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HR 8822

Federal Workers’ Compensation Integrity and Care Act

119th Congress Introduced by Ryan Mackenzie and 1 co-sponsor

Helps the Labor Department verify FECA beneficiaries’ earnings and employment by sharing SSA and HHS data to detect improper payments.

Committee Consideration and Mark-up Session Held
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Bill Summary · HR 8822

Overview

Federal Workers’ Compensation Integrity and Care Act (HR 8822) proposes to enhance data access to detect and prevent improper payments under the Federal Employees' Compensation Act (FECA) by allowing the Secretary of Labor to obtain certain earnings and employment information from other federal data sources. The bill would authorize information-sharing with the Social Security Administration (SSA) and the Department of Health and Human Services (HHS) to improve compliance and integrity of FECA program payments.

Purpose and intent

  • Improve compliance and integrity of FECA, reduce improper payments, and ensure FECA benefits and services are properly paid.
  • Enable the Department of Labor to verify workers’ earnings and employment status using federal data sources.
  • Establish formal data-sharing arrangements and procedures to streamline information exchange.

Key provisions and changes

  • Creation of new data access authority (new FECA data access section, proposed as §8153 of title 5, U.S.C.).
  • Definitions core to the section:
    • FECA program: the FECA benefits and services under the subchapter.
    • Improper payment: as defined by 31 U.S.C. § 3351.
    • Secretary: Secretary of Labor.
  • Data sources and access (subsection (b)(1)):
    • SSA would provide to the Secretary of Labor:
    • Earnings information for FECA beneficiaries.
    • Information on monthly Social Security benefits received by the beneficiary(s).
    • HHS would provide to the Secretary of Labor:
    • Information in the National Directory of New Hires (NDNH) for the beneficiary(s).
  • Provision of information (subsection (b)(2)):
    • Information requests can be made without requiring authorization or explicit notice to individual employees.
    • Access must be timely, at no cost to the Secretary, and in accordance with a memorandum of understanding (MOU) specifying how information is provided (form, frequency, and method).
  • Memorandums of Understanding (MOUs) (subsection (b)(2)(B)):
    • Within 90 days of enactment, the Secretary must enter into MOUs with:
    • SSA to define how information will be provided (manner, frequency, form).
    • HHS to define how NDNH information will be provided (manner, frequency, form).
  • Procedures for data correlation (subsection (b)(3)):
    • Within 90 days of enactment, the Secretary must establish procedures to correlate the recipient’s identity and employment status with the information obtained under this section.
  • Technical and conforming amendment (section (c)):
    • Adds §8153 to the table of sections in Chapter 81 of Title 5 U.S.C.
  • Effective date (application): The amendments apply to FECA payments made on or after the date of enactment.

Who/what is affected

  • FECA program beneficiaries: potential implications for how their earnings and employment information are used to verify eligibility and detect improper payments.
  • U.S. agencies:
    • Social Security Administration (SSA): provides earnings data and monthly benefit information to the Secretary of Labor.
    • Department of Health and Human Services (HHS): provides National Directory of New Hires data to the Secretary of Labor.
  • Secretary of Labor: responsible for acquiring data, ensuring timely and cost-free provision, and establishing MOUs and correlation procedures.

Procedural and timeline aspects

  • MOUs: Must be in place within 90 days after enactment (with SSA and HHS) detailing data provision mechanics.
  • Correlation procedures: Must be established within 90 days after enactment to link recipient identity/employment status with the received data.
  • Applicability: The amendments apply to FECA payments made on or after the date of enactment.

Potential impact and considerations

  • Financial impact: Data access is to be provided at no cost to the Secretary of Labor, facilitating potential cost savings by reducing improper FECA payments.
  • Privacy and due process: Data sharing is broad (no need for employee authorization or prior notice), which may raise privacy considerations; the MOUs and correlation procedures are intended to govern use.
  • Oversight and implementation: The effectiveness hinges on timely MOUs, robust data-matching procedures, and safeguards against misuse.

Overall, HR 8822 seeks to strengthen FECA program integrity by enabling cross-agency data verification of earnings and employment, tying in SSA earnings and benefits data and HHS NDNH data, with specified timelines for MOUs and data-correlation procedures.

Compiled from official sources — confirm details with the bill’s official record.

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