II 110th CONGRESS 2d Session S. 3329 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.
1.
Short title
This Act may be cited as the Compensation and Respect for Energy Workers Act of 2008 or the CARE Act.
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.
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. .
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. .
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:
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.
.
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. .
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.
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.
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)).
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.