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 facili-
ties under the jurisdiction of the Department of Energy. 
SEC. 3. SPECIFIED DISEASE. 
Section 4(b)(2) of the Radiation Exposure Com-
pensation 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 cata-
racts, nonmalignant thyroid nodular disease, para-
thyroid adenoma, malignant tumors of the brain and 
central nervous system, brochio-alveolar carcinoma, 
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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 Com-
pensation 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 em-
ployer,’’ after ‘‘atomic weapons employer’’. 
(b) ESTABLISHED CHRONIC BERYLLIUM DISEASE.— 
Section 3621 of the Energy Employees Occupational Com-
pensation Program Act of 2000 (42 U.S.C. 7384l) is 
amended by striking paragraph (13) and inserting the fol-
lowing: 
‘‘(13) ESTABLISHED CHRONIC BERYLLIUM DIS-
EASE.—The term ‘established chronic beryllium dis-
ease’ means chronic beryllium disease, as established 
by— 
‘‘(A) an occupational or environmental his-
tory, or epidemiological evidence of beryllium 
exposure; and 
‘‘(B) any 3 of the following criteria: 
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‘‘(i) Characteristic chest radiographic 
(or computed tomography) abnormalities. 
‘‘(ii) Restrictive or obstructive lung 
physiology testing or a diffusing lung ca-
pacity defect. 
‘‘(iii) Lung pathology consistent with 
chronic beryllium disease. 
‘‘(iv) A clinical course consistent with 
a chronic respiratory disorder. 
‘‘(v) 
An 
immunologic 
test 
dem-
onstrating beryllium sensitivity (with pref-
erence given to a skin patch test or a be-
ryllium blood test).’’. 
(c) MEMBER OF SPECIAL EXPOSURE COHORT.— 
(1) IN GENERAL.—Section 3621(14) of the En-
ergy 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 subpara-
graph (A), (B), or (C); and 
‘‘(ii) was employed by the Department 
of Energy, or a contractor or subcontractor 
of the Department of Energy, before Janu-
ary 1, 2006.’’. 
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(2) REAPPLICATION.—A claim for which an in-
dividual 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 com-
pensation 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 indi-
vidual. 
(d) SPECIFIED CANCERS.— 
(1) IN GENERAL.—Section 3621(17) of the En-
ergy Employees Occupational Compensation Pro-
gram Act of 2000 (42 U.S.C. 7384l(17)) is amend-
ed— 
(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 in-
dividual qualifies, by reason of subparagraph (E) or 
(F) of paragraph (17) of section 3621 of the Energy 
Employees Occupational Illness Compensation Pro-
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gram 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 consid-
ered 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 CAN-
CER. 
Section 3623(b) of the Energy Employees Occupa-
tional Compensation Program Act of 2000 (42 U.S.C. 
7384n(b)) is amended by striking ‘‘if, and only if, the can-
cer 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; 
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(2) by redesignating subparagraph (B) as sub-
paragraph (C); and 
(3) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) lists that contain descriptions of phy-
sicians 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 subpara-
graph; and’’. 
(b) NOTICE
OF
AVAILABLE
BENEFITS.—Section 
3631 of the Energy Employees Occupational Illness Com-
pensation 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 
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the benefits for which the individual may be eligible under 
this Act.’’. 
SEC. 7. ENHANCEMENT OF SITE PROFILES OF DEPART-
MENT 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 RE-
LATED INFORMATION.—Section 3633 of the Energy Em-
ployees 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: 
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‘‘(e) PUBLIC ACCESS TO SITE PROFILES AND RE-
LATED 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 re-
quired to process each claim, as measured from the 
date on which the claim is filed to the final disposi-
tion of the claim.’’. 
SEC. 8. CLARIFICATION OF COVERED ILLNESSES. 
(a) DEFINITION
OF COVERED ILLNESS.—Section 
3671 of the Energy Employees Occupational Compensa-
tion 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 ill-
ness’ means an illness or death resulting from expo-
sure to a toxic substance, including— 
‘‘(A) all forms of cancer; 
‘‘(B) silicosis; 
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‘‘(C) asbestosis; 
‘‘(D) mesothelioma; 
‘‘(E) lung fibrosis; 
‘‘(F) chronic obstructive pulmonary dis-
ease; 
‘‘(G) chronic renal insufficiency; 
‘‘(H) peripheral neuropathy; 
‘‘(I) chronic encepathalopathy; 
‘‘(J) occupational asthma; and 
‘‘(K) pneumoconiosis.’’. 
(b) REAPPLICATION.—A claim for which an indi-
vidual qualifies, by reason of section 3671(2) of the En-
ergy 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.— 
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‘‘(1) CONTRACTOR EMPLOYEES.— 
‘‘(A) IN
GENERAL.—In accordance with 
section 3673, a covered contractor employee of 
the Department of Energy shall receive con-
tractor employee compensation under this sub-
title. 
‘‘(B) COMPENSATION
AFTER
DEATH
OF 
CONTRACTOR EMPLOYEE.—Except as provided 
in paragraph (2)(B), if the death of a con-
tractor 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 com-
pensation is paid, the amount of compensation 
that the contractor employee would have re-
ceived under this paragraph shall be paid to— 
‘‘(i) a survivor of the contractor em-
ployee 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 con-
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tractor employee of the Department of Energy 
shall receive contractor employee compensation 
under this subtitle in accordance with section 
3674. 
‘‘(B) ELECTION
OF
CONTRACTOR
EM-
PLOYEE
COMPENSATION
OR
SURVIVOR
COM-
PENSATION.—A survivor of a contractor em-
ployee described in subparagraph (A) who is 
otherwise eligible to receive compensation pur-
suant 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 pursu-
ant to both subparagraph (A) and para-
graph (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 
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‘‘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 Occupa-
tional Compensation Program Act of 2000 (42 U.S.C. 
7385s–4(c)(1)) is amended— 
(1) in subparagraph (A), by inserting ‘‘(includ-
ing radiation or a combination of a toxic substance, 
including heavy metals, and radiation)’’ after ‘‘toxic 
substance’’; and 
(2) in subparagraph (B), by inserting ‘‘(includ-
ing radiation or a combination of a toxic substance 
and radiation)’’ after ‘‘toxic substance’’. 
SEC. 12. EXTENSION OF STATUTE OF LIMITATIONS FOR JU-
DICIAL REVIEW OF CONTRACTOR EMPLOYEE 
CLAIMS. 
Section 3677(a) of the Energy Employees Occupa-
tional 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’’. 
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SEC. 13. EXPANSION OF AUTHORITY OF OMBUDSMAN OF 
ENERGY EMPLOYEES OCCUPATIONAL ILL-
NESS 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 sub-
title and subtitle B; and 
‘‘(B) the requirements and procedures ap-
plicable to the provision of the benefits de-
scribed in subparagraph (A); 
‘‘(3) function as an advocate on behalf of indi-
viduals seeking benefits under this subtitle and sub-
title B; 
‘‘(4) make recommendations to the Secretary 
regarding the location of centers (to be known as 
‘resource centers’) for the acceptance and develop-
ment of claims for benefits under this subtitle and 
subtitle B; and 
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‘‘(5) carry out such other duties as the Sec-
retary 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 con-
siders appropriate for the performance of the duties of the 
Office, including matters relating to health physics, medi-
cine, 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— 
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(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 en-
actment 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 ex-
penses incident to securing medical services, appli-
ances, or supplies pursuant to section 3629(c) of the 
Energy Employees Occupational Illness Compensa-
tion 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 Ill-
ness 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 lan-
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guage that is clear, concise, and easily understand-
able; 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 promul-
gate regulations to ensure that the Department of Labor 
and the Department of Energy— 
(1) retain each original document in the posses-
sion 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 rea-
sonably be expected to file a claim for com-
pensation under the Energy Employees Occupa-
tional Illness Compensation Program Act of 
2000 (42 U.S.C. 7384 et seq.); and 
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(B) the document might reasonably be ex-
pected to be used by any employee described in 
subparagraph (A) in making a claim for com-
pensation under the Energy Employees Occupa-
tional Illness Compensation Program Act of 
2000 (42 U.S.C. 7384 et seq.); and 
(2) provide each employee described in para-
graph (1)(A) with access to each document described 
in that paragraph. 
SEC. 16. EXTENSION OF TIME FOR CLAIMANTS TO RE-
SPOND 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 infor-
mation that relates to the claim for compensation, the in-
dividual shall be required to respond to the request by not 
earlier than 120 days after the date on which the indi-
vidual receives the request. 
Æ 
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