H.R. 904House110th Congress (2007-2009)In Committee

Rocky Flats Special Exposure Cohort Act

Sponsored by Mark UdallRep. Mark Udall (D-CO)
Introduced February 7, 2007

Legislative Activity

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4 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Workforce Protections.

June 5, 2007

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HouseIntro Referral

Introduced in House

February 7, 2007

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E292-293)

February 7, 2007

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

February 7, 2007

HouseCommittee

Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.

March 1, 2007

HouseCommittee

Referred to the Subcommittee on Workforce Protections.

June 5, 2007

Floor Debate

17 members

What members said about H.R. 904 on the floor

8 Republicans9 Democrats
Christopher J. Dodd
Sen. Christopher J. DoddD-CT · Mar 1, 2007

Mr. President, as we move forward in the coming months in the Senate Committee on Rules and Administration on critical election reform hearings, I wanted to take this opportunity to re-introduce my…

Susan M. Collins
Sen. Susan M. CollinsR-ME · Mar 1, 2007

Mr. President, from Pickerel Pond to Lake Auburn, from Sebago Lake to Bryant Pond, lakes and ponds in Maine are under attack. Aquatic invasive species threaten Maine's drinking water systems,…

Mary L. Landrieu
Sen. Mary L. LandrieuD-LA · Mar 1, 2007

Mr. President, as I come to the floor today to speak, there are countless small businesses in the Gulf Coast, right this moment, that are open for business. The fact that they are open at all is a…

Jeff Bingaman
Sen. Jeff BingamanD-NM · Mar 1, 2007

Mr. President, today I am reintroducing legislation entitled the Children's Dental Health Improvement Act of 2007, along with several of my colleagues. This legislation is designed to improve the…

Carl Levin
Sen. Carl LevinD-MI · Mar 1, 2007

Mr. President, every day across our Nation, families, friends, and entire communities mourn the loss of fallen soldiers, sailors, airmen and marines. Michigan has lost 130 heroes in the wars in Iraq…

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Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Mar 1, 2007

Mr. President, in the wake of the tragic events of September 11, Congress, the Administration and the country faced the urgent need to do all we can to strengthen our national security and…

Ken Salazar
Sen. Ken SalazarD-CO · Mar 1, 2007

Mr. President, I rise today to speak about legislation I introduced today. The Rocky Flats Special Exposure Cohort Act will at long last repay our debt to the patriotic American workers of Rocky…

Russell D. Feingold
Sen. Russell D. FeingoldD-WI · Mar 1, 2007

Mr. President, today, along with my colleague Senator Collins from Maine, I am introducing legislation to help businesses form group-purchasing cooperatives to obtain enhanced benefits, to reduce…

Arlen Specter
Sen. Arlen SpecterR-PA · Mar 1, 2007

Mr. President, I have sought recognition to introduce legislation to provide relief to the rising number of taxpayers impacted by the Alternative Minimum Tax (AMT). Between a lack of indexing for…

Thad Cochran
Sen. Thad CochranR-MS · Mar 1, 2007

Mr. President, today, I am introducing the Teaching Geography is Fundamental Act. I am pleased to be joined by my friend from Connecticut Mr. Dodd. The purpose of this bill is to improve geographic…

Mark Udall
Rep. Mark UdallD-CO-2 · Aug 1, 2008

Madam Speaker, today I am introducing a bill to improve the workings of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA). The bill, cosponsored by my Colorado colleague,…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Mar 1, 2007

Mr. President, I rise today to talk about a project of great importance to my State and our environment--one that has been discussed before on this floor when I helped unveil a vision that would…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Mar 1, 2007

Mr. President, today I am pleased to introduce the Freedom to Travel to Cuba Act with Senator Dorgan and a number of Senators. This legislation addresses only the travel provisions of our Cuba…

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Barack Obama
Sen. Barack ObamaD-IL · Mar 1, 2007

Mr. President. I am proud to introduce the Voter Advocate and Democracy Index Act of 2007 with the goal of having the Act help inform voters and State officials on how well their States are doing on…

Norm Coleman
Sen. Norm ColemanR-MN · Mar 1, 2007

Mr. President, the legislation that I am introducing today along with Senator's Kennedy and Kyl will install tougher penalties on those who commit terrorism hoaxes. This is a very important issue to…

Jon Kyl
Sen. Jon KylR-AZ · Mar 1, 2007

Mr. President, today I am pleased to join with Senator McCain introducing the Walnut Canyon Study Act of 2007. I cosponsored similar legislation in the last Congress. That legislation had a favorable…

John McCain
Sen. John McCainR-AZ · Mar 1, 2007

Mr. President, I am pleased to be joined by Senator Kyl in reintroducing legislation to authorize a special resources and land management study for lands adjacent to the Walnut Canyon National…

Bill Text

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Introduced in HouseIssued February 7, 2007

I

110th CONGRESS

1st Session

H. R. 904

IN THE HOUSE OF REPRESENTATIVES

February 7, 2007

Mr. Udall of Colorado (for himself and Mr. Perlmutter) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To better provide for compensation for certain persons injured in the course of employment at the Rocky Flats site in Colorado.

1.

Short title

This Act may be cited as the Rocky Flats Special Exposure Cohort Act.

2.

Findings and Purpose

(a)

Findings

The Congress finds the following:

(1)

The Energy Employees Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7384 et seq.) (referred to in this section as the Act) was enacted to ensure fairness and equity for the civilian men and women who, during the past 50 years, performed duties uniquely related to the nuclear weapons production and testing programs of the Department of Energy and its predecessor agencies by establishing a program that would provide efficient, uniform, and adequate compensation for beryllium-related health conditions and radiation-related health conditions.

(2)

The Act provides a process for consideration of claims for compensation by individuals who were employed at relevant times at various locations, but also includes provisions designating employees at certain other locations as members of a special exposure cohort whose claims are subject to a less-detailed administrative process.

(3)

The Act also authorizes the President, upon recommendation of the Advisory Board on Radiation and Worker Health, to designate additional classes of employees at Department of Energy facilities as members of the special exposure cohort if the President determines that—

(A)

it is not feasible to estimate with sufficient accuracy the radiation dose that the class received; and

(B)

there is a reasonable likelihood that the radiation dose may have endangered the health of members of the class.

(4)

It has become evident that it is not feasible to estimate with sufficient accuracy the radiation dose received by employees at the Department of Energy facility in Colorado known as the Rocky Flats site for the following reasons:

(A)

Many worker exposures were unmonitored or were not monitored adequately over the lifetime of the plant at the Rocky Flats site. Even in 2004, a former worker from 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 more than 50 years.

(B)

No lung counter for detecting and measuring plutonium and americium in the lungs existed at Rocky Flats until the late 1960s. Without this equipment, the very insoluble oxide forms of plutonium cannot be detected, and a large number of workers had inhalation exposures that went undetected and unmeasured.

(C)

Exposure to neutron radiation was not monitored at the Rocky Flats site until the late 1950’s, and most of those measurements through 1970 have been found to be in error. In some areas of the plant at the site, the neutron doses were as much as 2 to 10 times as great as the gamma doses received by workers, but only gamma doses were recorded.

(D)

Radiation exposures of many workers at the Rocky Flats site were not measured (and in some cases estimated doses were assigned), while some records have been destroyed or lost. As a result, the exposure histories and other data available are not adequate to properly determine whether Rocky Flats workers qualify for compensation under the Act.

(E)

The model that has been used for dose reconstruction by the National Institute for Occupational Safety and Health (referred to in this section as the Institute) in determining whether Rocky Flats workers qualify for compensation under the Act is in error. The default values used for particle size and solubility of the internally deposited plutonium in workers are in error. Use of these erroneous values to calculate internal doses for claimants can result in dose calculations of as much as 3 to 10 times below what the Rocky Flats records and autopsy data indicate.

(5)

The administrative costs related to Rocky Flats claims have been disproportionately high relative to the number of claims that have been processed.

(6)

Some Rocky Flats workers, despite having worked with tons of plutonium and having known exposures leading to serious health effects, have been denied compensation under the Act as a result of potentially flawed calculations based on records that are incomplete or in error, as well as the use of incorrect models.

(7)

Achieving the purposes of the Act with respect to workers at Rocky Flats is more likely to be achieved if claims by those workers are subject to the administrative procedures applicable to members of the special exposure cohort.

(b)

Purpose

The purpose of this Act is to revise the Energy Employees Occupational Illness Compensation Program Act of 2000 to include certain Rocky Flats workers as members of the special exposure cohort.

3.

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 Department of Energy or a Department of Energy contractor or subcontractor at the Rocky Flats site in Colorado.

.

(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 considered for compensation or benefits notwithstanding any denial of any other claim for compensation with respect to such individual.