[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 757 Introduced in Senate (IS)]

111th CONGRESS
  1st Session
                                 S. 757

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

                             March 31, 2009

 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 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Charlie Wolf 
Nuclear Workers Compensation Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings; purpose.
Sec. 3. Specified disease.
Sec. 4. Definitions for program administration.
Sec. 5. Change in presumption for finding of cancer.
Sec. 6. Distribution of information to claimants and potential 
                            claimants.
Sec. 7. Enhancement of site profiles of Department of Energy 
                            facilities.
Sec. 8. Clarification of covered illnesses.
Sec. 9. Payment of compensation to survivors and estates of contractor 
                            employees.
Sec. 10. Wage loss resulting from exposure.
Sec. 11. Expansion of toxic substance exposure for covered illnesses.
Sec. 12. Extension of statute of limitations for judicial review of 
                            contractor employee claims.
Sec. 13. Expansion of authority of Ombudsman of Energy Employees 
                            Occupational Illness Compensation Program.
Sec. 14. Payment for transportation and personal care services.
Sec. 15. Enhancement of transparency in claims process.
Sec. 16. Extension of time for claimants to respond to requests for 
                            information.

SEC. 2. FINDINGS; PURPOSE.

    (a) Findings.--Congress finds that--
            (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--
                    (A) beryllium-related health conditions; and
                    (B) heavy metal-, toxic chemical-, and radiation-
                related health conditions;
            (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;
            (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--
                    (A) it is not feasible to estimate with sufficient 
                accuracy the magnitude of the radiation dose that the 
                cohort received; and
                    (B) there is a reasonable likelihood that the 
                radiation dose may have endangered the health of 
                members of the cohort;
            (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--
                    (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;
                    (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--
                            (i) preventing the very insoluble oxide 
                        forms of plutonium from being detected; and
                            (ii) leading to a result in which a large 
                        number of employees experienced inhalation 
                        exposures that went undetected and unmeasured;
                    (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;
                    (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;
                    (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;
                    (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.); and
                    (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--
                            (i) the default values used for particle 
                        size and solubility of internally deposited 
                        plutonium in employees are in error; and
                            (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;
            (5) the administrative costs arising from claims have been 
        disproportionately high relative to the number of claims that 
        have been approved;
            (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--
                    (A) potentially flawed calculations based on 
                records that are incomplete or in error; and
                    (B) the use of incorrect models;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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;
            (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; and
            (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.
    (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.

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--
            (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. 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''.
    (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:
            ``(13) Established chronic beryllium disease.--The term 
        `established chronic beryllium disease' means chronic beryllium 
        disease, as established by--
                    ``(A) an occupational or environmental history, or 
                epidemiological evidence of beryllium exposure; and
                    ``(B) any 3 of the following criteria:
                            ``(i) Characteristic chest radiographic (or 
                        computed tomography) abnormalities.
                            ``(ii) Restrictive or obstructive lung 
                        physiology testing or a diffusing lung capacity 
                        defect.
                            ``(iii) Lung pathology consistent with 
                        chronic beryllium disease.
                            ``(iv) A clinical course consistent with a 
                        chronic respiratory disorder.
                            ``(v) An immunologic test demonstrating 
                        beryllium sensitivity (with preference given to 
                        a skin patch test or a beryllium blood 
                        test).''.
    (c) Member of Special Exposure Cohort.--
            (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:
                    ``(D) The employee--
                            ``(i) is not covered under subparagraph 
                        (A), (B), or (C); and
                            ``(ii) was employed by the Department of 
                        Energy, or a contractor or subcontractor of the 
                        Department of Energy, before January 1, 
                        2006.''.
            (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.
    (d) Specified Cancers.--
            (1) In general.--Section 3621(17) of the Energy Employees 
        Occupational Compensation Program Act of 2000 (42 U.S.C. 
        7384l(17)) is amended--
                    (A) in subparagraph (D), by striking ``(other than 
                chronic lymphocytic leukemia)''; and
                    (B) by adding at the end the following:
                    ``(E) Basal cell carcinoma.
                    ``(F) Skin cancer.''.
            (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.

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''.

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--
            (1) in subparagraph (A), by striking ``; and'' and 
        inserting a semicolon;
            (2) by redesignating subparagraph (B) as subparagraph (C); 
        and
            (3) by inserting after subparagraph (A) the following:
                    ``(B) lists that contain descriptions of physicians 
                who are--
                            ``(i) qualified to perform medical and 
                        impairment screenings on matters relating to 
                        the compensation program; and
                            ``(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''.
    (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:
    ``(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.''.

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:
    ``(c) Definition of Site Profile.--In this section, the term `site 
profile' means an exposure assessment of a facility that--
            ``(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; and
            ``(2) includes the trade name (if any) of any substance 
        described in paragraph (1).''.
    (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:
    ``(e) Public Access to Site Profiles and Related Information.--The 
Secretary of Labor shall make available to the public--
            ``(1) each site profile prepared under subsection (a);
            ``(2) any other database used by the Secretary of Energy to 
        evaluate claims for compensation under this Act; and
            ``(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.''.

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:
            ``(2) Covered illness.--The term `covered illness' means an 
        illness or death resulting from exposure to a toxic substance, 
        including--
                    ``(A) all forms of cancer;
                    ``(B) silicosis;
                    ``(C) asbestosis;
                    ``(D) mesothelioma;
                    ``(E) lung fibrosis;
                    ``(F) chronic obstructive pulmonary disease;
                    ``(G) chronic renal insufficiency;
                    ``(H) peripheral neuropathy;
                    ``(I) chronic encepathalopathy;
                    ``(J) occupational asthma; and
                    ``(K) pneumoconiosis.''.
    (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.

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:

``SEC. 3672. COMPENSATION.

    ``(a) Contractor Employees; Survivors.--
            ``(1) Contractor employees.--
                    ``(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.
                    ``(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--
                            ``(i) a survivor of the contractor employee 
                        in accordance with section 3674; or
                            ``(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.
            ``(2) Survivors.--
                    ``(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.
                    ``(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--
                            ``(i) receive compensation pursuant to 
                        subparagraph (A) or paragraph (1)(B), as 
                        elected by the survivor of the contractor 
                        employee; and
                            ``(ii) not receive compensation pursuant to 
                        both subparagraph (A) and paragraph (1)(B).
    ``(b) Applicability.--Subsection (a) is subject to each other 
provision of this subtitle.''.

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''.

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--
            (1) in subparagraph (A), by inserting ``(including 
        radiation or a combination of a toxic substance, including 
        heavy metals, and radiation)'' after ``toxic substance''; and
            (2) in subparagraph (B), by inserting ``(including 
        radiation or a combination of a toxic substance and 
        radiation)'' after ``toxic substance''.

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''.

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--
            (1) by striking subsection (c) and inserting the following:
    ``(c) Duties.--The Office shall--
            ``(1) assist individuals in making claims under this 
        subtitle and subtitle B;
            ``(2) provide information regarding--
                    ``(A) the benefits available under this subtitle 
                and subtitle B; and
                    ``(B) the requirements and procedures applicable to 
                the provision of the benefits described in subparagraph 
                (A);
            ``(3) function as an advocate on behalf of individuals 
        seeking benefits under this subtitle and subtitle B;
            ``(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; and
            ``(5) carry out such other duties as the Secretary may 
        require.'';
            (2) in subsection (d), by inserting ``and 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 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.''.

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)).
    (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--
            (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); and
            (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)).

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--
            (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; and
            (2) any notification described in paragraph (1) contains--
                    (A) an explanation of each reason for the denial of 
                the claim described in that paragraph; and
                    (B) a description of the information, if any, that 
                the individual could have submitted that could have 
                resulted in approval of the claim.
    (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--
            (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--
                    (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.); and
                    (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.); and
            (2) provide each employee described in paragraph (1)(A) 
        with access to each document described in that paragraph.

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.
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