[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3829 Introduced in House (IH)]







106th CONGRESS
  2d Session
                                H. R. 3829

  To amend the Federal program for the compensation of work injuries.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 2, 2000

Mr. Greenwood introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on Ways and Means, for a period to be subsequently determined 
 by the Speaker, in each case for consideration of such provisions as 
        fall within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Federal program for the compensation of work injuries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FECA Reform Act of 2000''.

SEC. 2. ACCESS TO SOCIAL SECURITY INFORMATION.

    Section 6103(l) of the Internal Revenue Code of 1986 is amended by 
inserting after paragraph (16) the following:
            ``(17) Disclosure of return information to carry out 
        federal employees' compensation provisions of title 5.--
                    ``(A) In general.--The Commissioner of Social 
                Security shall, upon written request, disclose to the 
                Department of Labor (including the Office of Inspector 
                General) return information with respect to net 
                earnings from self-employment (as defined in section 
                1402), wages (as defined in sections 3121(a) or 
                3401(a)), and payments of retirement income, which have 
                been disclosed to the Social Security Administration as 
                provided by paragraph (1) or (5).
                    ``(B) Return information from internal revenue 
                service.--The Secretary shall, upon written request, 
                disclose to the Department of Labor (including the 
                Inspector General) current return information from 
                returns with respect to net earnings from self-
                employment (as defined in section 1402), wages (as 
                defined in sections 3121(a) or 3401(a)), and payments 
                of retirement income.
                    ``(C) Restriction on disclosure.--The Commissioner 
                of Social Security shall disclose return information 
                under subparagraph (A) and the Secretary shall disclose 
                return information under subparagraph (B) only for 
                purposes of, and to the extent necessary in, the 
                administration (including the detection and prevention 
                of fraud) of chapter 81 of title 5, United States Code.
                    ``(D) Reimbursement.--The Department of Labor 
                (including the Office of Inspector General) shall 
                reimburse the Social Security Administration for the 
                cost it incurs in complying with requests under 
                subparagraph (A).''.

SEC. 3. INCOME REPORTING REQUIREMENT FOR TOTAL DISABILITY RECIPIENTS.

    Section 8105 of title 5, United States Code, is amended by 
inserting after subsection (b) the following:
    ``(c) The Secretary of Labor may require a totally disabled 
employee to report his earnings from employment or self-employment, by 
affidavit or otherwise, in the manner and at the times the Secretary 
specifies. The employee shall include in the affidavit or report the 
value of housing, board, lodging, and other advantages which are part 
of his earnings in employment or self-employment and which can be 
estimated in money. An employee who--
            ``(1) fails to make an affidavit or report when required, 
        or
            ``(2) knowingly omits or understates any part of his 
        earnings,
forfeits his right to compensation with respect to any period for which 
the affidavit or report was required. Compensation forfeited under this 
subsection, if already paid, shall be recovered by a deduction from the 
compensation payable to the employee or otherwise recovered under 
section 8129 of this title, unless recovery is waived under that 
section.''

SEC. 4. CONTINUATION OF PAY.

    (a) In General.--Section 8118(e) of title 5, United States Code, is 
amended by inserting before the period the following: ``, except for 
purposes of refunds to the United States from third person recoveries 
pursuant to section 8132''.
    (b) Refunds Returned to Employing Agency.--The third sentence of 
section 8132 of title 5, United States Code, is amended by inserting 
before the period the following: ``except for continuation of pay under 
section 8118 which shall be credited to the employing agency that paid 
it''.

SEC. 5. CORRECTION OF INEQUITIES IN THE FEDERAL EMPLOYEES' COMPENSATION 
              PROVISIONS OF TITLE 5.

    (a) Definitions.--Section 8101 of title 5, United States Code, is 
amended--
            (1) by amending paragraph (6) to read as follows:
            ``(6) `surviving spouse' means the husband or wife living 
        with, or dependent for support on, the decedent at the time of 
        the decedent's death, or living apart for reasonable cause or 
        because of the decedent's desertion;'';
            (2) by striking out paragraphs (11) and (18);
            (3) by redesignating paragraphs (12) through (17) as 
        paragraphs (11) through (16) respectively;
            (4) by redesignating paragraphs (19) and (20) as paragraphs 
        (17) and (18) respectively;
            (5) in paragraph (17), as redesignated, by striking out 
        ``and'' at the end of the paragraph;
            (6) in paragraph (18), as redesignated, by striking out the 
        period at the end of the paragraph and inserting in lieu 
        thereof ``; and''; and
            (7) by inserting after redesignated paragraph (18) the 
        following new paragraph:
            ``(19) `FECA annuity' means the adjusted compensation that 
        is paid after conversion under section 8106a of this title.''.
    (b) Vocational Rehabilitation.--Section 8104(b) of title 5, United 
States Code, is amended by striking out ``sections 8105 and 8110'' and 
inserting in lieu thereof ``section 8105''.
    (c) Conversion of Disability Compensation.--
            (1) Amendment.--Subchapter I of chapter 81 of title 5, 
        United States Code, is amended by inserting after section 8106 
        the following new section:
``Sec. 8106a. Conversion of disability compensation
    ``(a) Basic compensation for total or partial disability will be 
converted to an annuity under this chapter on the date which is the 
earlier of--
            ``(1) two years after the individual would, but for the 
        injury, have been eligible for immediate retirement under 
        chapter 83 or 84 of this title, or after receiving basic 
        compensation continuously for five years, whichever is later; 
        or
            ``(2) the date on which the individual begins receiving any 
        other Federal retirement benefit that is based on age, 
        including, but not limited to, benefits under the Social 
        Security Act or chapter 87 of title 5.
    ``(b) The annuity under this chapter is 66\2/3\ percent of the 
basic compensation for total or partial disability, as applicable, 
payable on the date of conversion.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall take effect January 1, 1999.
    (d) Compensation Schedule.--Section 8107 of title 5, United States 
Code, is amended to read as follows:
``Sec. 8107. Compensation schedule
    ``(a) If an injury results in the permanent loss, or permanent loss 
of use, of a member or function of the body, or involves disfigurement, 
the employee is entitled to compensation as provided by this section. 
The compensation is--
            ``(1) payable regardless of whether the cause of the loss 
        or loss of use originates in a part of the body other than that 
        member;
            ``(2) payable regardless of whether the loss or loss of use 
        also involves another loss or loss of use of a member or 
        function of the body; and
            ``(3) in addition to basic compensation for total or 
        partial disability under section 8105 or 8106 of this title.
    ``(b) The amount of compensation for any loss or loss of use 
compensable under this section shall be the product of--
            ``(1) 66\2/3\ percent of the minimum monthly rate of basic 
        pay for an employee of the average grade for all employees paid 
        under the General Schedule established by section 5332 of this 
        title on the date of injury which results in the award of 
        compensation;
            ``(2) the value of the loss as prescribed under subsection 
        (c) of this section. Such amounts shall be computed in dollar 
        amounts and shall be reduced by the dollar amount of any awards 
        paid by any employer of the employee for some portion of the 
        loss; and
            ``(3) the value of the loss as prescribed under subsection 
        (c) of this section shall be reduced by the percentage of loss 
        attributable to that portion of the loss that preexisted 
        Federal employment.
    ``(c) The permanent loss or losses of use compensable under this 
section, and the values for 100 percent loss in each case, are as 
follows:
            ``(1) Arm, 312 weeks' compensation.
            ``(2) Leg, 288 weeks' compensation.
            ``(3) Hand, 244 weeks' compensation.
            ``(4) Foot, 205 weeks' compensation.
            ``(5) Eye, 160 weeks' compensation.
            ``(6) Thumb, 75 weeks' compensation.
            ``(7) First finger, 46 weeks' compensation.
            ``(8) Great toe, 38 weeks' compensation.
            ``(9) Second finger, 30 weeks' compensation.
            ``(10) Third finger, 25 weeks' compensation.
            ``(11) Toe other than great toe, 16 weeks' compensation.
            ``(12) Fourth finger, 15 weeks' compensation.
            ``(13) Breast, 52 weeks' compensation.
            ``(14) Kidney, 156 weeks' compensation.
            ``(15) Larynx, 160 weeks' compensation.
            ``(16) Lung, 156 weeks' compensation.
            ``(17) Penis, 205 weeks' compensation.
            ``(18) Testicle, 52 weeks' compensation.
            ``(19) Tongue, 160 weeks' compensation.
            ``(20) Ovary (one), 52 weeks' compensation.
            ``(21) Uterus/cervix and vulva/vagina, 205 weeks' 
        compensation.
            ``(22) Loss of hearing--
                    ``(A) complete loss of hearing of one ear, 52 
                weeks' compensation; or
                    ``(B) complete loss of hearing of both ears, 200 
                weeks' compensation.
            ``(23) Compensation for loss of binocular vision or for 
        loss of 80 percent or more of the vision of an eye is to be the 
        same as for loss of the eye.
            ``(24) Compensation for loss of more than one phalanx of a 
        digit is to be the same as for the loss of the entire digit, 
        with loss of the first phalanx worth half the compensation for 
        the loss of the entire digit.
            ``(25) In the case of an arm or leg, amputation above the 
        wrist or ankle, respectively, shall be compensated as for loss 
        of the whole arm or leg.
            ``(26) Compensation for loss of use of two or more digits, 
        or one or more phalanxes of each of two or more digits, of a 
        hand or foot, is to be proportioned to the loss of use of the 
        hand or foot occasioned thereby.
            ``(27) Compensation for permanent total loss of use of a 
        member is to be the same as for loss of the member.
            ``(28) Compensation for permanent partial loss of use of a 
        member may be for the proportionate degree of loss of use of 
        the member, and the degree of loss of vision or hearing is to 
        be determined without regard to correction.
            ``(29) In case of loss of use of more than one member or 
        parts of more than one member as enumerated by schedule, the 
        compensation is to be for the loss of use of each member or 
        part thereof, cumulatively; but when the injury affects only 
        two or more digits of the same hand or foot, paragraph (24) of 
        this subsection applies, and when partial bilateral loss of 
        hearing is involved, compensation is to be computed on the loss 
        as affecting both ears.
            ``(30) For serious disfigurement of the face, head, hands, 
        or neck of a character likely to handicap the employee in 
        securing or maintaining employment, proper and equitable 
        compensation at a value not to exceed $3,500 shall be awarded 
        in addition to any other compensation payable under this 
        schedule.
            ``(31) For permanent loss or permanent loss of use of any 
        other important external or internal organ of the body, as 
        determined by the Secretary, proper and equitable compensation 
        at a value not to exceed 312 weeks' compensation for each organ 
        so determined shall be paid in addition to any other 
        compensation payable under this schedule.''.
    (e) Beneficiaries of Awards Unpaid at Death: Order of Precedence.--
Section 8109(b) of title 5, United States Code, is amended by striking 
out ``even if at the time of death'' and all that follows through the 
end of the subsection and inserting in lieu thereof a period.
    (f) Augmented Compensation for Dependents.--Section 8110 of title 
5, United States Code, is repealed.
    (g) Maximum and Minimum Monthly Payments.--Section 8112(a) of title 
5, United States Code, is amended--
            (1) by striking out ``including augmented compensation 
        under section 8110 of this title but''; and
            (2) by striking out ``75 percent'' both places it appears 
        and inserting in lieu thereof in each instance ``66\2/3\ 
        percent''.
    (h) Limitation on Right To Receive Compensation.--Section 8116 of 
title 5, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (3), by striking out ``and'' at 
                the end of the paragraph;
                    (B) in paragraph (4), by striking out the period at 
                the end of the paragraph and inserting in lieu thereof 
                ``; and'';
                    (C) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) for a schedule award.''; and
                    (D) by striking out ``However, eligibility for and 
                receipt of benefits'' and all that follows through the 
                end of the subsection; and
            (2) by adding at the end the following new subsections:
    ``(e) Notwithstanding any other provision of this title, no 
benefits for wage loss under this subchapter shall be paid to any 
individual during any period during which such individual is confined 
in a jail, prison, or other penal institution or correctional facility, 
pursuant to his or her conviction of an offense which constitutes a 
felony or other crime under applicable law.
    ``(f) Notwithstanding the provisions of section 552a of this title, 
or any other provision of Federal or State law, any agency of the 
United States Government or of any State (or political subdivision 
thereof) shall make available to the Secretary, upon written request, 
the name and social security account number of any individual who is 
confined in a jail, prison, or other penal institution or correctional 
facility under the jurisdiction of such agency, pursuant to his 
conviction of an offense which constituted a felony or other crime 
under applicable law, which the Secretary may require to carry out the 
provisions of this subsection.''.
    (i) Time of Accrual of Right.--Section 8117 of title 5, United 
States Code, is amended to read as follows:
``Sec. 8117. Time of accrual of right
    ``An employee is not entitled to compensation or to continuation of 
pay during the first three days of disability, other than as provided 
by sections 8103 and 8104 of this title. Pursuant to regulations of the 
Secretary, employees may use accrued annual leave, sick leave, or leave 
without pay during such waiting period.''.
    (j) Continuation of Pay; Election To Use Annual or Sick Leave.--
Section 8118 of title 5, United States Code, is amended--
            (1) in subsection (b)(1), by striking out ``without a break 
        in time'' and inserting in lieu thereof ``following the three-
        day waiting period prescribed in section 8117 of this title,'';
            (2) by amending subsection (c) to read as follows:
    ``(c) An employee may use annual or sick leave to his credit at the 
time the disability begins, but his compensation or disability does not 
begin until termination of pay as set forth in subsections (a) and (b) 
or the use of annual and sick leave ends.''; and
            (3) in subsection (e), by adding at the end the following 
        new sentence: ``Payments may be recovered, however, from the 
        employee under sections 8131 and 8132 of this title.''.
    (k) Compensation in Case of Death.--Section 8133 of title 5, United 
States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) If death results from an injury sustained in the performance 
of duty, the United States shall pay a monthly compensation equal to a 
percentage of the monthly pay of the deceased employee in accordance 
with the following schedule:
            ``(1) To a surviving spouse, if there is no child, 50 
        percent.
            ``(2) To a surviving spouse, if there is a child, 50 
        percent and in addition, 16\2/3\ percent for any children, not 
        to exceed a total of 66\2/3\ percent for the spouse and 
        children.
            ``(3) To the children, if there is no surviving spouse, 50 
        percent for one child and 16\2/3\ percent for any additional 
        children not to exceed a total of 66\2/3\ percent, divided 
        among the children, share and share alike.
            ``(4) To the parents, if there is no surviving spouse or 
        child, as follows:
                    ``(A) 25 percent if one parent was wholly dependent 
                on the employee at the time of death and the other was 
                not dependent to any extent;
                    ``(B) 20 percent to each if both were wholly 
                dependent; or
                    ``(C) a proportionate amount in the discretion of 
                the Secretary of Labor if one or both were partly 
                dependent.
        If there is a surviving spouse or child, so much of the 
        percentages are payable as, when added to the total percentage 
        payable to the widow, widower, and children, will not exceed a 
        total of 66\2/3\ percent.
            ``(5) To the brothers, sisters, grandparents, and 
        grandchildren, if there is no surviving spouse, child, or 
        dependent parent, as follows:
                    ``(A) 20 percent if one was wholly dependent on the 
                employee at the time of death.
                    ``(B) 30 percent if more than one was wholly 
                dependent, divided among the dependents share and share 
                alike.
                    ``(C) 10 percent if no one is wholly dependent but 
                one or more is partly dependent, divided among the 
                dependents share and share alike.
        If there is a surviving spouse, child, or dependent parents, so 
        much of the percentages are payable as, when added to the total 
        percentages payable to the widow, widower, children, and 
        dependent parents, will not exceed a total of 66\2/3\ percent.
            ``(6) To the surviving spouse of a FECA annuitant, 
        regardless of any children, if the death is due to a work-
        related injury, benefits will continue at the same FECA annuity 
        rate as the deceased received.''; and
            (2) in subsection (e)(2), by striking out ``75 percent'' 
        and inserting in lieu thereof ``66\2/3\ percent''.
    (l) Administration.--Section 8146(a) of title 5, United States 
Code, is amended to read as follows:
    ``(a) Compensation payable on account of disability or death which 
occurred more than one year before March 1 of each year shall be 
annually increased on that date by the amount determined by Congress to 
represent the percentage of pay raise for general schedule 
employees.''.
    (m) Clerical Amendments.--The table of sections at the beginning of 
subchapter I of chapter 81 of title 5, United States Code, is amended--
            (1) by inserting after the item relating to section 8106 
        the following new item:

``8106a. Conversion of Disability Compensation.''; and
            (2) by striking out the item relating to section 8110.
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