[Congressional Record (Bound Edition), Volume 157 (2011), Part 13]
[House]
[Pages 18236-18243]
[From the U.S. 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''.

     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));

[[Page 18237]]

       ``(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.


                             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.
  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.

[[Page 18238]]

  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.

  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

[[Page 18239]]

     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 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

[[Page 18240]]

     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, 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

[[Page 18241]]

     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- 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

[[Page 18242]]

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.
                                           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

[[Page 18243]]

     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.
       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.

                          ____________________