The Act/EEOICPA

The Energy Employees Occupational Illness Compensation Program Act of 2000 (the Act or EEOICPA; 42 U.S.C. 7384 et seq.)[207 KB (35 pages)] provides compensation and medical benefits to eligible workers (or certain survivors if the worker is deceased) for illnesses related to exposure to radiation or other toxic substances while employed at Department of Energy (DOE), its contractor, or subcontractor facilities.

The Act was passed on October 30, 2000, and became effective on July 31, 2001. The Department of Labor (DOL) manages claims filed under the Act.

Part B

Part B of the Act provides compensation as well as related medical expenses to workers who contracted certain diseases as a result of exposure to beryllium, silica, or radiation while working for DOE, its contractors, or subcontractors in the nuclear weapons industry. Survivors of these covered deceased workers may also be eligible for consideration for compensation.

To be eligible, an employee must have:

• cancer,
• chronic silicosis,
• beryllium sensitivity, or
• chronic beryllium disease and worked at a covered DOE facility, atomic weapons employer facility, or a beryllium vendor facility during a specified time period.

Compensation of $150,000 and payment of medical expenses from the date a claim is filed is available to:
 

• Employees of DOE, its contractors or subcontractors, and atomic weapons employers with cancer if:
  • the employee developed cancer after working at an EEOICPA covered facility; and
  • the employee’s cancer is determined “at least as likely as not” related to that employment in accordance with guidelines issued by the Department of Health and Human Services, or
  • the employee is determined to be a member of the Special Exposure Cohort (SEC) and developed a certain listed cancer
• Employees of DOE, its contractors and subcontractors, and designated beryllium vendors who worked at covered facilities where they were exposed to beryllium produced or processed for the DOE who developed Chronic Beryllium Disease; and
• Employees of DOE or its contractors and subcontractors who worked at least 250 days during the mining of tunnels at underground nuclear weapons tests sites in Nevada or Alaska and who developed chronic silicosis.

If the employee is no longer living, the compensation is payable to eligible survivors. Compensation of $50,000 and payment of medical expenses from the date a claim is filed is available for:

• Uranium workers (or their survivors) previously awarded benefits by the Department of Justice under Section 5 of Radiation Exposure Compensation Program (RECA).

Employees of DOE, its contractors and subcontractors who were exposed to beryllium on the job and now have beryllium sensitivity will receive medical monitoring to check for Chronic Beryllium Disease.

Note: NIOSH conducts occupational radiation dose reconstructions for certain workers with cancer who filed claims for compensation under Part B of the Act.

Part E

Part E provides compensation up to $250,000 and payment of medical expenses to employees of DOE contractors and subcontractors, or their survivors, who develop an illness due to exposure to toxic substances at certain DOE facilities. Uranium miners, millers, and ore transporters are also eligible for benefits if they develop an illness as a result of toxic exposure and worked at a facility covered under Section 5 of the Radiation Exposure Compensation Act (RECA). Under Part E, a toxic substance is not limited to radiation but includes things such as chemicals, solvents, acids and metals. More information on Part E can be found on DOL’s Division of Energy Employees Occupational Illness Compensation (DEEOIC)Website.

Note: DOL forwards cancer cases under Part E to NIOSH for dose reconstruction. DOL uses the results of the dose reconstruction to determine the if the worker’s cancer was caused by their exposure to radiation at the work site (probability of causation).

Amendments

There have been several amendments made to the Act since its passing. National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-107; Section 3151(b)) and the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375; Section 3161) made several amendments to EEOICPA.

National Defense Authorization Act of 2002

The National Defense Authorization Act of 2002 (NDAA) (Pub. L. 107-107) is a federal law that was enacted to specify that fiscal year’s budget and expenditures of the United States Department of Defense. Section 3151 of the NDAA made several amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), as follows:

• Revised the threshold standard for determining if a covered employee has contracted silicosis
• Clarified inclusion of Atomic Weapon Employer (AWE) employees as members of the Special Exposure Cohort (SEC)
• Clarified payment of attorney’s fees
• Clarified who qualifies as survivors and their entitlement to compensation benefits not paid to the covered employee
• Added a technical amendment dealing with certain covered leukemia
• Clarified the effect of EEOICPA on pertinent tort actions filed both before and after the original EEOICPA date of enactment, and subsequent to the date of enactment of the NDAA amendments to EEOICPA
• Required that NIOSH conduct a study on potential health effects of any residual contamination at certain facilities, with the cooperation of the Departments of Energy (DOE) and Labor (DOL), and report to Congress on the study’s results

For more information, visit the Frequently Asked Questions (FAQs): National Defense Authorization Act for Fiscal Year 2002 page.

The Ronald W. Reagan National Defense Authorization Act of 2005

The Ronald W. Reagan National Defense Authorization Act of 2005 (NDAA) (Pub. L. 108-375) is a federal law that was enacted to specify that fiscal year’s budget and expenditures of the United States Department of Defense. Section 3161 of the NDAA made several amendments to the Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA), as follows:

• Changes to Part B of EEOICPA
  • The definition of a “covered employee” was expanded to include workers who were employed at atomic weapons employer (AWE) facilities during time periods when NIOSH determined that significant residual contamination existed outside of the period when weapons-related production occurred.
  • A radiation dose definition only applicable to the residual contamination periods.
  • A time limit of 180 days was established for NIOSH to provide a recommendation to the Advisory Board regarding qualified Special Exposure Cohort (SEC) petitions.
  • The time limit Congress has to either approve or deny a class to be added to SEC was reduced from 180 days to 30 days.
• Changes to Part D of EEOICPA
  • Part D of EEOICPA that was managed by the Department of Energy (DOE) was replaced by Part E which is managed by DOL.
• Changes to Part E of EEOICPA
  • Part E of EEOICPA was created in the place of Part D.
  • This program provides federal compensation to covered employees based on the level of impairment and/or wage loss if they develop an occupational illness as a result of exposure to toxic substances at a DOE facility.
  • Medical benefits are also available to qualifying employees for treatment and care of the accepted occupational illness.
  • Certain survivors of deceased workers are also eligible to receive compensation.
  • Part E eligibility was added for uranium workers covered by section 5 of the Radiation Exposure Compensation Act managed by the Department of Justice.

For more information, visit the Frequently Asked Questions (FAQs): National Defense Authorization Act for Fiscal Year 2005 page.

Responsibilities

On December 7, 2000, the President issued Executive Order 13179 (65 FR 77487) assigning responsibilities to DOL, Department of Health and Human Services (HHS), and DOE for the management and implementation of EEOICPA (the Act) to ensure that workers and their families are compensated in a manner that is compassionate, fair, and timely. Other entities, as appropriate, also assist in this effort.

Advisory Board

• The development of guidelines for dose reconstruction
• The scientific validity and quality of dose reconstruction efforts
• Whether there is a class of employees at any DOE facility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose (upon request by the Secretary)
• Whether there is reasonable likelihood that such radiation doses may have endangered the health of members of the class (upon request by the Secretary)

Department of Energy (DOE)

DOE works with DOE contractors, subcontractors, and designated beryllium vendors to provide worker and facility records and data requested by HHS or DOL. In addition, DOE maintains a list of facilities covered under the Act. This list is published in the Federal Register and is periodically updated.

In addition to periodic publication of the list in the Federal Register, DOE also maintains the searchable covered facility database. This database contains additional information pertaining to each of the facilities noted in the Federal Register, including years of activity and a general overview of facility activities.

Department of Health and Human Services (HHS)

Under Part B of the Act, HHS was responsible for establishing procedures for estimating radiation doses, developing guidelines to determine the probability that a cancer was “at least as likely as not”caused by the exposure to radiation (Probability of Causation), estimating radiation doses (Dose Reconstruction), and determining a petition process outlining the procedures for adding classes of employees to the Special Exposure Cohort. HHS delegated its duties to one of its agencies, the National Institute for Occupational Safety and Health (NIOSH).

More information about HHS/NIOSH’s role under Part B of the Act can be found on our About DCAS page. There is also a video on DOE’s Website (Joint Outreach Task Group Video Series: NIOSH’s Role in EEOICPA – Part B ) that provides an overview of our role.

Department of Justice (DOJ)

The Act pays workers who were approved for compensation under Section 5 of Radiation Exposure Compensation Act (RECA) program (managed by DOJ), or their eligible survivors, an additional $50,000 and future medical benefits related to the condition for which they were approved for compensation under RECA. Although the Act extends additional compensation and benefits to RECA section 5 claimants, individuals filing under RECA section 4 may have independently valid claims under the Act. Part B of the Act provides a lump sum payment of $150,000 and payment of medical benefits for the condition for which the claim is approved to those individuals who were employees of DOE or DOE contractors or subcontractors and subsequently contracted a specified illness, or the eligible surviving beneficiaries of those employees.

RECA provides for compassionate payments to individuals who contracted certain cancers and other serious diseases as a result of their exposure to radiation released during above-ground nuclear weapons tests or as a result of their exposure to radiation during employment in underground uranium mines. This program provides compensation benefits for uranium miners and millers, as well as to ‘downwinders’ from atmospheric tests of nuclear weapons. DOJ is responsible for notifying uranium workers eligible for benefits under the RECA that they may also receive compensation from DOL under the Act.

Department of Labor (DOL)

Under Part B of the Act, DOL provides federal compensation of $150,000 and under certain criteria, payment of medical expenses to the DOE nuclear weapons production and testing program workers (including certain contractors, subcontractors, and atomic weapons employers) or their eligible survivors. Compensation of $50,000 and payment of medical expenses is also available for uranium workers (or their survivors) previously awarded benefits by the Department of Justice under Section 5 of the Radiation Exposure Compensation Act. Employees of DOE, its contractors and subcontractors who were exposed to beryllium on the job and now have beryllium sensitivity will receive medical monitoring to check for Chronic Beryllium Disease.

DOL is responsible for the receipt and overall management of claims under Part B, and determines whether an individual’s cancer was “at least as likely as not” caused by occupational exposure to radiation. Once a claim is filed, DOL determines if the employee worked at a covered facility during a covered time period and has a qualifying health condition. If the health condition in the claim is cancer, the case is then sent to NIOSH for dose reconstruction. Once the dose reconstruction is completed by NIOSH, the case is returned to DOL. At that time, DOL will determine whether or not the cancer was “at least as likely as not” caused by exposure to radiation during employment at a covered facility. Based upon this determination, DOL will either award or deny compensation.

Division of Compensation Analysis and Support (DCAS)

DCAS conducts activities to assist claimants and support the role of the Secretary of HHS under the Act.

• Developed scientific guidelines to determine the likelihood that a DOE or AWE (Atomic Weapons Employer) employee’s cancer is related to their occupational exposure to ionizing radiation (Probability of Causation).
• Developed methods to estimate worker exposure to radiation (Dose Reconstruction).
• Used the dose reconstruction regulations to develop estimates of radiation dose for workers who have applied for compensation.
• Established a process by which classes of workers can be considered for inclusion in a Special Exposure Cohort (SEC).
• Provided staff support for an independent Advisory Board that (1) advises on the methods, guidelines, and the program mentioned above, and (2) makes recommendations to HHS on petitions by classes of workers to be designated as members of the SEC.

More information about NIOSH/DCAS’ role under Part B of the Act can be found on our About DCAS page. There is also a video on DOE’s Website (Joint Outreach Task Group Video Series: NIOSH’s Role in EEOICPA – Part B that provides an overview of our role.

National Institute for Occupational Safety and Health (NIOSH)

NIOSH conducts activities to assist claimants and support the role of the Secretary of HHS. NIOSH is primarily responsible for conducting occupational dose reconstructions, as defined under Part B of the Act, for cancer claims and for overseeing the petition process for adding additional classes of employees under the Special Exposure Cohort (SEC).

Under the Act, NIOSH has:

• Developed scientific guidelines to determine the likelihood that a DOE or AWE (Atomic Weapons Employer) employee’s cancer is related to their occupational exposure to ionizing radiation (Probability of Causation).
• Developed methods to estimate worker exposure to radiation (Dose Reconstruction).
• Used the dose reconstruction regulations to develop estimates of radiation dose for workers who have applied for compensation.
• Oversaw a process by which classes of workers can be considered for inclusion in a Special Exposure Cohort (SEC).
• Provided staff support for an independent Advisory Board that (1) advises on the methods, guidelines, and the program mentioned above, and (2) makes recommendations to HHS on petitions by classes of workers to be designated as members of the SEC.

More information about NIOSH’s role under Part B of the Act can be found on our About DCAS page. There is also a video on DOE’s Website (Joint Outreach Task Group Video Series: NIOSH’s Role in EEOICPA – Part B) that provides an overview of our role.

Oak Ridge Associated Universities (ORAU)

• Database management
• Data collection related to claims and petitions
• Dose reconstruction research
• Claimant Interviews.
• Technical and program management support

Sanford Cohen & Associates (SC&A)

SC&A was contracted to support the Advisory Board on Radiation and Worker Health’s activities. Under the Act, the Advisory Board is required to review a reasonable sample of dose reconstructions for scientific validity and quality, assess the methods for dose reconstruction, and review Special Exposure Cohort (SEC) petitions. To assist the Advisory Board in these efforts, SC&A will provide the support services required to conduct task orders that may include, but not be limited to, the activities listed below:

• Individual Dose Reconstruction reviews
• NIOSH Site Profile and Technical Document reviews
• SEC petition reviews

For more information, visit our Frequently Asked Questions: Responsibilities Under the Act/EEOICPA page. The Department of Energy’s Office of Health, Safety and Security Website also has a video series that provides an overview of the roles and responsibilities of the federal government offices and entities involved in the Act/EEOICPA.

Rules and Regulations

Below are links to rules, regulations, and amendments related to the Act.