HHS Determination Concerning a Petition to Add Members to the 


Special Exposure Cohort 


under the 


Energy Employees Occupational lllness Compensation Program Act 


Determination Concerning a Petition for Employees from 


National Bureau of Standards 


Van Ness Street 


Washington, DC 


HHS Special Exposure Cohan Determination: 

Na1ional Bureau ofS1u11dards 
l. Determination 

I. Michael 0. Leavitt, the Secretary of Health and Human Services ( ..the Secretary"), 

have determined that the class of employees defined in Section II of this repon do not 

meet the statutory criteria for addition to the Special Exposure Cohen (SEC), as 

required under the Energy Employees Occupational lllness Compensation Program 

Act of2000 ("'EEOICPA"), 42 U.S.C. § 7384q. 

Date: 

DEC - 8 2005 [Signature on File]

Michael 0. LeaviH 

II. Employee Class Definition 

Physicists who worked· in Building #2 at the National Bureau ofS1andards (NBS), 

Van Ness Street. Washington, DC, from 1943 through J 952 

Ill. Decision Criteria and Recommendations 

Under 42 U.S.C. § 7384/( I 4). a member of the Special Exposure Cohon is a 

--oepanmem of Energy employee. Depanment of Energy contractor employee, or 

atomic weapons employee" who meet cenain specified requirements. The statute 

defines "atomic weapons employer" (AWE) as any entity other than the United States 

that: processed or produced, for use by.the United States, material that emitted 

radiation and was used in the production of an atomic weapon, excluding uranium 

mining and milling; and is designated by the Secretary of Energy as an atomic 

weapons employer for purposes of the compensation program. 

On November 30. 2005, the Depanment of Energy (DOE) published a Federal 

Regisrer Notice, Energy Employees Occupational Illness Compensation Program Act 

of2000; Revision to List of Covered Facilities, 70 Fed. Reg. 71.815 (Nov. 30, 2005) 

1ha1de-listed1\1J3S-as-an A WE facili1y. The Secretary ofEnergy is granied authority 

to designate the covered facilities of EEOJCPA under E.O. 13179, 65 Fed. Reg. 

77487 (Dec. 11. 2000), pursuant 10 the requirements listed in 42 U.S.C. § 7384/(4). 

Based on the DOE determination that 1'1BS is not a covered facility under EEOICPA, 

the statute mandates that the employees at the NBS facility do not meet the statutory 

requirements for addition to the SEC as required by 42 U.S.C. § 7384q. 

This detennination is made notwithstanding the recommendation of the Advisory 

Board on Radiation Worker Health ("'the Board") 10 add certain employees of NBS to 

the SEC, a decision made at the October 2005 Board meeting, prior to the deli sting of 

NBS as an A WE. 

HHS Special Exposure Cohen De1ermina1ion: 

National Bureau of Standards 
IV. Effect of the Determination 

Pursuant to the determination by the Secretary of Energy under E.0. 13179 to de-list 

NBS as an A WE, the employees who worked solely at NBS do not meet the statutory 

requirements for covered employees ofEEOlCPA and thus do not meet the statutory 

requirements for the SEC as required by 42 U.S.C. § 7384q. 

The determination provided in this report may be subject to an administrative review 

within HHS, pursuant to 42 C.F.R. § 83.16(b). 

V. Administrative Review ofDetermination 

The determination provided in this report may be subject to an administrative review 

within HHS, pursuant to 42 C.F.R. § 83.l6(b). On the basis of such a review, if the 

Secretary decides to designate the class of employees covered by this determination, 

in part or whole, as an addition to the SEC, the Secretary would transmit a new report 

to Congress providing the designation and the criterion and findings on which the 

decision was based. 

HHS Special Exposure Cohort De<ermination: 

National Bureau of Standards