U.S. Department of Labor 

Office of Workers’ Compensation Programs

Advisory Board on Toxic Substances and Worker Health 

Charter

1. Official Designation

Advisory Board on Toxic Substances and Worker Health (the Advisory Board or Committee) 

2. Authority

The establishment of the Advisory Board was authorized by Section 3141(a) of the National 

Defense Authorization Act of 2015, Pub. L. 113-291 (December 19, 2014), which added 

Section 3687 to Pub. L. 106-398, and Executive Order 13699 (June 26, 2015), as updated by 

the National Defense Authorization Act of 2020, Pub. L. 116-92 (December 9, 2019) The

Advisory Board is governed by the provisions of the Federal Advisory Committee Act 

(FACA), Pub. L. 92-463 (5 U.S.C. 10), and its implementing regulations, which set forth 

standards for the formation and use of advisory committees. 

3. Objectives and Scope of Activities

The Advisory Board provides specifically enumerated categories of technical advice to the 

Secretary of Labor (Secretary) regarding aspects of the Energy Employees Occupational 

Illness Compensation Program Act (EEOICPA), 42 USC § 7384 et seq.

Since World War II, hundreds of thousands of men and women have served our Nation in 

building our nuclear defense. Thousands of these courageous Americans, however, paid a 

high price for their service, developing disabling or fatal illnesses as a result of hazards 

unique to nuclear weapons production and testing. The Federal Government enacted 

EEOICPA to provide fair and timely benefits to workers who contracted illnesses related to 

exposure to radiation or other toxic substances while employed by the Department of Energy 

(DOE) or its contractors. The statute specifically provides lump-sum compensation and 

health benefits to eligible DOE nuclear weapons workers (including employees, former 

employees, contractors, and subcontractors) and lump-sum compensation to certain survivors 

if the worker is deceased.

4. Description of Duties

The Advisory Board advises the Secretary with respect to: 

a. the Site Exposure Matrices (SEM) of the Department of Labor (DOL); 

b. medical guidance for claims examiners for claims with the EEOICPA program, with 

respect to the weighing of the medical evidence of claimants; 

c. evidentiary requirements for claims under EEOICPA subtitle B related to lung disease; 
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d. the work of industrial hygienists and staff physicians and consulting physicians of DOL,

and reports of such hygienists and physicians to ensure quality, objectivity, and 

consistency; 

e. the claims adjudication process generally, including review of procedure manual changes 

prior to incorporation into the manual and claims for medical benefits; and

f. such other matters as the Secretary considers appropriate.

The Advisory Board, when necessary, coordinates exchanges of data and findings with the 

Advisory Board on Radiation and Worker Health.

5. Agency or Official to Whom the Committee Reports

The Advisory Board reports to the Secretary of Labor. 

6. Support

The Office of Workers’ Compensation Programs (OWCP) will provide administrative 

services, funds, facilities, staff, and other necessary support services, and perform the 

administrative functions under the FACA, as amended (5 U.S.C. 10), to enable the Advisory 

Board to carry out its duties. 

The Secretary of Energy will ensure that the members and staff of the Advisory Board, and 

the contractors performing work in support of the Advisory Board, are afforded the 

opportunity to apply for a security clearance for any matter for which such a clearance is 

appropriate and should provide a determination on eligibility for clearance within 180 days 

of receiving a completed application.

The DOE will provide support to the Advisory Board as required by the Pub. L. 106-398, 

Section 3687(f) (security clearances and related costs) and Section 3687(g) (information 

including Restricted Data under the Atomic Energy Act of 1954 and Privacy Act data).

7. Estimated Annual Operating Costs and Staff Years

Estimated annual costs for operating the Advisory Board, including travel expenses for 

members and 2.5 person-years of staff support, is approximately $400,000 for each fiscal 

year of operation.

8. Designated Federal Officer

The Secretary will appoint staff to facilitate the Advisory Board’s work, and will also appoint 

a Director under subchapter VIII of chapter 33 of title 5, United States Code, who will serve 

as the Designated Federal Officer (DFO). This person will be a career employee in the 

Senior Executive Service (SES), appointed in accordance with agency procedures. A

member of the SES from OWCP, but not the Program Director for the EEOICPA program, 

will serve as DFO.
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The DFO will approve or call all Advisory Board meetings and subcommittee meetings, 

prepare and approve all meeting agendas, attend (or designate someone to attend) all

Advisory Board meetings and subcommittee meetings, chair meetings when directed to do so 

by the official to whom the Advisory Board reports, adjourn any meeting when the DFO 

determines adjournment to be in the public interest, assemble and maintain the reports, 

records and other papers of the Advisory Board, and carry out the provisions of the Freedom 

of Information Act (FOIA) (5 U.S.C. 552) with respect to Advisory Board records.

9. Estimated Number and Frequency of Committee Meetings

The Advisory Board will meet at least twice per year.

Meetings will be open to the public except as otherwise determined by the Secretary, in 

accordance with the Government in the Sunshine Act (5 U.S.C. 552b(c)) and Section 1009(d) 

of the FACA. Notice of all meetings will be given to the public.

10. Duration

As provided in Pub. L. 106-398, Section 3687(i), the Advisory Board will terminate on 

December 19, 2024, ten years after the date of the enactment of the legislation, which was 

enacted on December 19, 2014. 

11. Termination

This charter will expire two years from the date of filing.

12. Membership and Designation

The Secretary will appoint 12 to 15 members, one of whom the Secretary will appoint as 

Chair. In accordance with Section 3687(a)(2), Advisory Board appointments will be made in 

consultation with organizations with expertise on worker health issues to ensure that 

membership reflects a proper balance of perspectives from the scientific, medical, and 

claimant communities, and to address the tasks assigned to the Advisory Board.

Except as otherwise required by law, Advisory Board membership will be consistent with the 

applicable FACA regulations as follows. Membership on the Advisory Board will be fairly 

balanced. Members will come from a cross-section of those directly affected, interested, and 

qualified as appropriate to the nature and functions of the Advisory Board. The Advisory 

Board’s composition will therefore depend on several factors, including (i) the Advisory 

Board’s mission; (ii) the geographic, ethnic, economic, or scientific impact of the Advisory

Board’s recommendations; (iii) the types of specific perspectives required, as previously 

outlined; (iv) the need to obtain divergent points of view on the issues before the Advisory 

Board; and (v) the relevance of State, local or tribal governments to the development of the 

Advisory Board’s recommendations.
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To the extent permitted by FACA and other laws, Advisory Board membership should be 

consistent with achieving the greatest impact, scope, and credibility among diverse 

stakeholders. The diversity in such membership includes, but is not limited to, age, race,

gender, disability, sexual orientation, and gender identity. 

Pursuant to Section 3687(d) of Pub. L. 106-398, no Advisory Board member, employee, or 

contractor can have any financial interest, employment, or contractual relationship (other 

than a routine consumer transaction) with any person who has provided or sought to provide, 

within two years of their appointment or during their appointment, goods or services for 

medical benefits under EEOICPA. 

Members are Special Government Employees. A high degree of independence is important 

to maintain public trust of the Advisory Board, which is statutorily required to evaluate and 

offer opinions independently of the DOL compensation program. Members do not receive 

compensation for serving on the Advisory Board, but are allowed travel expenses, including 

per diem in lieu of subsistence as authorized by 5 U.S.C. 5703. 

Members serve two-year terms. At the Secretary’s discretion, members may be appointed to 

successive terms and removed at any time. The Secretary may designate an Advisory Board 

member to preside at an Advisory Board meeting if the Chair is not able to attend. 

13. Subcommittees

The Secretary may create any number of subcommittees and informal work groups for the

purpose of assisting the Advisory Board in carrying out its functions. Subcommittees and

informal work groups must report back to the Advisory Board and must not provide advice

or work products directly to the Secretary.

14. Recordkeeping

Detailed minutes are prepared for all Advisory Board, subcommittee, and informal work

group meetings. In addition, the records of the Advisory Board and any established

subcommittees or other subgroups of the Advisory Board will be handled in accordance with

General Records Schedule 6.2, Federal Advisory Committee Records, or other approved

agency records disposition schedule. Those records will be available for public inspection

and copying, subject to the Freedom of Information Act, 2 U.S.C. 552.

15. Filing Date

This charter is filed on the date indicated below.

________________________ ________________________ 

JULIE A. SU Date

Acting Secretary of Labor

June 14, 2023