[Congressional Record Volume 155, Number 54 (Tuesday, March 31, 2009)]
[Senate]
[Pages S4081-S4085]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. UDALL of Colorado (for himself, Mr. Bennet, and Mr. Udall 
        of New Mexico):
  S. 757. 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; to 
the Committee on Health, Education, Labor, and Pensions.
  Mr. UDALL of Colorado. Mr. President, today I am introducing the 
Charlie Wolf Nuclear Workers Compensation Act. It is a bill designed to 
improve a program to compensate Americans who are gravely ill because 
they were exposed to radiation or other toxins while working in our 
Cold War-era nuclear weapons complex.
  This is an issue that is important to many Coloradans because of the 
work done at Rocky Flats outside of Denver. The compensation program 
has a number of serious flaws, and I have worked on solutions for 
several years now.
  The bill I am introducing includes a number of provisions that I 
introduced last session in the House of Representatives with my 
Colorado colleague, Representative Ed Perlmutter. This year, I expanded 
on those provisions and added others to help these workers finally get 
the assistance they deserve under this program.
  We named the bill for Charlie Wolf, who was one of thousands of 
workers during the Cold War era, who risked their health in order to 
build America's nuclear arsenal. And I believe his story illustrates 
why we should do better by these workers--and why I have introduced 
this bill.
  Charlie worked as an engineer at Rocky Flats--and before that, at the 
Savannah River Site in South Carolina. He--and the thousands of other 
workers like him--are Cold War veterans. As controversial as their work 
often was, they were also patriotic Americans who did more for our 
country than collect a paycheck.
  They believed that their work was keeping the world safe from the 
Soviet threat--and keeping this country strong. And they were right.
  But their work was also dangerous. As a result of radiation and 
toxins he was exposed to on the job, Charlie developed brain cancer a 
little over 6 years ago. He was given 6 months to live--but he hung on 
for 6 years.
  During all of those 6 years, he and his family fought with the 
Federal government to get the compensation that he was promised--and 
that he deserved.
  Charlie's struggles were documented by the Rocky Mountain News in a 
series of stories called ``Deadly Denial.'' That title, unfortunately, 
has come to symbolize the troubles with this compensation program.
  I have heard from many former workers, who--like Charlie and his 
family--have been subjected to repeated delays, lost records, complex 
exposure formulas, and other roadblocks.
  We simply cannot--and should not--subject these workers--patriotic 
people who put themselves in harm's way to help secure our nation--
through these kinds of obstacles and difficulties.
  It is shameful and, frankly, enough is enough.
  This Congress recognized that we should compensate our Cold Warriors 
and certain survivors who put their health and life on the line to 
serve our Nation during the Cold War. We created the EEOICPA program to 
carry out that compensation.
  I was among those who strongly supported the EEOICPA provisions that 
were finally enacted into law in 2000.
  But the next year brought a new administration that, regrettably, did 
not advocate for the program as the Clinton administration had.
  Simply put, the program is not working the way it was intended.
  As a result, while many people have received benefits under the 
program, too many face inexcusable obstacles as they try--often in old 
age or while struggling with the effects of cancer or other serious 
illnesses--to prove they qualify for benefits.
  More than 9 years after we enacted EEOICPA, workers have died without 
receiving the health care or compensation they deserve.
  In fact, a combination of missing records and bureaucratic red tape 
has prevented many workers from accessing any compensation for their 
serious illnesses.
  I now look forward to working with the Obama administration to 
correct problems with this compensation program.
  The bill I am introducing this week is part of that ongoing effort.
  The Charlie Wolf Act is designed to expand the category of 
individuals eligible for compensation, improve the procedures for 
providing compensation and transparency, and grant the Office of the 
Ombudsman greater authority to help workers.
  I would like to explain a couple of the provisions in a little more 
detail.
  First, it would revise the part of the EEOICPA law that specifies 
which covered workers are part of what is known as a ``special exposure 
cohort'' designation under the law.
  The revision would extend this ``special exposure cohort'' status to 
Department of Energy employees, Department of Energy contractor 
employees,

[[Page S4082]]

or atomic weapons employees who worked at a nuclear weapons facility 
prior to January 1, 2006.
  Being included in a special exposure cohort would help make it easier 
for workers to establish that their radiation-linked cancer was the 
result of working at one of these facilities.
  Second, the bill would change the burden of proving that a radiation-
linked cancer was the result of workplace exposure to toxic materials.
  As the law now stands, before a worker can receive benefits, they 
must establish that the cancer is as likely as not to have resulted 
from on-the-job exposure to radiation.
  While that sounds like a reasonable requirement, many workers have 
learned that we have not adequately documented radiation exposures over 
the years.
  In fact, there were serious shortcomings in the monitoring of nuclear 
weapons plant workers' radiation exposures and in the necessary 
recordkeeping. Also, the current administrative process for determining 
links between exposure and employment is terribly slow.
  Many worker exposures were unmonitored or under-monitored over a 
nuclear weapons plant's history. As such, the current law requires 
these workers to seek ``dose reconstructions''--essentially using some 
extrapolated data modeling to re-create the sorts of exposures 
experienced.
  But ``dose reconstructions'' are extremely difficult, slow and 
arduous for the worker and the agency. The process drags out, while 
workers like Charlie suffer and wait for compensation they need--in 
some cases, to help them pay for cancer treatments or care for other 
deadly illnesses.
  This is wrong. We owe these workers better than that.
  My bill fixes that problem by presuming that a worker with a covered 
radiation-linked cancer is eligible for compensation. And it puts the 
burden of proof on the agency.
  So, unless the agency can show--by clear and convincing evidence--
that their cancer was not caused by exposure while working at a nuclear 
weapons facility, that worker would be eligible for compensation.
  It may seem like this is asking to prove a negative, but I believe 
that it requires the federal agency to prove that the cancer may have 
been the result of other factors. I think it is more appropriate to 
place this burden on the federal government--and not the ill worker.
  Third, the bill expands the list of cancers for which individuals are 
eligible to receive compensation. The current law fails to recognize 
some cancers that could legitimately be caused by exposure to toxic 
materials at these sites.
  The bill also requires the Department of Labor to pay a claimant's 
estate should a claimant die after filing their claim--but before 
receiving payment and leaving no survivors.
  Finally, the bill makes a number of other changes that are all 
designed to make this process more user-friendly and helpful to 
claimants.
  It expands the duties of the Ombudsman's Office, providing greater 
transparency and communication with claimants, and allowing more time 
to file legal actions should claims be denied.
  It also allows claimants who were previously denied to re-file their 
claims.
  Since early in my tenure in Congress, I have worked to make good on 
promises of a fairer deal for the nuclear-weapons workers who helped 
America win the Cold War.
  That was why enactment and improvement of the compensation act has 
been one of my top priorities. This is an important matter for our 
country. It is literally a life-or-death issue for the Coloradans who 
are sick today because of their work at Rocky Flats.
  The Charlie Wolf Act will not remedy all the shortcomings of the 
current law, but it will make it better.
  I hope to work with my colleagues in the Senate, who have 
constituents who face situations similar to that of Charlie and his 
family. I hope for swift action from both Congress and the 
administration to keep our promises to these workers and their 
families.
  Charlie Wolf and his family deserve better, as do all of the 
Americans who have made similar scarifies and been subjected to similar 
struggles.
  Charlie's widow, Kathy, told me this week that Charlie carried on his 
fight out of principle because he didn't want other workers to have to 
fight the country they worked so hard to protect.
  I am proud to continue to work on behalf of Charlie's family and his 
memory. I urge my colleagues to cosponsor or support this worthwhile 
legislation and honor our Cold War heroes.
  I would like to thank Senator Michael Bennet of Colorado and Senator 
Tom Udall of New Mexico for joining me as original cosponsors of this 
bill.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 757

       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 1950's 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 1960's, 
     thus--

[[Page S4083]]

       (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 1950's, and most of the 
     measurements taken at the facilities from the period 
     beginning in the late 1950's 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''.

[[Page S4084]]

       (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

[[Page S4085]]

       (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.

                          ____________________