SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Compensation and Re-
spect for Energy Workers Act of 2008’’ or the ‘‘CARE 
Act’’. 
SEC. 2. EXPANSION OF CANCERS FOR WHICH INDIVIDUALS 
ARE ELIGIBLE TO RECEIVE COMPENSATION 
UNDER 
THE 
ENERGY 
EMPLOYEES 
COM-
PENSATION PROGRAM ACT OF 2000 AND THE 
RADIATION EXPOSURE COMPENSATION ACT. 
Section 4(b)(2) of the Radiation Exposure Com-
pensation Act (42 U.S.C. 2210 note) is amended— 
(1) 
by 
striking 
‘‘(other 
than 
chronic 
lymphocytic leukemia)’’ and inserting ‘‘(including 
chronic lymphocytic leukemia)’’; 
(2) by inserting ‘‘posterior subcapsular cata-
racts, nonmalignant thyroid nodular disease, para-
thyroid 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’’. 
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SEC. 3. DISTRIBUTION OF INFORMATION TO CLAIMANTS 
AND POTENTIAL CLAIMANTS. 
(a) INDEPENDENT PHYSICIANS FOR PERFORMANCE 
OF MEDICAL AND IMPAIRMENT SCREENINGS.—Paragraph 
(2) of subsection (b) of section 3631 of the Energy Em-
ployees Occupational Illness Compensation Program Act 
of 2000 (42 U.S.C. 7384v) is amended— 
(1) in subparagraph (A), by striking ‘‘and’’ at 
the end; 
(2) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) lists of physicians qualified to per-
form medical and impairment screenings on 
matters relating to the compensation program 
who are identified for purposes of this subpara-
graph by one or more independent medical as-
sociations, institutions of higher education, or 
both selected by the President for purposes of 
this subparagraph; and’’. 
(b) NOTICE OF AVAILABLE BENEFITS.—Such section 
is further amended by adding at the end the following: 
‘‘(d) NOTICE TO CLAIMANTS ON AVAILABLE BENE-
FITS.—The President shall provide to an individual who 
files a claim for compensation under this subtitle or sub-
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title E written notice on the benefits for which the indi-
vidual may be eligible under this Act.’’. 
SEC. 4. ENHANCEMENT OF SITE PROFILES OF DEPART-
MENT OF ENERGY FACILITIES. 
(a) INCLUSION OF TRADE NAMES OF CHEMICALS IN 
SITE PROFILES.—Subsection (c) of section 3633 of the 
Energy Employees Occupational Illness Compensation 
Program Act of 2000 (42 U.S.C. 7384w–1) is amended 
by adding at the end the following new sentence: ‘‘In iden-
tifying any chemical commonly used in a building or proc-
ess of a facility, an exposure assessment shall include the 
trade name (if any) of such chemical.’’. 
(b) PUBLIC ACCESS TO SITE PROFILES AND RE-
LATED INFORMATION.—Such section is further amended 
by adding at the end the following: 
‘‘(e) PUBLIC ACCESS TO SITE PROFILES AND RE-
LATED INFORMATION.—The Secretary of Labor shall 
make available to the public each site profile prepared 
under subsection (a) and any other database used by the 
Department to evaluate claims for compensation under 
this Act.’’. 
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SEC. 5. PAYMENT OF COMPENSATION TO SURVIVORS AND 
ESTATES OF CONTRACTOR EMPLOYEES. 
Section 3672 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (42 U.S.C. 
7385s–1) is amended to read as follows: 
‘‘SEC. 3672. COMPENSATION TO BE PROVIDED. 
‘‘Subject to the other provisions of this subtitle: 
‘‘(1) CONTRACTOR EMPLOYEES.— 
‘‘(A) IN GENERAL.—A covered DOE con-
tractor employee shall receive contractor em-
ployee compensation under this subtitle in ac-
cordance with section 3673. 
‘‘(B) COMPENSATION
AFTER
DEATH
OF 
CONTRACTOR EMPLOYEE.—Except as provided 
in paragraph (2)(B), if the death of a con-
tractor employee occurs after the employee ap-
plies for compensation under this subtitle but 
before such compensation is paid, the amount 
of compensation the employee would have re-
ceived under this paragraph shall be paid to a 
survivor of the employee (for purposes of sec-
tion 3674) or, if the employee has no survivors, 
the estate of the employee. 
‘‘(2) SURVIVORS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a survivor of a covered DOE 
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contractor employee shall receive contractor em-
ployee compensation under this subtitle in ac-
cordance with section 3674. 
‘‘(B) ELECTION
OF
CONTRACTOR
EM-
PLOYEE
COMPENSATION
OR
SURVIVOR
COM-
PENSATION.—A survivor who is otherwise eligi-
ble to receive compensation pursuant to both 
subparagraph (A) and paragraph (1)(B) shall 
not receive compensation pursuant to both sub-
paragraph (A) and paragraph (1)(B), but shall 
receive compensation pursuant to subparagraph 
(A) or paragraph (1)(B), as elected by the sur-
vivor.’’. 
SEC. 6. EXPANSION OF AUTHORITY OF OMBUDSMAN OF EN-
ERGY EMPLOYEES OCCUPATIONAL ILLNESS 
COMPENSATION PROGRAM. 
Section 3686 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (42 U.S.C. 
7385s–15) is amended— 
(1) by amending subsection (c) to read as fol-
lows: 
‘‘(c) DUTIES.—The duties of the Office shall be as 
follows: 
‘‘(1) To assist individuals in making claims 
under this subtitle and subtitle B. 
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‘‘(2) To provide information on the benefits 
available under this subtitle and subtitle B and on 
the requirements and procedures applicable to the 
provision of such benefits. 
‘‘(3) To act as an advocate on behalf of individ-
uals seeking benefits under this subtitle and subtitle 
B. 
‘‘(4) To make recommendations to the Sec-
retary regarding the location of centers (to be known 
as ‘resource centers’) for the acceptance and devel-
opment of claims for benefits under this subtitle and 
subtitle B. 
‘‘(5) To carry out such other duties as the Sec-
retary shall specify.’’; 
(2) in subsection (d), by inserting ‘‘or subtitle 
B’’ after ‘‘this subtitle’’; 
(3) in subsection (e), by inserting ‘‘and subtitle 
B’’ after ‘‘this subtitle’’ each place it appears; and 
(4) by striking subsection (g) and inserting the 
following: 
‘‘(g) CONTRACT AUTHORITY.—The Ombudsman may 
contract for the services of individuals with expertise in 
such matters, including health physics, medicine, indus-
trial hygiene, and toxicology, as the Ombudsman considers 
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appropriate for the performance of the duties of the Of-
fice.’’. 
SEC. 7. EXTENSION OF TIME FOR CLAIMANTS TO RESPOND 
TO REQUESTS FOR INFORMATION. 
If the Secretary of Labor requests information from 
an individual who has filed a claim for compensation under 
the Energy Employees Occupational Illness Compensation 
Program Act of 2000 with respect to that claim, the indi-
vidual shall have not less than 120 days to respond to 
the request. 
SEC. 8. EXTENSION OF STATUTE OF LIMITATIONS FOR JU-
DICIAL REVIEW OF CONTRACTOR EMPLOYEE 
CLAIMS. 
(a) IN GENERAL.—Section 3677(a) of the Energy 
Employees Occupational Illness Compensation Program 
Act of 2000 (42 U.S.C. 7385s–6(a)) is amended by strik-
ing ‘‘within 60 days’’ and inserting ‘‘not later than 1 
year’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to final decisions 
of the Secretary of Labor under subtitle E of the Energy 
Employees Occupational Illness Compensation Program 
Act of 2000 (42 U.S.C. 7385s et seq.) issued on or after 
the date of the enactment of this Act. 
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SEC. 9. PAYMENT OF TRANSPORTATION EXPENSES AND 
FOR PERSONAL CARE SERVICES. 
(a) IN GENERAL.—Not later than 90 days after the 
date of enactment of this Act, the Secretary of Labor shall 
prescribe regulations to provide for the direct payment to 
providers of the costs to individuals described in sub-
section (b) of— 
(1) personal care services (as that term is used 
in section 30.403 of title 20, Code of Federal Regu-
lations (as in effect on the day before the date of the 
enactment of this Act)) authorized pursuant to sec-
tion 3629 of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 
7384t); and 
(2) necessary and reasonable transportation ex-
penses incident to securing medical services, appli-
ances, or supplies pursuant to section 3629(c) of 
such Act. 
(b) COVERED INDIVIDUALS.—An individual described 
in this subsection is an individual who receives medical 
benefits under section 3629(a) of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 
(42 U.S.C. 7384t(a)). 
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SEC. 10. ENHANCEMENT OF TRANSPARENCY IN CLAIMS 
PROCESS. 
(a) INFORMATION PROVIDED UPON DENIAL
OF 
CLAIM; CORRESPONDENCE IN EASILY UNDERSTANDABLE 
LANGUAGE.—Not later than 90 days after the date of the 
enactment of this Act, the President shall prescribe regu-
lations to ensure that— 
(1) any notification to an individual making a 
claim under the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 that the 
claim has been denied, and all other correspondence 
with such an individual with respect to a claim, are 
written in language that is clear, concise, and easily 
understandable; and 
(2) any such notification is accompanied by an 
explanation of the reasons for denying the claim and 
a description of the information, if any, the indi-
vidual could have submitted that might have resulted 
in approval of the claim. 
(b) DOCUMENT RETENTION.—Not later than 90 days 
after the date of the enactment of this Act, the Secretary 
of Labor and the Secretary of Energy shall jointly pre-
scribe regulations to ensure that the Department of Labor 
and the Department of Energy— 
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(1) retain all original documents in the posses-
sion of such Departments related to a Department 
of Energy facility if— 
(A) employees of that facility might rea-
sonably be expected to file claims for compensa-
tion under the Energy Employees Occupational 
Illness Compensation Program Act of 2000; 
and 
(B) the documents might reasonably be ex-
pected to be used by such employees in making 
such claims; and 
(2) provide such employees access to such docu-
ments. 
SEC. 11. DEFINITION OF MEMBER OF SPECIAL EXPOSURE 
COHORT. 
(a) 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 new subparagraph: 
‘‘(D) The employee was so employed for a 
number of work days aggregating at least 250 
work days before January 1, 2006, by the De-
partment of Energy or a Department of Energy 
contractor or subcontractor at the Rocky Flats 
site in Colorado.’’. 
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(b) REAPPLICATION.—A claim that an individual 
qualifies, by reason of section 3621(14)(D) of the Energy 
Employees Occupational Illness Compensation Program 
Act of 2000 (as added by subsection (a) of this Act), for 
compensation or benefits under such Act shall be consid-
ered for compensation or benefits notwithstanding any de-
nial of any other claim for compensation with respect to 
such individual. 
Æ 
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