[Congressional Record Volume 157, Number 181 (Tuesday, November 29, 2011)]
[House]
[Pages H7908-H7916]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
FEDERAL WORKERS' COMPENSATION MODERNIZATION AND IMPROVEMENT ACT
Mr. WALBERG. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 2465) to amend the Federal Employees' Compensation Act, as
amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 2465
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 ``Federal Workers'
Compensation Modernization and Improvement Act''.
[[Page H7909]]
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 inserting ``law
(reimbursable''; and
(2) by inserting before the semicolon, the following: ``,
and medical services 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)''.
(b) Medical Services and Other Benefits.--Section 8103 of
title 5, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a), the following:
``(b) Medical services furnished or prescribed pursuant 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 inserting before
the period, the following: ``(except that in a case of a
traumatic injury, a physician assistant or advanced practice
nurse, such as a nurse practitioner, within the scope of
their practice as defined by State law, may also provide
certification of such traumatic injury and related disability
during the continuation of pay period covered by section
8118, in a manner consistent with regulations 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 terrorist or
terrorist organization, either known or unknown,'' 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 following: ``(A)
Except as provided under subparagraph (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 Improvement Act for which the Secretary of Labor has not
made a compensation determination on disfigurement under
subparagraph (A), or for an injury occurring on or after the
date of enactment of such Act resulting in a serious
disfigurement 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
compensation payable under this schedule. The applicable
maximum compensation for disfigurement provided 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 information of
such claimant.''.
SEC. 6. CONTINUATION OF PAY IN A ZONE OF ARMED CONFLICT.
Section 8118 of title 5, United States Code, is amended--
(1) in subsection (b), by striking ``Continuation'' and
inserting ``Except as provided under subsection (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 subsection (f); and
(5) by inserting after subsection (d) the following:
``(e) Continuation of Pay in a Zone of Armed Conflict.--
``(1) In general.--Notwithstanding subsection (a), the
United States shall authorize the continuation 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 performance of duty in a zone of armed conflict (as
so determined by the Secretary of Labor under paragraph (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 assignment 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 subsection shall be furnished
for a period not to exceed 135 days without any break in time
or waiting period, unless controverted under regulations
prescribed 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 Secretary 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;
``(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
civilian employees in the country or area;
``(C) the country or area has been designated 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 employees 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.--Section 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--
(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'' before
``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 inserting
``Except as provided in subsection (b), if'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following:
``(b) Notwithstanding subsection (a), for deaths occurring
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 performance of duty,
the United States shall pay, to the personal 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 compensation for burial
expenses provided under this subsection shall be adjusted
annually on March 1 in accordance 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 expenses'' 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 before the period
``and an estimate of a pro-rata share of the amount of funds
necessary to administer this subchapter for the fiscal year
beginning 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 suffered an
injury on or prior to March 3, 1979''.
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.
SEC. 12. PAYGO COMPLIANCE.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Michigan (Mr. Walberg) and the gentlewoman from California (Ms.
Woolsey) each will control 20 minutes.
The Chair recognizes the gentleman from Michigan.
[[Page H7910]]
General Leave
Mr. WALBERG. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days within which to revise and extend their
remarks and include extraneous material on H.R. 2465.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Michigan?
There was no objection.
Mr. WALBERG. Mr. Speaker, I yield myself such time as I may consume.
I rise today in support of H.R. 2465, the Federal Workers'
Compensation Modernization and Improvement Act. The legislation was
approved unanimously by the House Education and Workforce Committee, a
testament to its commonsense bipartisan policies. I urge my colleagues
to support it.
For more than 90 years, our workers' compensation program has
provided assistance to Federal employees who become injured or ill
through a work-related activity. The program reflects our commitment to
the men and women who serve our country in the Federal Government.
Established by the Federal Employees' Compensation Act, the program
is administered by the Department of Labor; and, in recent years, it
has grown significantly in size and in cost. An estimated 3 million
employees are covered by the program. During fiscal year 2010,
beneficiaries receive nearly $3 billion in workers' compensation.
Unfortunately, this Federal program has not been significantly
reformed or updated in almost 40 years; and as is too often the case
with government programs left unchecked for decades, waste and
inefficiencies have crept into the system, leading to poor use of
taxpayer resources and diminished support for the individuals the
program is intended to serve.
Through the oversight efforts of the Education and Workforce
Committee, we've learned about a number of challenges confronting the
program. For example, workers in rural areas like my own may have
limited access to medical care. Additionally, Mr. Speaker, some
compensation levels remain set to formulas that made sense during the
days of the Second World War, but are inappropriate today. Clearly,
reform is long overdue.
Federal employees should have access to a program that reflects the
realities of today's economy and that takes into account the best
practices in medical care. Taxpayers deserve a program that operates
efficiently and effectively. That's why I, along with the other leaders
on the Education and Workforce Committee, introduced the Federal
Workers' Compensation Modernization and Improvement Act, an initial
step in our effort to strengthen the program and bring it into the 21st
century.
{time} 1650
The bill before us today advances this goal in three important ways:
First, Mr. Speaker, H.R. 2465 enhances the efficiency of the Federal
Workers' Compensation Program. The legislation allows physician
assistants and advanced practice nurses--highly trained individuals in
the medical profession--to certify a worker's disability and ensure
these professionals are reimbursed for their services. The bill also
streamlines the claims process for workers who sustain a traumatic
injury in an area of armed conflict. These individuals can work in
hostile and even deadly environments, and they should not have to wait
months for benefits they are entitled to and the taxpayer wishes to
afford them;
Second, the legislation, Mr. Speaker, improves the integrity of the
Workers' Compensation Program. The Labor Department would be allowed to
cross-check an employee's earnings with information held at the Social
Security Administration, helping to provide workers the benefits they
deserve, no more and no less. The Department would also be empowered to
collect administrative costs and other expenses from agencies employing
the workers, promoting greater accountability within the program for
all Federal agencies;
Finally, Mr. Speaker, the legislation modernizes benefits to better
meet the needs of today's workers, providing the level of support
employees need and guaranteeing that injuries or illnesses resulting
from an act of terrorism are treated like other war-risk hazards.
The Federal Workers' Compensation Modernization and Improvement Act
represents commonsense reform Federal workers and taxpayers deserve. I
encourage my colleagues to support the legislation.
I reserve the balance of my time.
Ms. WOOLSEY. Mr. Speaker, I yield myself such time as I may consume.
(Ms. WOOLSEY asked and was given permission to revise and extend her
remarks.)
Ms. WOOLSEY. Mr. Speaker, I rise in support of H.R. 2465, the Federal
Workers' Compensation Modernization and Improvement Act.
This legislation is the product of bipartisan cooperation and
consensus, and I thank the chairman of the Workforce Protections
Subcommittee for being here and being the leader on this today.
This legislation updates and improves the Federal Employees'
Compensation Act, or FECA, which provides a safety net to 2.7 million
Federal civilian and postal employees, ensuring they can continue to
support their families and pay their bills if they're injured on the
job. A core principle embedded in FECA is that workers should be no
better off, or no worse off, for having suffered a work-related injury.
The reforms in this bill are an initial step toward making FECA
fairer and more efficient for taxpayers and the Federal employees who
depend on the program. H.R. 2465 updates benefits for funeral expenses
and facial disfigurement, both of which have not been updated since
1949. It ensures that injuries caused by acts of terrorism are covered
and expands the pool of medical providers to include advanced practice
nurses and physician assistants. It also expands the continuation of
``pay period'' from 45 days to 135 days for those who are injured
overseas in a ``zone of armed conflict'' to make it easier to file for
benefits.
This legislation also will improve program integrity by allowing the
Department of Labor to match its records against Social Security
earnings information, ensuring that beneficiaries are not receiving
prohibited salary or outside income at the same time they're receiving
FECA benefits. Consistent with a Government Accountability Office
recommendation, the bill allows the government to recover a portion of
payments that were secured from third parties. Mr. Speaker, these
commonsense, bipartisan changes will make FECA more efficient and,
according to the Congressional Budget Office, will produce savings for
taxpayers and the postal service.
The committee is also aware of Department of Labor proposals to slash
benefits for workers with dependents, reduce benefits for permanently
disabled workers when they reach retirement age, and shrink survivor
benefits. While the Department contends their proposal addresses
inequities, they have not presented evidence that these changes will
not create unintended consequences.
For that reason, I was pleased to join Chairman Kline, Subcommittee
Chairman Walberg, and Ranking Member Miller in sponsoring a July 8
request to the GAO asking that it assess the impacts of the Labor
Department's proposed changes. The GAO report will be vital--it will be
so important--as we look for ways to further improve FECA without
undermining its core values.
Before we consider what we're going to be doing, we have to consider
who is impacted by changes when we modify this law. And when we do, we
have to keep in mind that FECA is these workers' exclusive remedy,
which means injured workers and survivors of those killed on the job
cannot sue the government for their losses.
Leslie Black was a correctional officer at the Federal Correctional
Institution in Bennettsville, South Carolina, when she was attacked by
an inmate on May 2, 2007. She wrote this:
The inmate who attacked me had embedded two razors into a
plastic spoon by melting the spoon around the razors,
creating a lethal weapon. With this weapon, he slashed my
throat and right arm, causing severe bleeding, blood loss,
and lacerations.
Since this attack, my family and I have survived on a
reduced income of my workers' compensation benefits and my
husband's income, including his wages as a member of the Army
National Guard. We have three children at home, and my
workers' compensation benefits have been the difference
between financial survival and financial ruin. We hardly live
in the lap of luxury.
[[Page H7911]]
She hopes to return to work at the prison in a suitable position in
the near future, Mr. Speaker. She asked, ``Why would anyone want to cut
benefits for someone who was hurt trying to keep the community safe?''
Given the public service provided by Leslie and other Federal
workers, I was disappointed to see that the Senate Committee on
Homeland Security and Government Affairs has reported out postal reform
legislation that adopted many of the Department of Labor's proposals to
cut FECA and then went a step further and cut them even more deeply
without having first undertaken an analysis of the impacts. The Senate
committee even imposed some of these cuts retroactively. Frankly,
taking a meat axe to the FECA program without first doing your homework
is irresponsible. It is my hope that the legislation before us today,
coupled with a bipartisan commitment to study the matter with care, can
serve as an example for the correct path forward for improving FECA.
These are not just numbers. They're not just percentages that we're
dealing with. These changes could mean unjust impoverishment for a
Federal firefighter injured while battling a forest fire or the widow
of an FBI officer killed in the line of duty. Representative Gabby
Giffords and her staff were covered under FECA following the tragic
assault that killed six in Tucson, Arizona, earlier this year.
As we move forward, it is important that any further reforms are fair
to both taxpayers and injured workers. While I appreciate the desire of
some colleagues to move quickly to address their concerns about FECA,
it is prudent to allow a few months for GAO to complete its work before
redesigning the benefit structure.
Mr. Speaker, I am also troubled to learn that the House Committee on
Oversight and Government Reform decided to include changes to FECA in a
postal reform bill that would create a separate postal workers'
compensation system outside of FECA. All Federal workers--all Federal
workers--should be covered under the same workers' compensation system,
regardless of which agency employs them. So pursuant to House rules,
Workers' Compensation Programs, including FECA, have been within the
primary jurisdiction of the House Committee on Education and the
Workforce, and I expect that members of our committee will have an
opportunity to weigh in on that bill before it moves forward.
{time} 1700
Mr. Speaker, H.R. 2465 enjoys the support of a broad coalition of
labor unions, organizations of health care providers, and retiree
groups.
In closing, I would like to thank Chairman Kline, Ranking Member
Miller, and Subcommittee Chairman Walberg for their work on this
legislation.
It has been truly a gift to work in a bipartisan manner.
American Academy of
Physician Assistants,
Alexandria, VA, July 12, 2011.
Hon. John Kline,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Hon. Tim Walberg,
Chairman, Subcommittee on Workforce Protections, Washington,
DC.
Hon. George Miller,
Ranking Member, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Hon. Lynn Woolsey,
Ranking Member, Subcommittee on Workforce Protections,
Washington, DC.
Dear Mr. Chairman and Representatives Miller, Walberg, and
Woolsey: On behalf of the 75,000 clinically practicing
physician assistants (PAs) represented by the American
Academy of Physician Assistants (AAPA), the Academy would
like to commend you for your leadership to reauthorize the
Federal Employees' Compensation Act (FECA) and to make the
program more efficient and responsive to federal workers who
are injured on the job. AAPA supports the provisions in H.R.
2465, the Federal Workers' Compensation Modernization and
Improvement Act, to amend FECA to allow PAs to provide care
for federal employees with traumatic job-related injuries.
Currently, physician assistants (PAs) are not covered
providers under FECA and are unable to treat and diagnose
federal employees injured on the job. However, many federal
employees, particularly postal workers, are employed in rural
and other medically underserved communities where a PA may be
the only health care professional available. Consequently, a
PA who is the sole provider present at a medical practice or
clinic, is faced with an unacceptable dilemma when a federal
employee requests medical care for a job-related injury--
i.e., either provide the care and know that the federal
workers' compensation program will not provide payment for a
claim or direct the injured federal worker to the nearest
hospital emergency room where a PA will likely provide the
care at 4 to 5 times the cost.
PAs are covered providers in virtually all private and
public health insurance plans, including the Federal Employee
Health Benefits Program. PAs are employed throughout the
federal government to provide medical care, including the
White House, all branches of the Armed Services, the
Department of Veterans Affairs, and the U.S. Public Health
Service and Indian Health Service. Additionally, PAs are
covered providers in the overwhelming majority of state
workers compensation programs.
AAPA praises the efforts by the leading members of the
House Education and Workforce committee to resolve this
disparity in the law and help make health care more
accessible to all federal employees.
We look forward to working with the committee further to
ensure passage of H.R. 2465. Should you have any questions
regarding the PA profession, the AAPA, and/or the role of PAs
in occupational medicine, please do not hesitate to contact
Sandy Harding, AAPA Senior Director of Federal Advocacy, at
571-319-4338 or [email protected].
Sincerely,
Robert L. Wooten, PA-C,
President.
____
Hon. John Kline,
Chairman, Education and Workforce Committee, House of
Representatives, Washington, DC.
Hon. George Miller,
Ranking Member, Education and Workforce Committee, House of
Representatives, Washington, DC.
Dear Chairman Kline and Ranking Member Miller:
We appreciate your efforts on the Federal Workers'
Compensation Program Improvement Act, which is a step in the
right direction to ensuring patients have the care they need
in a timely manner. We support the effort to strengthen the
work Physician Assistants and Advanced Practice Registered
Nurses (APRNs) provide in the Federal Workers' Compensation
program today, and would like to highlight one minor
technical change that will improve the legislation.
While this legislation has a number of strong points, we
feel that one clarification will make the bill even stronger.
There are four APRN specialties: Nurse Practitioners,
Certified Registered Nurse Anesthetists, Certified Nurse-
Midwives, and Clinical Nurse Specialists. The legislation
indicates that ``physician assistants and advanced practice
nurses, such as a nurse practitioner,'' be included as those
providing medical services in the Federal Workers'
Compensation program and related to certification of
traumatic injury. Since there are four, and only four, APRN
specialties, we ask that all four specialties be listed in
the legislation either in the parenthetical references where
only nurse practitioners are now listed or in a new
definition section for Advanced Practice Registered Nurses.
The term APRN encompasses only four nursing specialties, and
while the legislation includes all four specialties solely by
using the term ``APN,'' we feel that it is important to
clearly indicate the four specialties in order to protect
these providers from losing payment for services they are
already providing in the Federal Workers' Compensation
program. We do not want this legislation to inadvertently
provide an impetus for the agency to deny reimbursement for
care that these other three APRN specialties are already
providing to patients in this federal program.
Thank you again for your work on this important bipartisan
legislation, as you seek to ensure our federal employees have
the care they need when they need it. We look forward to
working with you to make this legislation as strong as
possible, working with the APRN community to resolve any
concerns that may arise with the bill, and working with the
full House, Senate and the Administration to ensure our
federal employees have the care they need and deserve. If you
have questions, please contact Ann Walker-Jenkins at the
American Association of Nurse Anesthetists at 202-741-9083 or
via email at [email protected].
Sincerely,
American Association of Nurse Anesthetists,
American College of Nurse-Midwives,
American Nurses Association,
National Association of Clinical Nurse Specialists.
____
American Postal Workers Union,
AFL-CIO,
Washington, DC, July 8, 2011.
Hon. John Kline,
Chairman, House Committee on Education and the Workforce,
Washington, DC.
Hon. George Miller,
Ranking Member, House Committee on Education and the
Workforce, Washington, DC.
Dear Chairman Kline and Ranking Member Miller: Let me begin
by expressing my
[[Page H7912]]
gratitude for giving the APWU the opportunity to share our
views with the Committee regarding reforms to the Federal
Employees Compensation Act. We have reviewed the proposed
legislation. In our opinion, it facilitates program integrity
without undercutting benefits from workers while still
ensuring the modernization of program benefits. H.R. 2465 is
a vast improvement to the Administration's proposals and
those being offered by others.
The APWU is supportive of this bipartisan measure, and
looks forward to working with you in the months ahead to
remedy other segments of the law that are in need of
legislative attention. We are particularly interested in
working together to achieve meaningful change that would help
injured workers return-to-work without subjecting them to the
harmful consequences that currently exist. Further, the APWU
strongly agrees with the Committee's request for GAO to
examine various factors to help assess whether additional
FECA amendments could compound inequities to injured workers.
In closing, we would like to express our appreciation for
the concern you have demonstrated towards postal and federal
workers who are injured on-the-job by working in mutual
cooperation to draft this bipartisan legislation. Should you
have any questions, or concerns please do not hesitate to
contact my office.
Sincerely,
Susan M. Carney,
Human Relations Director.
____
National Active and Retired
Federal Employees Association,
Alexandria, VA, November 28, 2011.
Dear Representative: On behalf of the 4.6 million federal
employees and annuitants represented by the National Active
and Retired Federal Employees Association (NARFE), I urge you
to vote for H.R. 2465, the Federal Workers' Compensation
Modernization and Improvement Act of 2011. The bill provides
a thoughtful approach to reforming federal workers'
compensation laws, one that does not reduce the basic
benefits paid to employees who suffer a debilitating injury
or illness as a result of their public service.
The legislation combines much-needed adjustments to
compensation for the worst case injuries and commonsense
cost-saving measures that should improve the processing of
claims and reduce improper payments and fraud. Specifically,
NARFE supports the bill's provisions to expand coverage for
injuries or illnesses caused by a terrorist attack; to
increase the maximum compensation to employees for serious
disfigurement of the head, face or neck from an outdated
$3,500 to a more reasonable $50,000; to extend the time
period for a continuation of pay in a zone of armed conflict
to 135 days; and to increase compensation for funeral
expenses from an outdated $800 to a more reasonable $6,000.
H.R. 2465 represents the best path to reform, one that will
achieve cost savings and improve fairness, and not
coincidentally, enjoys broad bipartisan support.
Thank you for working together on this issue to craft this
commonsense legislation.
Sincerely,
Joseph A. Beaudoin,
President.
____
America Federation of
Government Employees, AFL-CIO,
Washington, DC, November 28, 2011.
Dear Representative: On behalf of the American Federation
of Government Employees, AFL-CIO, which represents more than
650,000 federal workers, I strongly urge you to support the
bipartisan Federal Workers' Compensation Modernization and
Improvement Act (H.R. 2465), when the full House considers
the bill this week.
As you know, the Federal Employees' Compensation Act (FECA)
provides wage-loss compensation benefits to federal workers
who become injured or ill through a work-related activity.
However, the FECA program has not been significantly reformed
since 1974, and as a result, a number of weaknesses have
emerged.
H.R. 2465 will enhance and update the FECA program, thereby
ensuring the program meets the needs of both workers and
taxpayers. The bill will reform the FECA program by:
Authorizing physician assistants and advanced practice
nurses, such as nurse practitioners, to provide medical
services and to certify traumatic injuries.
Updating benefit levels for severe disfigurement of the
face, head, or neck (up to $50,000) and for funeral expenses
(up to $6,000)--both of which have not been increased since
1949.
Making clear that the FECA program covers injuries caused
from an attack by a terrorist or terrorist organization.
Giving federal workers who suffer traumatic injuries in a
zone of armed conflict more time to initially apply for FECA
benefits and extending the duration of the ``continuation of
pay period from 45 days to 135 days.
Including program integrity measures recommended by the
Inspector General and the Government Accountability Office.
AFGE supports this bipartisan measure because it modernizes
the FECA program without undercutting federal workers'
compensation benefits. We look forward to working with you in
the months ahead to remedy other aspects of the FECA law that
are in need of legislative attention. We are particularly
interested in working together to help injured workers return
to work without subjecting them to the harmful consequences
that currently exist. In addition, AFGE agrees with the House
Education and Workforce Committee's request for the
Government Accountability Office to examine certain FECA
program changes proposed by the U.S. Department of Labor
before lawmakers consider any FECA reforms beyond those in
H.R. 2465.
Thank you for your attention to this important matter. If
you have any thoughts or questions, please feel free to
contact Milly Rodriguez ([email protected]) in our Field
Services & Education Department or Alan Kadrofske
([email protected]) in our Legislative & Political Department.
Sincerely,
Beth Moten,
Legislative and Political Director.
I urge my colleagues to support H.R. 2465, and I yield back the
balance of my time.
Mr. WALBERG. Mr. Speaker, I yield myself the balance of my time.
Let me close by acknowledging the bipartisan effort that went into
crafting the legislation, as my ranking member of the subcommittee, Ms.
Woolsey, has already stated.
It was a bipartisan effort that worked toward a very satisfactory,
even more so, unnecessary conclusion, as well as bringing the bill
before the House today.
I'd like to express my gratitude to the chairman and ranking member
of the Education and the Workforce Committee, Congressmen John Kline
and George Miller, for their work and the work of their staffs on this
important legislation. I'd also recognize the hard work of the staffs
of our Workforce Protection Subcommittee, both Congresswoman Woolsey's
and mine, in this effort as well.
The committee on which we are privileged to serve brings together
individuals from very different walks of life and with very different
views on how to fix the problems facing this great Nation, in many
cases; but I'm encouraged that we've been able to work together on this
legislation, demonstrating our shared commitment to serve American
workers and taxpayers.
I urge my colleagues to support the Federal Workers' Compensation
Modernization and Improvement Act.
I yield back the balance of my time.
Mr. KLINE. Mr. Speaker, I am pleased to offer the following Managers'
Joint Statement of Legislative Intent on H.R. 2465, the Federal
Workers' Compensation Modernization and Improvement Act, which I also
offer on behalf of the Senior Democratic Member of the Committee on
Education and the Workforce, Mr. George Miller (D-CA), and the Chairman
and Senior Democratic Member of the Committee's Subcommittee on
Workforce Protections, Mr. Tim Walberg (R-MI) and Ms. Lynn Woolsey (D-
CA).
Joint Statement of Legislative Intent on H.R. 2465, the Federal
Workers' Compensation Modernization and Improvement Act
Purpose
H.R. 2465 amends the Federal Employees' Compensation Act
(FECA), 5 U.S.C. Sec. Sec. 8101 et seq., the federal statute
providing workers' compensation benefits to federal employees
who become injured or ill due to a work-related activity. As
further discussed below in the Joint Statement of Legislative
Intent, the bill enhances the efficiency of the FECA program,
which is administered by the Department of Labor's (DOL)
Office of Workers' Compensation Programs (OWCP); improves the
integrity of the FECA program; and modernizes two FECA
benefit levels that have not been adjusted for inflation in
over six decades.
Committee Action
On May 12, 2011, the Committee on Education and the
Workforce, Subcommittee on Workforce Protections, held a
hearing entitled, ``Reviewing Workers' Compensation for
Federal Employees.'' The purpose of the hearing was to review
the current state of the FECA program and discuss ways to
improve and modernize FECA. Testifying before the
subcommittee were: Mr. Scott Szymendera, Congressional
Research Service, U.S. Library of Congress, Washington, D.C.;
Mr. Daniel Bertoni, Director of Education, Workforce, and
Income Security, U.S. Government Accountability Office,
Washington, D.C.; Mr. Gary Steinberg, Acting Director, Office
of Workers' Compensation Programs, U.S. Department of Labor,
Washington, D.C.; Ms. Susan Carney, Director, Human Relations
Department, American Postal Workers Union, Washington, D.C.;
and Mr. Elliot Lewis, Assistant Inspector General for Audit,
Office of Inspector General, U.S. Department of Labor,
Washington, D.C. Testimony for the record was submitted by
the National Treasury Employees Union, the American
Federation of Government Employees, AFL-CIO, and the National
Active and Retired Federal Employees Association.
On July 8, 2011, I introduced H.R. 2465, along with
cosponsors Reps. Miller, Walberg,
[[Page H7913]]
and Woolsey. The Committee on Education and the Workforce
considered H.R. 2465 in legislative session on July 13, 2011,
and ordered the bill favorably reported to the House of
Representatives by voice vote. There were no amendments.
The committee received letters of support for H.R. 2465
from the following organizations: the American Academy of
Physician Assistants, the American Association of Nurse
Anesthetists, the American College of Nurse-Midwives, the
American College of Occupational and Environmental Medicine,
the American Nurses Association, the American Postal Workers
Union, the Federal Law Enforcement Officers Association, the
National Active and Retired Federal Employees Association,
the National Treasury Employees Union, the American
Federation of Government Employees, the Workers' Injury Law &
Advocacy Group, the National Association of Clinical Nurse
Specialists, and the National Association of Letter Carriers.
H.R. 2465 represents the committee's initial consideration
of reforms to FECA. The committee concluded the FECA reform
package advocated by DOL lacked sufficient information to
consider the impact of DOL's wider reforms. The DOL Inspector
General testified before the committee on May 12, 2011, that
before changes to the benefit structure are considered,
``careful consideration is needed to ensure that the percent
of benefits ultimately established will have the desired
effect while ensuring fairness to injured workers, especially
those who have been determined to be permanently impaired and
thus unable to return to work.'' The May 12 hearing showed
that DOL's reforms could have unintended adverse consequences
and highlighted that further assessment would be needed. To
that end, on July 8, 2011, the four sponsors of this
legislation asked the Government Accountability Office (GAO)
to evaluate the consequences of administration proposals to:
modify FECA related to benefit levels when permanently
injured employees reach social security retirement age;
reduce benefit levels for individuals with dependents; and
establish a three-day waiting period before FECA benefits can
begin. GAO findings will inform further consideration of FECA
program changes.
Joint Statement of Legislative Intent
Section 2. Physician Assistants and Advanced Practice Nurses.
Section 2 amends FECA Sec. Sec. 8101(3) (definition of
``medical, surgical, and hospital services and supplies'') to
provide that the definition of ``medical services'' under
FECA may include ``treatment by a physician assistant or
advanced practice nurse, such as a nurse practitioner, within
the scope of the practice as defined by state law, consistent
with regulations prescribed by the Secretary of Labor.''
Section 2 amends FECA Sec. 8103 (medical services and
initial medical and other benefits) to provide explicitly
that a ``physician assistant or advanced practice nurse, such
as a nurse practitioner,'' may provide ``medical services''
under FECA ``within the scope of their practice as defined by
state law, consistent with regulations prescribed by the
Secretary of Labor.''
Section 2 amends FECA Sec. 8121(6) (certification of
claims) to authorize a ``physician assistant or advanced
practice nurse, such as a nurse practitioner, within the
scope of their practice as defined by state law,'' to certify
a traumatic injury and the probable extent of related
disability during the 45-day continuation of pay period
covered by section 8118, in a manner consistent with
regulations prescribed by the Secretary of Labor.
Expanding services provided by physician assistants and
advanced practice nurses improves program efficiency by
allowing injured federal workers to utilize local clinics or
other health service providers in which only a physician
assistant or advanced practice nurse is on site; expanding
the number of providers eligible to provide certification of
injury and the probable extent of disability for traumatic
injuries with respect to claims for continuation of pay; and
expanding eligible medical services providers, which is of
particular benefit to those in rural areas and zones of armed
conflict. The term ``advanced practice nurse'' may include,
but is not limited to, nurse anesthetists, nurse
practitioners, clinical nurse specialists, nurse midwives,
and nurse psychotherapists, within the scope of their
practice as defined by state law.
Section 3. Covering Terrorism Injuries.
Section 3 amends FECA Sec. 8102(b) (compensation for
disability or death of employee) to provide that a disability
or death as a result of ``an attack by a terrorist or
terrorist organization, either known or unknown,'' is
``deemed to have resulted from personal injury sustained
while in the performance of duty,'' under FECA's ``war-risk
hazard'' provision. This codifies current OWCP practice of
covering such disabilities or deaths as ``war-risk hazards.''
Section 4. Disfigurement.
Section 4 amends FECA Sec. 8107(c)(21) (compensation
schedule for scheduled awards) to increase the maximum amount
payable for ``serious disfigurement of the face, head, or
neck'' from $3,500 to $50,000. This amount has not been
increased since 1949. The maximum will be adjusted for
inflation on March 1 of each year in accordance with FECA
Sec. 8146a (cost-of-living adjustment of compensation).
Section 4 eliminates the current statutory requirement that
disfigurement must be ``of a character likely to handicap an
individual in securing or maintaining employment.'' Rather,
pursuant to Section 4, scheduled awards will be made solely
in proportion to the severity of the disfigurement, as
determined by the Secretary of Labor.
Section 4 will apply to injuries occurring in the 3-year
period prior to the date of enactment and for which the
Secretary of Labor has not made a compensation determination
on disfigurement, or for injuries which occur on or after the
date of enactment.
Section 5. Social Security Earnings Information.
Section 5 amends FECA Sec. 8116 by adding a new subsection
(e) authorizing the Secretary of Labor to require FECA
claimants, as a condition of receiving FECA benefits, to
authorize the Social Security Administration (SSA) to release
earnings information to DOL. The purpose of this provision is
to enable DOL to discover instances in which claimants are
not disclosing earnings information to DOL as they are
required to under FECA.
The FECA statute anticipates that the Secretary of Labor
will require FECA claimants to submit reports of earnings,
and further states that a claimant who fails to submit such a
report or knowingly omits such earnings forfeits entitlement
to compensation under FECA for the period covered by that
report. However, the statute currently contains no mechanism
whereby DOL can cross-check such reports with claimants' SSA
earnings. Receipt of FECA benefits for total disability, when
a claimant is, in fact, earning a wage, is antithetical to
one of the statute's fundamental purposes.
Section 5 will permit DOL to obtain individual earnings
reports from SSA, which are needed to verify whether
individual FECA claimants have earnings not reported to DOL.
Section 5 will also permit DOL and SSA to conduct computer
matches between a list of claimants produced by DOL by
allowing DOL to provide SSA with such a list and a
certification that each of the claimants on the list has
consented to the release of SSA earnings information by
virtue of and as part of his or her application for FECA
benefits. This will conserve scarce DOL resources by avoiding
the need to obtain from the claimant and provide to SSA
individual consent forms. Ultimately, Section 5 will increase
the ability of DOL to detect unreported earnings by FECA
claimants.
Section 6. Continuation of Pay in a Zone of Armed Conflict.
Section 6 amends FECA Sec. 8118 (continuation of pay) to
provide continuation of pay for wage loss due to traumatic
injury in performance of duty in a designated zone of armed
conflict, as defined in this Section, for a period not to
exceed 135 days, so long as the employee files a claim for
such benefit no longer than 45 days after terminating service
in the zone of armed conflict or the employee's return to the
United States, whichever occurs later.
Section 7. Subrogation of Continuation of Pay.
Section 7 amends FECA Sec. Sec. 8131 (subrogation) and 8132
(adjustment after recovery from third party) to authorize the
United States to recover continuation of pay benefits
received under FECA Sec. 8118, if such damages were paid to a
FECA beneficiary by a third party (other than the United
States), subject to the existing formula in FECA. This right
to recover continuation of pay is in addition to the existing
right of the government to secure reimbursement of
compensation benefits.
Section 8. Funeral Expenses.
Section 8 amends FECA Sec. 8134 (funeral expenses) to
increase the amount payable for funeral expenses for deaths
occurring on or after the date of enactment from the current
$800 to $6,000. This amount has not been increased since
1949. The maximum will be adjusted for inflation on March 1
of each year in accordance with FECA Sec. 8146a (cost-of-
living adjustment of compensation).
Section 9. Employees' Compensation Fund.
Section 9 amends FECA Sec. 8147 to allow for administrative
expenses for appropriated fund agencies to be paid out of the
Employees' Compensation Fund and for a pro-rata share of
administrative expenses to be included in agencies' annual
chargeback. Currently, DOL charges non-appropriated fund
agencies, such as the U.S. Postal Service, for administrative
costs on a pro rata basis, while the administrative expenses
for all other agencies are appropriated on an annual basis to
DOL. This provision will have no net effect on the budget of
the federal government.
Section 10. Conforming Amendment.
Section 10 amends FECA Sec. 8101(1) (definition of
``employee'') to update the law to acknowledge that on May 3,
1979, District of Columbia employees became covered under the
District of Columbia Government Comprehensive Merit Personnel
Act of 1978, D.C. Law 2-139; D.C. Official Code Sec. 1-
601.01, et seq., instead of FECA.
Section 11. Effective Date.
This section provides that unless specified otherwise in
the Federal Workers' Compensation Modernization and
Improvement Act, the effective date of this Act is 60 days
after the date of enactment.
CBO Cost Estimate
The Congressional Budget Office estimates that enacting
these changes would reduce net direct spending by $22 million
over the 2012-2021 period, including $6 million in on-
[[Page H7914]]
budget savings and $16 million in off-budget savings (to the
U.S. Postal Service).
Over the 10 year period there would be a very slight
decrease in spending subject to appropriation (<$500,000).
Mr. CONNOLLY of Virginia. Mr. Speaker, I want to recognize Chairman
Kline, Ranking Member Miller, Chairman Walberg, and Ranking Member
Woolsey for their collaboration on this important legislation to update
federal workers' compensation policy. The Federal Workers' Compensation
Modernization and Improvement Act is a result of bipartisan
collaboration on the Education and Workforce Committee, and it is the
kind of legislation Congress should produce more often. It will save
$22 million for the federal government by reducing fraudulent payments,
including $16 million for the Postal Service.
The Federal Workers' Compensation Modernization and Improvement Act
provides a long overdue update of the Federal Employees Compensation
Act (FECA). The Federal Employees Compensation Act is important because
it provides workers who are injured on the job with replacement income
to substitute for wages that they would have earned but for an on-the-
job injury. Consider how outdated the statute is today: Workers whose
face or head is severely disfigured by an on-the-job injury only can
receive $3,500 in compensation today, based on an antiquated formula
established in 1949. Clearly, $3,500 cannot compensate for lost
earnings potential as a result of severe head and face injuries, so
this bill updates it to $50,000. This legislation also updates the
definition of war-related injuries to include terrorist attacks, a
commonsense reform to reflect new realities. It also contains new
reforms to prevent disability fraud by facilitating income checks by
the Department of Labor and Social Security Administration. These
improvements will help ensure that federal disability payments only go
to injured workers, not perpetrators of fraud.
The leadership of the Education and Workforce Committee deserves
credit for drafting this legislation in a thoughtful, collaborative
process. The Congressional Budget Office notes that this legislation
will reduce total disability payments, but it will do so in a fair and
humane manner. That is why a wide range of federal employee groups
including postal unions, NTEU and NARFE have endorsed this bill. The
legislation before us demonstrates that we can save money in
collaboration with public employees rather than using them as a
scapegoat for budgetary challenges.
This bill's timing is propitious, because the Oversight and
Government Reform Committee, of which I am a member, has reported a
divisive, partisan bill which also would change workers' compensation
policy. Unfortunately, that legislation (H.R. 2309) was written in a
secretive, partisan manner and enjoys none of the bipartisan support
that the Federal Workers' Compensation Modernization and Improvement
Act does. When we marked up H.R. 2309 in subcommittee and full
committee, some members noted that it intruded on the jurisdiction of
the Education and Workforce Committee. Incredibly, the Committee
Chairman ignored the ruling of the Parliamentarian and included a non-
germane provision on FECA changes in the Subcommittee mark. Not
surprisingly, federal employee organizations condemned the harsh
proposals in H.R. 2309.
Their criticisms were appropriate, as H.R. 2309 contains provisions
of appalling cruelty. It would terminate workers compensation payments
in a mere two years and shift those workers to retirement benefits.
Remember, these are previously healthy workers who were crippled on the
job. The only reason that they cannot support themselves is an on-the-
job injury, yet H.R. 2309 would terminate those worker compensation
payments and make them try to survive on small annuity payments. These
annuity payments would often be insufficient to survive because the
affected worker would have been injured on the job before he had time
to finish his career and accrue an adequate retirement savings.
Fortunately, the Education and Workforce Committee chose a
thoughtful, collaborative process which saves money and protects
workers rights rather than producing the secretive, partisan, and cruel
workers compensation provisions in H.R. 2309. I applaud their
leadership on this important legislation and urge my colleagues to
support the Federal Workers' Compensation Modernization and Improvement
Act.
Mr. GEORGE MILLER of California. Mr. Speaker, I rise in support of
the Federal Workers' Compensation Modernization and Improvement Act.
This bill reflects an initial step to modernize and reform the Federal
Employees Compensation Act (FECA).
FECA has provided workers' compensation benefits to federal civilian
workers injured or killed on the job since 1916.
Administered by the Labor Department, FECA provides workers'
compensation coverage to over 2.7 million civilian federal and postal
employees.
The law covers FBI agents shot in the line of duty, guards wounded in
facilities operated by the Bureau of Prisons, and federal firefighters
risking their lives to protect lives and property. It also covers
Members of this body and their staff.
For example, following the January 8th tragic shooting in Tucson,
Arizona, which killed 6 and injured 13, Congresswoman Gabby Giffords
began receiving medical care and intensive rehabilitation services
covered by FECA. This law also covers her staff.
As we examined reforms, the Committee was guided by three key
principles embedded in the law:
First, workers and their families should be no better off, and no
worse off, than if the worker had not been injured.
Second, all federal civilian workers, regardless of the branch of
government in which they are employed, should be covered under the same
benefit structure.
Finally, workers are entitled to be fairly compensated in a timely
manner, with benefits administered in a non-adversarial manner.
As the committee worked in a bipartisan manner to update the law,
there were immediate areas of agreement. Specifically,
This bill increases maximum benefits for funeral expenses and facial
disfigurement, both of which haven't been raised since 1949.
H.R. 2465 clarifies that injuries caused by acts of terrorism are
covered.
The bill expands the pool of medical providers and expands their
authority to certify traumatic injuries for purposes of authorizing
claims for continuation of pay. The added providers include physician
assistants and advanced practice nurses, such as nurse practitioners,
consistent with the scope of practice authorized by state law.
The bill includes program integrity improvements that were
recommended by the Department of Labor's Inspector General and the
Government Accountability Office. For example, the Department of Labor
will have authority to access a claimant's Social Security earnings
information to track whether the claimant is receiving prohibited
payments.
The bill addresses the difficulty in filing workers' compensation
claims for federal employees injured in ``zones of armed conflict'' by
extending ``continuation of pay'' for traumatic injury from 45 days to
135 days.
The Committee received other reform proposals from the Department of
Labor at a May 12, 2011 Subcommittee hearing, but there was
insufficient evidence to support adoption of these changes, and the
hearing revealed that further detailed study was needed to ensure there
were not unintended effects.
We note with some concern that the Senate has reported legislation
modeled after the Department of Labor's proposal which would reduce
benefits for permanently injured workers with dependents, cut benefits
for permanently injured workers when they reach retirement age, and
slash benefits for survivors of workers killed on the job.
As previously mentioned, workers and their families should be no
better off, nor worse off, because of a disabling injury or death
caused by while in service to the federal government. Members of
Congress must be assured that reform proposals do not lead to
inequitable outcomes, particularly in light of the fact that FECA is an
exclusive remedy.
To assess the impact of DOL's other proposals, the Education and
Workforce Committee has agreed on a bipartisan basis to ask GAO to
evaluate the Administration's additional proposed reforms. This
approach is consistent with the recommendation of the Inspector
General, who has urged careful consideration before Congress changes
the structure of benefits to ensure that injured workers are treated
fairly. Before Congress acts, it is important that we take great care
to ensure that further reforms are fair to taxpayers and injured
workers.
Once GAO completes its work, we will analyze their findings. At that
time I believe we should also examine whether Congress can generate
savings from measures to further reduce work-related injuries and
illnesses and to better facilitate the re-employment of injured
workers.
I am encouraged we have advanced bipartisan bill to improve the
program and deliver savings to taxpayers and the Postal Service.
I want to thank Chairman Kline, Chairman Walberg, Senior Democratic
Member Woolsey for their cooperation and efforts in developing this
legislation.
Attached to this statement are letters of support for this bill from
the Federal Law Enforcement Officers Association, the National Treasury
Employees Union, the American College of Occupational and Environmental
Medicine, the National Association of Letter Carriers, and the Workers'
Injury Law and Advocacy Group.
[[Page H7915]]
Federal Law Enforcement
Officers Association,
Washington, DC, July 18, 2011.
Hon. John Kline,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Hon. George Miller,
Ranking Member, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Mr. Chairman and Ranking Member Miller: I am writing
on behalf of the 26,000 members of the Federal Law
Enforcement Officers Association (FLEOA), to express our
support for H.R. 2465, the ``Federal Workers' Compensation
Modernization and Improvement Act.'' Our organization, has
long worked to address major flaws with the Federal
Employees' Compensation Act (FECA) system, and we appreciate
your efforts to advance these common sense reforms.
On July 21, 2010, I testified before the House Subcommittee
on the Federal Workforce and highlighted situations in which
federal law enforcement officers injured in the line of duty
were made worse by the FECA-Office of Workers' Compensation
Program (OWCP) system. One of those officers--Special Agent
Mike Vaiani, who was injured in the September 11th terrorist
attacks in New York City--summed it up best: ``I would rather
run back into the tower while it's on fire than have to deal
with the Department of Labor.'' To their credit, after the
hearing both the Directors of the Federal Employees
Compensation Program and OWCP met with FLEOA and agreed to
establish traumatic care nurses for law enforcement injuries
and a law enforcement officer Ombudsman in each OWCP
district.
Despite this positive development more work is still
needed, and FLEOA applauds this legislation which the
Education and the Workforce Committee unanimously approved
last week. This bill is a positive step towards addressing
many of the underlying issues with FECA that prevent injured
federal law enforcement officers from receiving responsive
care. Specifically, FLEOA fully supports the ability to allow
physician assistants or advanced practice nurses to provide
certifications of traumatic injury and related disability;
the extension of compensation for death and disability for
individuals employed outside the United States to include
death or disability caused by terrorist attack; and providing
additional compensation for funeral expenses and for injuries
that lead to facial disfigurement.
Further, FLEOA fully supports the provisions of your bill
to extend continuation of pay (COP) for traumatic injuries
sustained in a ``Zone of Armed Conflict'' to 135 days. On
this particular point, FLEOA has long advocated for
increasing the COP time frame. For those officers assaulted
by a suspect, exposed to a toxic substance, or shot or
stabbed, or involved in an explosive blast while enforcing
the law, this time frame would better allow for a proper
evaluation to determine if a return to work will be possible.
We would therefore request that due to the often traumatic
nature of the injuries incurred, that you consider including
all Federal law enforcement officers under this extended COP
period.
On behalf of the membership of the Federal Law Enforcement
Officers Association, thank you for your efforts on this
important legislation and for taking the steps to bring these
long overdue reforms to FECA. Our organization stands ready
to work with the Committee on further common sense reforms
and to include federal law enforcement officers in the
extended COP provision of this bill.
Sincerely,
Jon Adler,
National President.
____
The National Treasury
Employees Union,
Washington, DC, July 19, 2011.
Hon. John P. Kline, Chairman,
Hon. George Miller, Ranking Member,
Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Dear Chairman Kline and Ranking Member Miller: One of the
most important programs for federal workers is the Federal
Employees Compensation Act (FECA). This program provides
federal employees with workers' compensation coverage for
injuries and diseases sustained while performing their
duties. The program seeks to provide adequate benefits to
injured federal workers while at the same time limiting the
government's liability strictly to workers' compensation
payments. Payments are to be prompt and predetermined to
provide benefits while relieving employees and agencies from
uncertainty over the outcome of court cases and to eliminate
costly litigation. It was 100 years ago this year that the
State of Wisconsin enacted the first Workers' Compensation
law. Five years later, federal employees were covered by the
passage of the Kern-McGillicuddy Act (FECA). Workers'
compensation is America's oldest social insurance program and
one that is invaluable for covered workers.
The National Treasury Employees Union (NTEU), which
represents 150,000 federal employees in 31 different
agencies, is pleased the committee has reported H.R. 2465, a
bipartisan bill to make certain improvements, reforms,
efficiencies, and modernizations of the program. NTEU hopes
the House will give speedy and favorable consideration to
this legislation. We are urging all House members to vote
``YES'' on this bipartisan bill.
The bill makes several benefit improvements. It would
increase the amount payable for funeral expenses to a maximum
of $6,000 and index it to inflation for the future.
Currently, the benefit is $800, the same amount it has been
since 1949. It would increase the maximum award for severe
disfigurement of the face, head, or neck from $3,500 to
$50,000. This amount also has not been increased since 1949
and like funeral expenses, the bill would index it to
inflation. It eliminates a provision in current law that
limits benefits for facial disfigurement to only those who
directly deal with the public as part of their job. This is a
very harsh provision that should have been repealed long ago.
The bill gives certain health care professionals such as
physician assistants and nurse practitioners greater ability
to treat and certify disabled employees under FECA. This has
been a particular concern for federal employees in rural
areas and working in war zones where they do not have the
access to medical doctors.
The waste of funds through fraud or abuse is neither in the
interest of taxpayers nor of labor unions such as NTEU who
advocate for legitimate FECA claimants. That is why I
suggested to the committee that it include a provision
allowing the matching of FECA claims with Social Security
earnings information in order to detect fraud. NTEU thanks
the committee members for the inclusion of this provision in
the bill.
NTEU appreciates the bipartisan committee leadership in
advancing this bill, and I thank you for your consideration
of our views in this process.
Sincerely,
Colleen M. Kelley,
National President.
____
American College of Occupational and Environmental
Medicine,
August 31, 2011.
Hon. John Kline,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
Hon. George Miller,
Ranking Member, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Sirs: I am writing on behalf of the American College
of Occupational and Environmental Medicine (ACOEM) to express
our support for H.R. 2465, the Federal Workers' Compensation
Modernization and Improvement Act. Specifically, we support
the provisions in the bill that update the Federal Employees
Compensation Act (FECA) to allow for reimbursement of certain
services provided by a physician assistant (PA) or nurse
practitioner (NP).
ACOEM represents more than 4,500 physicians and other
health care professionals specializing in the field of
occupational and environmental medicine (OEM). ACOEM members
are knowledgeable and capable of treating job-related
injuries and diseases, recognizing and resolving workplace
hazards, instituting rehabilitation methods, and providing
well-managed care.
Physician assistants and nurse practitioners are health
care professionals licensed to practice medicine with
physician supervision and are an integral part of the
occupational health team in the occupational medicine
clinics. They work with the supervising physician to provide
quality medical care to workers. While most private and
public insurance plans recognize PAs and NPs as covered
providers for purposes of reimbursement, FECA does not.
Medical care provided by the PA or NP is not included in
FECA's definition of ``medical, surgical, and hospital
services and supplies,'' and claims signed by a NP or PA are
denied. Unnecessary restrictions on the ability of PAs and
NPs to diagnose and treat injuries and diseases within the
scope of their practice, as defined by state law, limits the
ability of the occupational medicine clinic to provide access
to care in a timely and efficient manner. Those instances
where direct physician supervision may be necessary, such as
a complex medical issue, can be addressed in the regulations
to be prescribed by the Secretary of Labor.
Thank you for your consideration of our comments on H.R.
2465.
Sincerely,
T. Warner Hudson,
President.
____
Workers' Injury Law
and Advocacy Group,
July 20, 2011.
John Kline,
Chairman, Committee on Education and the Workforce, House of
Representatives, Washington, DC.
George Miller,
Ranking Member, Committee on Education and the Workforce,
House of Representatives, Washington, DC.
Dear Chairman Kline and Ranking Member Miller: The Workers'
Injury Law and Advocacy Group (WILG) is writing in support of
the enactment of H.R. 2465, the Federal Workers' Compensation
Modernization and Improvement Act, a bill that will modernize
and reform a federal program that has not been significantly
updated in 40 years.
The bill would provide improved protection for federal
workers by updating benefit levels and insuring the use of
best practices in medical treatment, while at the same time,
adopting proposals that will promote more efficient use of
federal dollars.
[[Page H7916]]
We also support the committee's decision to defer action on
more controversial measures until the GAO conduct-het a
comprehensive review of those proposals.
We thank you again for your leadership on this issue and
your efforts to protect the rights of injured federal
employees.
Sincerely,
Andrew J. Reinhardt,
President.
Jennifer L. Comer,
Executive Director.
____
National Association of
Letter Carriers,
Washington, DC, November 22, 2011.
Committee on Education and the Workforce,
House of Representatives,
Washington, DC.
Dear Chairman Kline and Ranking Member Miller: I write on
behalf of the nearly 300,000 members of the National
Association of Letter Carriers (NALC) to express our support
for the Federal Workers' Compensation Modernization and
Improvement Act of 2011 (H.R. 2465) as the House considers
this bill in the coming weeks.
This bipartisan legislation makes several sensible benefit
improvements to the Federal Employees' Compensation Act
(FECA), while maintaining the basic benefits paid to
employees who suffer a debilitating injury or illness as a
result of their public service. The bill would increase the
amount payable for funeral expenses from $800 to a more
reasonable $6,000. It also increases the maximum compensation
to employees for serious disfigurement of the head, neck or
face to $50,000 from a long-outdated $3,500.
H.R. 2465 is a positive step towards fully addressing the
many underlying issues with FECA. We would like to express
our appreciation for your concern demonstrated towards
federal and postal workers injured on the job in drafting
this bill. Our organization urges the House to give speedy
and favorable consideration to this bill, and is prepared to
work with the committee on further common-sense FECA reforms.
Sincerely,
Fredric V. Rolando,
President.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Michigan (Mr. Walberg) that the House suspend the rules
and pass the bill, H.R. 2465, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
____________________