[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5891 Introduced in House (IH)]

112th CONGRESS
  2d Session
                                H. R. 5891

  To amend the Defense Base Act to require the provision of insurance 
   under that Act under a Government self-insurance program, and to 
  require an implementation strategy for such self-insurance program.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 5, 2012

 Mr. Cummings introduced the following bill; which was referred to the 
   Committee on Education and the Workforce, and in addition to the 
Committee on Armed Services, 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 Defense Base Act to require the provision of insurance 
   under that Act under a Government self-insurance program, and to 
  require an implementation strategy for such self-insurance program.

    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 ``Defense Base Act Insurance 
Improvement Act of 2012''.

SEC. 2. REQUIREMENT FOR USE OF GOVERNMENT SELF-INSURANCE PROGRAM FOR 
              INSURANCE UNDER DEFENSE BASE ACT.

    Section 1 of the Defense Base Act (42 U.S.C. 1651) is amended by 
adding at the end the following new subsection:
    ``(g) Transition to Government Self-Insurance Program.--
            ``(1) In general.--On the effective date of this 
        subsection, the requirements in paragraphs (1) through (6) of 
        subsection (a) imposed on contractors to secure the payment of 
        compensation and other benefits under the provisions of this 
        Act and to maintain in full force and effect such security for 
        the payment of such compensation and benefits shall, for 
        injuries sustained after such effective date, be satisfied 
        through the Government Defense Base Act self-insurance program.
            ``(2) Government defense base act self-insurance program 
        defined.--In this subsection, the term `Government Defense Base 
        Act self-insurance program' means a self-insurance program 
        developed in the implementation strategy required by section 3 
        of the Defense Base Act Insurance Improvement Act of 2012 and 
        under which--
                    ``(A) compensation and benefits for injuries 
                sustained are satisfied directly by the Government, 
                without action of the contractor (or subcontractor or 
                subordinate contractor with respect to such 
                contractor); and
                    ``(B) compensation and benefits are funded by the 
                agencies whose contracts are affected.
            ``(3) Effective date.--The effective date of this 
        subsection is the date occurring one year after the date of the 
        enactment of the Defense Base Act Insurance Improvement Act of 
        2012.''.

SEC. 3. IMPLEMENTATION STRATEGY FOR GOVERNMENT DEFENSE BASE ACT SELF-
              INSURANCE PROGRAM.

    (a) Requirement.--The Secretary of Defense and the Secretary of 
Labor shall jointly develop and execute an implementation strategy for 
a self-insurance program for insurance required by the Defense Base Act 
(42 U.S.C. 1651 et seq.).
    (b) Matters Covered.--The implementation strategy required under 
subsection (a) shall address and provide a plan for the following:
            (1) Appropriate administration of the self-insurance 
        program, including appropriate program financing.
            (2) Appropriate procedures for claims processing, claims 
        adjudication, and benefits delivery, taking into consideration 
        the unique circumstances of insuring overseas contractors.
            (3) A timeline and strategy to transfer existing claims 
        covered under the Defense Base Act (42 U.S.C. 1651 et seq.) and 
        the War Hazards Compensation Act (42 U.S.C. 1701 et seq.) by 
        private carriers to a Government self-insurance program.
            (4) Recommendations for any additional statutory revisions 
        necessary to carry out the strategy.
    (c) Report and Deadline.--Not later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense and the Secretary 
of Labor shall jointly prepare and submit to the appropriate 
congressional committees a report on the implementation strategy.

SEC. 4. REPORT.

    (a) Report Requirement.--Not later than 2 years after the date of 
the enactment of this Act, the Secretary of Defense and the Secretary 
of Labor shall jointly prepare a report on the implementation of this 
Act and the amendment made by this Act.
    (b) Matters Covered.--The report shall cover, at a minimum, the 
following with respect to the Government Defense Base Act self-
insurance program (as defined in the amendment made by section 2):
            (1) The cost savings from the use of the self-insurance 
        program.
            (2) The quality of administration of the self-insurance 
        program.
            (3) Whether the delivery of benefits to injured employees 
        and their survivors (in the case of death) has improved under 
        the self-insurance program.
            (4) Recommendations for improvement of the self-insurance 
        program.
            (5) Such other matters as the Secretaries consider 
        appropriate.

SEC. 5. DEFINITION OF CONGRESSIONAL COMMITTEES.

    In this Act, the term ``appropriate congressional committees'' 
means the following:
            (1) The Committees on Armed Services of the Senate and the 
        House of Representatives.
            (2) The Committee on Homeland Security and Governmental 
        Affairs of the Senate and the Committee on Oversight and 
        Government Reform of the House of Representatives.
                                 <all>