I 
113TH CONGRESS 
1ST SESSION H. R. 2905 
To amend the Energy Employees Occupational Illness Compensation Program 
Act of 2000 to strengthen the quality control measures in place for 
part B lung disease claims and to establish the Advisory Board on 
Toxic Substances and Worker Health for the contractor employee com-
pensation program under subtitle E of such Act. 
IN THE HOUSE OF REPRESENTATIVES 
AUGUST 1, 2013 
Mr. WHITFIELD (for himself, Mr. POLIS, Mr. PERLMUTTER, Mr. BEN RAY 
LUJA´N of New Mexico, Ms. DEGETTE, Mr. LOEBSACK, Ms. KAPTUR, Ms. 
BROWNLEY of California, Mr. YOUNG of Florida, Mr. PIERLUISI, and Mr. 
HONDA) introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committee on Education 
and the Workforce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 to strengthen the quality 
control measures in place for part B lung disease claims 
and to establish the Advisory Board on Toxic Substances 
and Worker Health for the contractor employee com-
pensation program under subtitle E of such Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Workers 
Health Advisory Board Act’’. 
SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON 
TOXIC SUBSTANCES AND WORKER HEALTH. 
(a) ADVISORY BOARD ON TOXIC SUBSTANCES AND 
WORKER HEALTH.—Subtitle B of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 
(42 U.S.C. 7384l et seq.) is amended by adding at the 
end the following: 
‘‘SEC. 3632. ADVISORY BOARD ON TOXIC SUBSTANCES AND 
WORKER HEALTH. 
‘‘(a) ESTABLISHMENT.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the date of the enactment of this section, the 
President shall establish and appoint an Advisory 
Board on Toxic Substances and Worker Health (re-
ferred to in this section as the ‘Board’). 
‘‘(2) CONSULTATION ON APPOINTMENTS.—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 proper balance 
of perspectives from the scientific, medical, legal, 
worker, worker families, and worker advocate com-
munities. 
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‘‘(3) CHAIRPERSON.—The President shall des-
ignate a Chair of the Board from among its mem-
bers. 
‘‘(b) DUTIES.—The Board shall— 
‘‘(1) advise the President concerning the review 
and approval of the Department of Labor site expo-
sure matrix; 
‘‘(2) conduct periodic peer reviews of, and ap-
prove, medical guidance for part E claims examiners 
with respect to the weighing of a claimant’s medical 
evidence; 
‘‘(3) obtain periodic expert review of evidentiary 
requirements for part B claims related to lung dis-
ease regardless of approval; 
‘‘(4) provide oversight over industrial hygien-
ists, Department of Labor staff physicians, and De-
partment of Labor’s consulting physicians and their 
reports to ensure quality, objectivity, and consist-
ency; and 
‘‘(5) coordinate exchanges of data and findings 
with the Advisory Board on Radiation and Worker 
Health to the extent necessary (under section 3624). 
‘‘(c) STAFF AND POWERS.— 
‘‘(1) IN
GENERAL.—The President shall ap-
point a staff to facilitate the work of the Board. The 
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staff of the Board shall be headed by a Director who 
shall be appointed under subchapter VIII of chapter 
33 of title 5, United States Code. 
‘‘(2) 
FEDERAL
AGENCY
PERSONNEL.—The 
President may authorize the detail of employees of 
Federal agencies to the Board as necessary to enable 
the Board to carry out its duties under this section. 
The detail of such personnel may be on a non-reim-
bursable basis. 
‘‘(3) POWERS.—The Board shall have same 
powers that the Advisory Board has under section 
3624. 
‘‘(4) CONTRACTORS.—The Secretary shall em-
ploy outside contractors and specialists selected by 
the Board to support the work of the Board. 
‘‘(d) EXPENSES.—Members of the Board, other than 
full-time employees of the United States, while attending 
meetings of the Board or while otherwise serving at the 
request of the President, and while serving away from 
their homes or regular place of business, shall be allowed 
travel and meal expenses, including per diem in lieu of 
subsistence (as authorized by section 5703 of title 5, 
United States Code) for individuals in the Federal Govern-
ment serving without pay. 
‘‘(e) SECURITY CLEARANCES.— 
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tractors of the Board, access to any information that the 
Board considers relevant to carry out its responsibilities 
under this section, including information such as re-
stricted data (as defined in section 11(y) of the Atomic 
Energy Act of 1954 (42 U.S.C. 2014(y))) and information 
covered by the Privacy Act.’’. 
(b) DEPARTMENT OF LABOR RESPONSE TO THE OF-
FICE OF THE OMBUDSMAN ANNUAL REPORT.—Section 
3686 of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 (42 U.S.C. 7385s–15) is 
amended— 
(1) in subsection (e)(1), by striking ‘‘February 
15’’ and inserting ‘‘July 30’’; and 
(2) by striking subsection (h) and inserting the 
following: 
‘‘(h) RESPONSE TO REPORT.—Not later than 180 
days after the publication of the annual report under sub-
section (e), the Department of Labor shall submit an an-
swer in writing on whether the Department agrees or dis-
agrees with the specific issues raised by the Ombudsman, 
if the Department agrees, on the actions to be taken to 
correct the problems identified by the Ombudsman, and 
if the Department does not agree, on the reasons there-
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fore. The Department of Labor shall post such answer on 
the public Internet website of the Department.’’. 
Æ 
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