Proposal to Ensure Timely Resolution of Special Exposure Cohort Petitions.

The Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA) established a framework for compensating US Department of Energy (US DOE) workers and their survivors for illnesses resulting from exposure to radiation and toxic substances. Central to this framework is the Special Exposure Cohort (SEC) Rule, which enables compensation for groups of workers when dose reconstruction is infeasible. Since 2005, over 275 SEC petitions have been evaluated, resulting in 132 SEC classes at 83 sites. The evaluation process, managed by the National Institute for Occupational Safety and Health (NIOSH) and overseen by the Presidential Advisory Board Radiation and Worker Health (Advisory Board), is intended to be completed in a timely manner, but often extends for years, especially for petitions initially denied. The Savannah River Site petition exemplifies these delays, remaining unresolved after 18 y. This document reviews the SEC petition process, highlights delays, and proposes two options for reform: (1) instituting a 6-y limit for petition evaluation, after which unresolved cases are decided by the Secretary of Health and Human Services; and (2) legislative establishment of SEC classes for all workers at major US DOE sites through 28 February 1992 with subsequent classes reviewed under current procedures. The two options proposed herein aim to ensure timely resolution and uphold Congressional intent for efficient compensation.