I 

113TH CONGRESS 

1ST SESSION H. R. 2905 

To amend the Energy Employees Occupational Illness Compensation Program 

Act of 2000 to strengthen the quality control measures in place for 

part B lung disease claims and to establish the Advisory Board on 

Toxic Substances and Worker Health for the contractor employee compensation program under subtitle E of such Act. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 1, 2013 

Mr. WHITFIELD (for himself, Mr. POLIS, Mr. PERLMUTTER, Mr. BEN RAY

LUJA ́N of New Mexico, Ms. DEGETTE, Mr. LOEBSACK, Ms. KAPTUR, Ms. 

BROWNLEY of California, Mr. YOUNG of Florida, Mr. PIERLUISI, and Mr. 

HONDA) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education 

and the Workforce, 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 amend the Energy Employees Occupational Illness Compensation Program Act of 2000 to strengthen the quality 

control measures in place for part B lung disease claims 

and to establish the Advisory Board on Toxic Substances 

and Worker Health for the contractor employee compensation program under subtitle E of such Act. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 2905 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Nuclear Workers 

3 Health Advisory Board Act’’. 

4 SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON 

5 TOXIC SUBSTANCES AND WORKER HEALTH. 

6 (a) ADVISORY BOARD ON TOXIC SUBSTANCES AND

7 WORKER HEALTH.—Subtitle B of the Energy Employees 

8 Occupational Illness Compensation Program Act of 2000 

9 (42 U.S.C. 7384l et seq.) is amended by adding at the 

10 end the following: 

11 ‘‘SEC. 3632. ADVISORY BOARD ON TOXIC SUBSTANCES AND 

12 WORKER HEALTH. 

13 ‘‘(a) ESTABLISHMENT.— 

14 ‘‘(1) IN GENERAL.—Not later than 120 days 

15 after the date of the enactment of this section, the 

16 President shall establish and appoint an Advisory 

17 Board on Toxic Substances and Worker Health (re18 ferred to in this section as the ‘Board’). 

19 ‘‘(2) CONSULTATION ON APPOINTMENTS.—The 

20 President shall make appointments to the Board in 

21 consultation with organizations with expertise on 

22 worker health issues in order to ensure that the 

23 membership of the Board reflects a proper balance 

24 of perspectives from the scientific, medical, legal, 

25 worker, worker families, and worker advocate com26 munities. 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 2905 IH

1 ‘‘(3) CHAIRPERSON.—The President shall des2 ignate a Chair of the Board from among its mem3 bers. 

4 ‘‘(b) DUTIES.—The Board shall— 

5 ‘‘(1) advise the President concerning the review 

6 and approval of the Department of Labor site expo7 sure matrix; 

8 ‘‘(2) conduct periodic peer reviews of, and ap9 prove, medical guidance for part E claims examiners 

10 with respect to the weighing of a claimant’s medical 

11 evidence; 

12 ‘‘(3) obtain periodic expert review of evidentiary 

13 requirements for part B claims related to lung dis14 ease regardless of approval; 

15 ‘‘(4) provide oversight over industrial hygien16 ists, Department of Labor staff physicians, and De17 partment of Labor’s consulting physicians and their 

18 reports to ensure quality, objectivity, and consist19 ency; and 

20 ‘‘(5) coordinate exchanges of data and findings 

21 with the Advisory Board on Radiation and Worker 

22 Health to the extent necessary (under section 3624). 

23 ‘‘(c) STAFF AND POWERS.— 

24 ‘‘(1) IN GENERAL.—The President shall ap25 point a staff to facilitate the work of the Board. The 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 2905 IH

1 staff of the Board shall be headed by a Director who 

2 shall be appointed under subchapter VIII of chapter 

3 33 of title 5, United States Code. 

4 ‘‘(2) FEDERAL AGENCY PERSONNEL.—The 

5 President may authorize the detail of employees of 

6 Federal agencies to the Board as necessary to enable 

7 the Board to carry out its duties under this section. 

8 The detail of such personnel may be on a non-reim9 bursable basis. 

10 ‘‘(3) POWERS.—The Board shall have same 

11 powers that the Advisory Board has under section 

12 3624. 

13 ‘‘(4) CONTRACTORS.—The Secretary shall em14 ploy outside contractors and specialists selected by 

15 the Board to support the work of the Board. 

16 ‘‘(d) EXPENSES.—Members of the Board, other than 

17 full-time employees of the United States, while attending 

18 meetings of the Board or while otherwise serving at the 

19 request of the President, and while serving away from 

20 their homes or regular place of business, shall be allowed 

21 travel and meal expenses, including per diem in lieu of 

22 subsistence (as authorized by section 5703 of title 5, 

23 United States Code) for individuals in the Federal Govern24 ment serving without pay. 

25 ‘‘(e) SECURITY CLEARANCES.— 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 2905 IH

1 ‘‘(1) APPLICATION.—The Secretary of Energy 

2 shall ensure that the members and staff of the 

3 Board, and the contractors performing work in sup4 port of the Board, are afforded the opportunity to 

5 apply for a security clearance for any matter for 

6 which such a clearance is appropriate. 

7 ‘‘(2) DETERMINATION.—The Secretary of En8 ergy should, not later than 180 days after receiving 

9 a completed application for a security clearance 

10 under this subsection, make a determination whether 

11 or not the individual concerned is eligible for the 

12 clearance. 

13 ‘‘(3) REPORT.—For fiscal year 2015, and each 

14 fiscal year thereafter, the Secretary of Energy shall 

15 include in the budget justification materials sub16 mitted to Congress in support of the Department of 

17 Energy budget for that fiscal year (as submitted 

18 with the budget of the President under section 

19 1105(a) of title 31, United States Code) a report 

20 specifying the number of applications for security 

21 clearances under this subsection, the number of such 

22 applications granted, and the number of such appli23 cations denied. 

24 ‘‘(f) INFORMATION.—The Secretary of Energy shall, 

25 in accordance with law, provide to the Board and the conVerDate Mar 15 2010 22:06 Aug 05, 2013 Jkt 029200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2905.IH H2905

emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 2905 IH

1 tractors of the Board, access to any information that the 

2 Board considers relevant to carry out its responsibilities 

3 under this section, including information such as re4 stricted data (as defined in section 11(y) of the Atomic 

5 Energy Act of 1954 (42 U.S.C. 2014(y))) and information 

6 covered by the Privacy Act.’’. 

7 (b) DEPARTMENT OF LABOR RESPONSE TO THE OF8 FICE OF THE OMBUDSMAN ANNUAL REPORT.—Section 

9 3686 of the Energy Employees Occupational Illness Com10 pensation Program Act of 2000 (42 U.S.C. 7385s–15) is 

11 amended— 

12 (1) in subsection (e)(1), by striking ‘‘February 

13 15’’ and inserting ‘‘July 30’’; and 

14 (2) by striking subsection (h) and inserting the 

15 following: 

16 ‘‘(h) RESPONSE TO REPORT.—Not later than 180 

17 days after the publication of the annual report under sub18 section (e), the Department of Labor shall submit an an19 swer in writing on whether the Department agrees or dis20 agrees with the specific issues raised by the Ombudsman, 

21 if the Department agrees, on the actions to be taken to 

22 correct the problems identified by the Ombudsman, and 

23 if the Department does not agree, on the reasons thereVerDate Mar 15 2010 22:06 Aug 05, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2905.IH H2905

emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 2905 IH

1 fore. The Department of Labor shall post such answer on 

2 the public Internet website of the Department.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS