Federal Workers’ Compensation Integrity and Care Act

Subchapter I of chapter 81 of title 5, United States Code, is amended by adding at the end the following:

In this section:

The term FECA program means the program that administers the compensation, benefits, and services under this subchapter.

The term improper payment has the meaning given that term in section 3351 of title 31, United States Code.

The term Secretary means the Secretary of Labor.

To improve compliance with the requirements under, and the integrity of, the FECA program, and to detect and prevent improper payments under such program, upon receiving a written request from the Secretary of Labor with respect to one or more employees, and in accordance with paragraph (2)—

(A) the Commissioner of Social Security shall make available to the Secretary of Labor—

(i) earnings information of the employee or employees; and

(ii) information on monthly benefit payments under title II of the Social Security Act (42 U.S.C. 401 et seq.) received by the employee or employees; and

(B) the Secretary of Health and Human Services shall make available to the Secretary of Labor the information in the National Directory of New Hires with respect to the employee or employees.

Information requested by the Secretary of Labor under this section—

(i) may be so requested without authorization from, or notice to, the employee with respect to whom such information pertains; and

(ii) shall be provided—

(I) in a timely manner;

(II) at no cost to the Secretary; and

(III) in accordance with the manner, frequency, and form specified in the applicable memorandum of understanding entered into under subparagraph (B).

Not later than 90 days after the date of enactment of the Federal Workers’ Compensation Integrity and Care Act, the Secretary shall enter into a memorandum of understanding—

(i) with the Commissioner of Social Security that shall specify the manner, frequency, and form in which the information requested pursuant to paragraph (1)(A) shall be provided to the Secretary of Labor; and

(ii) with the Secretary of Health and Human Services that shall specify the manner, frequency, and form in which the information requested pursuant to paragraph (1)(B) shall be provided to the Secretary of Labor.

Not later than 90 days after the date of enactment of the Federal Workers’ Compensation Integrity and Care Act, the Secretary shall establish procedures for correlating the identity and employment status of a recipient of compensation, benefits, or services under this subchapter with the information of such recipient obtained under this section.

The table of sections for chapter 81 of title 5, United States Code, is amended by inserting after the item relating to section 8152 the following:

The amendments made by this section shall apply with respect to payments made under subchapter I of chapter 81 of title 5, United States Code, on or after the date of enactment of this Act.