7. Official Point of Contact

DOE designates the following individual as the official point of contact for this Memorandum of
Understanding:

Name: Beverly Cook
Title: Assistant Secretary for Environment, Safety and Health
Address: U.S. Department of Energy
1000 Independence Avenue, S.W.
EH-1, Room 7A-097
Washington, D.C. 20585
Telephone: (202) 586-0264

VI. DURATION

This MOU, effective when signed by both parties, shall initially remain in effect through fiscal
year 2007. The parties’ current intent is to renew this agreement at that time.

Vil. MODIFICATION OR CANCELLATION

This MOU or any of its specific provisions, may be canceled or amended by mutual, written
agreement of both parties at any time. Cancellation of this MOU by one of the parties may be
accomplished by a 90-day, advance written notification by either HHS or DOE to the other party.

VII. RESPONSIBLE OFFICIALS

U. S. DEPARTMENT OF HEALTH U.S. DEPARTMENT OF ENERGY
AND HUMAN SERVICES
By: : By:
(holew.
Claude Allen Kyle McSlarrow
Deputy Secretary Deputy Secretary

Date: 4/4fos Date: 4/ yp2


Ill. PURPOSE

This MOU sets forth the guidelines for collaboration between HHS and DOE in carrying out
their respective responsibilities under EEOICPA and Executive Order 13179. This MOU is not
intended to affect existing MOUs and Interagency Agreements (IA) between HHS and DOE or to
preclude HHS and DOE from entering into MOUs and IAs for other purposes.

IV. AUTHORITIES

This MOU is consistent with and is entered into under the authority of EEOICPA and Executive
Order 13179.

V. RESPONSIBILITIES
A. GENERAL - Executive Order 13179

Th onsibilities assigned itive 9 that are relevant to actual or
otential int ior een a follows:

1. Promulgate regulations establishing:
a) guidelines to assess the likelihood that an individual with cancer sustained the cancer
in the performance of duty at a DOE facility or an atomic weapons employer facility (42
C.F.R. Part 81, Guidelines for Determining the Probability of Causation under
EEOICPA), and
b) methods for arriving at and providing reasonable estimates of the radiation doses
received by individuals applying for assistance under EEOICPA for whom there are
inadequate records of radiation exposure (42 C.F.R. Part 82, Methods for Radiation Dose
Reconstruction under EEOICPA).

2. Develop and implement procedures for considering and issuing determinations on petitions by
classes of employees to be treated as members of the Special Exposure Cohort (SEC). (42 C.F.R.
Part 83, Procedures for Designating Classes of Employees as Members of the Special Exposure
Cohort under EEOICPA, proposed June 25, 2002),

3. With the assistance of DOE, apply the methods developed under 1(b), above, to estimate the
radiation doses received by individuals applying for assistance under EEOICPA.

4. Upon request from DOE, appoint physicians to serve on panels to consider individual
workers’ applications filed with DOE under its Worker Assistance Program established under
Subtitle D of EEOICPA.

5. Provide the Advisory Board on Radiation and Worker Health with administrative services,
funds, facilities, staff, and other necessary support services to carry out its functions under
EEOICPA and the Federal Advisory Committee Act.

2


DOE has amended its Privacy Act Systems of Records to include new routine uses required to
carry out EEOICPA responsibilities for the following systems of records:

DOE-05, Personnel Records of Former Contractor Employees;

DOE-33, Personnel Medical Records;

DOE-35, Personnel Radiation Exposure Records;

DOE-71, The Radiation Accident Registry;

DOE-72, The Department of Energy Radiation Study Registry;

DOE-73, The US-DTPA Registry; and

DOE-88, Epidemiologic and Other Health Studies, Surveys and Surveillances.

NAY PYNe

DOE will seek to amend its Privacy Act Systems of Records to include a new routine use
disclosure to HHS and its contractors pursuant to EEOICPA for the following systems of
records:

1, DOE-2, DOE-Personnel Supervisor Maintained Personnel Records;
2. DOE-13, Payroll and Leave Records; and
3. DOE-38, Occupational and Industrial Accident Records.

DOE maintains a moratorium on destruction of records that may be useful for epidemiological
purposes, and will continue to use that authority to maintain any records which are needed for
dose reconstruction.

For the purpose of independently reviewing any records, information or data that HHS
determines are relevant and necessary for carrying out its responsibilities under EEOICPA, and
as consistent with applicable laws, DOE will allow HHS personnel, HHS contractors, and the
Advisory Board, with appropriate clearances, access to DOE and DOE-owned contractor-
operated facilities. DOE will provide HHS personnel and contractors copies of all records,
information or data deemed relevant by HHS. Because EEOICPA requires timely compensation
for covered employees, DOE will provide copies of records, information and data in a timely
manner.

Upon request by NIOSH, DOE will provide certification that record searches requested by
NIOSH have been completed. Although DOE will work to provide a comprehensive response to
NIOSH requests, additional information relevant to a claim may be identified at a later date.
When DOE identifies such additional information, DOE will immediately notify HHS that the
new information has been found and will send HHS the additional information without delay.

2. Classification of Documents and Security Clearances

DOE and its contractors will continue to perform classification reviews of documents and data
necessary for HHS to carry out its responsibilities under EEOICPA. HHS personnel, HHS


The types of individuals, group-based, or general information that may be relevant to HHS’s
responsibility include, but are not limited to, the following:

1,

PAAMPYN

Individual worker monitoring data, such as dosimeter readings and bioassay
sample results;

Employment history for individual workers;

Group worker monitoring data;

Workplace area monitoring data;

Process description information and process history;

Incident, safety, and accident reports;

Pertinent excerpts from employee medical records;

Information on the quantity and composition of radioactive substances, including
the chemical form, particle size distribution, level of containment, and likelihood
of dispersion; and

Identification, last known address, and phone numbers of current and former
supervisors, occupational safety and health staff, and non-supervisory employees
of DOE and its contractors, subcontractors, and AWEs with expertise on items 1-
8 above.

A more complete list of information types that may be necessary and relevant for reconstructing
individual doses or evaluating SEC petitions is shown in Table 1, attached. To achieve
efficiency and minimize impact on DOE, HHS will request only the data and information
necessary to complete a dose reconstruction or SEC petition evaluation.

HHS will be responsible for the management of all data collected by HHS employees and
contractors, including data obtained from DOE and its contractors. HHS employees and
contractors will maintain all data in accordance with relevant provisions of the Privacy Act.
Should HHS have a question concerning the proper handling of a particular document or class of
documents, HHS will consult with DOE.

HHS amended its Privacy Act Systems of Records for an existing National Institute for
Occupational Safety and Health (NIOSH) system of records, 09-20-0147, “Occupational Health
Epidemiologic Studies - HHS/CDC/NIOSH” on August 15, 2002, to include a new routine use
required to carry out EEOICPA responsibilities.

2. Classification of Documents and Security Clearances

HHS personnel and contractors with appropriate security clearances will review documents
and data deemed by HHS to be relevant and necessary for carrying out HHS responsibilities
under EEOICPA. HHS will expedite completion of necessary applications for appropriate
security clearances to facilitate DOE’s clearance determinations and permit entry to DOE and
DOE-owned contractor-operated facilities.


i iv ler 13179 that are relevant to actual o

potential interactions between DOE and HHS are as follows:

1. Provide HHS and the Advisory Board on Radiation and Worker Health access, in accordance
with law, to all relevant information pertaining to worker exposures, including access to
restricted data and any other technical assistance needed to carry out their responsibilities.

2. Upon request from HHS, and as permitted by law, require a DOE contractor or subcontractor
to provide information relevant to a claim under EEOICPA.

3. Identify and notify potentially eligible individuals of the availability of compensation under
EEOICPA.

4. Designate and list atomic weapons employers (AWEs) and beryllium vendors pursuant to
EEOICPA and update these lists as required.

5. Establish a Worker Assistance Program to assist DOE contractor employees (and their
survivors) whose illness is caused by exposure to a toxic substance at a DOE facility in filing a
State workers’ compensation system claim. One element of this assistance shall include
submission of an application filed with DOE to physician panels appointed by HHS. DOE shall
obtain an agreement with a State prior to submitting any cases from that State for review by a
physician panel.

B. HHS Responsibilities

1. Identification of Data Needs

HHS will evaluate and identify the data, documents, and information that are relevant and
necessary for carrying out its responsibilities under EEOICPA, including estimating radiation
doses for individual covered employees with cancer, evaluating petitions by classes of employees
for inclusion in the SEC, and evaluating residual contamination at AWEs and beryllium vendors.

In conducting these activities, HHS will strive for efficiency in collecting dose reconstruction
information from DOE and its site contractors. To accomplish this goal, HHS will search
relevant in-house data sources to ensure that requests for access to necessary information are not
duplicative. HHS will request from DOE only the data and information relevant to individual
worker claims to conduct dose reconstruction or evaluate SEC class petitions. In addition, as
feasible, without delaying the individual dose reconstruction process and the consideration of
SEC petitions, HHS will work with DOE to identify pertinent existing databases and general
information needs relevant for entire processes, buildings, employment groups, or facilities.
This approach of first using HHS held data and information and then collecting individualized
data and, in parallel, seeking general and group data will facilitate timely and cost-efficient dose
reconstructions and evaluation of SEC class petitions. It is expected that this approach will best
enable the expeditious accretion of information and diminish the impact on DOE over time.

3


7. Official Point of Contact

HHS designates the following individual as the official point of contact for this Memorandum of
Understanding:

Name: John Howard, M.D.
Title: Director, National Institute for Occupational Safety and Health
Address: Room 715H
200 Independence Avenue, S.W.
Washington, D.C. 20201
Telephone: (202) 401-6997; Facsimile (202) 205-2207

C. DOE Responsibilities

1. Provision of Data to HHS

Upon request by HHS and consistent with applicable law, DOE will provide HHS and HHS
contractors with access to and copies of data, documents and information deemed by HHS to be
relevant and necessary for carrying out its responsibilities under EEOICPA, including estimating
radiation doses for individual covered employees with cancer, evaluating petitions by classes of
employees for inclusion in the SEC, and evaluating residual contamination at AWEs and
beryllium vendors. This access includes access to restricted data, as defined in section 11 of the
Atomic Energy Act of 1954 (42 U.S.C. § 2014 (y)).

DOE will provide HHS with data and information of the types described in section B. 1. above
(items 1-9), and Table 1 (attached) as needed and where such information exists, to enable HHS
to process current individual dose reconstructions and SEC class petitions, and to achieve more
timely and cost-effective processing of future dose reconstructions and SEC class petitions. The
primary strategy for achieving such increased timeliness and cost-effectiveness will be to provide
HHS with information and records on a process, building, employment group, or facility-wide
basis, which will gradually reduce the need for HHS to request information and records on a
case-by-case basis for dose reconstructions and SEC class petitions at the time they are being
processed.

DOE and HHS understand that while all the material in section B.1. above (items 1-9), and Table
1 (attached) is potentially relevant to each claim, the actual data necessary will vary among
claims. DOE and HHS also recognize that information about worker exposures will vary from
site to site. The agencies will work cooperatively to coordinate research and data retrieval
activities to assist in an efficient and effective claims process.

DOE has established a new Privacy Act System of Records which includes the necessary routine
uses required to carry out EEOICPA responsibilities for the following system of records:

1. DOE-10, Worker Advocacy Records.


Department of Energy
Washington, DC 20585

AUG 18 2004

Memorandum for EEOICPA Points of Contact

From: T.A. Rollow, P.E. eu.
Director

Office of Worker Advocacy

Subject: Cooperation with HHS on
Study Conducted by Sanford,
Cohen & Associates

The Advisory Board on Radiation and Worker Health is conducting a review in
connection with the Department of Health and Human Services implementation of
the Energy Employees Occupational Illness Compensation Program Act
(EEOICPA). The Department of Energy has been requested to assist in this
review by providing Sanford, Cohen & Associates with access to DOE sites and
records as specified in the Memorandum of Understanding (MOU) between the
Department of Energy and the National Institute for Occupational Safety and
Health (copy attached), and the procedures established under that MOU.

Attached for your information is recent correspondence in connection with this
request.

If you have any questions in regard to this study or the contractors’ requests at
your site, please contact Larry Elliott, Director of the Office of Compensation
Analysis and Support, NIOSH, 1-513-533-6825. For any other questions, feel
free to call Jeff Eagan, EH-8, at 202-586-4598.

We appreciate your cooperation.

ec: Larry Elliott, NIOSH
Jeff Eagan, EH-8

Attachments

@ Pred wth oy nk on reoycod paper


Table 1
Examples of Potentially Relevant Information for Reconstructing Doses and Evaluating
Special Exposure Cohort Petitions

NIOSH considers the following types of information as potentially relevant in conducting dose
reconstructions and evaluating petitions from classes of workers for inclusion in the Special
Exposure Cohort. The necessity and availability of this information is expected to vary
substantially from case to case, and this is not an exhaustive list of all information that may be
required for HHS to perform its duties under EEOICPA. HHS will attempt to target its requests
to those records necessary for specific dose reconstructions.

Worker monitoring data

(1) external dosimetry data, including external dosimeter readings (film badge, TLD,
neutron dosimeters)
(2) pocket ionization chamber data.

Internal dosimetry data

(1) urinalysis results

(2) fecal sample results

(3) in Vivo measurement results

(4) incident investigation reports

(5) breath radon and/or thoron results

(6) nasal smear results

(7) external contamination measurements

Monitoring program data

(1) analytical methods used for bioassay analyses

(2) performance characteristics of dosimeters for different radiation types

(3) historical detection limits for bioassay samples and dosimeter badges

(4) bioassay sample and dosimeter collection/exchange frequencies

(S) documentation of record keeping practices used to censor data and/or administratively
assigned dose

Workplace monitorii

(1) surface contamination surveys

(2) general area air sampling results

(3) breathing zone air sampling results

(4) radon and/or thoron monitoring results

(5) area radiation survey measurements (beta, gamma and neutron)
(6) fixed location dosimeter results (beta, gamma and neutron)


contractors, and the Advisory Board, with appropriate security clearances, will, in the course of
carrying out responsibilities under EEOICPA, review classified and controlled documents and
data to identify those that are needed to carry out various responsibilities under EEOICPA. DOE
will, wherever possible and in a timely manner, declassify, downgrade, or redact these documents
and data. DOE will facilitate HHS personnel and contractors obtaining appropriate security
clearances. HHS and DOE will establish procedures to address those documents and data that
cannot be declassified but may be necessary to complete dose reconstructions.

3. Provisi Other T ical Assistance to

DOE will provide assistance to HHS, upon request, in identifying and accessing information
needed to reconstruct radiation doses and evaluate petitions from classes of workers to be
included in the SEC for claims and petitions received from current and former employees and
survivors of AWEs. Other technical assistance will be provided to HHS, upon request, to aid in
the development of strategies to identify and prioritize for study AWE or beryllium vendor
facilities where significant contamination may have remained after activities relating to the
production of nuclear weapons was discontinued.

4, Timeliness of Provision of Data and Technical Assistance

DOE understands that time is of the essence in terms of providing information to HHS. DOE
will provide all requested information to HHS in a timely and efficient manner. If the requested
information cannot be provided in a timely manner, DOE will provide whatever portion of the
Tequested information is available and an estimate of when the remaining information will be
produced. Following transmission of this estimate, DOE will continue to work to provide all
requested information to HHS unless HHS notifies DOE that the remaining information is not
required,

5. DOE Contractor and AWE Communication and Assistance

DOE will work with its current and former contractor community and other relevant parties such
as AWEs, to facilitate access to information and records needed by HHS. DOE and HHS will
work together to develop clauses to be added to agreements with DOE contractors to ensure that
DOE contractors collect and maintain information needed to carry out DOE obligations under
this MOU, and HHS and its agents have the necessary access to that information.

6. Physician Panels

DOE will notify HHS when additional appointments are needed for physician panels. When
additional appointments are requested, DOE will provide HHS with information on the number
of appointments needed, the jurisdiction and location(s) of the panels where appointments are
needed, and the expertise needed in the members to be appointed. DOE will send each appointed
panel member a welcome letter and program information.


3. Requesti from DOE

HHS will direct requests for exposure information necessary to conduct dose reconstructions or
evaluate SEC petitions to DOE or other points of contact identified by DOE. These requests will
identify the specific type(s) of information needed, and, if appropriate, the identity of the
employee(s) whose records are needed. These requests will indicate that a timely response is
needed, and that if more than 60 days are required to provide the requested information, will ask
to be notified promptly.

Approximately monthly, HHS will provide to DOE and each designated point of contact, a status
report describing the number of requests sent, number of responses received to date, and a listing
of any requests that are outstanding for more than 60, 90, 120, and 150 days. This report will
also identify the status of follow-up requests for information,

4, Claimant Notification

HHS will provide final dose reconstruction results to DOE contemporaneously with reporting
those results to the claimant and DOL.

5. Physician Panels

Upon request of DOE, HHS will appoint members of the physician panels funded and
administered by DOE. HHS will consult with DOE concerning the appropriate disciplines and
experience level needed by physician panel members based on expected distribution of cases to
be referred to these panels. HHS will notify new panel members of their appointment, and
transmit a list of appointed panel members to DOE. HHS will select panel members for
reappointment in advance of the end of their term, and notify reappointed panel members and
DOE of their reappointment. HHS, in consultation with DOE, will identify appropriate
performance measures for physician panel members. HHS will evaluate the performance of
physician panel members using these performance measures, and report the results to DOE.
HHS will use the evaluations as it deems appropriate in considering reappointment of panel
members to additional terms,

6. Provision of Techni istance OE

Upon request, HHS will assist DOE with identifying, prioritizing, and, where possible, in
accordance with applicable laws, accessing information held by NIOSH that is needed to process
applications filed with DOE under Subtitle D of EEOICPA. DOE employees and contractors
will maintain all data in accordance with relevant provisions of the Privacy Act. Should DOE
have a question concerning the proper handling of a particular document or class of documents,
DOE will consult with HHS. HHS also agrees to discuss with DOE how HHS can provide
technical support to assist DOE in carrying out its responsibilities under Subtitle D.

5


MEMORANDUM OF UNDERSTANDING
BETWEEN THE
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
AND THE U.S. DEPARTMENT OF ENERGY

I, INTRODUCTION

This Memorandum of Understanding (MOU) serves to set forth the authorities, responsibilities,
and procedures between the Department of Health and Human Services (HHS) and the
Department of Energy (DOE) to conduct statutorily mandated activities required to assist with
claims processing under the Energy Employees Occupational Illness Compensation Program Act
of 2000 (EEOICPA). The EEOICPA provides for timely, uniform, and adequate compensation
of covered employees and, where applicable, survivors of such employees suffering from
illnesses incurred by such employees in the performance of duty.

HHS and DOE will make every effort to ensure that activities conducted under this MOU, as
well as those conducted through other mechanisms, are coordinated, nonduplicative, and
supportive of a fair and timely compensation program for these workers and their survivors.

i, BACKGROUND

The Energy Employees Occupational Illness Compensation Program Act of 2000 (EEOICPA),
Public Law 106-398, 114 Stat. 1654, 1654A-1231 (October 30, 2000), was enacted as Title
XXXVI of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (42
U.S.C. § 7384 et seq.). EEOICPA establishes a compensation program to provide lump sum
payments and medical benefits as compensation to covered employees suffering from designated
illnesses that occurred as a result of their exposure to radiation, beryllium, or silica while in the
performance of duty for the Department of Energy and certain of its vendors, contractors, and
subcontractors. This law also provides for compensation payments to certain survivors of
covered employees. In addition, the law requires DOE to assist DOE contractor employees who
have illnesses caused by exposure to a toxic substance at a DOE facility to obtain benefits from
State workers’ compensation programs.

EEOICPA instructed the President to designate one or more Federal agencies to carry out the
compensation program. Pursuant to this statutory provision, the President issued Executive
Order 13179, titled “Providing Compensation to America’s Nuclear Weapons Workers,” which
assigned primary responsibility for administering the compensation program to the Department
of Labor (DOL). This Executive Order assigned certain specific responsibilities to HHS and
DOE that are enumerated in other sections of this MOU. EEOICPA also instructed the President
to establish and appoint an Advisory Board on Radiation and Worker Health.


2004-007895 7/28/2004 03:41 PM

TRE SECRETARY OF HEALTH AND HUMAN SERVICES
WASHINGTON, D.C, 20201

JUL 2 1.2004

The Honorable Spencer Abraham
Secretary

U.S. Department of Energy

1000 Independence Avenue, S.W.
Washington, D.C. 20585

Dear Secretary Abraham:

J am writing to ask your support of an effort by this Department’s Advisory Board on Radiation
and Worker Health to implement certain provisions of the Energy Employees Occupational Injury
Compensation Program Act (EEOICPA). These provisions require an independent review of our
methods for establishing eligibility for compensation of persons suffering from illnesses incurred
in the performance of duty for the Department of Energy (DOE) and certain of its contractors and
subcontractors.

In order to effect this independent review, the Board, supported by our National Institute for
Occupational Safety and Health (NIOSH), has hired a contractor — Sanford, Cohen, & Associates.
The contractor’s staff, working under guidelines established by the Board, will need access to DOE
Sites, to the sites’ operational history experts, and to appropriate records maintained at the sites or by
DOE. Security clearances will also be needed for some contractor staff.

The Board believes that the best way to facilitate these activities is to use the current Memorandum
of Understanding (MOU) between our Departments, and the procedures established under that
MOU. These procedures appear to be working well in providing NIOSH with the records (both
classified and unclassified) and other information needed, while minimizing unnecessary disruptions.

Accordingly, I request that you inform the appropriate DOE offices and site contractors about this review
activity, and that you direct their assistance in facilitating access to the sites and to the personnel and
records necessary for the review, consistent with the current procedures established under our MOU. This
assistance should also include addressing necessary security clearance issues, Within DOE, Mr. Thomas
Rollow, Director of your Office of Worker Advocacy, is quite familiar with this matter. I believe that a
directive from you or from an appropriate senior official will help to ensure that the Board can carry out
our mutual legally mandated activities as quickly and efficiently as possible.

I appreciate your assistance. Should your staff require additional information, they should contact
Larry J. Elliott, Director of NIOSH’s Office of Compensation Analysis and Support, at (513) 533-6825.

Sincerely,

zy dh Mgr


Department of Energy
Washington, DC 20585

AUS 16 20%

The Honorable Tommy G. Thompson
Secretary

Health and Human Services
Washington, DC 20201

Dear Secretary Thompson:

Thank you for your letter of July 21, 2004, on behalf of the Advisory Board on
Radiation and Worker Health. You requested that the Department of Energy
issue a directive to appropriate DOE offices and site contractors to inform them
about a review being conducted by Sanford, Cohen & Associates. You requested
that the reviewers be provided assistance consistent with the Memorandum of
Understanding (MOU) between the Department of Energy and the National
Institute for Occupational Safety and Health, and the procedures established under
_ that MOU.

A copy of your letter has been forwarded to our DOE site Points of Contact for
the Energy Employees Occupational Illness Compensation Program Act
(EEOICPA) and to their Program Secretarial Officers, to inform them of this
review and to request that they provide the appropriate assistance.

If you have any questions, please contact Mr. Rick Dearborn, Assistant Secretary
for Congressional and Intergovernmental Affairs, at (202) 586-5450.

Sincerely,

Wil

T.A. Rollow, P.E.

Director

Office of Worker Advocacy

Office of Environment, Safety and Health

(3) Pris wth so hk on oct paper


Workplace ch: ization

(1) Information on the external exposure environment, including: radiation type (gamma, x-
ray, neutron, beta, other charged particle); radiation energy spectrum; uniformity of
exposure (whole body vs partial body exposure); irradiation geometry; and work-required
medical screening x rays.

Infc tion cl rizing i expos

(1) radionuclide(s) and associated chemical forms
(2) results of particle size distribution studies
(3) respiratory protection practices

Process descriptions for each w

(1) general description of the process

(2) characterization of the source term (i.c., the radionuclide and its quantity)
(3) extent of encapsulation

(4) methods of containment

(5) other information to assess potential for airborne dispersion