FAQs: The Act (EEOICPA)

The Act (42 U.S.C. 7384 et seq.) was originally passed on October 30, 2000, and became effective on July 31, 2001. The 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 the Act.

Subtitle B is a portion of the Act that provides compensation of $150,000 and medical benefits to employees (or their survivors) for illness caused by exposure to radiation, beryllium, and silicosis during their employment at DOE, its contractor, or subcontractor facilities.

Subtitle B provides benefits to eligible current or former employees of DOE, and certain of its vendors, contractors and subcontractors, and to certain survivors of such individuals. 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.

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

Anyone wishing to file a claim will need to complete the appropriate forms and submit them to the Department of Labor (DOL). Once you have completed the appropriate forms and submitted them to DOL, DOL will verify the eligibility of the claim and will submit eligible claims to NIOSH for dose reconstruction.

The appropriate forms and specific information on how to file a claim can be found by:

• Visiting DOL's EEOICP Website
  Contacting your nearest DOL Resource Center
  Calling DOL's toll-free call center: 1-866-888-3322
  Contacting your nearest DOL District Office:
  • Cleveland, Ohio: 1-888-859-7211
  • Denver, Colorado: 1-888-805-3389
  • Jacksonville, Florida: 1-877-336-4272
  • Seattle, Washington: 1-888-805-3401

Part B of the Act provides lump sum benefits up to $150,000, 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.

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.

Cancers, beryllium disease, and silicosis are covered under Subtitle B.

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

Subtitle D of The Act was managed by DOE and provided assistance to nuclear workers in obtaining state workers' compensation benefits as a result of work-related toxic substance illnesses.

On October 28, 2004, the President signed into law an amendment (Ronald W. Reagan National Defense Authorization Act) that replaced Subtitle D of The Act with a new program called Subtitle E, managed by DOL. The Department of Labor provides federal payments instead of state workers' compensation assistance.

Subtitle E is a compensation program under the Act managed by DOL. 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.

You can find additional information on Subtitle B by contacting us at:

• Direct: 513-533-6800
  Fax: 513-533-6826
  Toll Free: 1-877-222-7570
  Email: dcas@cdc.gov or ocas@cdc.gov

You can find additional information on Subtitle E, by:

• Visiting DOL's EEOICP Website
  Contacting your nearest DOL Resource Center
  Calling DOL's toll-free call center: 1-866-888-3322
  Contacting your nearest DOL District Office:
  • Cleveland, Ohio: 1-888-859-7211
  • Denver, Colorado: 1-888-805-3389
  • Jacksonville, Florida: 1-877-336-4272
  • Seattle, Washington: 1-888-805-3401