[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3329 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3329

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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                July 24 (legislative day, July 23), 2008

  Mr. Salazar introduced the following bill; which was read twice and 
  referred to the Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Compensation and Respect for Energy 
Workers Act of 2008'' or the ``CARE Act''.

SEC. 2. EXPANSION OF CANCERS FOR WHICH INDIVIDUALS ARE ELIGIBLE TO 
              RECEIVE COMPENSATION UNDER THE ENERGY EMPLOYEES 
              COMPENSATION PROGRAM ACT OF 2000 AND THE RADIATION 
              EXPOSURE COMPENSATION ACT.

    Section 4(b)(2) of the Radiation Exposure Compensation Act (42 
U.S.C. 2210 note) is amended--
            (1) by striking ``(other than chronic lymphocytic 
        leukemia)'' and inserting ``(including chronic lymphocytic 
        leukemia)'';
            (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),''; and
            (3) by striking ``or lung'' and inserting ``lung, skin, 
        kidney, salivary gland, rectum, pharynx, or prostate''.

SEC. 3. DISTRIBUTION OF INFORMATION TO CLAIMANTS AND POTENTIAL 
              CLAIMANTS.

    (a) Independent Physicians for Performance of Medical and 
Impairment Screenings.--Paragraph (2) of subsection (b) of section 3631 
of the Energy Employees Occupational Illness Compensation Program Act 
of 2000 (42 U.S.C. 7384v) is amended--
            (1) in subparagraph (A), by striking ``and'' at the end;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) lists of physicians qualified to perform 
                medical and impairment screenings on matters relating 
                to the compensation program who are identified for 
                purposes of this subparagraph by one or more 
                independent medical associations, institutions of 
                higher education, or both selected by the President for 
                purposes of this subparagraph; and''.
    (b) Notice of Available Benefits.--Such section is further amended 
by adding at the end the following:
    ``(d) Notice to Claimants on Available Benefits.--The President 
shall provide to an individual who files a claim for compensation under 
this subtitle or subtitle E written notice on the benefits for which 
the individual may be eligible under this Act.''.

SEC. 4. ENHANCEMENT OF SITE PROFILES OF DEPARTMENT OF ENERGY 
              FACILITIES.

    (a) Inclusion of Trade Names of Chemicals in Site Profiles.--
Subsection (c) of section 3633 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (42 U.S.C. 7384w-1) is amended 
by adding at the end the following new sentence: ``In identifying any 
chemical commonly used in a building or process of a facility, an 
exposure assessment shall include the trade name (if any) of such 
chemical.''.
    (b) Public Access to Site Profiles and Related Information.--Such 
section is further amended by adding at the end the following:
    ``(e) Public Access to Site Profiles and Related Information.--The 
Secretary of Labor shall make available to the public each site profile 
prepared under subsection (a) and any other database used by the 
Department to evaluate claims for compensation under this Act.''.

SEC. 5. 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:

``SEC. 3672. COMPENSATION TO BE PROVIDED.

    ``Subject to the other provisions of this subtitle:
            ``(1) Contractor employees.--
                    ``(A) In general.--A covered DOE contractor 
                employee shall receive contractor employee compensation 
                under this subtitle in accordance with section 3673.
                    ``(B) Compensation after death of contractor 
                employee.--Except as provided in paragraph (2)(B), if 
                the death of a contractor employee occurs after the 
                employee applies for compensation under this subtitle 
                but before such compensation is paid, the amount of 
                compensation the employee would have received under 
                this paragraph shall be paid to a survivor of the 
                employee (for purposes of section 3674) or, if the 
                employee has no survivors, the estate of the employee.
            ``(2) Survivors.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a survivor of a covered DOE 
                contractor employee shall receive contractor employee 
                compensation under this subtitle in accordance with 
                section 3674.
                    ``(B) Election of contractor employee compensation 
                or survivor compensation.--A survivor who is otherwise 
                eligible to receive compensation pursuant to both 
                subparagraph (A) and paragraph (1)(B) shall not receive 
                compensation pursuant to both subparagraph (A) and 
                paragraph (1)(B), but shall receive compensation 
                pursuant to subparagraph (A) or paragraph (1)(B), as 
                elected by the survivor.''.

SEC. 6. 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--
            (1) by amending subsection (c) to read as follows:
    ``(c) Duties.--The duties of the Office shall be as follows:
            ``(1) To assist individuals in making claims under this 
        subtitle and subtitle B.
            ``(2) To provide information on the benefits available 
        under this subtitle and subtitle B and on the requirements and 
        procedures applicable to the provision of such benefits.
            ``(3) To act as an advocate on behalf of individuals 
        seeking benefits under this subtitle and subtitle B.
            ``(4) To 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.
            ``(5) To carry out such other duties as the Secretary shall 
        specify.'';
            (2) in subsection (d), by inserting ``or subtitle B'' after 
        ``this subtitle'';
            (3) in subsection (e), by inserting ``and subtitle B'' 
        after ``this subtitle'' each place it appears; and
            (4) by striking subsection (g) and inserting the following:
    ``(g) Contract Authority.--The Ombudsman may contract for the 
services of individuals with expertise in such matters, including 
health physics, medicine, industrial hygiene, and toxicology, as the 
Ombudsman considers appropriate for the performance of the duties of 
the Office.''.

SEC. 7. EXTENSION OF TIME FOR CLAIMANTS TO RESPOND TO REQUESTS FOR 
              INFORMATION.

    If the Secretary of Labor requests information from an individual 
who has filed a claim for compensation under the Energy Employees 
Occupational Illness Compensation Program Act of 2000 with respect to 
that claim, the individual shall have not less than 120 days to respond 
to the request.

SEC. 8. EXTENSION OF STATUTE OF LIMITATIONS FOR JUDICIAL REVIEW OF 
              CONTRACTOR EMPLOYEE CLAIMS.

    (a) In General.--Section 3677(a) of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
6(a)) is amended by striking ``within 60 days'' and inserting ``not 
later than 1 year''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to final decisions of the Secretary of Labor under 
subtitle E of the Energy Employees Occupational Illness Compensation 
Program Act of 2000 (42 U.S.C. 7385s et seq.) issued on or after the 
date of the enactment of this Act.

SEC. 9. PAYMENT OF TRANSPORTATION EXPENSES AND FOR PERSONAL CARE 
              SERVICES.

    (a) In General.--Not later than 90 days after the date of enactment 
of this Act, the Secretary of Labor shall prescribe regulations to 
provide for the direct payment to providers of the costs to individuals 
described in subsection (b) of--
            (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 the 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); and
            (2) necessary and reasonable transportation expenses 
        incident to securing medical services, appliances, or supplies 
        pursuant to section 3629(c) of such Act.
    (b) Covered Individuals.--An individual described in this 
subsection is 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)).

SEC. 10. ENHANCEMENT OF TRANSPARENCY IN CLAIMS PROCESS.

    (a) Information Provided Upon Denial of Claim; Correspondence in 
Easily Understandable Language.--Not later than 90 days after the date 
of the enactment of this Act, the President shall prescribe regulations 
to ensure that--
            (1) any notification to an individual making a claim under 
        the Energy Employees Occupational Illness Compensation Program 
        Act of 2000 that the claim has been denied, and all other 
        correspondence with such an individual with respect to a claim, 
        are written in language that is clear, concise, and easily 
        understandable; and
            (2) any such notification is accompanied by an explanation 
        of the reasons for denying the claim and a description of the 
        information, if any, the individual could have submitted that 
        might have resulted in approval of the claim.
    (b) Document Retention.--Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Labor and the Secretary of 
Energy shall jointly prescribe regulations to ensure that the 
Department of Labor and the Department of Energy--
            (1) retain all original documents in the possession of such 
        Departments related to a Department of Energy facility if--
                    (A) employees of that facility might reasonably be 
                expected to file claims for compensation under the 
                Energy Employees Occupational Illness Compensation 
                Program Act of 2000; and
                    (B) the documents might reasonably be expected to 
                be used by such employees in making such claims; and
            (2) provide such employees access to such documents.
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