1.Short title; table of
contents
(a)This Act may be cited
as the Charlie Wolf Nuclear Workers
Compensation Act
.
(b)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.
2.
(a)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)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.
3.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
.
4.Definitions for
program administration
(a)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 diseaseSection 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 diseaseThe
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)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)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)
(1)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)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.
5.Change in
presumption for finding of cancerSection 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
.
6.Distribution of
information to claimants and potential claimants
(a)Independent
physicians for performance of medical and impairment
screeningsSection 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 benefitsSection 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 benefitsThe 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.
.
7.Enhancement of
site profiles of Department of Energy facilities
(a)Inclusion of
trade names of chemicals in site profilesSection 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 profileIn 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 informationSection 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 informationThe 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.
.
8.Clarification of
covered illnesses
(a)Definition of
covered illnessSection 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)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)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.
9.Payment of
compensation to survivors and estates of contractor employeesSection 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.
(a)Contractor
employees; survivors
(1)
(A)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 employeeExcept 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)
(A)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 compensationA
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)Subsection
(a) is subject to each other provision of this
subtitle.
.
10.Wage loss
resulting from exposureSection 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
.
11.Expansion of
toxic substance exposure for covered illnessesSection 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
.
12.Extension of
statute of limitations for judicial review of contractor employee
claimsSection 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
.
13.Expansion of
authority of Ombudsman of Energy Employees Occupational Illness Compensation
ProgramSection 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)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)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.
.
14.Payment for
transportation and personal care services
(a)Definition of
covered individualIn 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)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)).
15.Enhancement of
transparency in claims process
(a)Information
provided on denial of claim; requirements relating to
correspondenceNot 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)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.
16.Extension of
time for claimants to respond to requests for informationIf 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.