THE SECRETARY OF HEALTH AND HUMAN SERVICES 

WASHINGTON, D.C. 20201 

March 18, 2022 

CHARTER 

ADVISORY BOARD ON RADIATION AND WORKER HEALTH 

Committee . 

Advisory Board on Radiation and Worker Health (the Board). 

Authority. 

The Advisory Board on Radiation and Worker Health (the Board) was established pursuant to 

Section 3624 of Public Law 106-398, and Section 4 of Executive Order 13179, "Providing 

Compensation to America's Nuclear Weapons Workers," dated December 7, 2000. The Board is 

governed by the provisions of the Federal Advisory Committee Act, Public Law 92-463, as 

amended (5 U.S.C. App. 2). The statutory authority for the Board is codified at 42 U.S.C. §7384o. 

The Board is continued under Executive Order 14048, dated September 30, 2021. 

Objective and Scope of Activities. 

The President is authorized by Public Law 106-398 to carry out the Energy Employees 

Occupational Illness Compensation Program Act of 2000. Since World War II, many men and 

women have served in building the Nation's nuclear defense and, in the course of this work, have 

been exposed to beryllium, ionizing radiation, and other hazards unique to nuclear weapons 

production and testing. The purpose of the compensation program is to provide for fair and 

timely compensation of covered employees and, where applicable, survivors of such employees, 

suffering from illnesses incurred by such employees in the performance of duty for the 

Department of Energy (DOE) and certain of its contractors and subcontractors. Key functions of the 

Board include providing advice on the development of probability of causation guidelines; advice on 

methods of dose reconstruction efforts; advice on the scientific validity and quality of dose 

estimation and reconstruction efforts being performed for purposes of the compensation program; 

and advice on petitions to add classes of workers to the Special Exposure Cohort (SEC). 

The Secretaries of Energy, Health and Human Services, and Labor share responsibilities for 

administering the compensation program. Section 3624 of Public Law 106-398 authorizes the 

President to establish and appoint the Board, and by Executive Order 13179, the President has 

designated responsibility for the Board to the Secretary, Department of Health and Human 

Services (HHS). 

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Description of Duties. 

Section 4(b) of Executive Order 13179 states that the Board shall provide advice to the 

Secretary, HHS on: (1) the development of guidelines to assess the likelihood that an individual 

with cancer sustained the cancer in the performance of duty at a DOE or an Atomic Weapons 

Employer (AWE) facility, and methods for arriving at and providing reasonable estimates of the 

radiation doses received by individuals applying for assistance under this program for whom 

there are inadequate records of radiation exposure; (2) the scientific validity and quality of dose 

reconstruction efforts performed for purposes of the compensation program; and (3) upon request 

by the Secretary, HHS, whether there is a class of employees at any DOE or AWE facility who 

were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on 

whether there is reasonable likelihood that such radiation dose may have endangered the health 

of members of the class. 

Agency or Official to Whom the Board Reports. 

The Board shall provide advice to the Secretary, HHS on the matters specified under Section 

3624 of Public Law 106-398 and section 4(b) of Executive Order 13179. 

Support. 

The Department of Health and Human Services shall provide administrative services, funds, 

facilities, staff, and other necessary support services, and perform the administrative functions of 

the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App. 2), with 

respect to the Board. 

Estimated Annual Operating Costs and Staff Years. 

Estimated annual cost for operating the Board, including compensation and travel expenses for 

members, but excluding staff support, is $221,863. Estimated annual person-years of staff 

support required is 4.13, at an estimated annual cost of $601,525. 
 

 

 

 

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Designated Federal Officer. 

The Centers for Disease Control and Prevention (CDC) will select a full-time or permanent parttime Federal employee to serve as the Designated Federal Officer (DFO) to attend each Board 

meeting and ensure that all procedures are within applicable statutory, regulatory, and HHS 

General Administration Manual directives. The DFO will approve and prepare all meeting 

agendas, call all of the Board and subcommittee meetings, adjourn any meeting when the DFO 

determines adjournment to be in the public interest, and chair meetings when directed to do so by 

the agency head. The DFO shall be present at all meetings of the full Board and subcommittees. 

In the event that the DFO cannot fulfill the assigned duties of the Board, one or more full-time or 

permanent part-time employees will be assigned as DFO and carry out these duties on a 

temporary basis. 

Estimated Number and Frequency of Meetings. 

Meetings shall be held approximately six times per year at the call of the National Institute for 

Occupational Safety and Health, CDC, based on agency needs at the call of the DFO, in 

consultation with the Chair. 

Meetings shall be open to the public except as determined otherwise by the Secretary, HHS, or 

other official to whom the authority has been delegated, in accordance with the Government in 

the Sunshine Act (5 U.S.C. §552b(c)) and Section l0(d) of the Federal Advisory Committee Act. 

Notice of all meetings shall be given to the public. 

Duration. 

Continuing. 

Termination Date. 

Unless extended by the President, the Board will terminate on September 30, 2023. 

Membership and Designation. 

The Board shall consist of not more than 20 members to be appointed by the President. As 

required by 42 U.S.C. §7384o(a)(2), the President shall make appointments to the Board in 

consultation with organizations with expertise on worker health issues in order to ensure that the 

membership of the Board reflects a balance of scientific, medical, and worker perspectives. As 

required by 42 U.S.C. §7384o(a)(3), the President shall designate a Chair for the Board from 

among its members. The authorizing statutory provision under 42 U.S.C. §7384o and Section 4 

of Executive Order 13179 do not include a limit for terms of appointment for Board members. 

Board members shall be deemed Special Government Employees. 
 

 

 

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Subcommittees. 

Subcommittees composed of members and non-members of the parent committee may be 

established with the approval of the Secretary, HHS or his/her designee. The subcommittees 

must report back to the parent committee and do not provide advice or work products directly to 

the agency. The Department Committee Management Officer will be notified upon 

establishment of each subcommittee and will be provided information on its name, membership, 

function, and estimated frequency of meetings. 

Recordkeeping. 

The records of the Board, established subcommittees, or other subgroups of the Board, shall be 

managed in accordance with General Records Schedule 6.2, Federal Advisory Committee 

Records, or other approved agency records disposition schedule. These records shall be 

available for public inspection and copying, subject to the Freedom of Information Act, 5 U.S.C. 

§552.

Filing Date. 

March 22, 2022 

APPROVED: 

March 21, 2022

Date 

_______ ___________ 

 Xavier Becerra

 Secretary 

[Signature on File]