Date: 2011-11-29
Speaker: GEORGE MILLER (democrat)
Chamber: H
State: 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 nonadversarial 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 havent 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 Labors Inspector General and the Government Accountability Office. For example. the Department of Labor will have authority to access a claimants 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 Labors 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 DOLs other proposals. the Education and Workforce Committee has agreed on a bipartisan basis to ask GAO to evaluate the Administrations 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 workrelated injuries and illnesses and to better facilitate the reemployment 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.