THE SECRETARY Of HEALTH AND HUMAN SERVICES 

' WASHINGTON, D.C. 20201 

DEC - 8 2005 

The Honorable J. Dennis Hastert 

Speaker of the I-louse of Representatives 

Washington. D.C. 20515 

Dear Mr. Speaker; 

Pursuant to the EnergyEmployees Occupational Illness Compensation Program Act of 

2000 (EEOICPA) and 42 C.F.R. Pt. 83, a petition was filed to add a class ofcertain workers of 

the National Bureau of Standards (NBS). an atomic weapons employer (A WE), lo the Special 

Exposure Cohort (SEC), the designation applied to certain classes ofemployees who worked in 

United States nuclear .weapons production facilities.of the Department ofEnergy (DOE) or in A WEs. 

On Novemher.30, 2005, DOE.published a Federal Register Notice, Energy Employees 

Occupational Illness Compensation Program Act o/2000; Revision to Lisi ofCovered Facilities, 

(70 Fed. Reg. 71,815), tl1a1.delisted NBS as.an A WE facility. The Secretary of Energy is granted 

authority to designate the covered facilities ofEEOICPA under Executive Order 13179 (65 Fed. Reg. 

77.487, Dec. 11, 2000), pursuant to the requirements listed in 42 U.S.C. § 73841(4). Based on the 

DOE determination that NBS is not a covered facility under EEOICPA, the statute mandates that the 

employees at the NBS facility.do-not meet the requirements for addition to the SEC as required by 42 

u.s.c. § 7384q. 

The criteria upon which this determination is based are provided in the enclosed report. 

Please contact me if you have any further questions regarding this maner. 

·Sincerely, 

[Signature on File]

Enclosure 
HHS Determination Concerning a Petition to Add Members to the 


Special Exposure Cohort 


under the 


Energy Employees Occupational Illness Compensation Program Act 


Detennination Concerning a Petition for Employees from 


National Bureau ofStandards 


Van Ness Street 


Washington, DC 


HHS Special Exposure Cohort Detcrminalion: 

National Bureau ofStandards 
I. Detennination 

L Michael 0. Leavitt, the Secretary of Health and Human ~ervices ("the Secretary"). 

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

meet the statutory criteria for addition to the Special Exposure Cohort (SEC). as 

required under the Energy Employees Occupational Illness Compensation Program 

Act of 2000 ('"EEOICPA"), 42 U.S.C. § 7384q. 

Date: 

DEC - 8 2005 [Signature on File]

Michael 0. Leavitt 

II. Employee Class Definition 

Physicists who worked in Building #2 at the National Bureau of Standards (NBS), 

Van Ness Street, Washington, DC,.lrom 1943 through 1952 

III. Decision Criteria and.Recommendations 

Under 42 U.S.C. § 73841(14), a member ofthe Special Exposure Cohort is a 

'·Department of Energy employee, Department of Energy contractor employee. or 

atomic weapons employee" who meet certain 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 Department of Energy (DOE) published a Federal 

Register Notice, Energy Employees Occupational Illness Compensation Program Act 

of2000; Revision to List of Covered Facilities, 70 Fed. Reg. 71,815 (Nov. 30. 2005) 

that de-listed NBS as an A WE facility. The Secretary ofEnergy is granted authority 

to designate the covered facilities ofEEOICPA underE.0. 13179, 65 Fed. Reg. 

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

Based on the DOE determination that NBS 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 determination is made notwithstanding the recommendation of the Advisory 

Board on Radiation Worker Health ("the Board") to add certain employees ofNBS to 

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

NBS as an AWE. 

HHS Special Exposure Cohort Determination: 

National Bureau ofStandards 
IV. Effect ofthe 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 ofEEOICPA 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 lO 42 C.F.R. § 83.16(b). 

V. Administrative Review of Determination 

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

within HHS, pursuant to 42 C.F.R. § 83. I6(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 Detennination: 

National Bureau ofStandards 
THE SECRETARY OF HEALTH ANO HUMAN SERVICES 

WASHINGTON, D.C. 20201 

DEC - B 2005 

The Honorable Richard Cheney 

President of the Senate 

Washington, D.C. 20510 

Dear Mr. President: 

Pursuant to the Energy Employees Occupational Illness Compensation Program Act of 

2000 (EEOICPA) and 42 C.F.R. Pt. 83, a petition was filed to add a class of certain workers of 

the National Bureau of Standards (NBS), as an atomic weapons employer (AWE). to the Special 

Exposure Cohort (SEC), the designation applied to certain classes of employees who worked in 

United States nuclear. weapons .production facilities ofthe Dep.artment of Energy (DOE) or in AWEs. 

On November 30, 2005, DOE published a Federal Register Notice, Energy Employees 

Occupational ll/ness Compensation Program Act o/2000; Revision to List ofCovered Facilities, 

(70 Fed. Reg. 71 .815). that.dclisted NBS as an AWE facility. The Secretary of Energy is granted 

authority to designate the covered facilities ofEEOICPA under Executive Order 13179 (65 Fed. Reg. 

77,487. Dec. 11, 2000), pursuant to the requirements listed in 42 U.S.C. § 73841(4). Based on the 

DOE determination that NBS is not a covered facility under EEOICPA, the statute mandates that the 

employees at the NBS.facility.dn.not.meel the requirements for addition.to the SEC as required by 42 

u.s.c. § 7384q. 

The criteria upon which this determination is based are provided in the enclosed report. 

Please contact me if you have any-furlher ques1ions regarding this matter .. 

[Signature on file]

Enclosure 
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