S 757 ISCommentsClose CommentsPermalink

To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to expand the category of individuals eligible for compensation, to improve the procedures for providing compensation, and to improve transparency, and for other purposes.CommentsClose CommentsPermalink

March 31, 2009CommentsClose CommentsPermalink

Mr. UDALL of Colorado (for himself, Mr. BENNET, and Mr. UDALL of New Mexico) introduced the following bill; which was read twice and referred to the Committee on Health, Education, Labor, and PensionsCommentsClose CommentsPermalink

To amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to expand the category of individuals eligible for compensation, to improve the procedures for providing compensation, and to improve transparency, and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Charlie Wolf Nuclear Workers Compensation Act’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings; purpose.CommentsClose CommentsPermalink





Sec. 3. Specified disease.CommentsClose CommentsPermalink





Sec. 4. Definitions for program administration.CommentsClose CommentsPermalink





Sec. 5. Change in presumption for finding of cancer.CommentsClose CommentsPermalink





Sec. 6. Distribution of information to claimants and potential claimants.CommentsClose CommentsPermalink





Sec. 7. Enhancement of site profiles of Department of Energy facilities.CommentsClose CommentsPermalink





Sec. 8. Clarification of covered illnesses.CommentsClose CommentsPermalink





Sec. 9. Payment of compensation to survivors and estates of contractor employees.CommentsClose CommentsPermalink





Sec. 10. Wage loss resulting from exposure.CommentsClose CommentsPermalink





Sec. 11. Expansion of toxic substance exposure for covered illnesses.CommentsClose CommentsPermalink





Sec. 12. Extension of statute of limitations for judicial review of contractor employee claims.CommentsClose CommentsPermalink





Sec. 13. Expansion of authority of Ombudsman of Energy Employees Occupational Illness Compensation Program.CommentsClose CommentsPermalink





Sec. 14. Payment for transportation and personal care services.CommentsClose CommentsPermalink





Sec. 15. Enhancement of transparency in claims process.CommentsClose CommentsPermalink





Sec. 16. Extension of time for claimants to respond to requests for information.CommentsClose CommentsPermalink

SEC. 2. FINDINGS; PURPOSE.

(a) Findings- Congress finds that--CommentsClose CommentsPermalink





(1) the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in this subsection as the ‘Act’) was enacted to ensure fairness and equity for the civilian men and women who, for more than 50 years, have performed duties uniquely related to the nuclear weapons production and testing programs of the Department of Energy (including predecessor agencies of the Department of Energy) by establishing a program to provide efficient, uniform, and adequate compensation for--CommentsClose CommentsPermalink





(A) beryllium-related health conditions; andCommentsClose CommentsPermalink





(B) heavy metal-, toxic chemical-, and radiation-related health conditions;CommentsClose CommentsPermalink





(2) the Act (42 U.S.C. 7384 et seq.) provides a process for the consideration of claims for compensation by individuals who were employed at relevant times and at various locations, which includes provisions to designate employees at certain other locations as members of a special exposure cohort the claims of whom are subject to a less-detailed administrative process;CommentsClose CommentsPermalink





(3) the Act (42 U.S.C. 7384 et seq.) authorizes the President, upon a recommendation by the Advisory Board on Radiation and Worker Health established under section 3624(a)(1) of the Act (42 U.S.C. 7384o(a)(1)), to designate additional classes of employees at facilities under the jurisdiction of the Department of Energy as members of a special exposure cohort if the President determines that--CommentsClose CommentsPermalink





(A) it is not feasible to estimate with sufficient accuracy the magnitude of the radiation dose that the cohort received; andCommentsClose CommentsPermalink





(B) there is a reasonable likelihood that the radiation dose may have endangered the health of members of the cohort;CommentsClose CommentsPermalink





(4) it is not feasible to estimate with sufficient accuracy the magnitude of radiation doses received by employees at facilities under the jurisdiction of the Department of Energy because--CommentsClose CommentsPermalink





(A) many radiation exposures by employees were unmonitored or were not monitored adequately over the lifetime of each facility, as demonstrated in 2004, when an individual employed during the 1950s agreed to be scanned under the former radiation worker program of the Department of Energy and was found to have a significant internal deposition of radiation that had been undetected and unrecorded for longer than 50 years;CommentsClose CommentsPermalink





(B) lung counters used for the detection and measurement of plutonium and americium in the lungs of the employees were not available at some facilities until the late 1960s, thus--CommentsClose CommentsPermalink





(i) preventing the very insoluble oxide forms of plutonium from being detected; andCommentsClose CommentsPermalink





(ii) leading to a result in which a large number of employees experienced inhalation exposures that went undetected and unmeasured;CommentsClose CommentsPermalink





(C) exposure to neutron radiation was not monitored at some facilities until the late 1950s, and most of the measurements taken at the facilities from the period beginning in the late 1950s and ending in 1970 have been found to be in error;CommentsClose CommentsPermalink





(D) in some areas of the facilities, neutron doses were 2 to 10 times as great as the gamma doses received by employees, although only gamma doses were recorded;CommentsClose CommentsPermalink





(E) the radiation exposures of many employees at certain facilities were not measured, and in some cases estimated doses were assigned, while some records for doses have been destroyed or lost;CommentsClose CommentsPermalink





(F) as a result of the practices described in subparagraph (E), the available exposure histories and other data are not adequate to properly determine whether employees qualify for compensation under the Act (42 U.S.C. 7384 et seq.); andCommentsClose CommentsPermalink





(G) the model that has been used for dose reconstruction by the National Institute for Occupational Safety and Health in determining whether certain workers qualify for compensation under the Act (42 U.S.C. 7384 et seq.) contains errors because--CommentsClose CommentsPermalink





(i) the default values used for particle size and solubility of internally deposited plutonium in employees are in error; andCommentsClose CommentsPermalink





(ii) the use of those erroneous default values to calculate internal doses for claimants can result in dose calculations that may be 3 to 10 times below the calculations as indicated by the example of the records and autopsy data of the Rocky Flats Environmental Technology Site of the Department of Energy;CommentsClose CommentsPermalink





(5) the administrative costs arising from claims have been disproportionately high relative to the number of claims that have been approved;CommentsClose CommentsPermalink





(6) many employees, despite working with tons of plutonium and having known exposures that have lead to serious health effects, have been denied compensation under the Act (42 U.S.C. 7384 et seq.) as a result of--CommentsClose CommentsPermalink





(A) potentially flawed calculations based on records that are incomplete or in error; andCommentsClose CommentsPermalink





(B) the use of incorrect models;CommentsClose CommentsPermalink





(7) the purposes of the Act (42 U.S.C. 7384 et seq.) are more likely to be achieved if claims by the employees described in this subsection are subject to administrative procedures applicable to members of the special exposure cohort;CommentsClose CommentsPermalink





(8) Charlie Wolf, an employee at the nuclear weapons facilities of the Savannah River Site, the Fernald Site, and the Rocky Flats Environmental Technology Site of the Department of Energy, died in 2009 from complications due to glioblastoma multiform brain tumors;CommentsClose CommentsPermalink





(9) the difficulties of Mr. Wolf in securing compensation for the illness that he likely incurred from exposures to toxic and radioactive materials at the nuclear weapons facilities described in paragraph (8) reinforce the need to ensure that the Act (42 U.S.C. 7384 et seq.) will be carried out more efficiently and humanely for employees similar to Mr. Wolf;CommentsClose CommentsPermalink





(10) Mr. Wolf’s first tumor was discovered after he had worked for several years at the Rocky Flats Environmental Technology Site of the Department of Energy, during which he served as the director of buildings numbered 771 (which was once considered the most dangerous nuclear facility in the United States), 774, and 779, 3 facilities at which toxic and radioactive materials were present and handled by employees;CommentsClose CommentsPermalink





(11) prior to working at the Rocky Flats Environmental Technology Site of the Department of Energy, Mr. Wolf ran plutonium metal production lines at the Savannah River Site of the Department of Energy;CommentsClose CommentsPermalink





(12) Mr. Wolf and his family spent almost 7 years of their lives seeking compensation under the Act (42 U.S.C. 7384 et seq.), although, due to the requirements of the Act (42 U.S.C. 7384 et seq.) and the manner by which the regulations and procedures were carried out, the claims of Mr. Wolf were subjected to lengthy and repeated delays and complications that resulted from the difficulties associated with establishing the reconstruction of radiation doses;CommentsClose CommentsPermalink





(13) as a result of the experiences of Mr. Wolf, and many others like him, there is a need to reform the Act (42 U.S.C. 7384 et seq.), and the program carried out in accordance with the Act (42 U.S.C. 7384 et seq.), to improve the processing of claims; andCommentsClose CommentsPermalink





(14) the reforms established through the amendments made by this Act broaden the list of specified cancers, broaden the membership of the special exposure cohort, and change the presumption of cancer due to work-related exposures to help streamline the claims process and help workers like Mr. Wolf and their survivors.CommentsClose CommentsPermalink





(b) Purpose- The purpose of this Act is to amend the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) to improve the processing of claims for work-related illnesses at facilities under the jurisdiction of the Department of Energy.CommentsClose CommentsPermalink

SEC. 3. SPECIFIED DISEASE.

Section 4(b)(2) of the Radiation Exposure Compensation Act (42 U.S.C. 2210 note; Public Law 101-426) is amended--CommentsClose CommentsPermalink





(1) by striking ‘(other than chronic lymphocytic leukemia)’ and inserting ‘(including chronic lymphocytic leukemia)’;CommentsClose CommentsPermalink





(2) by inserting ‘posterior subcapsular cataracts, nonmalignant thyroid nodular disease, parathyroid adenoma, malignant tumors of the brain and central nervous system, brochio-alveolar carcinoma, benign neoplasms of the brain and central nervous system,’ after ‘disease),’; andCommentsClose CommentsPermalink





(3) by striking ‘or lung’ and inserting ‘lung, skin, kidney, salivary gland, rectum, pharynx, or prostate’.CommentsClose CommentsPermalink

SEC. 4. DEFINITIONS FOR PROGRAM ADMINISTRATION.

(a) Atomic Weapons Employee- Section 3621(3)(A) of the Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C. 7384l(3)(A)) is amended by inserting ‘, or an individual employed by a contractor or subcontractor of an atomic weapons employer,’ after ‘atomic weapons employer’.CommentsClose CommentsPermalink





(b) Established Chronic Beryllium Disease- Section 3621 of the Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C. 7384l) is amended by striking paragraph (13) and inserting the following:CommentsClose CommentsPermalink





‘(13) ESTABLISHED CHRONIC BERYLLIUM DISEASE- The term ‘established chronic beryllium disease’ means chronic beryllium disease, as established by--CommentsClose CommentsPermalink





‘(A) an occupational or environmental history, or epidemiological evidence of beryllium exposure; andCommentsClose CommentsPermalink





‘(B) any 3 of the following criteria:CommentsClose CommentsPermalink





‘(i) Characteristic chest radiographic (or computed tomography) abnormalities.CommentsClose CommentsPermalink





‘(ii) Restrictive or obstructive lung physiology testing or a diffusing lung capacity defect.CommentsClose CommentsPermalink





‘(iii) Lung pathology consistent with chronic beryllium disease.CommentsClose CommentsPermalink





‘(iv) A clinical course consistent with a chronic respiratory disorder.CommentsClose CommentsPermalink





‘(v) An immunologic test demonstrating beryllium sensitivity (with preference given to a skin patch test or a beryllium blood test).’.CommentsClose CommentsPermalink





(c) Member of Special Exposure Cohort-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 3621(14) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l(14)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(D) The employee--CommentsClose CommentsPermalink





‘(i) is not covered under subparagraph (A), (B), or (C); andCommentsClose CommentsPermalink





‘(ii) was employed by the Department of Energy, or a contractor or subcontractor of the Department of Energy, before January 1, 2006.’.CommentsClose CommentsPermalink





(2) REAPPLICATION- A claim for which an individual qualifies, by reason of paragraph (14)(D) of section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) (as added by paragraph (1)), for compensation or benefits under that Act (42 U.S.C. 7384 et seq.) shall be considered for compensation or benefits notwithstanding any denial of any other claim for compensation with respect to the individual.CommentsClose CommentsPermalink





(d) Specified Cancers-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 3621(17) of the Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C. 7384l(17)) is amended--CommentsClose CommentsPermalink





(A) in subparagraph (D), by striking ‘(other than chronic lymphocytic leukemia)’; andCommentsClose CommentsPermalink





(B) by adding at the end the following:CommentsClose CommentsPermalink





‘(E) Basal cell carcinoma.CommentsClose CommentsPermalink





‘(F) Skin cancer.’.CommentsClose CommentsPermalink





(2) REAPPLICATION- A claim for which an individual qualifies, by reason of subparagraph (E) or (F) of paragraph (17) of section 3621 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384l) (as added by paragraph (1)), for compensation or benefits under that Act (42 U.S.C. 7384 et seq.) shall be considered for compensation or benefits notwithstanding any denial of any other claim for compensation with respect to the individual.CommentsClose CommentsPermalink

SEC. 5. CHANGE IN PRESUMPTION FOR FINDING OF CANCER.

Section 3623(b) of the Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C. 7384n(b)) is amended by striking ‘if, and only if, the cancer specified in that subclause was at least as likely as not related to’ and inserting ‘, unless it is determined, by clear and convincing evidence, that such cancer was not sustained as a result of’.CommentsClose CommentsPermalink

SEC. 6. DISTRIBUTION OF INFORMATION TO CLAIMANTS AND POTENTIAL CLAIMANTS.

(a) Independent Physicians for Performance of Medical and Impairment Screenings- Section 3631(b)(2) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384v(b)(2)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by striking ‘; and’ and inserting a semicolon;CommentsClose CommentsPermalink





(2) by redesignating subparagraph (B) as subparagraph (C); andCommentsClose CommentsPermalink





(3) by inserting after subparagraph (A) the following:CommentsClose CommentsPermalink





‘(B) lists that contain descriptions of physicians who are--CommentsClose CommentsPermalink





‘(i) qualified to perform medical and impairment screenings on matters relating to the compensation program; andCommentsClose CommentsPermalink





‘(ii) identified for purposes of this subparagraph by 1 or more independent medical associations, institutions of higher education, or both that are selected by the President for purposes of this subparagraph; and’.CommentsClose CommentsPermalink





(b) Notice of Available Benefits- Section 3631 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384v) (as amended by subsection (a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(d) Notice to Claimants Regarding Available Benefits- The President shall provide to an individual who files a claim for compensation under this subtitle or subtitle E a written notice that contains a description of the benefits for which the individual may be eligible under this Act.’.CommentsClose CommentsPermalink

SEC. 7. ENHANCEMENT OF SITE PROFILES OF DEPARTMENT OF ENERGY FACILITIES.

(a) Inclusion of Trade Names of Chemicals in Site Profiles- Section 3633 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384w-1) is amended by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Definition of Site Profile- In this section, the term ‘site profile’ means an exposure assessment of a facility that--CommentsClose CommentsPermalink





‘(1) identifies the toxic substances or processes that were commonly used in each building or process of the facility, and the time frame during which the potential for exposure to toxic substances existed; andCommentsClose CommentsPermalink





‘(2) includes the trade name (if any) of any substance described in paragraph (1).’.CommentsClose CommentsPermalink





(b) Public Access to Site Profiles and Related Information- Section 3633 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384w-1) (as amended by subsection (a)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(e) Public Access to Site Profiles and Related Information- The Secretary of Labor shall make available to the public--CommentsClose CommentsPermalink





‘(1) each site profile prepared under subsection (a);CommentsClose CommentsPermalink





‘(2) any other database used by the Secretary of Energy to evaluate claims for compensation under this Act; andCommentsClose CommentsPermalink





‘(3) statistical data regarding the number of claims filed, the illnesses claimed, the number of claims filed for each illness, the number of claimants receiving compensation, and the length of time required to process each claim, as measured from the date on which the claim is filed to the final disposition of the claim.’.CommentsClose CommentsPermalink

SEC. 8. CLARIFICATION OF COVERED ILLNESSES.

(a) Definition of Covered Illness- Section 3671 of the Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C. 7385s) is amended by striking paragraph (2) and inserting the following:CommentsClose CommentsPermalink





‘(2) COVERED ILLNESS- The term ‘covered illness’ means an illness or death resulting from exposure to a toxic substance, including--CommentsClose CommentsPermalink





‘(A) all forms of cancer;CommentsClose CommentsPermalink





‘(B) silicosis;CommentsClose CommentsPermalink





‘(C) asbestosis;CommentsClose CommentsPermalink





‘(D) mesothelioma;CommentsClose CommentsPermalink





‘(E) lung fibrosis;CommentsClose CommentsPermalink





‘(F) chronic obstructive pulmonary disease;CommentsClose CommentsPermalink





‘(G) chronic renal insufficiency;CommentsClose CommentsPermalink





‘(H) peripheral neuropathy;CommentsClose CommentsPermalink





‘(I) chronic encepathalopathy;CommentsClose CommentsPermalink





‘(J) occupational asthma; andCommentsClose CommentsPermalink





‘(K) pneumoconiosis.’.CommentsClose CommentsPermalink





(b) Reapplication- A claim for which an individual qualifies, by reason of section 3671(2) of the Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C. 7385s(2)) (as amended by subsection (a)), for compensation or benefits under that Act (42 U.S.C. 7384 et seq.) shall be considered for compensation or benefits notwithstanding any denial of any other claim for compensation with respect to the individual.CommentsClose CommentsPermalink

SEC. 9. PAYMENT OF COMPENSATION TO SURVIVORS AND ESTATES OF CONTRACTOR EMPLOYEES.

Section 3672 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-1) is amended to read as follows:CommentsClose CommentsPermalink

‘SEC. 3672. COMPENSATION.

‘(a) Contractor Employees; Survivors-CommentsClose CommentsPermalink





‘(1) CONTRACTOR EMPLOYEES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- In accordance with section 3673, a covered contractor employee of the Department of Energy shall receive contractor employee compensation under this subtitle.CommentsClose CommentsPermalink





‘(B) COMPENSATION AFTER DEATH OF CONTRACTOR EMPLOYEE- Except as provided in paragraph (2)(B), if the death of a contractor employee described in subparagraph (A) occurs after the date on which the contractor employee applies for compensation under this subtitle, but before the date on which such compensation is paid, the amount of compensation that the contractor employee would have received under this paragraph shall be paid to--CommentsClose CommentsPermalink





‘(i) a survivor of the contractor employee in accordance with section 3674; orCommentsClose CommentsPermalink





‘(ii) if, as of the date of the death of the contractor employee, no survivor of the contractor employee exists, the estate of the contractor employee.CommentsClose CommentsPermalink





‘(2) SURVIVORS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), a survivor of a covered contractor employee of the Department of Energy shall receive contractor employee compensation under this subtitle in accordance with section 3674.CommentsClose CommentsPermalink





‘(B) ELECTION OF CONTRACTOR EMPLOYEE COMPENSATION OR SURVIVOR COMPENSATION- A survivor of a contractor employee described in subparagraph (A) who is otherwise eligible to receive compensation pursuant to subparagraph (A) and paragraph (1)(B) shall--CommentsClose CommentsPermalink





‘(i) receive compensation pursuant to subparagraph (A) or paragraph (1)(B), as elected by the survivor of the contractor employee; andCommentsClose CommentsPermalink





‘(ii) not receive compensation pursuant to both subparagraph (A) and paragraph (1)(B).CommentsClose CommentsPermalink





‘(b) Applicability- Subsection (a) is subject to each other provision of this subtitle.’.CommentsClose CommentsPermalink

SEC. 10. WAGE LOSS RESULTING FROM EXPOSURE.

Section 3673(a)(2)(A)(i) of the Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C. 7385s-2(a)(2)(A)(i)) is amended by inserting ‘that contributed to the wage loss of the employee’ after ‘that employee’.CommentsClose CommentsPermalink

SEC. 11. EXPANSION OF TOXIC SUBSTANCE EXPOSURE FOR COVERED ILLNESSES.

Section 3675(c)(1) of the Energy Employees Occupational Compensation Program Act of 2000 (42 U.S.C. 7385s-4(c)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A), by inserting ‘(including radiation or a combination of a toxic substance, including heavy metals, and radiation)’ after ‘toxic substance’; andCommentsClose CommentsPermalink





(2) in subparagraph (B), by inserting ‘(including radiation or a combination of a toxic substance and radiation)’ after ‘toxic substance’.CommentsClose CommentsPermalink

SEC. 12. EXTENSION OF STATUTE OF LIMITATIONS FOR JUDICIAL REVIEW OF CONTRACTOR EMPLOYEE CLAIMS.

Section 3677(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-6(a)) is amended, in the first sentence, by striking ‘within 60 days’ and inserting ‘not later than 1 year’.CommentsClose CommentsPermalink

SEC. 13. EXPANSION OF AUTHORITY OF OMBUDSMAN OF ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

Section 3686 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is amended--CommentsClose CommentsPermalink





(1) by striking subsection (c) and inserting the following:CommentsClose CommentsPermalink





‘(c) Duties- The Office shall--CommentsClose CommentsPermalink





‘(1) assist individuals in making claims under this subtitle and subtitle B;CommentsClose CommentsPermalink





‘(2) provide information regarding--CommentsClose CommentsPermalink





‘(A) the benefits available under this subtitle and subtitle B; andCommentsClose CommentsPermalink





‘(B) the requirements and procedures applicable to the provision of the benefits described in subparagraph (A);CommentsClose CommentsPermalink





‘(3) function as an advocate on behalf of individuals seeking benefits under this subtitle and subtitle B;CommentsClose CommentsPermalink





‘(4) make recommendations to the Secretary regarding the location of centers (to be known as ‘resource centers’) for the acceptance and development of claims for benefits under this subtitle and subtitle B; andCommentsClose CommentsPermalink





‘(5) carry out such other duties as the Secretary may require.’;CommentsClose CommentsPermalink





(2) in subsection (d), by inserting ‘and subtitle B’ after ‘this subtitle’;CommentsClose CommentsPermalink





(3) in subsection (e), by inserting ‘and subtitle B’ after ‘this subtitle’ each place it appears; andCommentsClose CommentsPermalink





(4) by striking subsection (g) and inserting the following:CommentsClose CommentsPermalink





‘(g) Contract Authority- The Ombudsman may enter into 1 or more service contracts with individuals who possess expertise in any matter that the Ombudsman considers appropriate for the performance of the duties of the Office, including matters relating to health physics, medicine, industrial hygiene, and toxicology.’.CommentsClose CommentsPermalink

SEC. 14. PAYMENT FOR TRANSPORTATION AND PERSONAL CARE SERVICES.

(a) Definition of Covered Individual- In this section, the term ‘covered individual’ means an individual who receives medical benefits under section 3629(a) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t(a)).CommentsClose CommentsPermalink





(b) Regulations- Not later than 90 days after the date of enactment of this Act, the Secretary of Labor shall promulgate regulations to provide for the direct payment to providers of the costs to covered individuals of--CommentsClose CommentsPermalink





(1) personal care services (as that term is used in section 30.403 of title 20, Code of Federal Regulations (as in effect on the day before the date of enactment of this Act)) authorized pursuant to section 3629 of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t); andCommentsClose CommentsPermalink





(2) necessary and reasonable transportation expenses incident to securing medical services, appliances, or supplies pursuant to section 3629(c) of the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384t(c)).CommentsClose CommentsPermalink

SEC. 15. ENHANCEMENT OF TRANSPARENCY IN CLAIMS PROCESS.

(a) Information Provided on Denial of Claim; Requirements Relating to Correspondence- Not later than 90 days after the date of enactment of this Act, the President shall promulgate regulations to ensure that--CommentsClose CommentsPermalink





(1) any notification to an individual making a claim under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) that the claim of the individual has been denied, and all other correspondence with the individual relating to the claim, are written in language that is clear, concise, and easily understandable; andCommentsClose CommentsPermalink





(2) any notification described in paragraph (1) contains--CommentsClose CommentsPermalink





(A) an explanation of each reason for the denial of the claim described in that paragraph; andCommentsClose CommentsPermalink





(B) a description of the information, if any, that the individual could have submitted that could have resulted in approval of the claim.CommentsClose CommentsPermalink





(b) Document Retention- Not later than 90 days after the date of enactment of this Act, the Secretary of Labor and the Secretary of Energy shall jointly promulgate regulations to ensure that the Department of Labor and the Department of Energy--CommentsClose CommentsPermalink





(1) retain each original document in the possession of the Department of Labor or the Department of Energy relating to a facility under the jurisdiction of the Department of Energy if--CommentsClose CommentsPermalink





(A) any employee of the facility might reasonably be expected to file a claim for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.); andCommentsClose CommentsPermalink





(B) the document might reasonably be expected to be used by any employee described in subparagraph (A) in making a claim for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.); andCommentsClose CommentsPermalink





(2) provide each employee described in paragraph (1)(A) with access to each document described in that paragraph.CommentsClose CommentsPermalink

SEC. 16. EXTENSION OF TIME FOR CLAIMANTS TO RESPOND TO REQUESTS FOR INFORMATION.

If the Secretary of Labor submits to an individual who has filed a claim for compensation under the Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) a request for information that relates to the claim for compensation, the individual shall be required to respond to the request by not earlier than 120 days after the date on which the individual receives the request.CommentsClose CommentsPermalink