FEDERAL EMPLOYEES COMPENSATION AMENDMENTS

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000500300003-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 16
• Document Creation Date: December 9, 2016
• Document Release Date: August 24, 2001
• Sequence Number: 3
• Publication Date: May 7, 1974
• Content Type: OPEN

ay
Perwinski
DeVille
Dingell
I)onolaue '
Downing
Drinan
Dulski
1974 Apikoved FithdafttRigggilM29RICOMFDRigintlfSbR00003000 H 3639
Kyros
Lagomarsino
Landrum
Latta
Leggett
Lehman
Lent
Duncan 'Litton
du Pant Long, La.
'Eckhardt Long, Md.
Edwards, Ala. Luken
Edwards, Calif. McCiory
Eilberg McCloskey
Erienborn McCollister
Esch McCormack
Eshleman McDade
Evins, Tenn. McEweir
Fascell
Findley
Fish
Fisher
Flood
Foley
Ford
Forsythe
Fountain
Fraser
Frenzel
Frey
Froehlich
Fulton
Fuqua,
Gaydos
Gettys
Malmo
Gibbons
Oilman
Ginn
Goldwater
Gonzalez
Grasso
Gray
Green, Pa.
Grover
Gude
Gunter
Guyer
Hamilton
Hammer-
schmidt
Hanley
Hanna
Hanrahan Murtha
Hansen, Idaho Myers
Hansen, Wash, Hatcher
Harrington Nedzi
Harsha Nelsen
Hastings Obey
HaWitins O'Brien
nays O'Hara
Healer, W. Va. O'Neill
Heckler, Mass. Owens
Heinz Parris
Henderson Passtnan
Hicks
Hillis
Hinshaw
Hogan
HolifLeld
Holt
Holtzman.
Hosmer
Howard
Hudnut
Hungate
Hunt
Ichord
Jarman
Johnson, Calif.
Jones, Okla.
Jones, Tenn.
Jordan
Mirth
astenmeler
/Wen
Kerrip
Ketchum
King
Kluczyn
Koch
Kuyken
McFall
McKinney
McSpadden
Madden
Madigan
Mallary
Mann
Maraziti
Martin, Nebr.
Martin, N.C.
Mathias, Calif.
Matsunagii
Mazzoli ,
Meeds
lVfelcher
Metcalfe
Mezvinsky
Michel
Milford
Miller
Mills
Minish
Mink
Mitchell, Md.
Mitchell, N.Y.
Mizell
Moakley
Mollohan
Mobrhead,
Calif.
Moorhead, Pa.
Mosher
Moss -
Murphy, /11.
Murphy, N.Y.
Patten
Pepper
Perkins
Pettis
Peyser
Pike
Podia
Pow Ohio
Prey
Fri
Pr! Tex.
Pr ard
len
tieback
ri dell
angel
ees
egula
Rends
Rhodes
Riegle
Rinaldo
Roberts
Robison, N.Y.
Rodino
Roe
NAYS-38
Bowe Gubser
Burge , Tex. Hibert -
Camp ubet
Case ex. Hutchinson
Coc n Landgrebe
Cra Lott
Da 1, pan McKay
De Is ? Mahon
infon Mathis, Ga.
E Colo. Mayne
nt Minshall, Ohio
?cuing Montgomery
areas Nichols
Rogers
Roncalio, Wyo.
Rooney, Pa.
Rosenthal
Rostenkowski
Roush
Roy
Roybal
Ruppe
Ruth
Ryan
St Germain
Sarasin
Sarbanes
ScherIe
Schneebeli
Schroedet
Sebelius
Seiberling
Shipley
Shoup
Shriver
Shuster
Sikes
Skubitz
Slack
Smith, Iowa
Snyder
Spence
Staggers
Stanton,
J. William
Stark
Steed
Steele
Steelman
Steiger, Wis.
Stratton
Stuckey
Studds
Sullivan
Symington
Talcott
Taylor, N.0
Teague
Thompso .J.
Thomso s.
Thone
Thorn
Tiern
TOW as'.
Tra
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In n
V eerlin
der Jagt
der Veen
Silk
eysey
igorito
Waggonner
Waldie
Walsh
Wampler
Ware
Whalen
White
Whitehurst
Widnall
Wiggins
Williams
Wilson, Bob
Wilson,
Charles, Tex.
Winn
Wolff
Wright
Wyatt
Wylie
Wyman
Yates
Yatron
Young, Alaska
Young, Fla.
Young, Ga.
Young, Ill.
Young, S.C.
Young, TeL
Zablocki
Zion
Poage
Ratick
Robinson, Va.
Rousselet
Runnels
Satterfield
Smith, N.Y.
Steiger, Ariz.
Symms
Taylor., Mo,
Whitten
Zwach
NOT VOTING-36
Alexander
Blatnik
Carey, N.Y.
Carney, Ohio
Diggs
Dorn
Flowers
Frelinghuysen
Green, Oreg.
Griffiths
Haley
Helstoski
Horton
Johnson, Colo,
Johnson, Pa,
Jones, Ala.
Jones, N.C.
Lujan
Macdonald
Morgah
Nix
Patin an
Pickle
Reid
Roncall Y.
Roone
Rose
San
SIB
St n.
mes V.
phens
okes
tubblefle1d
Preen
Wilson,
Charles if.,
Calif.
Wydler
So -(two-thirds ving voted in favor
thereof) the were suspended and
the bill as am d was passed.
The Clerk nounced the following
pairs:
Mr. Morga th Mr. Flowers.
Mr. Roo of New York with Mr. Jones
of Alaba
Mr. J V. Stanton with Mr. Jones of
North lina.
Mr. donald with Mr. Patman.
Mr rney of Ohio with Mr. Charles H.
Wil of California.
aley with Mr. Roncallo of New York.
. Nix with Mr. Helstoski.
. Diggs with Mr. Reid.
. Carey of New York with Mr.
elinghuysen.
Mr. Blatnik with Mr. Stokes.
Mr. Alexander with Mr. Johnson of Penn-
sylvania.
Mr. Dorn with Mr. Lujan.
Mr. Pickle with Mr. Sandman.
Mr. Sisk with Mr. Horton.
Mr. Rose with Mr. Wydler.
Mr. Stephens with Mr. Treen.
Mrs. Green of Oregon with Mr. Stubble-
field.
The result of the vote was announced
as above recorded.
A motion to reconsider was laid on
the table.
GENERAL LEAVE
Mr. PERKINS. Mr. Speaker, I ask
unanimous consent that all Members
may have 5 legislative days in which to
revise and extend their remarks on the
bill (H.R. 14354) just passed.
The SPEAKER. Is there objection to
the request of the gentleman from
Kentucky?
There was no objection.
PRESIDENT
ruitA. :urther message in writing from the
President of the United States was com-
municated to the House by Mr. Heiting,
one of his secretaries.
teTHER MESSAGE FROM THE
FEDERAL EMPLOYEES COMPENSA-
TION AMENDMENTS
Mr. DOMINICK V. DANIELS. Mr.
Speaker, I move to suspend the rules and
pass the bill (H.R. 13871) to amend
chapter 81 of subpart G of title 5, United
States Code, relating to compensation
for work injuries, and for other purposes.
The Clerk read as follows:
H.R. 13871
Be it enacted by the Senate and House of
Representatives of the United States of
America in Congress assembled, That (a)
section 8101(2) of title 5, United States Code
(hereinafter referred to as the "Act") , is
amended by inserting ", podiatrists." after
"surgeons".
(b) Section 8101(3) of the Act is amended
by inserting "podiatrists," after "supplies
by".
"(11) 'widower' means the husband liv-
ing with or dependent for support on the
decedent at the time of her death, or liv-
ing apart for reasonable cause or because of
her desertion; ".
(c) Section 8101(11) of the Act is amended
to read as follows:
"(11) 'widower' means the husband living
with or dependent for support on the de-
cedent at the time of her death, or living
apart for reasonable cause or because of her
desertion;".
(d) Section 8101 of the Act is amended
by adding at the end thereof the following
new paragraphs:
"(20) 'organ' means a part of the body that
performs a special function, and for purposes
of this subchapter excludes the brain, heart,
and back.
"(21) 'United States medical officers and
hospitals' includes medical officers and hos-
pitals of the Army, Navy, Air Force, Vet-
erans' Administration, and United States
Public Health Service, and any other medical
officer or hospital designated as a United
States medical officer or hospital by the Sec-
retary of Labor."
Sac. 2. Section 8103(a) (3) of the Act is
amended to read as follows:
"(3) by or on the order of United States
medical officers and hospitals, or, at the
employee's option, by or on order of phy-
sicians and hospitals designated or approved
by the Secretary.
The employee may initially select a physician
to provide medical services, appliances, and
supplies,, in accordance with such regula-
tions and instructions as the Secretary con-
siders necessary, and may be furnished neces-
sary and reasonable transportation and ex-
penses incident to the securing of such serv-
ices, appliances, and supplies. These ex-
penses, when authorized or approved by the
Secretary, shall be paid from the Em-
ployees' Compensation Fund."
SEC. 3. Section 8104 of the Act is amended
by inserting "(a)" before "The" at the
beginning thereof, and adding at the end
?thereof the following new subsection:
" (b) Notwithstanding section 8106, indi-
viduals directed to undergo vocational re-
habilitation by the Secretary shall, while un-
dergoing such rehabilitation, receive com-
pensation at the rate provided in sections
8105 and 8110 of this title, less the amount
of any earnings received from remunerative
employment, other than employment under-
taken pursuant to such rehabilitation."
SEC. 4. Section 8107(a) of the Act is
amended to read as follows:
"(a) If there is permanent disability in-
volving the loss, or loss of use, of a member or
function of the body or involving disfigure-
ment, the employee is entitled to basic com-
pensation for the disability, as provided by
the schedule in subsection (c) of this section,
at the rate of 66% percent of his monthly
pay. The basic compensation is?
" (1 ) payable regardless of whether the
cause of the disability originates in a part of
the body other than that member;
"(2) payable regardless of whether the dis-
ability also involves another impairment of
the body; and
"(3) in addition to compensation for tem-
porary total or temporary partial disability."
SEC. 5. Section 8107(c) of the Act is
amended by adding at the end thereof the
folowing new subparagraph:
"(22) For permanent loss or loss of use of
any important external or internal organ of
the body as determined by the Secretary,
proper and equitable compensation not to
exceed 312 weeks' compensation for each
organ so determined shall be paid in addi-
tion to any other compensation payable
under this schedule."
SEC. 6. Section 8110(a) (2) of the Act IS
amended to read as follows:
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"(2) a husband, II?
"(A) he Is a member: of the same house-
hold as the employee;
"(B) he is receiving regular contributions
from the employee for his support; or
"(C) the employee has been ordered by a
-remit to contribute to his support;".
SEC. 7. (a) Section 8111(a) of the Act
is amended by striking out "1,300" and Ira:sell-
ing in Hen thereof "$1500".
(b) Section 8111(b) of the Act is amended
by striking out "$100" and inserting "$200"?
SEC. 8. (a) Section 8113 of the Act is
amended by striking out subsection (b) and
redesignating subsection (c) as subsection
(b).
(b) Section 8143(a) (2) of the Ah; is
amended by striking out the word "and' in
clause (1)? striking out the period after
clause (2) and inserting in lieu thereof a
semicolon, and by inserting the following two
clauses imeeediately after clause (2)
"(3) other benefits administered by the
ereterans Administration unless, such bene-
fits are payable for the same injury or the
same death; and
-(4) retired pay, retirement pay, retainer
pay, OT eqnivalent pay for service in the
Armed Forces or other uniformed services,
subject to the reduction of such pay in ac-
cordance with section 5532(b) cal tido 5,
United States Code."
(b) The amendment made by this section
shall be effective with respect to disability
or death occurring before or after the este
of enactment of this Act and with regard
to any election under section 8116(b) of the
Act; but no payment shall be made by
reason of such amendment for any period
prior to the date of enactment of this Act.
SEC. 10. Section 8117 of the Act Is arnen fed
by striking out "21 days" and Inserting in
lieu thereof "14 days".
SEC. 11. Section 8118 of the Act Is amended
to read as fellows:
8118. Continuation of pay; electletn to
use annual or sick leave
"(a) The 'United States shall authorize die
continuation, of pay of an employee, as de-
fined in section 8101(1) of this title (other
than those referred to in clause (B) or (8) ),
Who has filed a claim for a period of wege
loss due to a traumatic injury with his im-
mediate superior on a form approved by the
Secretary of Labor within the time speci-
fied in section 8122(a) (2) of this title.
"(b) Continuation of pay under this sub--
chapter shall be furnished--
"(1) without a break In time unless cone
treverted under regulations of the Secre-
tary;
"(2) for a period not to exceed 45 days.;
arid
"(3) under accounting procedures and
such other regulations as the Secretary may
require.
"(c) An employee may use annual or sick
leave to his =edit at the time the distablety
begins, but his compensation for disability
does not begin, and the time periods speci-
fied by section 8117 of this title do not be-
gin to run, until termination of pay as set
forth in subsections (a) and (b) or the tee
of annual or eiek leave ends."
SEC. 12. (a) Section 8119 of the Act le
amended to read as follows:
"I 8119. liotiee of injury or death
"An employee injured In the perfornaanCe
of his duty, or someone on his behalf, shall
give notice thereof. Notice of a death be--
lieved to be related to the employment shall
be given by an eligible beneficiary specified in
section 8133 of this title, or someone on his
behalf. A notice of injury or death shall?
"(a) be given within 30 days after the in-
jury or death:
"(b) be given to the immediate superior
of the employee by personal delivery or by
depositing it In the mall properly stamped
and addressed;
'(c) be in writing;
ncl) state the name and address of the
en iployee;
ne) state the year, month, day, and hour
wl.en and the particular locality where tee
in :ury or death occurred;
(f) state the cause and nature of the ie-
jury, or, in the case of death, the employ-
in. lit factors believed to be the cause; and
-(g) be signed by and contain the address
of the individual giving the notice."
b) The table of contents of chapter 81 of
the Act is amended by striking out
"8 19. Notice of injury; failure to give."
ani inserting in lieu thereof
"8-19. Notice or injury or death.".
;MC. 13. Section 812113) of the Act is
amended by steering out "furnished" arc!
inserting "approted" in lieu thereof.
1lEc. 14. Section 8122 ot the Act is amended
as follows:
1) Strike subsection (a) of section 8122
and insert in lieu thereof the following:
(a) An original claire for compensation
for disability or death must be filed within 3
yes is after the injury or death. Compensation
for disability or death, including medicel
care in disability cases, may not be allowed
If claim is not filed wattle that time unless?
' (1) the immediate superior had actual
knowledge of the Injury or death within 50
aro- s. The knowledge must be such to put the
immediate superior reasonably on notice of
an on-the-job injury or death; or
"(2) written notice of injury or death as
ape Ailed in section 8119 of this title was
given within 30 days."
(2) Strike subsection (c) of section 8122
anc insert in lieu thereof the following:
" e) The timely filing of a disability claim
bee ;use of injury will se tisfy the time re-
qui ements for a death claim based on the
sane injury."
Subsection (d) of section 8122 13
non nded by changing the reference to sub-
section " (a) -(c) " to subsections "(a) and
Co) ', by striking out the period at the end
the eof and inserting "; or", and by adding
at tee end thereof the following new clause:
" 3) run against any individual whose
inane to Comply Is excused by the Secretary
on :he ground that such tiotice could not be
given because of exceptional circumstances."
Si 'C. 15. Section 3132 of the Act is amended
to r rad as follows:
"I 8132. Adjustment after recovery from a
third person
"If an injury or death for which compen-
sation is payable under this subchapter IS
caused under circumstances =eating a legal
liability in a person other than the United
States to pay damages, and a beneficiary en-
titled to compensation from the United
States for that injury or or death receive:
money or other property in satisfaction of
that liability as a result of suit or settlement
by him or in his behalf, the beneficiary, after
deducting therefrom the costs of suit and a
reasonable attorney's fee, shall refund to the
United States the amount of compensation
paid by the United States and credit any
surplus on future paymen ?s of compensation
payable to him for the same injury. No court,
insurer, attorney, or other person shall pay
or distribute to the beneficiary or his designee
the proceeds of such suit or settlement with-
out first satisfying or assuring satisfaction
of the interest of the United States. The
amount refunded to the United States shall
be credited to the Employees' Compensation
Fume If compensation hes not been paid
to tee beneficiary, he shall credit the money
or property on compensatien payable to him
by tee United States for the same injury.
However, the beneficiary is entitled to retain,
as a minimum, at leest one-fifth of the net
amount of the money or other property re-
maining after the expenses of a suit or settle-
ment have been deducted; and in addition to
this minimunt and at the time of distribu-
tion, an amount equivalent to a reasonable
attorney's fee proportions te to the refund
to the United States."
Sac. 18 (a) Subsections ( a) and (b) of sec-
tion 8133 of the Act are amended to read as
follows:
"(a) If death results from an injury
sustained in the performence of duty, the
United States shall pay a mon thly compen-
sation equal to a percentase of the monthly
pay of the deceased ernple nee in accordance
with the following schedule :
"(1) To the widow or widcnver, if there is
no child, 50 percent.
"(2) To the- widow or .vidower, if there
is a child, 45 percent and In addition 15
percent for each child not to exceed a total
of 75 percent for the widow or widower and
children.
"(3) To the children, if there is no widow
or widower, 40 percent for one child and 15
percent additional for each additional child
not to exceed a total of 75 percent, divided
among the chedren share and share alike.
"(4) To the parents, if there is no widow,
widower, or child, as follows :
"(A) 25 percent if one parent was wholly
dependent on the employee at the time of
death and the other was not dependent to
any extent:
"(B) 20 percent to each If both were wholly
dependent; or
"(C) a proportionate amount in the dis-
cretion of the Secretary of Labor if one or
both were partly dependent.
If there is a widow, wide ver, or child, so
much of the percentages are payable as, when
added to the total percentages payable to the
widow, widower. and children, will not ex-
ceed a total of 75 percent
"(5) To the brothers, sisters, grandparents,
and grandchildren, if there it; no widow,
widower, child, or dependent parent as fol-
lows:
"(A) 20 percent If one was wholly de-
pendent on the employee at the time of
"(B) 30 percent if more than one was
wholly dependent, divided among the de-
pendents share ,Ind share aline; and
"(0) 10 percent if one is wholly dependent
but one or more is partly deeendent, divided
among the dependents share and share alike.
If there Is a widow, widower, or child, or
dependent parent, so much of the percent-
ages are payable as, when ac ded to the total
percentages payable to the widow, widower,
children, and dependent parents, will not ex-
coed a total of '75 percent.
"(b) The compensation payable under
subsection (a) of this section Is paid from
the time of death until?
"(1) a widow, or widower dies or remar-
ries) before reaching age 80;
-(2) a child, a brother, a sister, or a
grandchild dies, marries, or becomes 18 years
of age, or if over age 18 and incapable of self-
support become); capable of self-support; or
"(3) a parent or grandparent dies, marries,
or ceases to be tependent
Notwithstanding paragraph 2) of this sub-
section, compensation payable to or for a
child, a brother or sister, or erandchild that
would otherwise end be use the child,
brother or sister, or grandchild has reached
18 years of age shall continue if he is a stu-
dent as defined by section 8101 -of this title
at the time he reaches 18 years of age for so
long as he continues to be such a student or
until he marries-. A widow or widower who
has entitlements to benefits ander this title
derived from more than one husband or wife
shall elect one entitlement to be utilized."
(b) Section 8135(b) of the Act is amend-
ed by inserting after "On remarriage" the
following: "before reaching sage 60",
SEC. 17. Section 8133(e) .1' of the Act Is
amended to read as follows:
"(1) the monthly pay ooniputedi under sec-
tion 8114 of this title, except for increases
authorized by section 8164 of this title; or".
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SEC. 18. Section 8133 of the Act is amended
by adding at the end thereof the following
new subsection:
"(f) Notwithstanding any funeral and
burial expenses paid under section 8134,
there shall be paid a gum of $200 to the per-
sonal representative of a deceased employee
within the Mee-fait of section 8101(1) of this
title for reimbursement of the costs of ter-
mination of the decedent's status as an em-
ployee of .the United States."
Sec. 19. Section 8135(a) (1) of the Act is
amended by striking out "$5" and inserting
in lieu thereof "$50".
Sec. 20. The last twb sentences of sub-
section (a) of section 8135 of the Act are
amended to read as follows: "The probability
of the death of the beneficiary before the
expiration of the period during which he is
entitled to compensation shall be determined
according to the most current United States
Life Tables, as developed by the United
States Department of Health, Education, and
Welfare, which shall be updated from time
to time, but the lump-sum payment to a
Widow or widower of the deceased employee
may not exceed 60 months' compensation.
The probability of the happening of any
other contingency affecting the amount or
duration of compensation shall be disre-
garded."
SEC. 21. Section 8146a of the Act is amend-
ed by striking "third" from subsection (a)
and by striking subsection (b) and inserting
In lieu thereof the following:
"(b) The regular periodic compensation
payments after adjustment under this sec-
tion shall be fixed at the nearest dollar.
now-
ever, the regular Periodic compensation after
adjustment shall reflect an increase of at
least $1."
SEC. 22. Subchapter I of chapter 81 of the
Act is amended by adding the following new
section:
"? 8151. Civil service retention rights
"(a) In the event the individual resumes
employment with the Federal Government,
the entire time during which the employee
was receiving compensation under this chap-
ter shall be credited to the employee for the
purposes of within-grade step increases, an-
nuity computation under the civil service
retirement provisions, retention purposes,
and other rights and benefits based upon
length of service.
"(b) Under regulations issued by the Civil
Service Commission.?
"(1) the department or agency which was
the last employer shall immediately and un-
conditionally' accord, the employee, if the in-
jury or disability has been overcome Within
one year after the date of commencement of
compensation, the right to resume his former
or an equivalent position, as Well as all other
attendant rights which the employee would
have had, or acquired, in his former position
had he not been injured or disabled, includ-
ing the rights to tenure, promotion, and safe-
guards in reductions-in-force procedures,
and
"(2) the department or agency which was
the last employer shall, if the injury or dis-
ability is overcome within a period of more
than one year after the date of commence-
ment of compensation, make all reasonable
efforts to place, and accord priority to plac-
ing, the employee in his former or equivalent
position within such department or agency,
or within any other' department or agency."
Sec. 23. The table Of contents, of chapter
81 of the Act is amended by the addition of
the following:
"8151. Civil service retention rights.".
Sec.. 24, Section 8146a of the Act is
amended, by adding at the end thereof the
following new subsection:
"(c) This section shall be applicable to
persons excluded by section 15._ of the Fed-
eral employees' Compensation Act Amend-
? ments of 1966 (Public Law 89-488) under
the following statutes: Act of February 15,
1934 (48 Stat. 351); Act of June 26, 1936 (49
Stat. 2035); Act of April 8, 1935 (49 Stat.
115); Act of July 25, 1942 (56 Stat. 710);
Public Law 84-955 (August 3, 1956); Public
Law 77-784 (December 2, 1942); Public Law
84-879 (August 1, 1956); Public Law 80-896
(July 3, 1948); Act of September 8, 1959 (73
Stat. 469). Benefit payments to these persons
shall initially be increased by the total per-
centage of the increases in the price index
from the base month of July 1966, to the
next most recent base month following the
effective date of this subsection."
SEC. 25. Section 8147 of the Act is amended
by adding after the first comma in subsec-
tion (c) the following: "the United States
Postal Service, or".
Sec. 26. Section 8147(a) of the Act is
amended by striking out "Bureau of the
Budget" and inserting in lieu thereof "Office
of Management and Budget".
SEC. 27. The Secretary of Labor shall con-
duct a study of the provisions of the Act
and the programs thereunder, which shall
include, but is not necessarily limited to?
(1) such hearings, research, and other
activities as the Secretary of Labor deems
necessary in order to enable him to formu-
late appropriate recommendations,
(2) specific examination of the need of
granting the Secretary of Labor the author-
ity to increase the allowance for services of
attendants under section 8111(a) of the Act
above the maximum amount fixed under
such section where exceptional circumstances
exist,
(3) an examination and evaluation of the
effectiveness of the Act, and
(4) recommendations regarding survivor
benefits. The Secretary of Labor shall report
the results of such study, together with his
findings and recommendations, to the Con-
gress not later than 12 months after the
date of the enactment of this Act.
The SPEAKER. Is a second demanded?
Mr. ESCH. Mr. Speaker, I demand a
second.
The SPEAKER. Without objection, a
second will be considered as ordered.
There was no objection.
Mr. DOMINICK V. DANIELS. Mr.
Speaker, I am pleased to bring to the
House floor, H.R. 13871, a bill to amend
chapter 81 of subpart C of title 5, United
States Code?the Federal Employees'
Compensation Act (FECA).
Since the 1966 amendments to the Fed-
eral Employees' Compensation Act, so-
cial and economic developments have
necessitated a review of the efficacy of
compensation for injured Federal work-
ers. The conclusions drawn from that re-
view, combined with the recommenda-
tions of the National Commission on
State Workmen's Compensation Laws,
convinced the authors of this legisla-
tion that amendments were required in
order to modernize and update the pres-
ent system of Federal compensation.
These amendments would assure that
FECA continue as a model of efficient
and equitable compensation for workers
injured in the performance of their
duties.
Because of the need for a revision of
FECA, the Select Subcommittee on La-
bor, which I chair, held 4 days of hear-
ings on my bill, H.R. 9118. Testimony was
heard from all significant groups inter-
ested in the development of new compen-
sation policy. As a result of the informa-
tion gathered at these hearings and be-
cause of the efforts of my colleagues, Mr.
ESCH, Mr. GAYDOS, and Mr. BuirroN, the
113641
cooperation of Mr. Herbert Doyle, di-
rector of the Office of Workmen's Com-
pensation programs and his staff, H.R.
9118 was reported unanimously with
amendments to the full committee on
March 14, 1974. On April 3, 1974, the
House Education and Labor Committee
unanimously reported H.R. 13871, my
substitute, a bill which carries the spon-
sorship of 22 members of the committee.
At this time, I would like to mention
briefly the highlights of this legislation,
after which I will answer any inquiries
from my colleagues.
H.R. 13871 would:
Assure Federal workers injured on the
job and receiving disability compensa-
tion that during their period of disabil-
ity, they will incur no loss of benefits
which they would have received absent
the injury or disease. In addition, this
provision guarantees to an injured em-
ployee who recovers from his disability
within 1 year from the time compen-
sation payments commence the right
to return to his former position or an
equivalent position. For those employees
whose disability extends beyond 1 year,
the employing agency or department is
to accord to the injured worker priority
in employment;
Authorize schedule compensation for
the loss or loss of use of an internal or
unspecified external organ and authorize
payment of up to 312 weeks for said loss
or loss of use;
Allow the worker the choice of using
existing Federal facilities for medical
treatment or a physician chosen from an
approved list. Existing law requires an
injured worker to make use of available
U.S. facilities in the first instance, and
would permit use of private physicians
only if it was impracticable to use Fed-
eral facilities. In addition to permitting
the employee a choice of facilities and
physicians, the bill adds podiatrists to
the list of authorized physicians and
available services. This reflects the
drafters' recognition that injured work-
ers are choosing more diverse methods
of medical treatment to cure their ills,
and that Federal employees compensa-
tion should allow for such a choice;
Authorize the employing agency to
continue payment of an employee's pay
where the employee files a claim under
the act relating to a "traumatic" injury.
This provision was prompted by the per-
sistent complaint of Federal workers that
the delay between notic, of injury and
initial payment was causing economic
hardship to the worker and his family.
The section intends that the continua-
tion of pay be treated as such for all
purposes, including withholding tax,
contributions, retirement, et cetera. This
would not increase the amount of pay-
ment for the period immediately follow-
ing the filing of a claim related to work-
connected traumatic injury, but only
eliminate interruptions in the cash flow
for the employee;
Authorize the Secretary of Labor to
continue the compensations rate without
reduction when a Federal employees dis-
ability changes from total to partial and
he is enrolled in an approved program
ot vocational rehabilitation. This prac-
tice would provide an incentive for par-
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tially disabied.workers to enter into ap-
proved programs of rehabilitation so
that they might return to work and leave
the compensation rolls. It is intended to
eliminate the discentive to return to vo-
cational rehabilitation caused by the
present reduction in benefits;
Erases the artificial differences be-
tween the entitlement of husband and
wife. It permits a widower to receive the
same benefit as a widow because of the
death of his Federally employed spouse
if he lived with her or was dependent
upon her at the time of her death or if
living apart for good reason or because
of the desertion of the husband by the
wife; _
Extends the period for filing clstims
from 1 to 3 years and elimieates the
often inequitable 5-year waiver prole-
Lion. It is foreseen that the present pro-
vision concerning latent disability, and
the newly added section tolling the
statute of limitations in cases of excep-
tional circumstances will provide the
worker the same protection affordee by
the existing waiver provision wit hout the
attendant difficulties;
Reallocates benefits between widows
and widowers and children at deceased
Federal employees by increasing the
share of widows and widowers generally
by 5 percent. The committee recognized
that parents retain a continuing respon-
sibility for the welfare of their children,
and that this reallocation of survivors'
benefits would reflect that recognition in
the legislation;
Removes the two month waiting period
currently required following a 3 per-
cent rise in the price index for 3 con-
secutive months over the price index for
the latest base month. This amendment
achieves the reasonable and logical re-
cult of most accurately reflecting in-
creases in the consumer price index;
Corrects the unintentional exclusion
of certain groups of beneficiaries. Mettle -
ing those from the Federal Public Works
Administration, the Civilian Conserva-
tion Corps, the Works Projects Adminis-
tration, and other New Deal agencies?
from receiving the automatic cost-of-liv-
ing increases provided for in the 1968
Federal Employees Compensation Act
amendments;
Permits employees or survivors to re-
ceive benefits administered by the Vet-
erans' Administration while receiving
benefits under the FECA, as long as such
payment is not for the sante injury or the
same death. It also permits receipt of
military retirement, retired or retainer
pay while receiving benefits under the act
subject to the limitations on receipt of
dual compensation for the same injury,
and further subject to the limitations im-
posed on retired officers in 5 U.S.C. 5532;
and
Finally, because of the recent ongoing
studies of workmen's compensation pro--
grams at both the State and Federal
level, it is not only justified, but abso-
lutely essential, to conduct a broad-based
review of the FECA to ascertain whether
further revisions are necessary.
This legislation corrects certain in-
equities in existing law and is viewed
as a great stride forward in the effort
to keep the FECA in step with the
most current workmen's compens.atian
developments. It is enthusiastically sup-
ported by the Committee on Education
and Labor, both Democrats and Repuo-
lb by the administration and mc st
in iportantly by the Federal employees
vein are most directly affected by the
changes incorporated in this bll.
I believe that every Member of this
H mese should support H.R. 13871, with-
ot t qualificaticia. This bill provides fair
d progressive compensation to Federal
workers injured on tee job.
(Mr. ESCH asked aid was given Per-
m ssion to revise and extend his re-
m irks.)
Mr. ESCH. Mr. Speaker, I rise at this
thee in support of H.R. 13871. The origi-
nal bill, H.R. 9118, tt as introduced on
June 29, 1973. In early fall 1973 Chai
nein DANIELS, the primary sponsor of
Lie tt bill, conducted hearings. In add t-
ea n to representatives of the Federal
employees interests, the committee al n
had the advantage of testimony and the
as estance of representatives of the De-
partment of Laeor's Office of Workmen's
C. rimeneation programs.
I was through the cooperative inter-
est sand efforts of Chaii man DANIELS that
the members of the select Labor Sue-
eanmittee were able to develop what I
no v feel is a reasonatee piece of legis-
hat ion. It is bemuse of she sincere efforts
of Chairman DANIELS to discuss and en-
fee Lively deal with our objections to the
original bill that I now feel comfortable
in the fact that H.R. 13871 is being
brc ught up under Suspension of the Rules
of the House. One of the provisions ef
the original bill that could have been the
cause of considerable controversy was the
sec Aon dealing with continuation of corn-
pensatien from the date of the wage loss
of the injured employee. To begin with,
as iroposed in the orig.nal bill that sec-
tion would have exceeded the recommen -
dations of the National Commission on
Siete Workmen's Compensation laws
which, after thorough study, concurreil
in some reasonable waiting period before
bei efits would be in fan; paid an affected
individual.
fowever, Cha:irman Demers arid I did
agree that a problem could exist, where
an injured employee was not paid bene-
fits during the period of administrative
delay normally associated with the proc-
essing of worker claims. However, the
issee concerning that provision was
averted by the willingness of Mr. DANIEL
to consider the alternative which was
eveiitually incorporated in the bill now
up for consideration.
Essentially this proeision authorizes
the employing agency to continue to pay
the regular pay of an employee who files
a claim in connection with a traumatic
injery. In other words without regard in
the initial stages as whether or not an
employee has a valid claim, the agency
she. I continue his pay. Ins pay is subject
to all the normal deductions for income
tax, withholding Contributions and
thir gs of a like nature. The period for
whi.th an emploeee is paid on that basis
shall be pursuant to recommendations
and accounting procedures prescribed by
the 3ecretary of Labor for a period not to
exceed 45 days. Once a determination
./cty 7, 19
has been made by the Office of Federal
Employees Compensiitieri that a claim is
valid, the compensation provisions of the
act take effect.
As indicated in the e7.; planation in the
committee report, it wa- our intention to
eliminate interruption ,n income with-
out increasing the net benefit to the em-
ployee. I feet that the erovision as now
incorporated in the bill along with the
above relevant legislate c history is ac-
ceptable.
Another area of mai('' concern of the
subcommittee was the f: tfect of absence
stemming from illness( or injuries on
the employment status of Federal em-
ployees. Accordingly i'or :he first time we
agree to specifleally pro! tct the rights; of
these individuals who because of work-
connected illnesses or Is juries have had
breaks in the continuity )f their employ-
ment which affected the 'r status as em-
ployees.
I do want 1:o point on: in this connec-
tion that our committee report explains
that this provision doe, not accord or
bestow greater rights thsn the employee
would have enjoyed if hi had continued
working, but is intended solely not to
Impose a reduction of i ights if he had
otherwise en,joyed had 1,e not been ab-
sent due to a work-corn acted illness or
injury.
I am aware that some are concerned
with this provision, liov ever, I am ad-
vised that similar pros' sions are con-
tained in labor agreemer Is between em-
ployers and labor orgaeizations in the
private sector of our economy. These
provisions would accord 'Milner rights to
injured employees who are covered by
such agreements.
There are provisions which would add
to the cost of this legislation. However in
the course of the hearines herein and in
consideration of this legislation, I could
not agree that these cost i should not be
appropriately absorbed by the Federal
employer. One of the provisions would
redefine "organ," the lose or loss of use
of which is :oovered by the scheduled
awards contained in the act. We did
specifically exclude the heart, the brain,
and the back :from scheduled awards be-
cause of the still uncertain state of the
medical art in deterre Ming the extent
of loss of those cases. H )wever, we did
not ignore our responsibility with respect
to these organs, and this bill would re-
quire the Semetary of Labor to conduct
a study to determine how these organs
could be appropriately added to the
scheduled provision of the act. I feel this
is a eminently reasonable approach to
this problem and for that reason also
support the bill.
An additional cost item concerns itself
with the payment of 100 percent of com-
pensation where an employee who has
suffered total disability agrees to enter a
vocational re.habilitation program. I
concur in the sentiment et pressed in. our
committee report that this will encourage
employees who were totally disabled to
make an effort to return ta 'useful life.
Other provisions of tem bill are de-
signed to eliminate cert tin inequities
which came to our attentioe in the course
of the hearings. One sitch provision
would allow an injured Jitntaoyee free
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May 7, 1974 CONCLIth
choice between Government and private
medical facilities for treatment for work-
connected injury and illness. This merely
represent i adoption of the recommenda-
tions of the National Commission on
, State Workmen's Compensation Laws.
In recognition of the changes in our
patterns of thinking about these matters,
the bill would extend equal treatment to
dependent widowers new enjoyed by
widows of Federal employees.
Another inequity concerned the appli-
cation of the cost-of-living index in-
creases provided for by the act to cer-
tain New Deal agencies. This bill would
not provide for retroactive payment by
virtue of the extension of this provision
to these New Deal agencies. It simply
brings the rates of compensations up to
the current standards enjoyed by em-
ployees of other agencies.
I agreed that a Federal em-
ployee who is receiving benefits adminis-
tered by the Veterans' Administration
should not be disqualified from receiving
benefits 'under this act, so long as the
benefits do not relate to the same injury
or4eath.
In recognition of the fact that the
legislative task in the area of workmen's
compensation is never finished, we have
directed that the Sec retary of Labor con-
duct studieS regardin s increases in at-
tendant allowances, the matter concern-
ing additions to scheduled awards and
distribution of survivor benefits between
surviving spouses and dependent chil-
dren.
So all of these reasons, Mr. Speaker, I
join my respected" colleague, Mr. DAN-
IELS, in recommending passage of this
bill.
Mr. STEIGER of Wisconsin. Mr.
Speaker, will the gentleman yield?
Mr. ESCH. I yield to the gentleman
from 'Wisconsin.
(Mr. STEIGER of Wisconsin asked
and was given permission to reivse and
extend his remarks.)
Mr. STEIGER of 'Wisconsin. Mr.
Speaker, I support the legislation and
enthusiastically urge that it pass.
'Ma Si IaGER of Wisconsin further
addressed the Houk. Iris remarks will
appear "hereafter in the 'Extensions of
Remarks.]
Mr. DOIVIINICK V. DANIELS. Mr.
Speaker, I yield such time as he may
consume to the gentleman from Penn-
sylvania (Mr. GAYDOS).
(Mr. GAYDOS asked and was given
permission to revise and extend his re-
marks.)
Mr. GAYDOS. Mr. Sneaker, I rise in
support of this bill. The Federal Em-
ployees' Compensation Act was last
amended in 1966. Experience since then
has disclosed certain shortcomings with
respect to Federal employees.
H.R. 13871, therefore, is an omnibus
bill, and I will highlight some of its more
important provisions.
Currant law provides that when an
ehaPlOyedi'disabitity chenges from total
to partial, the Office of Federal Em-
ployees' Compensation must recompute
his compensation on the basis of his
former pay and his new earning capacity.
In many cases, such reduction in com-
pensation makes it financially impos-
sible for an employee to undertake or
continue vocational rehabilitation, but
forces him to take any available job re-
gardless of the pay scale. Accordingly,
the employee will continue to collect
compensation for partial disability. This
works to the disadvantage of both the
employee and the Government.
Section 3 of the present bill addresses
itself to this problem. It provides that
an employee whose disability status
changes from total to partial would con-
tinue to receive his prior compensation
while undergoing vocational rehabilita-
tion and training. This will accomplish
two objectives; one, the individual will
be able to learn new skills so that he can
return to the labor force with an im-
proved earning capacity", and two, there
will be a reduction in the compensation
payments paid to the employee in the
long run. Thus, a small investment,
namely continuation of compensation at
the total disability level for a short
period, will mean less total compensation
payments overall.
In addition, section 7 of the present bill
increases from $100 to $200 the monthly
allowance the Secretary of Labor must
pay an employee for necessary mainte-
nance while undergoing such vocational
rehabilitation. This is to provide funds
for carfare, lunch, uniforms, tools, books,
and partial contributions to food and
lodging for courses taken away from
home.
Under present law, the Office of Fed-
eral Employees' Compensation is required
to review compensation awards when a
recipient attains the age of 70. Thia has
been the law since 1916. It is based on
the rationale that if a person receiving
compensation experiences a reduction in
earning ability solely because of age his
compensation payments should be re-
duced. Age 70 has significance in that it
was the mandatory retirement age for a
Federal employee, who upon attaining
that age should receive retirement bene-
fits rather than to continue to receive
compensation benefits for impairment of
earning capacity.
The implementation of this section of
the present law has resulted in great con-
troversy, particularly where a person ,does
not have sufficient retirement benefits
accrued. To reduce his compensation
payments at that age would seriously im-
pair his ability to provide for himself.
Accordingly, in this situation, the Office
of Federal Employee's Compensation is
faced with the soul-searching task of
deciding whether or not to reduce the
compensation of a 70-year-old who may
have no other source of income. Although
the instances when such reduction is
made appear to be minor or limited,
much time is wasted in conducting the
review procedure, with no substantial im-
pact on the benefits paid.
Section 8 of the till would repeal this
section and save considerable time of the
Office of Federal Employee Compensation
as well as anguish on behalf of compen-
sation recipients who approach age 70.
Current law provides that while an
employee receives compensation for a
work-connected disability, he may not re-
ceive other payments from the U.S. Gov-
111 3443
ernment other than for services per-
formed or from a military disability
pension.
This means that a person retired from
the military service and who is em-
ployed by the Federal Government and is
receiving income from both sources, if
injured on his current job, must forgo
receipt of his military retirement pay-
ments if he elects to receive compensa-
tion benefits for a work-connected dis-
ability.
If it is proper for a person to receive
checks from two sources when employed
by the Federal Government, there is no
reason why, if he incurs a work-con-
nected disability, he should be penalized
and forced to forfeit his right to the
military retirement.
Section 9 of the bill would allow an
erhployee receiving compensation bene-
fits also to receive military retirement
or retainer pay subject to the limita-
tions on receipt of dual compensation
by retired officers as required by law. It
would also allow the receipt of benefits
from the Veterans' Administration pro-
vided they are not for the same injury
or death as from the Federal Employees
Compensation Act.
This proposed change is certainly
justifiable since a Federal employee who
receives disability payments for a work-
connected injury should not be deprived
of benefits from other sources for dif-
Jerent injuries or service. His right to
receive the compensation payment
should be based solely on the merits of
his claim, and not on the availability
of other Federal income.
Under present law, when a Federal
employee is injured on the job and is
unable to work, he is faced with the al-
ternative of using either accrued annual
or sick leave or else be put on leave
without pay until he returns to work or
a determination is made that his injury
is compensable.
The situation is further complicated by
the fact that it may be 60 days or more
before there has been a determination
that his injury is compensable. Once it
is determined that his injury is com-
pensable, he will then receive compensa-
tion, but only for that period of time
for which he did not use annual or sick
leave. For example, if an employee was
disabled from work for a period of 60
days and used 30 days of annual and/or
sick leave during the period, then he
would receive compensation for only 30
days. On the other hand, if such em-
ployee did not choose to use his annual
or sick leave, then he would receive com-
pensation for the entire 60-day period.
It appears that most of the delay is
attributable to the processing of claims
by the employing agency. Even though
any compensation paid will be charged
back to it, there is no reason or incentive
for that agency to expedite the process-
ing of compensation claims. In fact,
there is a disincentive to do so, since for
minor disability claims, individuals will
use annual or sick leave and there will
be no compensation paid, thus no charge
back to the employing agency to reim-
burse the Office of Federal Employee
Compensation?other than payment for
medical bills which, of course, are
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charged back to the agency in any case.
Section 11 of the bill would amend the
present law so as to authorize the em-
ploying agency to continue to pay an em-
ployee who has been disabled !rain a
traumatic injury up to 45 days. This sum
will not be considered compensation, but
Instead will be taxable income. There
will be no reason for the employing
agency to delay processing a disability
claim and it is anticipated that a dis-
position of the claim by the Office of
Federal Employee Compensation will be
made within 45 days. Thus if a person
returns to work before the expiration of
the 45-clay period, he WM have received
his regular income for the period and
will not have used up his annual or sick
leave.
On the other hand, if a person receives
a traumatic injury keeping him out of
work for more than 45 days, be will com-
mence receiving compensation benefits
as of the 49th day, if he returns to work
between the 45th and 59th day. If the
employee remained off work 59 days or
more because of the disability, he will
then be paid disability from the 46th
day on. This is because the 14-day wait-
ing Period for retroactive benefits com-
mences on the 46th day of a person's
disability.
If it should be determined that the
employee did not receive a compensable
Injury, then a reduction would be made
In the employee's annual or sick leave
to account for the receipt of his earn-
ings during the 45-day period.
There is certainly no reason why an
employee with a service-connected dis-
ability should either have to forgo his
annual or sick leave or, worse, experience
a period of no income while the appro-
priate Federal agency was processing his
disability claim.
The provision that an adjustment be
made in the annual or sick leave of an
employee whose claim for disability was
held not compensable, will orevent an
abuse of this provision by employees who
do not have compensable injuries.
Adoption of this change will lead to
efficiencies in the administration of the
act in that with respect to traumatic in-
jury claims of 45 days or less, no longer
will it be necessary for the Office of Fed-
eral Employees Compensation to issue
weekly checks to a compensation claim-
ant and then obtain reimbursement from
the employing agency. Instead, the check
will be issued directly by the employing
agency. In view of the fact that half
of the compensation claims involve dis-
abilities of 45 days or less, there will be
a reduction in the payroll cost of the Of-
fice of Federal Employee Compensation.
The cost savings here can then be applied
to employing more technical advisors to
further expedite the processing of claims
both at the Office of Federal Employees
Compensation as well as in the employing
agency.
Section 22 of the bill is an attempt to
"make whole" the disabled employee and
assure that he will lose no benefits that
he otherwise would have received had
he continued to work during the time he
received disability compensation.
It provides that if at individual re-
sumes employment with the Pederal
Government, he shall be credited for
within grade step increases, annuity
computations under Civil Service Re-
tirement, retention purposes, and other
rights and benefits based upon length
of service for the entire time during
which the employee received compensa-
tion under the Federal Employee Com-
pensation Act.
Additionally, an employee who recovers
from an injury or disability within 1
year after commencement of compen-
sation benefits would have an absolute
right to his job or an equivalent position.
If his injury Or disability extended be-
yond 1 year, lee would be entitled to
priority in employment with the em-
ploying agency or department by whom
he was formerly enealoyed.
The purpose of this compensation law
is to protect an employee from his loss
of earnings due to a work-connected in-
jury or disability. Accordingly, he should
not be deprived of re-employment when
his disability terminates, nor should he
suffer a tolling of employment benefits
while receiving compensation benefits.
The changes prolO led in the bill under
eonsideration will clearly indieate that
Congress intends that the Federal Gov-
ernment will be a model employer in the
area of workman's compensation.
I urge my colleagues to support this
bill.
Mr. DOMINICK V. DANIELS. Mr.
Speaker, I yield null time as he may
consume to the gentleman from New
York (Mr. BIAGGI) .
(Mr. 13IAGGI asked and was given
permission to revise and extend his re-
marks.)
Mr. BIAGGI. Mr. Speaker, I rise to
urge my colleagues to support H.R. 13871,
the Federal employees compensation
amendments. This legislation, which I
have cosponsored as a member of the
Education and Labor Committee, repre-
sents an important .step forward in the
rights of our citizens under the work-
men's compensation laws.
The greatest problem with the work-
men's compensation laws in the past has
been the fact that the worker has had to
go without pay between the time of his
Injury and the time of his compensation
award. This has proven to be a hardship
for his wife and family as well as for
himself. This legislation corrects that
situation by providing for an automatic
Payment of wages for 45 days atter the
accident.
The companion problem is the delay
which often occurs before the Work-
men's Compensation Board makes Pay-
ment to the injured party: This legisla-
tion seeks to relieve this hardship by re-
quiring that the Cot npensation Board
make an award within 45 days of the in-
Jury?the same 45 days the worker is re-
ceiving pay. This means that the new
law effectively eliminates the specter of
injury induced poverty which has been
such a serious problem in the past.
Almost as important the existing stat-
ute of limitations has 1.ong penalized the
worker seeking to file a claim. At pres-
ent it is for 1 year; in this law we are
extending it to 3 years to provide greater
oneortunity for the worker who has a
hidden physical injury to receive his just
compensation.
;Finally, this bill grants to the civil
May 7, 1974
service employee the right to return to
his old job?or one of equal rank and
equal pay?if his injury clears up within
1 year. If the injury takes longer to heal,
the worker in civil service is granted
preferential status in job selection when
he returns. This is an important pro-
vision. It takes account of the legitimate
needs of the worker v ho has invested an
enormous amount of time in his job sit-
uation, and who ought not to be penal-
ized for an injury suetained while he is
giving faithful service on that job.
In sum, Mr. Speaker, HR. 13871 is an
important and necessery piece of legisla-
tion to safeguard the rights of the work-
er, and I urge its prompt passage by the
House.
The SPEAKER. The question is on the
motion offered by the gentleman from
New Jersey (Mr. Doe/Lancet V. DANIELS)
that the House suspend the rules and
pass the bill. H.R. 13871.
The question was taken; and (two-
thirds having voted in favor thereof) the
rules were suspended and the bill was
passed.
A motion to reconsider was laid on the
table.
Mr. DO/
Speaker, I as
all "efembers
In which to ex
bill just passed
The SPEAK
the request of
Jersey?
There was n
ERAL LEAVE
CK V. DANIELS. Mr.
unanimous consent that
y have 5 legislative cleys
nd their remarks on the
. Is there objection to
e gentleman from New
bjecti on.
RAISING THE ALARMS OF LEVEL
V. IV, AND EMPLOYEES?MES-
SAGE FEOM4 PRESIDENT OF
THE UNIT ? TATE'S (H. DOC. NO.
93-297)
The SPE1
the following
dent of the Un
read and, toget
Ing papers, refe
Post Office and
to be printed:
laid before the House
sage from the ?Presi-
d States; which was
with the accompany-
to the Committee on
il Service and ordered
To the Congress ?the United States:
The recent rej tion by the Congress
of higher ealari for the Executive,
Legislative and dicial branches has
created a peoble within the Govern-
ment that needs be quickly remedied.
Under the law, reer officials in the
General Schedul 'OS employees" as
they are called?ca ot be paid a higher
salary than anyon n the lowest rung,
Level V, of the Ex tive Schedule.
For the past five ars, the salaries of
those in the Exec ve Schedule have
been frozen, and wi the recent action
by the Congress, continue to be
frozen until 1977.
During this same od, in actions ap-
proved by the Congr the salaries of
those in the General edule have been
gradually increasing.
The result now is ti t GS employees
In the top three levelipf the General
Schedule?GS 16s, 17s, d 18s?are al-
most all paid the same lary, $36,000.
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August .19, 1974 CO
of suci-sposition, be restored, to such posi-
tion or tos a position Of.riiir seniority, Status,
?N
and pay o
[(ii) if t qualified to perform the
duties of Suet sitiOnliY reason of disability
sustained durin \stich service but qualified
to perform the 'clutN any other position in
the employ of the e ployer, be restored to
such other position th uties Of which he is
ti4
qualified to perform as 1 provide 'him like
seniority, status, and pat, or the nearest
approximation thereof consIstent with the
circumstances in his case. '
[(c) (1) Any, person who is restored to a
position in accordance with the 'provisions
of paragraph (A) or (13) of subsection (b)
shall be considered as having' been 8.4 fur-
lough or leave of absence during his priod
of training and service in the armed for*,
shall be so. restored without loss of seniprit)r,
shall be entitled to participate in insurance?
or other benefits offered' by 1 the ernPloYer
pursuant to established rules and practiCes
relating to employees on" furlough or leave
of absence in effect: with the employer at
the time such perSOn'vlai inducted into' such
forces, and shall' not be discharged from'
such position without ' cause within one
year -after 'inch' restoration.
t(2) /t is hereby declared to be the sense
of -the Congress that any person who is re-
stored to a. position in accordance With the
provisions of paragraph (A) Or (B) of sub-
section (10 Should -be sO restored in such
mariner as to give him Snell' status in his
employment as he Would hive enjoyed iihe
had continued in , such einOoyfnent con-
tinuously from the time of hiS entering the
armed forces' until the time of his restora-
tion to such employment . '
r(3) Any person who holdS a position de-
scribed in paragraph (A) or (B) of subsec-
tion (b) shall not be denied retention in em-
ployment or any promotion or other inci-
dent or advantage of emplOyment because of
any Obligation as a, Member of a reserve cern--
ponent of the Armed Forces of the United
States. ,
r(d) In case any private employer fails or
refuses to comply with the provisions of sub-
section (b), subseetiOn (c). (1), Subsection
(c) (3), or subsection-(g) of the district
court of , the United States, for the district
in which such private employer maintains a
, place of business shall have power, upon the
filing of a motion, .petitiori, or other appro-
priate pleading by the person entitled to
the benefits of such praVisions, specifically
to require such employer to comply with
such provielOne'andlO corrinerisate such per-
son for any loss. of Wage-S. or benefits suf-
fered by reason of such. ernployer's unlawful
? actten: Prov fed, That any such compensa-
tion shall'Ilie in addition to and shall not
be deemed, to diminish any, of the benefits of
Fetich proVisione. -The court shall order
speedy hearing in any such case' and shall
advance it on the. calendar. Upon applica-
tion to the United States Attorney or corn-
parable official for the district in which such
private employer maintains a place of. busi-
ness, by any person claiming to be entitled
to the benefits Of such ,provisions, such
United States Attorney ,or oftiCial, if reason-
ably satisfiedthat the Person so 'applying
Is entitled to s'nehberkefits":, Shall appear and
act as attorney .for sue.b."PersOn in the ami-
cable adlustment. of the claim or in the fil-
ing of any motiOn, petition Or other appro-
priate pleading and the prosecution thereof
specifically to require such employer to com-
ply with such provisions: Provided, That no
fees or court costs shall be taxed against any
person who may apply 'for such benefits:
Provided: Iurfh.er, That only the employer
shall be deemed a necessary party respondent
, .
to any such action. .
[(e) (1) Any person who is entitled to be
restored to a position in accordance with the
provisions of paragraph (A) of subsection
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NGRESSIONAL RECORD ?Huu SE
(b) and who was employed, immediately be- lative branch of the Government' and he is
fore entering the armed forces, by any agerity
In the executive branch of the Government
or by any Territory or possession, or political
subdivision thereof, or by the District of
Columbia, shall be so restored by such agency
or the successor to its functions, or by such
Territory, possession, political subdivision,
or the District of Columbia. In any case in
which, upon appeal of any person who was
employed immediately before entering the
armed forces by any agency in the executive
branch of the Government or by the District
of Columbia, the United States Civil Service
Commission finds that?
[(A) such agency is no longer In existence
and its functions have not been transferred
to any other agency; or
[(B) for any reason it is not feasible for
such person to be restored td employment by
such agency or by the District of Columbia,
e Commission shall determine whether or
n there is a position in any other agency
in e executive branch of the Government
or in the government of the District of Co-
lurnbi for which such person Is qualified
and wh h is either vacant or held by a per-
son havi a temporary appointment there-
to. In any ase in which the Commission de-
termines th t there is such a position, such
person shall e restored to such position by
the agency in which such position exists or
by the governm nt of the District of Colum-
bia, as the case ay be. The Commission is
authorized and d ected to issue regulations
giving full force a effect to the provisions
of this section insof as they relate to per-
sons entitled to be r tored to positions in
the executive branch ? the Government or
in the government of t District of Colum-
bia, including persons en tied to be restored
under the last sentence f paragraph (2)
of this subsection. The agen as in the execu-
tive branch of the Governme .t and the gov-
ernment of the District of lumb 1 a shall
comply with such rules and re:ulations and
orders issued by the Commissi pursuant
to this subsection. The Commissio is author-
ized and directed whenever it finds, upon ap-
peal of the person concerned, that a agency
in the executive branch of the Gov nment
or the government of the District of ...lum-
bia has failed or refuses to comply wit the
provisions of this section, to issue an o der
specifically requiring such agency or the g v-
ernment of the District of Columbia to co
ply with such provisions and to compensat
such person for any loss of salary or wages
suffered by reason of failure to comply with
such provisions, less any amounts received
by him through other employment, unem-
ployment compensation, or readjustment al-
lowances: Provided, That any such compen-
sation ordered to be paid by the Commission
shall be in addition to and shall not be
deemed to diminish any of the benefits of
such provisions, and shall be paid by the
head of the agency concerned or by the gov-
ernment of the District of Columbia out of
appropriations currently available for salary
and expenses of such agency or government,
and such appropriations shall be available
for such purpose. As used in this paragraph,
the term "agency in the executive branch of
the Government" means any department, in-
dependent establishment, agency, or corpora-
tion in the executive branch of the United
States Government.
[(2) Any person who is entitled to be re-
stored to a position in accordance with the
provisions of paragraph (A) of subsection
(b), and who was employed, immediately be-
f or entering the armerd forces, in the legis-
lative branch of the Government, shall be so
restored by the officer who appointed him
to the position which he held immediately
before entering the armed forces. In any case
in which it is not possible for any such per-
son to be restored to a position in the legis-
otherwise eligible to acquire a status for
transfer to a position in the classified (com-
petitive) civil service in accordance with sec-
tion 2(b) of the Act of November 26, 1940
(54 Stat. 1212), the United States Civil Serv-
ice Commission shall, upon appeal of such
person, determine whether or not there is a
position in the executive branch of the Gov-
ernment for which he is qualified and which
Is either vacant or held by a person having a
temporary appointment thereto. In any case
In which the Commission determines, that
there is such a position, such person shall be
restored to such position by the agency in
which such position exists.
[(3) Any person who is entitled to be re-
stored to a position in accordance with the
provisions of paragraph (A) of subsection
(b) and who was employed, immediately be-
fore entering the armed forces, in the judi-
cial branch of the Government, shall be so
restored by the officer who appointed him
to the position which he held immediately
before entering the armed forces.
[(f) In any case in which two or more
persons who are entitled to be restored to a
position under the provisions of this section
or of any other law relating to similar re-
employment benefits left the same position
in order to enter the armed forces, the per-
son who left such position first shall have
the prior right to be restored thereto, with-
out prejudice to the reemployment rights of
the other person or persons to be restored.
[(g) (1) Any person who, after entering
the employment to which he claims restora-
tion, enlists in the Armed Forces of the
United States (other than in a reserve com-
ponent) shall be entitled upon release from
service under honorable conditions to all
the reemployment rights and other benefits
provided for by this section in the case of
persons inducted under the provisions of
this title, if the total of his service performed
between June 24, 1948, and August 1, 1961,
did not exceed four years, and the total of
any service, additional or otherwise performed
by him after August 1, 1961, does not exceed
five years, provided that the service in excess
of four years after August 1, 1961, is at the
request and for the convenience of the Fed-
eral Government (plus in each case any
period of additional service imposed pursu-
ant to law).
((2) (A) Any person who, after entering
the employment to which he claims restora-
tion enters upon active duty (other than for
the purpose of determining his physical fit-
ness and other than for training), whether
-pr not voluntarily, in the Armed Forces of
e United States or the Public Health Serv-
in response to an order or call to active
du shall, upon his relief from active duty
unctr honorable conditions, be entitled to
all o the reemployment rights and benefits
provi d by this section in the case of per-
sons id?cted under the provisions of this
title, if he total of such active duty per-
formed b tween June 24, 1948, and August
1, 1961, df?not exceed four years, and the
total of. air such active duty, additional
or otherwise,-.performed after August 1, 1961,
, does not excs d four years (plus in each
case any additc,,,? nal period in which he was
unable to obtai1? orders relieving him from
active duty). ..
[(B) Any memlAr of a Reserve component
of the Armed Forbes of the United States
who voluntarily or involuntarily enters upon
active duty (other tilan for the purpose of
determining his physical fitness and other
than for training) or 'whose active duty is
voluntarily or involuntai?ily extended during
a period when the Presi ent Is authorized
Ready
to order units of the Re Reserve or mem-
bers of a Reserve compone t to active duty
shall have the service limi ation governing
eligibility for reemployment rights under
paragraph (2) (A) of this kibsection ex-
tended by his period of such active duty.
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CONGRESSIONAL RECORD -- HOU SE August 19, 1924
but Dot ks exceed that period of active duty
to whiell the President is authorized to order
units of the Ready Reserve or mernbees of a
Reserve iximponent: Provided-, That with re-
spect to a member who voluntarily enters
upon active duty Or whose active duty is
voluntatly extended the provisions of this
paragraph shall apply only when such ad-
ditional active duty is at he request and
for the convenience of the Fecieeal Gevern-
ment.
(i 3) Any member of a reserve Component
of the Armed Forces of the United States who
is ordered to an initial period of active duty
for trainng of not less than three consecu-
tive Months shall, upon application for re-
employme.nt within thirty-one days after (A)
his release from that active duty for training
after satisfactory service, or (13) his dis-
charge from hospitalization incident to that
active duty for training, Or one year after his
scheduled release from the training, which-
ever is earlier, be entitled to all reemploy-
ment rights and benefits provided by this
section for persons inducted under the pro-
visions of this title, except that (n) any per-
son restored to a position in accordance wipe
the pmvielores of this paragraph shall not be
discharged from such position wie bout cause
within six months atter that restoration, and
(B) no reemployment rights granted by this
paragrapth shall entitle any person to reten-
tion, preference, or displacement rights over
any veteran with a superior claim under the
Veterans' Preference Act of 1944, as amended
(5 U.S.C. 851 and the following).
r(4) Any employee not covered by para-
graph (3) of this subsection who holds a posi-
tion described in paragraph (A) or (B) of
subsection (b) of this section shall upon re-
quest be granted a leave of absence by his
employer for the period required to perform
active dety for training or inactive duty
training in the Armed Forces of (she Crated
States. Upon his release from a period of such
active' duty for training or inactive duty
training, or upon his discharge from hos-
pitalization incident to that training, such
employee shall be permitted to return to his
position with such seniority, status, pay, and
vacation its he would have had If he had not
been absent for such purposes. He shall re-
port for work at the beginning of his next
regularly scheduled working period after ex-
piration of the last calendar day necessary to
travel from the place of training to the place
of employment following his release, or
within a reasonable time thereafter if de-
layed return is due to factors beyond the em-
ployee's control. Failure to report for work at
such next regularly scheduled Working period
shall make the employee subpeet to the con-
duct rules of the employer pertaining to ex-
planations and discipline with respect to ab-
sence from scheduled work. If that employee
is hoepitalized incident to active duty for
training cr inactive duty teaining he shall
be recmired to report for work at the begin-
ning of lig next regularly scheduled work
period after expiration of the time necessary
to travel from the place or discharge fxorn
hospitalization to the place of employment,
or within a reasonable time thereafter if de-
layed return is due to factors beyond the
employee's control, or within one year after
his release from active duty for training or
inactive duty training, whichever is earlier.
If any employee covered by this paragraph is
not quathied to perform the duties of his
position by reason of disability sustalimd
during active duty for training or inactive
duty training, but is qualified to perform the
duties of any other position in tae employ
of the employer or his successor in interest,
he shall be restored by that employer or his
successor in interest to Mich Other position
the duties of which he is qualified to per-
form as will provide him Illre seniority,
status, arat pay, or the nearest approximation
thereof consistent with the circumstances in
his mire.
t(5) Any employee not covered by para-
graph (3) of this aubseetion who holeis a
position described in paragraph (A) or (B)
of subsection (b) of this section shall be
considered as having aeen on leave of ab-
sence during the period required to report
for the purpose of being inducted Into, enter-
mg or determining by a preinduction or
other examination his, physical fitness, to
enter the Armed Forces of the United States.
Upon his rejection, Upon, completion of his
preinduction or other enterniteation, or upon
hie discharge from hospitalization Incident
to that repetion or examination, such em-
ployee shall be permitted to return to leis
position in accordance with the provisions de
paragraph (4) of this subsection.
e(6) For the purposes of paragraphs (3)
end (4). training or other lull-
time duty performed by a member of the Na-
tional Guard under section 316, 503, 504, or
105 of title 32, United States Code, is con-
sidered active duty for training; and for the
purpose of paragraph (4), inactive duty
teething performed be that member snider
section 502 of title 32, or section 301 of title
37, Melted States Code, is considered inactive
duty training.
[(11) The Secretary of Labor, through the
nureau of Veterans' Reemployment Rights,
shall render aid in the replacement in their
former positions of parsons who have satis-
factorily completed any period of active duty
In the armed forces of the United States or
tae Public Health Service. In rendering such
aid, the Secretary shall use the then existing
Federal and State agernies engaged in Rimi-
esr or related activities and shall utilize the
assistance of volunteers.]
11(1)1(b) Rigat to vote; Poll Tax.-Any
person inducted into the armed forces for
training and service leader this title shall,
daring the perked of such service, be per-
nutted to vote in person or by absentee ballot
In any general, special, or primary election
(recurring in the State of which he is a resi-
dent, whether lie is va. hin or outside such
State at the time of such election, if under
the laws of such State he is otherwise entitled
to vote in such election, but nothing in this
subsection shall be construed to require
geanting to any such person a leave of ab-
sence or furlough for longer than one day in
order to permit him to vote in person in any
such election. No person inducted into, or
enlisted in, the armed forces for training and
service under this title shall, during the pe-
riod of such service, as a condition of voting
it, any election for President, Vice President.
electors for President or Vice President, or
for Senator or Member of the House of Rep-
resentatives, be requires. to pay any poll tax
or other tax or make any other payment to
any State or political subdivision thereof.
E(.1)3(e) Reports of separation.-The Sec-
retaries of army, Navy, Air Force, or Trans-
portation shall furnish to the Selective Serv-
ice System hereafter established a report of
separation for each person separated from
active duty.
Was. J. BRYAN Dove,
Om,/ F. TEAGUE',
JAMES A. HALEY,
THAW:ELMS J. Doeseer,
Hefner elearro SKI,
JOHN PALM HA KMERSCHMIDT,
WRGARET M. BE:CILLER,
JOHN- M. ZWAL
CHALMERS P. 3,/t YLIE,
Managers on the Part of the House.
VANCE BARTILE,
H. E. TAtiaAncr,
JENNINGS RANDOLPH,
IIAR0LI0 E. HUGHES,
ALAN CRANSTOly,
CLIFFO.RD P. HANSEN,
Bra= Textraeceene,
ROBERT T. STAVrORD,
Jamas A. licet.naz.
Managers on the Part 0, the Senate.
COMPENSATION FOR WORK
INJURIES AMINDMENTS
Mr. DOMINICK V. DANIELS. Mr.
Speaker, I ask unardrocitt consent to take
from the Speaker's table the bill (HR.
13871) to nnend chanter 81 of subpart
G of title 5 United States Code, relating
to compensation for work injuries, and
for other purposes, with Senate amend-
ments thereto, and concur in the Senate
amendmenls.
The Clerk read the Itle of the bill.
The Clerk read thc Senate amend-
merits, as follows:
Page 1, line 3, strike out "8101 / 2) " and
insert: 8101(1)
Page 1, lines 4 and 5. strike out "inserting
", podiatrists." after "surgeons"." and in-
sert: inserting "and" after the semicolon ort
subsection t(te) and adding a new para-
graph (F) as follows:
"(I') an ledividual selected pursuant to
chapter 121 of title 28, United States Code,
and serving LS a petit or grand juror and who
is otherwise an employee for the purpose of
this subehapeer as defined by paragraphs (Al,
(B), (C), (D), and (E) of this subsection"
Page 1, after line 5, insert:
(b) Section 8101(2) of the Act is amended
by inserting ", podiatrists, dentists, clinical
psychologists, optometrlets, chiropractors,"
after "surgeons", and adding after the words
-State law" a period, and the following:
"The term 'physician' includes chiropractors
only to the extent that their reimbursable
services are limited to treatment consisting of
manual mampulation of ;he spine to correct
a subluxation as demonstrated by X-ray to
exist, and subject to regulation by the Sec-
retary".
Page 1, line 6, strike Out "(b)" and insert:
"(e)".
Page 1. line 7, strike out "podiatrists," after
"supplies by'', and insert "podiatrists, den-
tists, clinical psychologists, optometrists.
chiropractors," after "supplies by", and by
inserting before the semi eolo:n a Reimburs-
able chiropmetic services are limited to treat-
ment consistng of manuel manipulation of
the spine to correct a sublaxation as demon-
strated by X-ray to exist, and subject to regu-
lation by the Secretary".
Page 1, attar lina 7, insert:
(d) Section 8101(5) of the Act is amend-
ed by inserting before the semicolon a and
damage to or destructice of medical braces,
artificial limbs, and other prosthetic de-
vices which shall be replaced or repaired,
and such time lost while such device or ap-
pliance is being replaced or repaired; except
that eyeglasses and heart eg aids would not
be replace, repaired, or otherwise com-
pensated for, unless the damages or destruee
tion is incident to a personal injury re-
quiring medical services"
Page 1, line 8, strike out "(c)" and in-
sert: "(e)".
Page 2, line 5, strike out '(ti)" rend in-
sert: "(f)".
Page 2, line 9, strike otit "back." and In-
sert: "back; and".
Page 2, after line 15, insert:
(g) Section 8101(11 (1e) ) is amended by
deleting the word "and" after the semi-
colon.
Page
line 16, after '2" insert: "(a) ".
,
Page 4, line 7, after "any" insert: "other".
Page 4, line. 17, after "employee:" Insert:
"or".
Page 5, line 21, strike oat "with" rend in-
sert: "Withoula
Page 7, line 2, strike )tit "ends. and in-
sert: "ends.".
Page 7, after line 2, Insert:
"(d) If a claim under subsection (a) is
denied by the Secretary, payments under
this section shall, at the option of the ens-
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PProved FOcig~gitONINVItECOMPP-MUCIROR000500300003-5 H 8675
ploy,' be charged to sick or annual leave
or tall be deemed overpayments of pay
within the meaning of section 5584 of title
5, United States Code,
Page 7, after line 2, insert:
"(e) Payments under this section shall
not be considered as compensation as de-
fined by section 8101(12) of -this title."
Page 12, line 10,_itrike out "and" and in-
sert: "or".
Page 12, line 11, after "if" insert: "no".
Page 13, tine 22, strike out "8164" and
insert: "8146a".
Page 15, lines 10 and 11, strike out "an-
nuity computation under the civil service
retirement provisions,".
Par 15, line 19, strike out "compensa-
tion, and insert: compensation or from the
time compensable disability recurs if the
recurrence begins 'after the injured em-
ployee resumes regular full-time employ-
ment with the United States,".
Page 16, after line 7, insert:
(c) Section 3315a of title 5, united states
Code, is repealed upon the effective date of
this section,
,J2..ge 16, line 8, after "23." insert: "(a)".
Page 16, after the line following line 9,
inSert:
(b) Section 8142(c) (2) of the Act is
amended by adding after "Title 22" the
phrase ", or a volunteer with one or more
minor children as defined in section 2504 of
title 22,".
Page 18, after line 4, insert:
SEc. 28. (a) Except as otherwise provided
by this section this Act shall take effect on
the date of enactment and be applicable to
any injury or death occurring on or after
such effective date, The amendments made
by sections 1 (b) and (c), 2, 3, 7 (a) and (b),
8 (a) and (b), 9, 16, (a) and (b), 17, 19, 20,
21, 22, 24, and 25 shall be applicable to cases
where the, injury or death occurred prior to
the date of enactment but the provisions of
these sections shall be applicable only to a
period beginning on or after the date of
enactment.
(b) Section 11 of this Act shall become
effective 60 days from enactment and be ap-
plicable to any injury occurring on or after
such effective date, ,
The SPEAKER,. Is there objection to
the request of the gentleman from New
Jersey?
Mr. ESCH. Mr, Speaker, reserving the
right to object-and I shall. not Object-
I think it is time to asj the chairman of
our subcommittee if he would briefiy in-
sert in the RECORD at this point the dif-
ferences between the Senate and the
House versions.
It is Iffy understanding that this bill
passed by a voice vote in the House of
Representatives on May 7, 1074, and that
the amenaments to the bill from the
other body are primary technical.
Mr. Speaker, I will ask that he ex-
plain it to us, if he will.
Mr. DONI,INICK V, DANIELS. Mr.
Speaker, will the gentleman yield?
Mr. ESCH. I yield to the gentleman
from New Jersey.
Mr. DO1VIINICK V. DANIELS. Mr.
Speaker, on May 7, 1974, this House by
an overwhelming voice vote passed the
amendments to the Federal Employees
Compensation Act to modernize and up-
grade compensation benefits to injured
Federal workers. l'hOse revisions were
neceatitafed by changing social and eco-
nomic conditions and by the recommen-
dations of the National Commission on
State Workmen's Compensation Laws.
The amendments contained in this leg-
islation will assure that FECA continue
as a model of efficient and equitable com-
pensation for workers injured in the
scope of their employment.
The bill as passed by the House con-
tains some 27 changes in existing law,
the most principal of which would pro-
vided for continuation of full pay for up
to 45 days where the employees' claim is
uncontroverted, and the disability is re-
lated to traumatic injury; guarantee the
right of an employee to return to his or
her former or equivalent position if re-
covery occurs within 1 year; allow com-
pensation of up to 312 weeks for an
impaired internal or external organ not
specified by statutory schedule; adjust
the Consumer Price Index computation
to make it more responsive to cost-of-
living increases; and make certain
groups, previously excluded, eligible for
cost-of-living compensation increases.
This bill was a culmination of testi-
mony and consultation with all signifi-
cant groups interested in the develop-
ment of enlightened compensation policy,
and the tireless efforts of Mr. Eson, the
ranking minority member of the Select
Subcommittee on Labor, Mr. GAYDOS, and
Mr. DENT in the House, and my very close
friend, Senator HARRISON WILLIAMS,
chairman of the Committee on Labor and
Public Welfare in the Senate.
The amendments made to this bill in
the Senate carry my unqualified en-
dorsement, since they expand the guar-
antee that injured Federal employees
receive the medical services, treatment
and benefits to which they are rightfully
and fairly entitled. For the benefit of my
colleagues, I will outline the additions
made by the Senate, and briefly explain
their rationale:
SENATE AMENDMENTS-JUSTIFICATION
FOUR NEW PROVISIONS
First, expansion of medical services
and facilities: The Senate expanded the
act's definition of "physician" and "med-
ical, surgical, and hospital services and
supplies" beyond the House's addition of
podiatrists by the addition of dentists,
clinical psychologists, optometrists, and
chiropractors.
The addition of these new? categories
is a recognition of the need for special-
ized professional services which should
be available directly to the disabled
worker. Currently, such services are
available only through referral by a
treating or supervising medical doctor.
A similar provision covering clinical
psychologists and optometrists has been
enacted into law-Public Law 93-363-
in connection with the Federal employee
benefits program.
The limitation on chiropractors with
respect to spinal subluxation is similar to
that contained in the medicare provi-
sions of the Social Security Act, as
amended. The committee has made it
clear that it expects the Secretary to
promulgate regulations with respect to
reimbursement for chiropractic services,
and will consult with the Secretary of
HEW, taking into consideration all
studies on chiropractic medicare, both
State and Federal.
Second, compensation for damaged
prosthetic devices: The present statute
does not reimburse Federal employees
for loss of personal property due to ac-
cident regardless of the fact that the
same accident resulted in personal in-
jury. The Senate change, and one that
appears equitable under all circum-
stances, would amend the definition of
the term "injury" to include damage to
or total loss of medical braces, artificial
limbs, and other prosthetic devices. It
would require the Government to com-
pensate injured employees for work-re-
lated damage to artificial appliances or
prosthetic devices. However? damaged
eyeglasses and hearing aids would be
replaced or repaired only if the damage
were related to personal injury requiring
medical services-although such per-
sonal injury need not necessarily be re-
lated to an injury of the eye or ear.
It is noted that the scheduled award
provisions of the act would not apply
to such damage or loss.
Third, coverage of employees on Fed-
eral juries: The Senate amended the
House version further to extend coverage
to include all otherwise eligible Federal
employees who are disabled, or killed
while serving as Federal grand or petit
jurors. It is intended that this coverage
would be applied as if the juror were an
employee on a special mission as part
of-and an extension of-Federal em-
ployment.
The Department of Labor has rejected
all such claims for compensation filed by
Federal jurors regardless of their regu-
lar employment on the basis that Fed-
eral jurors do not come within the pres-
ent statutory definition of Federal em-
ployees. It appears that at least to the
extent that the Federal jurors are also
regular Federal employees, this is an
unfair result to those individuals per-
forming a vital civic function.
In addition, the Judicial Conference of
the United States adopted a resolution
in March 1974 calling for the coverage of
all persons serving as Federal jurors; we
have taken a lesser step by covering only
Federal employees in this capacity.
Fourth, Peace Corps volunteers: Since
the last amendment to FECA in 1966, the
Peace Corps has recognized a third cate-
gory of volunteers, generally referred to
as the head of household volunteer (22
U.S.C. 2504(c) ) . A head of household
volunteer receives a readjustment al-
lowance of $125 per month, the same
figure as the volunteer leader receives.
However, at present he or she is com-
pensated under the FECA for disability
payments at the same rate as an ordi-
nary volunteer. This change would bring
consistency in the application of dis-
ability benefits based on monthly earn-
ings. Accordingly, this revision would
"deem" head of household volunteer the
same as volunteer leaders "to be receiv-
ing monthly pay" at GS-11 rates.
I urge the Members of this body to
support the Senate changes incorporated
into H.R. 13871. Each Member can be
satisfied that this bill will advance the
cause of fair and progressive compen-
sation for our injured Federal workers.
Mr. ESCH. Mr. Speaker, I would like
to ask the chairman of the subcommit-
'
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Au tst 19,
tee, t tlentan from Drew-Jersey (Mr.
Dos:32M( V. Donets) asettestion in re-
view, and I simply mutt to clarify my
understanding and the gentleman's un-
derstanding that with respect to our pur-
pose in extending coverages to specific
services such as chirOpraetie services, the
treatment of the patient ts Limited to ab-
normal subluxation of the spine. While
this bill would make such services di-
rectly available to the patient, such
availability is subject to regulators by
the Secretary. Is that correct? Is that
the understanding of the gentleman?
Mr. DOMINICK V. DANIEL& Thai; is
my understanding.
Mr. ECR. That in terms of these spe-
cific services they are subject to the
same regulations under medicare and
medicaid, and can be determined to be
helpful in the treatment of the patient's
condition
Mr. DOMINICK V. DANIELS. The an-
swer to that question is yes, also; the
understanding of the gentleman is cor-
rect.
Mr. E13CH. Mr. Speaker, continuing
the reservation of objection, this bill is
a major step forward in the coverage of
Federal elnployees in that it removes a
major trietquity, but the amendments
passed be the Senate are acceptable not
only to the members of the committee
on this aide of the aisle, but there is also
indication that they are acceptable to the
Office of Management and Budget, and
to the Department of Labor.
Mr. ROUSSELOT, Mr. Speaker, will
the gentleman yield?
Mr. MM. I yield to the gentleman
from California
Mr. ROTJSSELOT. Mr. Speaker, how
much does this cost. I would ask the gen-
tleman from Michigan?
Mr. ESCH. I would say to the gentle-
man from California that the additional
figures stemming from the mnendments
of the Senate I do not believe we know,
we do not have a specific price on those,
but they *over inequities.
Let me give the gentleman an illustra-
tion: Depending if you are the head of a
household, a Peace Corps volunteer, you
are covered by Federal employee com-
pensation, and this corrects the inequity
where all Peace Corps volunteers would
not be covered, the leader would be cov-
ered, so that it corrects an inequity such
as that. And the same correction covers
an extension of the services related to
coverages, for example, on eyeglasses., if
they are damaged while you are under
employment and injured in Federal era-
ployment, then your eyeglasses would be
covered.
Mr. DOMINICK V. DANIELS. If the
gentleman will yield, I have just been
handed a copy Of the report by the staff
covering the Senate amendments. I
understand the annual cost of amend-
ments added by the committee is esti-
mated as follow: $25,000 for coverage of
Federal emplopes serving as Federal
jurors; $10,000 for coverage of the new
classification of Peace Corps volunteers;
and $504300 for replacement or repair of
damaged prosthetic devices and appli-
ances.
Mr. ESCH. So the annual cost in sum-
mary would be less than $100,000?
Mr. DOMINICK V. laANIELS. $85,000.
Mr. ROUSSELOT. Less than $100,000.
If the gentleman will yield further,
the overall cost of the whole bill is how
much?
Mr. ESCIL The bill as originally passed
hi the House Of RepretentatiVea with the
alditional coverage would be in the
n eighborhood of $50,000 to $60,000.
Mr. DOMINICK V. DANIms3 If the
gentleman will yield. I understand the
costs to be al follows: $1 million for
fiscal year ending June 30, 1974; e3,-
717,629 for the fiscal year ending June 30,
1975; $8,266,919 for (he fiscal year end-
lag June 30, 1976; $10,283,961 for the
fiscal year ending June 30, 1977; $12,-
7.35,069 for the fiscal year ending June 30,
1973; and $15,886,433 for the fiscal ytar
ceding June :30, 1979.
Mr. ESCH. I would say to the gent:e-
ii an from California that this is not
the addition passed by the Senate; this
is the bill as passed by the House which
ould include this amount, and this
would be over a 5-year period.
Mr. ROUSSELOT. Over a 5-year peel-
01, and the almost but not quite $100,000
add-on passed by the Senate would be
eel an annual basis?
Mr. ESCH. On an annual basis.
The SPEAKER. Is there objection to
the request of the gentleman from New
,rsey ?
There was no objection.
The Senate amendments were con-
curred in.
A motion to reconsider was laid on
ti Le table.
ASA'S REJECTION OF RESOLUTION
CALLING FOR ABOLITION OF
HOUSE COMMITT SE ON INTERNAL
SECURITY
(Mr. ICHORD aged and was given
permission to address the House for
1 minute and to revise and extend his
it marks.)
Mr. 'CHORD. Mr. Speaker, / wish to
cell my colleagues' attention to the
significant vote of the American Ear
A eociation's House of Delegates which
lest Thursday rejected a resolution call-
ii
g for abolition of the House Committee
on Internal Security and transfer of its
jt risdiction to the Judiciary Committee.
This is particularly noteworthy be-
cause you will be called upon in the near
future to consider the House reform
resolutions of Mr. 'Boum and Mrs.
HANSEN which also include provisions for
the transfer of the internal security
jurisdiction either to the Judiciary or
Government Opera tions committees.
The effect in either case would, of coulee,
be the abolition of the Committee on
Internal Security but without assurance
ti at the work would oe effectively con-
timed in another cammittee. The fact
that the same proposal was rejected by
the ABA should be peruasive when the
re solutions are considered by you.
I find that the peoposed resolution
considered by the ABA was primarily a
re statement of the objections to the
Cemmittee on Internal Security which
the gentleman from Massachusetts
aer. DRINAN) has been unsucessfully
advancing for the past 4 years.
First, the resolution insists that the
committee's "primary purposes" is
"exposure for the sake of exposure" and
has no truly. legialetive perpose. To test,
the valtelity of this allegation let me tell
you about -the current v ork of the Com-
mittee on Internal Security and let you
judge whether the committee is engaged
in aimless er improper investigations.
During bids session of the 93d Congrese
the committee has thus far held 22 days
of hearings on the subject of terrorism?
which are simply orb es al acts for polit-
ical purposes. No one who reads the
papers can deny that tnis is a new and
frightening internal security problem
fully justifying the attention of the Con-
gress, which itself has been the object,
of terrorist attacks. A committee start
study emphasizing the transnational
aspects of terrorism ant: the first volume
of the committee's teiroristn hearings
should be available for your review
within the next several weeks. Whether
these hearirgs will lead to specific leg-
islation or recommendations for execu-
tive branch action is a matter I am. of
course, explering at this_ time.
Organizathns in the United States
which have been involved in terrorist
acts or which support such acts "when
the time is ripe" are identified in the
staff study. I do not consider this
"exposure for the sake of exposure," but
rather as an essential part of an exami-
nation of the problems of terrorism.
Terrorist aae are, after all, perpetrated
by individuals who are usually respond-
ing to the propaganda of their revolu-
tionary orgaaizations.
You will also recall Clot the Speaker.
and others in the House leadership as
well as the Select Committee on Com-
mittees, have emphasized the necessity
for the committees of the House to exer-
cise their oversight responsibilities. This
has been described as of equal impor-
tance to actual legislation, a view with
which I entirely agree. I submit that the
Committee en Internal :Security is effec-
tively exercising this oversight function
in the course of its other current hear-
ings dealing with the internal security
work of the executive branch and which
to date have focused primarily on the
Federal Bureau of Investigation. These
hearings are timely, necessary and satis-
fy an important legislative purpose.
Second, the proposed ABA resolution
asserted that the internal security func-
tions of the Congress would be "more
appropriately served by other more re-
sponsible committees," and in support
thereof claimed that time work of the
Committee on Internal Security during
the first session of the e3d Congress re-
lating to the involvement of revolu-
tionary groups in prison unrest was un-
necessary because the Judiciary Cone-
raittee had earlier found no substance to
such allegations.
. The facts are that the, Judiciary Com-
mittee received the allegations during
the, course Of heretetlea 011 Pa= Mferne
but made no effort to investigate them
and rather clearly exhibited no desire
to do so. It was only after I had satisfied
myself that neither the Judiciary Corn-
naittee nor any other committee of the
Congress had examined this problem
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and to formulate recommendations for
changes..
"ARTICLE VU--Other Arrangements
'''Nothing in this Agreement shall be con-
strued to prevent or inhibit other arrange-
ments or practices of any party State or
States to facilitate the interchange of educa-
tional personnel..
"ARTICLE VI1T?Effect and Withdrawal
"1. This Agreement shall become effective
when enacted into law by two States. There-
fore it shall become: effective as to any State
upon its enactment; of this Agreement.
"2. Any party State may withdraw from
this Agreement by enacting a statute repeal-
ing the same, but no such withdrawal shall
take effect until one year after the Governor
of the withdrawing State has given notice
in writing of the withdrawal to the Gover-
nors of all other party States.
"3. No withdrawal shall relieve the with-
drawing State of any obligation imposed
upon it by a contract to which it is a party.
The duration of contracts and the methods
and conditions of withdrawal therefrom
shall be those specified in their terms.
"ARTICLE IX?Construction and Sever-
ability
"This Agreement shall be liberally con-
strued so as to effectnate the purposes there-
of. The provisions of this Agreement shall
be severable and if any phrase, clause, sen-
tence, or provision of this Agreement is de-
clared to be contrary to the constitution of
any State or of the United States, or the
application thereof to any Government,
agency, person, or circumstance is held in-
valid, the validity of the remainder of this
Agreement and the applicability thereof to
any Government, agency, person, or circum-
stance shall not be affected thereby. If this
'Agreement shall be held contrary to the con-
stitution of any State participating therein,
the Agreement shall remain in full force and
effect as to the State affected as to all sev-
erable matters."
SEC. 102 The "designated State official,"
for the District of Columbia shall be the
Superintendent of Schools of the District
of Columbia. The Superintendent shall en-
ter into contracts pursuant to Article III of
the Agreement only with the approval of the
specific text thereof by the Board of Educa-
tion of the District of Columbia.
SEC. 103. True copies of all contracts made
on behalf of the District of Columbia pur-
suant to the Agreement shall be kept on fil
In the office of the Board of Education
the District of Columbia and in the o e
of the Commissioner of the District of o-
lumbia. The Superintendent of Schools hall
publish all such contracts in cony lent
form.
SEc. 104. As used in the Interstat Agree-
ment on Qualification of Educati al Per-
sonnel, the term "Governor" whe sed with
reference to the District of Col mbia shall
mean the Commissioner of th District of
Columbia.
TITLE II?PRACTICE OF P YCHOLOGY
ACT AMEND TS
SEC. 201. This title ma be cited as the
"Practice of Psychology ct Amendments".
SEC. 202. The Practic of Psychology Act
(84 Stat. 1955) is ame ed as follows:
(1) Subsection ((i) f section 13 of such
Act (D.C. Code, sec. -492(C)) is amended
to read as follows;
"(C) Any person ggrieved by a final de-
cision or a final optier of the Commissioner
Under Subsection (B) of this section may
seek review of s h decision or order in the
District of Cohfmbia Court of Appeals in
accordance witjs the District of Columbia
Admlnistrativq Procedure Act.".
(2) Subsec on (D) of section 13 of such
-Act (D.C.. Cjlde sec. 2-492(D) ) is amended
to read as follows:
"(D) In hearings conducted pursuant to
subsection (B) of this section, the Com-
missioner may administer oaths and af-
firmations, and may require by subpena or
otherwise the attendance and testimony of
witnesses and the production of such books,
records, papers, and documents as he may
deem advisable in carrying out his func-
tions under this Act. In the case of contu-
macy or refusal to obey any such subpena
or requirement of this subsection, the Com-
missioner may make application to the Su-
perior Court of the District of Columbia for
an order requiring obedience thereto. There-
upon the court, with or without notice and
hearing, as it in its discretion may decide,
shall make such order as is proper and may
punish RS contempt of court any failure to
comply with such order.".
(3) Section 14 of such Act (D.C. Code, sec.
2-493) is amended by amending the second
sentence to read as follows:
"Prosecutions shall be conducted in the
name of the District of Columbia in the
Superior Court of the District of Columbia'
by the Corporation Counsel or any of nts
assistants.".
(4) Section 15 of such Act (D.C. Cod
2-494) is amended by striking out
States District Court for the Di
Columbia" and inserting in lie
"Superior Court of the District
bia".
(5) Section 8 of the Practice
Act (84 Stat. 1956), is ame
follows:
"SEC. 8. (a) Notwiths
provision of this Act, a 1
without examination t any applicant who
is of good moral char ter, who, at any time
during the twelve- nth period preceding
the effective date the Practice of Psy-
chology Act, main med a residence or office,
or participated 1 psychological practice ac-
ceptable to the ommissioners, in the Dis-
trict of Colu ia. and who, within one year
after the eff tive date of the Practice of
Psychology et, submitted an application
for license ccompanied by the required fee,
and who lds?
"(1) doctoral degree in psychology or
forty- e credit hours taken subsequent to a
bach rs degree in courses related to
psy ology, from accredited colleges or
un ersities, and has engaged in psychological
p ctice acceptable to the Commissioner for
least two years prior to the filing of such
pplication pursuant to this Act; or
"(2) a master's degree in psychology or
twenty-four credit hours taken subsequent
to a bachelor's degree in courses related to
psychology, from accredited colleges or uni-
versities, and has engaged in psychological
practice acceptable to the Commissioner for
at least seven years prior to the filing of such
application pursuant to this Act.
"(b) For purposes of subsection (a) of this
section, the term?
"(1) 'courses related to psychology' means
any combination of the following behavioral
science courses not necessarily in one de-
partment of one school: human develop-
ment, education, educational psychology,
guidance, counseling, guidance and counsel-
ing, vocational counseling, school psychology,
school guidance, family counseling, counsel-
ing and psychotherapy, special education,
learning disabilities, anthropology, sociology,
human ecology, social ecology, rehabilitation
counseling, group counseling and psycho-
therapy, or any substantially similar field
of study acceptable to the Commissioner; and
"(2) 'psychological practice acceptable to
the Commissioner's includes any job in
which the job title or description contains
any term acceptable to the Commissioner,
or any of the following terms: psychologist,
psychotherapy, group therapy, family
therapy, art therapy, activity therapy,
psychometry, measurement and evaluation,
psychodiagnosis, pupil personnel services,
, sec.
nited
net of
thereof
f Colum-
f Psychology
ed to read as
ding any other
nse shall be issued
S 14693
counseling and guidance, special education,
rehabilitation, or any job in which the per-
son or organization was recognized or reim-
bursed under public or pr ate health in-
surance programs by reasor of being engaged
in psychological practice
SEC. 203. The amend
graphs (1) through (4
title shall take effect
filed after the date
title for review of
nts made by pare-
of section 202 of this
th respect to petitions
f the enactment of this
ecisions or orders.
TITLE III?D TRICT OF COLUMBIA
UNEMPLOY ENT COMPENSATION ACT
AMENDM TS
SEC. 301./4'he District of Columbia Unem-
ploymen 'Compensation Act is amended as
follows ?
(1) iection 3(c) (10) of such Act (D.C.
Cod( sec. 46-303(c) (10) ) is amended by
str ing out the last three sentences and
erting in lieu thereof the following new
entence: "The employer shall be promptly
notified in writing of the Board's denial of his
application or of the Board's redetermination..
An employer aggrieved by the Board's deci-
sion may seek review of such determination
In the District of Columbia Court of Appeals
In accordance with the District of Columbia
Administrative Procedure Act.".
(2) Section 12 of such Act (D.C. Code, sec.
46-312) is amended to read as follows:
"SEc. 12. Any person aggrieved by the
decision of the Board may seek review of such
decision in the District of Columbia Court of
Appeals in accordance with the District of
Columbia Administrative Procedures Act.".
SEC. 302. The amendments made by sec-
tion 302 of this title shall take effect with
respect to petitions filed after the date of
enactment of this title for review of decisions
or orders.
The amendment was agreed to.
The amendment was ordered to be en-
grossed and the bill to be read a third
time.
The bill was read the third time, and
passed.
The title was amended so as to read:
"An Act to authorize the District of Co-
lumbia to enter into the Interstate Agree-
ment on Qualification of Educational
Personnel, and to amend the Practice of
Psychology Act and the District of Co-
lumbia Unemployment Compensation
Act."
FEDERAL EMPLOYEES' COMPENSA-
TION AMENDMENTS OF 1974
The Senate proceeded to consider the
bill (H.R. 13871) to amend chapter 81 of
subpart G of title 5, United States Code,
relating to compensation for work injur-
ies, and for other purposes, which had
been reported from the Committee on
Labor and Public Welfare with amend-
ments on page 1, in line 3, strike out
"(2) " and insert in lieu thereof "(1) ".
On page 1, in line 4, strike out "insert-
ing ", podiatrists," after "surgeons"." and
insert in lieu thereof the following lan-
guage:
inserting "and" after the semicolon on sub-
section E(iv) and adding a new paragraph
(F) as follows:
"(F) an individual selected pursuant to
chapter 121 of title 28, United States Code,
and serving as a petit or grand juror and who
is otherwise an employee for the purposes
of this subchapter as defined by paragraphs
(A), (B), (C), (D), and (E) of this sub-
section.".
(b) Section 8101(2) of the Act is amended
by inserting ", podiatrists, dentists, clinical
psychologists, optometrists, chiropractors,"
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after "surgeons", and adding after the words
'State law" a period, and the following: ''The
term 'physician' includes chiropractors only
to the eXtent that their reimbursable services
are limited to treatment consisting of manual
manipulation of the spine to correct a sub-
Luxation as demonstrated by X-ray to exist,
and subject to regulation by the Secretary".
On page 2, in line 13, strike out "(b)"
and insert in lieu thereof "(C)"
On page 2, in line 14, strike out "podia-
trists," after "supplies by"." and insert
in lieu thereof the following language',
"podiatrists, dentists, clinical psychologist,
optometrists, chiropraetors," after "supplies
by", and by inserting before the semicolon
". Relneounsable chiropractic services are
limited to treatment consisting of manual
manlpulatlen of the spine to correct a sub-
luxation as demonstrated by X-ray to ,exlst,
and subject to regulation by the Secretary".
(d) Sect;ion 8101(5) of the Act is amended
by inserting before the semicolon ", and dam-
age 90 Or destruction of medical braces, arti-
ficial limos, and other prosthetic devices
which shall be replaced or repaired, and such
time lost while such device or appliance is
being replaced or repaired; except that eye-
glasses and hearing aids would not be re-
placed, repaired, or otherwise compensated
for, unlesr the damages or destruction is in-
cident to a personal injury requiring medical
services".
On page 3, in line 5, strike out "(e)"
and insert In lieu thereof "(e) ".
On page 3, in line 11, strike out ' (d) -
and insert in lieu thereof "(f) ".
On page 3, in line 15, strike out "back."
and insert in lieu thereof "back; and".
On page 3, in line 22, insert the follow-
ing new language:
(g) BectiOn 8101(1) (D) is amended by de-
leting the word "and" after the semieolon.
On page 3, in line 24, after "See. 2."
Insert " (a) ".
On page 5, at the beginning of line
16, insert "other".
On page 5, in line 25, after the semi-
colon, insert "or".
On page 7, in line 3, strike out "which"
and insert in lieu thereof "without"
On page 8, in line 6, strike out "ends."
and insert in lieu thereof "ends."
On page 8, beginning at line 7', in-
sert the following new language:
"(d) If a claim under subsection (a) is
denied by the Secretary, payments under this
section shall, at the option of the employee,
be charged to sick or annual leave or shall
be deemed overpayments of pay with .n the
meaning of section 5584 of title 5, United
States Cede.
"(e) Payrnents under this section shall not
be considered as compensation as defined by
section 8101(12) of this title."
On page 13, in line 19, strike out "and"
and insert in lieu thereof "or".
On page 13, in line 20, after the word
"if" insert the word "no".
On page 15, in line 7, strike out "8164"
and insert in lieu thereof "8146a".
On page 16, in line 20, strike out "an-
nuity computation under the civil serv-
ice retirement provisions,".
On page 17, in line 5, strike out "com-
pensation," and insert in lieu thereof
the folkwing language:
compensation or from the time compensa-
hie disability recurs if the recurrence be-
gins after the injured employee resumes reg-
ular full-time employment with the United
States,
On page 17, beginning at line 23, insert
the following language:
(c) Section 3315a of title 5, United States
Cede, is repealed upon the effective date of
this section.
On page 18, in line 1, after "Sec. 23."
insert "(a) ".
On page 18, 'beginra ng in line 3, insert
the following new language:
(b) - Section 8142(c) .:2) of the Act is
amended by adding after "Title 22" the
phrase ", or a volunteer with one or more
minor children as defined in section 2504 of
tiele 22,"
On page 19, beginning at line 22, in-
sert the following new language:
SEC. 28. (a) Except as otherwise provided by
this section this Act shall take effect on the
date of enactment and be applicable to any
injury or death occurring on or after such ef-
fective date. The amendments made by sec-
tions 1 (b) and (a), 2, 8, 7 (a) and (b), 8 (a)
arid (b), 9, 16 (a'; and (b i, 17, 19, 20, 21, 22, 24,
and 25 shall be applicable to cases where
the injury or death occurred prior to the date
ol enactment but the provisions of these sec-
tions shall be applicable only to a period be-
ginning on or after the date of enactment.
(b) Section 11 of this, Act shall become ef-
fective 60 days from enactment and be ap-
plicable to any injury occurring on or after
such effective date.
Mr. WILLIAMS. Mr. President, I rise
to support HR. 13871, a bill which will
amend the Federal Employees' Compen-
sation Act, and improve the system by
which we provide benefits to those who
have been injured er disabled in the
course of their employment with the
Federal Government.
The Federal Employees' Compensation
Act, FECA, was created some 58 years
ago, and was last amended in 1966. Since
that time, there has been a growing
awareness and interest in the field of
workers' compensation generally. Such
attention is welcomed, but is long over-
due.
As a result of a requirement con-
tamed in the Occupational Safety and
Health Act of 1970 (P.L. 91-596) , a
study was commissioned to review the
adequacy of existing provisions of the
various State workers' compensation
programs. When the comprehensive
findings of the National Commission on
State Workmens' Compensation Laws
were released in July 1972, the public
was made aware of the many inequities
and inadequacies which the existing sys-
tems have allowed to foster. Although
the National Commission focused its
attention on State systems, many of its
recommendations were found applicable
to deficiencies in the program admin-
istered for Federal employees, and have
therefore been incorporated into this
bill.
H.R. 13871 as amended by the Com-
mittee on Labor and Public Welfare
makes over e0 changes in the existing
In addition to the many procedural
and technical changes accomplished by
the bill, several highly innovative provi-
!eons have been introduced.
CONTINUATION OF PAT
Under current law, compensation is
paid from the date wage loss begins,
subject to the statutory waiting period.
However, notice of iniur3r and claim
forms must be submiteed for review and
adjudication by the Secretary of Labor
before payment is certified to the U.S.
Treasury. Consequently, the employee
often suffers a delay in income. This fact
was borne out vividly by a special Gen-
eral Accounting Office report which
noted that the delay averaged between
49 to 70 days. In addition to causing
difficult administrative problems for the
Secretary of Labor and the employing
agencies, such a delay creates severe
economic hardship on the injured em-
ployee and his or her family.
To remedy this situation, the bill au-
thorizes the employing agency to con-
tinue payment of an employee's pay
where the employee files a claim under
the act related to a traumatic injury,
and provides that the pay shall con-
tinue, unless the claim controverted, for
a period of up to 45 days. In the event a
claim is controverted, tie employee may
utilize either accumulated sick leave, an-
nual leave, or have an adjustment made
to regular pay as an overpayment in ac-
cordance with existing law.
The intent of this "continuation of
pay" provision is not to increase the
amount of net income for the period im-
mediately following the filing of a claim
related to work-connected traumatic in-
jury, but to eliminate interruptions in
the cash flaw for the employee. Any
amounts received under this provision
would be subject to the same deductions,
withholdings, and taxes that such pay-
ments would have incurred had the em-
ployee been receiving his or her regular
salary or wages.
JOB RETENTION RIGHTS
A second key provision assures Federal
employees, including those of the United
States Poste]. Service, who are injured on
the job and receiving disability compen-
sation, that during their period of dis-
ability they will incur no loss of benefits
which they would have received absent
the injury or disease. It permits an in-
jured employee to return to his former
or equivalent position if he recovers
within 1 year from the date compensa-
tion begins, or 1 year from recurrence
of that same injury or disease. For those
employees whose disability extends be-
yond 1 year, the employing agency or
department is to grant priority in em-
ployment to the injured worker.
EXPANSION' or SERVICES AND FACILITIES
The bill will also permit injured em-
ployees a choice of private physicians
and medical facilities, as well as the con-
tinued use of the available Federal facil-
ities. This freedom of choice is in accord-
ance with the recommendations of the
National Commission on State Work-
men's Compensation Laws. Under exist-
ing law, an injured worker is required to
make use of available 17.S. facilities such
as the Public Health Service, and Veter-
ans' Administration hospitals for medi-
cal services; private physicians desig-
nated by the Secretary may be used only
if the Government facilities are not oth-
erwise available.
The act's definitions of "physicians"
and "medical, surgical, and hospital
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vost 12, 1974 CONGRESSIONAL ittCORD ? SEN
services and supplies" have been ex-
panded to include dentists, clinical psy-
chologists, optometrists, podiatrists, and,
to a limited extent, chiropractors.
These additional categories are a rec-
ognition of the need-for specialized pro-
fessienat services which should be avail-
able directly to the disabled worker. Cur-
rently, such services are available only
through referral by a treating or super-
vising Medical doctor. A similar provi-
sion covering clinical psychologists and
optometrists has been enacted into law
(P.L. 93-363) in connection with the
Federal employee benefits program.
This expansion of medical services is
a recognition that injured workers de-
sire a wider range of medical treatment,
and that Federal employees' compensa-
tion should allow such choice.
COMPENSATION FOR PROSTHETIC DEVICES
? Under existing law, no compensation
Is generally paid With respect to loss of
personal property due to accident, re-
gardless of the 'feet that the accident re-
sulted in persmial injury. Nonreimburs-
able personal property has included
such items as artificial limbs and other
prosthetic devices.
The bill would amend the definition
of the term "injury" to include damage
to or destruction of medical braces, ar-
tificial limbs,, and other prosthetic de-
vices. It will require the Government to
compensate injured employees for dam-
age to artificial aPpliances or Progthetic
devices, as well as for any time lost
While such device or appliance is being
replaced or repaired. A prosthetic device
would be considered a part of the body
for all intents and purposes-of this act,
and the Secretary would be required to
reimburse an erriPloyee for the loss or
damage to such device if caused by an
employment-related incident or series of
incidents.
BENEFITS TO smtvivmc SPOUSE
The bill will also reallocate benefits
to surviving spouses by increasing their
share generally by 5 percent. The present
benefit ceiling_ of 75 percent of the de-
Ceased employee's 'earning is maintained;
that is, the existing maximum a family
May receive in the aggregate is un-
changed. The amendment will increase
the benefits for a widow or widower with-
out eligible dependent children from 45
to 50 percent. If the surviving spouse has
a dependent child, the widow's or wid-
ower's share will be increased from 40
to 45 percent, with an addiitonal 15 per-
cent for each child up to a combined
maximum total of 75 percent.
I believe that the additional benefits
provided by this bill will alleviate some
of the existing inadequacies now being
accorded to surviving spouses. However,
I would like to call attention to a recom-
niendation of the National Commission
on State Workmen's Compensation Laws
which urges that a widow or widower
receive 66% percent of the weekly wage
of the deceased.
As the National Commission pointed
out:
Work-related deaths account for less than
one percent Of an workmen's coirmensatiOn
claims and less than 10 percent of all bene-
fits. As the ultiinate tragedy, work-related
death deserves full compensation. The infre-
quency of death claims permits payment of
substantial death benefits at a relatively
small cost in the total budget of a modern
workmen's compensation program.
According to the latest Department of
Labor statistics, FECA benefits amounted
to approximately $250 million. If the
maximum aggregate family ceiling of 75
percent were retained, the cost of imple-
menting the National Commission's rec-
ommendation would represent just a 3.8-
percent increase over the total FECA
payments.
Currently, there are 4,100 surviving
spouses without eligible children who are
collecting FECA benefits. There are also
700 spouses, each with one eligible child,
and 500 spouses each with two or more
children whose benefits would be in-
creased by such a change.
The average case is now receiving
$4,418 per year. Based on the latest
average wage base?$9,400--of -all such
claimants, the actual proportion of com-
pensation received is only 47.5 percent
of the decreased employee's wages. With
the adoption of the National Commis-
sion's recommendation the average pay-
ment would be increased by $1,650 to
$6,068 per year.
I would hope that the Department of
Labor will seriously consider the feasi-
bility of such an adjustment.
COVERAGE OF FEDERAL JURORS
The act has been amended so that
coverage will include all otherwise eli-
gible Federal employees who are dis-
abled or killed while serving as Federal
grand or petit jurors. It is the intent of
this provision to apply coverage on the
same basis as if the juror were an em-
ployee on a special mission as part of his
Federal employment.
The Department of Labor has rejected
all such claims for compensation filed by
Federal jurors regardless of their regular
employment on the basis that Federal
jurors do not come within the present
statutory definition of Federal em-
ployees. We believe that the existing sit-
uation is unfair to those who are per-
forming such a vital and important civic
duty. Furthermore, the committee rec-
ognizes and concurs with the resolution
of the Judicial Conference of the United
States, adopted March 1974, which calls
for the coverage of all persons serving
as Federal jurors. I would urge that such
action be considered in conjunction with
the matter of Federal juror compensa-
tion now being studied by the Senate
Judiciary Committee.
VOCATIONAL REHABILITATION
H.R. 13871 will permit the Secretary of
Labor to continue the compensation rate
without reduction as an inducement for
partially disabled workers to enter into
approved programs of rehabilitation so
that they may eventually return to work
and leave the compensation rolls. Present
law requires a reduction in compensa-
tion when a Federal employee's disability
changes from total to partial. This prac-
tice works a hardship on those workers
who are enrolled, or who would like to
enroll, in a vocational rehabilitation pro-
gram. I am hopeful that the bill will
be used in a manner which promotes the
concept of vocational rehabilitation to
the maximum extent possible.
OTHER PROVISIONS
Other provisions of the bill will: allow
compensation of up to 312 weeks for an
impaired external or internal organ not
specified by the statutory schedule; ad-
just the Consumer Price Index computa-
tion in order to make it more responsive
to cost-of-living increases; make certain
previously excluded groups eligible for
cost-of-living compensation increases.
Further, the bill will: Provide addi-
tional compensation for wives with de-
pendent husbands; increase the monthly
allowance for the service of attendants
for disabled workers from $300 to $500;
eliminate the requirement for Federal
review of benefit levels when participants
reach age 70; permit employees or sur-
vivors to receive benefits from both VA
and FECA as long as the claim is not for
the same injury; reduce from 21 to 14
days the minimum length of disability
required to waive the exclusion of com-
pensaton for the first 3 days of disabil-
ity; lengthen the time for notice of in-
jury from 48 hours to 30 days; permit
Federal agencies to obtain claims forms
directly from the Government Printing
Office rather than the Department of
Labor; extend the statute of limitations
from 1 to 3 years; ,expedite procedures
-for the recovery of benefits by the Fed-
eral Government in case of third-party
liability; permit death benefits to exceed
the monthly pay of the deceased em-
ployee if the excess is created by author-
ized cost of living adjustments; provide
$200 to the representative of the de-
ceased employee to cover administrative
costs necessary to terminate the dece-
dent's status as a Federal employee; per-
mit the Secretary to discharge compen-
sation liability by lump sum payment if
the monthly payment is under $50?
formerly $5?provide for the use of im-
proved actuarial tables; require the U.S.
Postal Service to contribute to the em-
ployees' compensation fund with respect
to administrative costs, and will increase
the act's compensation rate for Head of
Household Peace Corps Volunteers to
that of volunteer leaders.
In view of the continuing interest in
improving workers' compensation at
both the State and Federal level, the bill
requires the Secretary of Labor to con-
duct a broad-based review of the Fed-
eral employees' compensation program
Which will, among other things, include:
First, the level and distribution of sur-
vivors' benefits in order to determine the
most equitable method of providing com-
pensation to the family of a deceased
employee, including consideration of an
approach based on a spendable earnings
concept; second, the adequacy of sched-
uled awards; third, the feasibility of in-
cluding disabilities involving the heart.
brain, and back in a system of scheduled
compensation; fourth, whether the Sec-
retary of Labor should have discretion-
ary authority to increase maximum
monthly attendant and maintenance
allowances.
It is essential that injured or disabled
employees of all covered departments
and agencies, including those of the U.S.
Postal Service, be treated in a fair and
equitable manner. The Federal Govern-
ment should strive to attain the position
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S 1406 CONGRESSIONAL RECORD ?SENATE August 12 14574
of being a model employer. Enactment
of these amendments Will' do much to
achieve that goal.
In view of the broad-based support of
this bill by the Department of Labor
and by all concerned erriPloiee organiza-
tions, as well as the bipartisan and unan-
imous action of the committee, I would
urge -colleagues to vote in favor of these
muciantecied and deeply humane
amendments.
Mr. JAVITS. Mr. President, the Federal
Employees' Conipeasation Act has not
been amended since 1966. During the past
8 years, a number of econemic and ad-
ministrative developments have made it
necessar,e to update and revise our pro-
gram of compensation benefits for In-
jured Federal workers. I feel this new
legislation, H.R. 13871, as amended by
the Senate Committee on Labor and Pub-
lic Welfare, meets those changing condi-
tions and will insure the continuance of
the FECA as a model of efficient and
equitable compensation for workers in-
jured in the Peformance of their duties.
I congratulate the House and especially
Mr. Damns, the distinguished chairman
of the House Select Subcommittee on
Leber. arid the ranking minority member
of that subcommittee, Mr. ESCH, for such
an excellent Piece of legislation. The bill
has had the strong Support a the Depart-
ment of Labor, and the concerned em-
ployee organizations.
It is niy belief that the amendments
to H.R. 13871 adopted by the Senate
Committee on Labor and Public Welfare
will further strengthen the bill and tie
up a few loose ends,
I would like to highlight briefly some
of the major provisions of the bill passed
by the House and reported by our com-
mittee. The bill authorizes the employ-
ing agency to continue an employee's pay
for a period not exceeding 45 days, where
the =pewee files a claim under the set
based on a traumatic injury.
The bill further helps to assure that
Federal employees, including those of
the U.S. Postal Service, who are injured
on the joa and return to Federal employ-
ment within 1 year, that during their pe-
riod of disability they will incur no Icss of
benefit that they would have received
absent the injury or disease. Addition-
ally, it provides a guaranteed right to
an Injured Federal employee to return
to his former or equivalent position if he
recovers within 1 year. H.11. 13871 also
permits continuation of benefits, at the
total c,onipensation rate, to those workers
who recover seeergently to enter an ap-
proved program of vocational rehabilita-
tion.
The bill extends the time for filing for
disability compensation from 1 to 3 years,
and eliminates the 5-year waiver provi-
sion. Provision is made for equal treat-
ment of surviving widows aticl widowers,
eliminating the artificial differences in
entitlement between husbarid and wile.
The bill eliminates the requirement that
the Office of Workers' Compensation
Program reassess an individual's com-
pensatior and possibly reduce it when he
reaches O. Also, survivors' benefits are
increased by 5 percent.
Progressive new developments such as
these are necessary to maintain the act
as a model workers compensation law.
In fact, the recommendations of the Na-
tional Commission on State Workmens'
Compensation Laws were used es a guide
in preparing these senendments to the
att.
Now, I would like to describe the non-
technical changes made in E.R. 13871 by
cur committee.
The House-passed bill, in addition to
permitting the employee a choice of fa-
cilities and physicians, adds podiatrists
to the list of authorized physicians and
available services. The committee ex-
panded upon this definition to Include
rot only podiatrists, but also dentists,
clinical psychologists, optometrists, and
chiropractors subject to certain limita-
tions. The services of chiropractors will
be limited to manual manipulation of the
spine. These additional categeries reflect
a recognition of the need for specialized
professional services which should be
available directly to the disabled worker.
Currently, such services are available
only through referral by a treating or
supervising medical doctor.
Generally speaking, under existing law,
no compensation is paid with respect to
the loss of personal property due to an
accident even if the same accident re-
anted in personal im'ury. Nonreimburs-
able personal property includes such
Items as artificial limbs and other pros-
thetic devices. The committee bill
amends the definition of the term "in-
jure" under the act to include damage to
or destruction of medical braces, artificial
limbs, and other prosthetic devices. In
order to make it clear that eyeglasses and
hearing aids are not covered in cases
where such items are accidentally dam-
aged or destroyed under situation not in-
valving Personal injury, the committee
has included language that such devices
will not be replaced, or otherwise com-
pensated for, unless the damage or de-
al ruction is incident to an injury requir-
ing medical services.
The committee bill extends FECA coy-
eeage to all eligible Federal employees
who are killed or injured while serving
ae Federal grand or petit jurors. The in-
tent of this provision is to apply cover-
age on the same basis as if the juror were
an employee on a special mission as part
of his Federal employment.
The Departraent of Labor has rejected
such claims for compensation on the
basis that Federal jurors do not come
within the present statutory definition of
Federal employees, The existing situa-
tion is certainly unfair to those who are
performing such a vital and important
civic duty.
Since the FECA was last amended in
1966, the Peace Corps has recognized
a third category of volunteers, generally
referred to as the Head of Household
Volunteer, IlOal,because he or she serves
with one or more minor ,children. A
11011 Volunteer receives a readjustment
allowance of $125 per month, the same
figure as a Volunteer leader receives.
However, at present he or she is com-
pensated under the FECA for disability
payments at the same rate as an ordi-
nary Volunteer. The committee bill pro-
vi lea consister..ce in. the application of
monthly earnings as the computation
basis for disability. Accordingly, Read of
Household Volunteers will be deemed, in
the same manner as Volunteer Leaders,
to be receiving monthly pay at GS-11
rates.
La conclusion, Mr. President, I believe
that the bill before iv; today Is a well
considered and much needed piece of
legislation. Its enactment will serve to
assure that the Federal Government will
be a model employer in the area of
workers' compensation.
I urge all of ley colleagues to support
this bill.
The amendments were agreed to.
The amendments were ordered to be
engrossed and the bill to be read a third
time.
The bill was read the third time, and
Passed.
JOINT SESSION OF THE TWO
HOUSES TONIGHT
Mr. MANSFIELD. Mr. President, I ask
the Chair to lay before the Senate a
message from the Howe of Representa-
tives on Reuse Concurrent Resolution
594.
The ACTING PRES DENT pro tern-
pore laid before the Senate House Con-
current Resolution 594 which was read
as follows:
H. CON. Rss 594
Resolved bs the House of Representatives
(the Renate concurring That the two
Houses of Congress assert hie in the Hall of
the House of Representetives on Monday,
August 12, 1974, at 9 p.m for the purpose of
receiving suet communications as the Pres-
ident of the United States shall be pleased to
make to them.
The ACTING PRES)DENT pro tern-
pore. Is there objection to the immediate
consideration of the ceneurrent resolu-
tion?
There being no objection, the resolu-
tion was considered and agreed to.
Mr. MANSFIELD. Mr. President, for
the information of the Senate--and I
would hope that the attaches would get
this out on the "hot line"?the Senate
will meet in this Chamber at 8:10 this
evening, for the purpone of going, in a
body, to the Hall of the House of Rep-
resentatives, to hear thi President of the
United States.
A PLEA Fon UNITY
Mr. HUG]! SCOTT. Mr. President. I
ask unanimous consent to have printed
at the conclusion of my remarks the plea
of President Thomas Jefferson for unity,
delivered in his inaugural address on
March 4, 1801.
The ACTING PRESIDENT pro tem-
pore. Without objection it is so ordered.
(See exhibit 1.)
Mr. HUGH SCOTT. e commend it to
my colleagues as a recommendatio:a from
one of our Bounding Fathers, 173 years
ago, on the binding up of the Nation's
wounds and the healing process, so that
those things which have divided us may
be found no longer to affect a strong Na-
tion, united in its objeceves, in search of
Peace and harmony in the world :and at
home.
We have come through some extremely
trying times, and tonight the new Presi-
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r
Atz
2001/08/29 : CIA-RDn5BcomBefaim300003-5 [..] SECRET
ROUTING AND RECORD SHEET
SUBJECT: (Optional)
H.R. 13871
FROM:
OLC
7D35
EXTENSION
6136
NO.
DATE
8 May 1974
TO: (Officer designation, room number, and
building)
DATE
OFFICER'S
INITIALS
COMMENTS (Number each comment to show from whom
to whom. Draw a line across column after each comment.)
RECEIVED
FORWARDED
.
OGC
1G
Attached is the Committee
Report on H. R. 13871, "Federal
Employees Compensation
Amendments, " which clears the
bill for House floor vote.
According to our records, a
copy of the reported out bill
has been sent to your office. *
Suggest you review since
STATIN
passage by the Congress is
probable in the near future.
Assistant Legislative Counsel
Attachment
*OCC, IG, and OMS were
sent copy along with buckslip.
TI2- OMS
DDM&:S Attn:
?
.
.
?
.
10.
11.
12.
13.
14.
15.
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To: LLM
We have done nothing other than
sending OMS and Personnel, OGC, and
IG a copy of the bill.
There is a call for the House Report.
We will send to above offices when
received, with a special alert since
chances of passage appear good. -
PLC
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