I 
112TH CONGRESS 
1ST SESSION H. R. 2465 
To amend the Federal Employees’ Compensation Act. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 8, 2011 
Mr. KLINE (for himself, Mr. GEORGE MILLER of California, Mr. WALBERG, 
and Ms. WOOLSEY) introduced the following bill; which was referred to 
the Committee on Education and the Workforce 
A BILL 
To amend the Federal Employees’ Compensation Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Federal Workers’ Com-
pensation Modernization and Improvement Act’’. 
SEC. 2. PHYSICIAN ASSISTANTS AND ADVANCED PRACTICE 
NURSES. 
(a) DEFINITION
OF MEDICAL SERVICES.—Section 
8101(3) of title 5, United States Code, is amended— 
(1) by striking ‘‘law. Reimbursable’’ and insert-
ing ‘‘law (reimbursable’’; and 
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(2) by inserting before the semicolon, the fol-
lowing: ‘‘, and medical services may include treat-
ment by a physician assistant or advanced practice 
nurse, such as a nurse practitioner, within the scope 
of their practice as defined by State law, consistent 
with regulations prescribed by the Secretary of 
Labor)’’. 
(b) MEDICAL SERVICES AND OTHER BENEFITS.— 
Section 8103(a) of title 5, United States Code, is amend-
ed— 
(1) by redesignating subsection (b) as sub-
section (c); and 
(2) by inserting after subsection (a), the fol-
lowing: 
‘‘(b) Medical services furnished or prescribed pursu-
ant to subsection (a) may include treatment by a physician 
assistant or advanced practice nurse, such as a nurse 
practitioner, within the scope of their practice as defined 
by State law, consistent with regulations prescribed by the 
Secretary of Labor.’’. 
(c) CERTIFICATION OF TRAUMATIC INJURY.—Section 
8121(6) of title 5, United States Code, is amended by in-
serting before the period, the following: ‘‘(except that in 
a case of a traumatic injury, a physician assistant or ad-
vanced practice nurse, such as a nurse practitioner, within 
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the scope of their practice as defined by State law, may 
also provide certification of such traumatic injury and re-
lated disability during the continuation of pay period cov-
ered by section 8118, in a manner consistent with regula-
tions prescribed by the Secretary of Labor)’’. 
SEC. 3. COVERING TERRORISM INJURIES. 
Section 8102(b) of title 5, United States Code, is 
amended in the matter preceding paragraph (1)— 
(1) by inserting ‘‘or from an attack by a ter-
rorist or terrorist organization, either known or un-
known,’’ after ‘‘force or individual,’’ and 
(2) by striking ‘‘outside’’ and all that follows 
through ‘‘1979)’’ and inserting ‘‘outside of the 
United States’’. 
SEC. 4. DISFIGUREMENT. 
Section 8107(c)(21) of title 5, United States Code— 
(1) by striking ‘‘For’’ and inserting the fol-
lowing: 
‘‘(A) Except as provided under subpara-
graph (B), for’’; and 
(2) by adding at the end the following: 
‘‘(B) Notwithstanding subparagraph (A), 
for an injury occurring during the 3-year period 
prior to the date of enactment of the Federal 
Workers’ Compensation Modernization and Im-
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provement Act for which the Secretary has not 
made a compensation determination on dis-
figurement under subparagraph (A), or for an 
injury occurring on or after the date of enact-
ment of such Act resulting in a serious dis-
figurement of the face, head, or neck, proper 
and equitable compensation in proportion to the 
severity of the disfigurement, not to exceed 
$50,000, as determined by the Secretary, shall 
be awarded in addition to any other compensa-
tion payable under this schedule. The applicable 
maximum compensation for disfigurement pro-
vided under this subparagraph shall be adjusted 
annually on March 1 in accordance with the 
percentage amount determined by the cost of 
living adjustment in section 8146a.’’. 
SEC. 5. SOCIAL SECURITY EARNINGS INFORMATION. 
Section 8116 of title 5, United States Code, is 
amended by adding at the end the following: 
‘‘(e) Notwithstanding any other provision of law, the 
Secretary of Labor may require, as a condition of receiving 
any benefits under this subchapter, that a claimant for 
such benefits consent to the release by the Social Security 
Administration of the Social Security earnings informa-
tion of such claimant.’’. 
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SEC. 6. CONTINUATION OF PAY IN A ZONE OF ARMED CON-
FLICT. 
Section 8118 of title 5, United States Code, is 
amended— 
(1) in subsection (b), by striking ‘‘Continu-
ation’’ and inserting ‘‘Except as provided under sub-
section (e)(2), continuation’’; 
(2) in subsection (c), by striking ‘‘subsections 
(a) and (b)’’ and inserting ‘‘subsections (a) and (b) 
or subsection (e),’’; 
(3) in subsection (d), by striking ‘‘subsection 
(a)’’ and inserting ‘‘subsection (a) or (e)’’; 
(4) by redesignating subsection (e) as sub-
section (f); and 
(5) by inserting after subsection (d) the fol-
lowing: 
‘‘(e) CONTINUATION OF PAY IN A ZONE OF ARMED 
CONFLICT.— 
‘‘(1) IN GENERAL.—Notwithstanding subsection 
(a), the United States shall authorize the continu-
ation of pay of an employee as defined in section 
8101(1) of this title (other than those referred to in 
subparagraph (B) or (E)), who has filed a claim for 
a period of wage loss due to traumatic injury in per-
formance of duty in a zone of armed conflict (as so 
determined by the Secretary of Labor under para-
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graph (3)), as long as the employee files a claim for 
such wage loss benefit with his immediate superior 
not later than 45 days following termination of as-
signment to the zone of armed conflict or return to 
the United States, whichever occurs later. 
‘‘(2) CONTINUATION OF PAY.—Notwithstanding 
subsection (b), continuation of pay under this sub-
section shall be furnished for a period not to exceed 
135 days without any break in time or waiting pe-
riod, unless controverted under regulations pre-
scribed by the Secretary of Labor. 
‘‘(3) DETERMINATION
OF
ZONES
OF
ARMED 
CONFLICT.—For purposes of this subsection, the 
Secretary of Labor, in consultation with the Sec-
retary of State and the Secretary of Defense, shall 
determine whether a foreign country or other foreign 
geographic area outside of the United States (as 
that term is defined in section 202(7) of the State 
Department Basic Authorities Act of 1956 (22 
U.S.C. 4302(7)) is a zone of armed conflict based on 
whether— 
‘‘(A) the Armed Forces of the United 
States are involved in hostilities in the country 
or area; 
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‘‘(B) the incidence of civil insurrection, 
civil war, terrorism, or wartime conditions 
threatens physical harm or imminent danger to 
the health or well-being of United States civil-
ian employees in the country or area; 
‘‘(C) the country or area has been des-
ignated a combat zone by the President under 
section 112(c) of the Internal Revenue Code of 
1986 (26 U.S.C. 112(c)); 
‘‘(D) a contingency operation involving 
combat operations directly affects civilian em-
ployees in the country or area; or 
‘‘(E) there exist other relevant conditions 
and factors.’’. 
SEC. 7. SUBROGATION OF CONTINUATION OF PAY. 
(a) SUBROGATION OF THE UNITED STATES.—Sec-
tion 8131 of title 5, United States Code, is amended— 
(1) in subsection (a), by inserting ‘‘continuation 
of pay or’’ before ‘‘compensation’’; and 
(2) in subsection (c), by inserting ‘‘continuation 
of pay or’’ before ‘‘compensation already paid’’. 
(b) ADJUSTMENT AFTER RECOVERY FROM A THIRD 
PERSON.—Section 8132 of title 5, United States Code, is 
amended— 
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(1) by inserting ‘‘continuation of pay or’’ before 
‘‘compensation’’ the first, second, fourth, and fifth 
place it appears; 
(2) by striking ‘‘in his behalf’’ and inserting 
‘‘on his behalf’’; and 
(3) by inserting ‘‘continuation of pay and’’ be-
fore ‘‘compensation’’ the third place it appears. 
SEC. 8. FUNERAL EXPENSES. 
Section 8134 of title 5, United States Code, is 
amended— 
(1) in subsection (a), by striking ‘‘If’’ and in-
serting ‘‘Except as provided in subsection (b), if’’; 
(2) by redesignating subsection (b) as sub-
section (c); and 
(3) by inserting after subsection (a) the fol-
lowing: 
‘‘(b) Notwithstanding subsection (a), for deaths oc-
curring on or after the date of enactment of the Federal 
Workers’ Compensation Modernization and Improvement 
Act, if death results from an injury sustained in the per-
formance of duty, the United States shall pay, to the per-
sonal representative of the deceased or otherwise, funeral 
and burial expenses not to exceed $6,000, in the discretion 
of the Secretary of Labor. The applicable maximum com-
pensation for burial expenses provided under this sub-
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section shall be adjusted annually on March 1 in accord-
ance with the percentage amount determined by the cost 
of living adjustment in section 8146a.’’. 
SEC. 9. EMPLOYEES’ COMPENSATION FUND. 
Section 8147 of title 5, United States Code, is 
amended— 
(1) in subsection (a)— 
(A) by striking ‘‘except administrative ex-
penses’’ and inserting ‘‘including administrative 
expenses’’; and 
(B) by striking the last 2 sentences; and 
(2) in subsection (b)— 
(A) in the first sentence, by inserting be-
fore the period ‘‘and an estimate of a pro-rata 
share of the amount of funds necessary to ad-
minister this subchapter for the fiscal year be-
ginning in the next calendar year’’; and 
(B) in the second sentence, by striking 
‘‘costs’’ and inserting ‘‘amount set out in the 
statement of costs and administrative expenses 
furnished pursuant to this subsection’’. 
SEC. 10. CONFORMING AMENDMENT. 
Section 8101(1)(D) of title 5, United States Code, 
is amended by inserting before the semicolon ‘‘who suf-
fered an injury on or prior to March 3, 1979’’. 
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SEC. 11. EFFECTIVE DATE. 
Except as otherwise provided, this Act and the 
amendments made by this Act, shall take effect 60 days 
after the date of enactment of this Act. 
Æ 
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