I 
110TH CONGRESS 
1ST SESSION 
H. R. 268 
To amend the Energy Employees Occupational Illness Compensation Program 
Act of 2000 to clarify the roles and responsibilities of the agencies 
and actors responsible for the administration of such compensation pro-
gram, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 5, 2007 
Ms. JACKSON-LEE of Texas introduced the following bill; which was referred 
to the Committee on the Judiciary, and in addition to the Committee on 
Education and Labor, 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 clarify the roles and 
responsibilities of the agencies and actors responsible 
for the administration of such compensation program, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; REFERENCES; EFFECTIVE DATE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Energy Employees Occupational Illness Compensation 
Program Improvement Act of 2007’’. 
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(b) REFERENCES.—Except as otherwise expressly 
provided, whenever in this Act an amendment or repeal 
is expressed in terms of an amendment to, or repeal of, 
a section or other provision, the reference shall be consid-
ered to be made to a section or other provision of the En-
ergy Employees Occupational Illness Compensation Pro-
gram Act of 2000 (42 U.S.C. 7384 et seq.). 
(c) EFFECTIVE DATE.—Except as otherwise ex-
pressly provided, this Act and the amendments made by 
this Act shall take effect 30 days after the date of the 
enactment of this Act. 
SEC. 2. FINDINGS. 
The Congress finds as follows: 
(1) The Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 
7384 et seq.) (referred to in this Act as the 
‘‘EEOICPA’’) was intended to— 
(A) ensure the payment of ‘‘timely, uni-
form, adequate compensation’’ to covered em-
ployees (and, where applicable, survivors of 
such employees) for occupational illnesses in-
curred by such employees in the performance of 
duty for the Department of Energy and certain 
of its contractors, subcontractors, and vendors; 
and 
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(B) provide parity for uranium miners 
under the Radiation Exposure Compensation 
Act (42 U.S.C. 2210 note). 
(2) Four Federal agencies (the Departments of 
Labor, Health and Human Services, Energy, and 
Justice), are assigned responsibilities under the 
EEOICPA pursuant to Executive Order 13179, 
‘‘Providing Compensation to America’s Nuclear 
Weapons Workers’’ (December 7, 2000; 65 Fed. 
Reg. 77487). 
(3) The Department of Labor began accepting 
claims under Subtitle B of the EEOICPA on July 
31, 2001. 
(4) The Department of Health and Human 
Services (HHS), through the National Institute for 
Occupational Safety and Health (NIOSH), performs 
radiation dose reconstruction for cancer claims 
under the EEOICPA. 
(5) Atomic workers served the Nation and im-
proved national defense by building and testing nu-
clear weapons, while putting their health in jeopardy 
from exposure to radiation, beryllium, and other 
toxic substances. Claims for radiation-related can-
cers depend on credible and complete radiation 
records. Because the radiation exposure of some 
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workers was unmonitored, and in certain cir-
cumstances it is not feasible to estimate radiation 
dose with sufficient accuracy, Congress provided 
that workers may petition to be members of the Spe-
cial Exposure Cohort (SEC). Members of the SEC 
receive an automatic presumption that their cancer 
is the result of occupational exposure to ionizing ra-
diation. Twenty-two cancers are covered under this 
presumption. Under subtitle B of the EEOICPA, 
covered claimants receive a $150,000 lump sum ben-
efit plus prospective medical costs. 
(6) Executive Order 13179 directs the Sec-
retary of Health and Human Services to promulgate 
regulations for establishing membership in the Spe-
cial Exposure Cohort, and to consider and issue de-
terminations on petitions by classes of employees re-
questing recognition as members of the SEC. 
(7) As prescribed by the EEOICPA, the Sec-
retary of Health and Human Services may, subject 
to a recommendation by the Advisory Board on Ra-
diation and Worker Health (referred to in this sec-
tion as the ‘‘Advisory Board’’), designate additional 
classes of workers as members of the Special Expo-
sure Cohort without further legislative action, if— 
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(A) it is not feasible to estimate with suffi-
cient accuracy the radiation dose that members 
of the class received; and 
(B) there is a reasonable likelihood that 
such radiation dose may have endangered the 
health of the members of the class. 
(8) There is a four-step administrative review 
process for evaluating SEC Petitions. The process is 
as follows: 
(A) STEP
ONE.—The National Institute 
for Occupational Safety and Health receives an 
SEC petition and determines whether the peti-
tion meets the regulatory requirements for the 
petition to be evaluated, and then evaluates 
each qualified petition to determine whether it 
is feasible given the available radiation moni-
toring data to estimate radiation dose with suf-
ficient accuracy. Following such evaluation, the 
National Institute for Occupational Safety and 
Health issues a written recommendation to the 
petitioners and the Advisory Board. 
(B) STEP TWO.—The Advisory Board con-
ducts an independent review of the evaluation 
by and recommendation from the National In-
stitute for Occupational Safety and Health, and 
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makes a recommendation to the Secretary of 
Health and Human Services regarding the peti-
tion. Subject to Advisory Board direction, a 
technical support contractor may be used to as-
sess technical issues related to the petition, 
evaluation report, or recommendation. 
(C) STEP THREE.—Not later than 30 days 
after receipt of the Advisory Board’s rec-
ommendation, the Secretary of Health and 
Human Services issues a final agency decision 
to grant or deny the petition, and transmits 
such decision to Congress. 
(D) STEP FOUR.—Congress has 30 days to 
review the Secretary’s decision. If Congress 
does not legislatively reverse the Secretary’s de-
cision within 30 days, it will go into effect as 
ordered by the Secretary. 
(9) In late 2005, the Office of Management and 
Budget issued a Passback communication to the De-
partment of Labor that contained the following 
statement: 
‘‘ENERGY
EMPLOYEES
OCCUPATIONAL
ILLNESS 
COMPENSATION PROGRAM ACT (EEOICPA) PART B.— 
ESA (Department of Labor’s Employment Standard’s Ad-
ministration) is to be commended for identifying the po-
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tential for a large expansion of EEOICPA Part B benefits 
through the designation of Special Exposure Cohorts 
(SEC). The Administration will convene a White House- 
led interagency work group including HHS and Energy 
to develop options for administrative procedures to contain 
growth in the cost of benefits provided by the program. 
Discussions are not limited to, but will involve, the fol-
lowing five options. 
‘‘1. Require Administration clearance of SEC 
determination[s]; 
‘‘2. Address any imbalance in membership of 
President’s Advisory Board on Radiation and Work-
er Health; 
‘‘3. Require an expedited review by outside ex-
perts of SEC recommendations by NIOSH; 
‘‘4. Require NIOSH to apply ‘conflict of inter-
est’ rules and constraints to the Advisory Board’s 
contractor; and 
‘‘5. Require that NIOSH demonstrate that its 
site profiles and other dose reconstruction guidance 
are balance[d].’’. 
(10) Congress finds that the policies outlined in 
the Office of Management and Budget Passback 
statement referred to in paragraph (9), if imple-
mented, will contravene Congressional intent and 
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weaken statutory checks and balances designed to 
ensure scientifically credible and fair decisions re-
garding SEC designations. ‘‘Administration clear-
ance’’ could result in the substitution of budget logic 
for scientific findings; addressing any ‘‘imbalance in 
the Advisory Board’’ could result in an Advisory 
Board tilted against SEC designations; imposing 
‘‘constraints’’ could allow agency officials to inter-
fere with the independence of the audit contractor 
supporting the Advisory Board; and ‘‘expedited re-
views by outside experts’’ could lead to costly, time 
consuming, and extralegal reviews of Advisory Board 
recommendations. 
(11) There is no evidence that unwarranted 
Special Exposure Cohort petitions have been grant-
ed, or that any actions have been taken that would 
otherwise justify any of the five options outlined in 
the Office of Management and Budget Passback 
statement referred to in paragraph (9). 
(12) Two Advisory Board members were re-
moved by the President in 2006 without apparent 
cause, and currently the Advisory Board composition 
is not balanced, as required by EEOICPA and the 
Federal Advisory Committee Act. 
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(13) The amendments made by this Act to the 
Energy Employees Occupational Illness Compensa-
tion Program Act of 2000 ensure that classes of em-
ployees who apply for membership in the Special Ex-
posure Cohort by reason of illnesses arising out of 
exposure to radiation while performing work in sup-
port of the Nation’s nuclear weapons programs re-
ceive a fair determination of their claims. 
SEC. 3. COMPENSATION PROGRAM AND COMPENSATION 
FUND. 
Section 3612(e) (42 U.S.C. 7384e(e)) is amended— 
(1) in the heading of the subsection, by striking 
‘‘NOT PAID FROM COMPENSATION FUND’’; 
(2) by striking ‘‘No costs incurred’’ and insert-
ing ‘‘(1) IN GENERAL—No costs incurred’’; and 
(3) by adding at the end the following: 
‘‘(2) ADMINISTRATIVE
COSTS
AND
ANNUAL 
BUDGET REQUIREMENTS OF AGENCIES.— 
‘‘(A) DEPARTMENT OF LABOR.— 
‘‘(i) The Secretary of the Department 
of Labor shall include as part of the an-
nual budget request for the Department 
any administrative costs necessary to carry 
out its responsibilities under this Act. Ap-
propriations shall be allocated in appro-
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priations acts directly to the Department 
of Labor to carry out its responsibilities 
under this Act. 
‘‘(ii) To ensure the timely transfer of 
records and information needed by the De-
partment of Labor and the Department of 
Health and Human Services for claims ad-
judication, the Secretary of the Depart-
ment of Labor may transfer funds to the 
Department of Energy, if appropriations 
made available to the Department of En-
ergy under other appropriation Acts are in-
sufficient for the Department of Energy to 
carry out its responsibilities under this 
Act. 
‘‘(B) NATIONAL INSTITUTE FOR OCCUPA-
TIONAL SAFETY AND HEALTH.—The Secretary 
of Health and Human Services shall include as 
part of the annual budget request for the Na-
tional Institute for Occupational Safety and 
Health any administrative costs necessary for 
the National Institute for Occupational Safety 
and Health to carry out its responsibilities 
under this Act.Appropriations shall be allocated 
in appropriations acts directly to the Depart-
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ment of Health and Human Services to carry 
out its responsibilities under this Act. 
‘‘(C) ADVISORY BOARD ON RADIATION AND 
WORKER HEALTH.— 
‘‘(i) The Secretary of the Department 
of Health and Human Services shall in-
clude as part of the annual budget request 
for the Department any administrative 
costs and any staff and contract support 
costs necessary for the Advisory Board on 
Radiation and Worker Health (in this sec-
tion referred to as the ‘Advisory Board’) to 
carry out its responsibilities under this 
Act. Appropriations shall be allocated in 
appropriations Acts directly to the Depart-
ment of Health and Human Services for 
the Advisory Board to carry out its respon-
sibilities under this Act. Appropriations 
Acts shall also designate a line item for the 
Advisory Board, separate from the budget 
for the Department of Health and Human 
Services, for the activities of the Advisory 
Board related to the compensation pro-
gram under this Act. 
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‘‘(ii) An annual budget request for the 
Advisory Board shall be prepared by the 
Advisory Board, in consultation with the 
Designated 
Federal 
official 
appointed 
under section 3624(c)(1)(B), and sub-
mitted to the Secretary of the Department 
of Health and Human Services on a sched-
ule to be established by the Secretary. If 
the amount requested by the Advisory 
Board is modified by the Secretary, the 
amount requested by the Advisory Board 
and any modifications shall be identified 
and explained in the budget request.’’. 
SEC. 4. SUBCONTRACTORS OF ATOMIC WEAPONS EMPLOY-
ERS. 
Section 3621(3)(A) (42 U.S.C. 7384l(3)(A)) is 
amended by inserting ‘‘, or a subcontractor of an atomic 
weapons employer,’’ after ‘‘an atomic weapons employer’’. 
SEC. 5. EXPANSION OF LIST OF BERYLLIUM VENDORS. 
Section 3622 (42 U.S.C. 7384m) is amended— 
(1) by striking ‘‘Not later than December 31, 
2002, the President may, in consultation with the 
Secretary of Energy,’’ and inserting ‘‘The Secretary 
of Energy shall, on or before December 31, 2007, 
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and annually thereafter until December 31, 2011,’’; 
and 
(2) by striking ‘‘the President finds’’ and in-
serting ‘‘the Secretary of Energy finds’’. 
SEC. 6. ALLOCATION OF RESPONSIBILITIES FOR PROGRAM 
ADMINISTRATION. 
(a) DEFINITION.—Paragraph (14) of section 3621 
(42 U.S.C. 7384l) is amended by striking ‘‘the President’’ 
each place it appears in subparagraph (C) and inserting 
‘‘the Secretary of Health and Human Services’’. 
(b) EXPOSURE IN THE PERFORMANCE OF DUTY.— 
Section 3623 (42 U.S.C. 7384n) is amended— 
(1) in subsection (c)— 
(A) in paragraph (1), by striking ‘‘the 
President’’ and inserting ‘‘the Secretary of 
Health and Human Services’’; 
(B) in paragraph (2), by striking ‘‘The 
President’’ and inserting ‘‘The Secretary of 
Health and Human Services’’; and 
(C) in paragraph (3)(C), by striking ‘‘past 
health-related activities (such as smoking),’’; 
and 
(2) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘The 
President shall’’ through ‘‘President may des-
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ignate,’’ and inserting ‘‘The Secretary of 
Health and Human Services shall’’; and 
(B) in paragraph (2), by striking ‘‘the 
President’’ and inserting ‘‘the Secretary of 
Health and Human Services’’. 
SEC. 7. ADVISORY BOARD ON RADIATION AND WORKER 
HEALTH. 
Section 3624 (42 U.S.C. 7384o) is amended— 
(1) by amending subsection (a) to read as fol-
lows: 
‘‘(a) MEMBERSHIP.— 
‘‘(1) Not later than 90 days after the date of 
the enactment of the Energy Employees Occupa-
tional Illness Compensation Program Improvement 
Act of 2007, the members of the Advisory Board on 
Radiation and Worker Health (referred to in this 
section as the ‘Board’), as of the day before the date 
of enactment of such Act, shall be removed from 
their positions on the Board, and new members of 
the Board shall be appointed in accordance with 
paragraph (2). Any individual who is a member of 
the Board on the day before the date of enactment 
of such Act, and who is removed in accordance with 
this paragraph, may be reappointed to the Board in 
accordance with paragraph (2). 
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‘‘(2) The Board shall be made up of 12 mem-
bers, and the members shall be appointed as follows: 
‘‘(A) Three members shall be appointed by 
the Speaker of the House of Representatives. 
‘‘(B) Three members shall be appointed by 
the President of the Senate. 
‘‘(C) Three members shall be appointed by 
the minority leader of the House of Representa-
tives. 
‘‘(D) Three members shall be appointed by 
the minority leader of the Senate. 
‘‘(3) The three members appointed by each ap-
pointing authority described in paragraph (2) shall 
include one representative of the scientific commu-
nity, one worker representative, and one representa-
tive of the medical community. 
‘‘(4) For each appointment to the Board, the 
appropriate appointing authority shall— 
‘‘(A) comply with all legal requirements re-
lated to Special Government Employees and the 
appointment of such employees, as determined 
by the Secretary of Health and Human Serv-
ices; 
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‘‘(B) consult with organizations with ex-
pertise on worker health issues about such ap-
pointment; and 
‘‘(C) ensure that such appointment con-
tributes to a balance of viewpoints and perspec-
tives held by members of the Board. 
‘‘(5) The term of office of each member of the 
Board shall be three years. No member shall serve 
more than two terms. A vacancy on the Board shall 
be filled in the manner in which the original appoint-
ment was made. Upon expiration of a term, a mem-
ber of the Board shall continue to serve until the 
successor to such member has been appointed. The 
appointment of the replacement member shall be 
made not later than 60 days after the date on which 
the vacancy occurs. The Secretary of Health and 
Human Services shall— 
‘‘(A) prepare a schedule for vacancies and 
appointments, and make such schedule available 
to the public in paper and electronic forms; 
‘‘(B) identify the appropriate appointing 
authority listed in paragraph (2) who is respon-
sible for appointing a member for each vacancy; 
‘‘(C) not later than 90 days before the end 
of a term of any member of the Board, provide 
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each appointing authority responsible for ap-
pointing a replacement member for a vacancy 
with— 
‘‘(i) the number of vacancies and ex-
pected vacancies, based on member res-
ignations and the scheduled expiration of 
member terms; and 
‘‘(ii) the representative category (sci-
entific, worker, or medical representative) 
of each member whose position on the 
Board has been, or is scheduled to be, va-
cated. 
‘‘(6) A chair for the Board shall be selected 
from among its members by an annual vote of the 
members who are on the Board as of January 1 of 
each year. 
‘‘(7) The Secretary of Health and Human Serv-
ices may recommend to the appropriate Congres-
sional appointing authority described in paragraph 
(2) that a member of the Board be removed as the 
result of neglect of duty, malfeasance in office, a vio-
lation of the conditions of the waivers provided 
under section 208 of title 18, United States Code, 
or a violation of the laws, regulations, policies, or 
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procedures related to the activities carried out under 
this Act.’’; 
(2) in subsection (b), by striking ‘‘the Presi-
dent’’ each place it appears and inserting ‘‘the Sec-
retary of Health and Human Services’’; 
(3) in subsection (c)— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1)(A) The Secretary of Health and Human 
Services shall provide administrative support to the 
Board, and shall assign staff, as necessary, to facili-
tate the work of the Board. The Board shall have 
the authority to select contractors and consultants, 
issue task orders, and make budget requests 
(through the Secretary of Health and Human Serv-
ices) for the annual budget of the Board and its 
staff. 
‘‘(B) The Director of the National Institute for 
Occupational Safety and Health shall appoint a Des-
ignated Federal official and an Executive Secretary 
for the Board. The Designated Federal official and 
the Executive Secretary shall be independent of the 
Federal officials responsible for managing and im-
plementing radiation dose reconstruction activities 
and Special Exposure Cohort evaluations under this 
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Act. The Designated Federal official shall have the 
same authorities and responsibilities as the des-
ignated officer or employee of the Federal Govern-
ment described in section 10 of the Federal Advisory 
Committee Act (5 U.S.C. App.).’’; and 
(B) in paragraph (2), by striking ‘‘The 
President’’ inserting ‘‘The Secretary of Health 
and Human Services’’; 
(4) in subsection (d), by striking ‘‘the Presi-
dent’’ and inserting ‘‘the Secretary of Health and 
Human Services’’; and 
(5) by adding at the end the following new sub-
sections: 
‘‘(g) LEGAL COUNSEL.—The Board may secure the 
services of independent legal counsel, in addition to or in 
lieu of any legal counsel provided to the Board by the Gen-
eral Counsel of the Department of Health and Human 
Services. 
‘‘(h) APPLICABILITY OF THE FEDERAL ADVISORY 
COMMITTEE ACT.—Unless otherwise provided in this Act, 
the Board shall operate under the provisions of the Fed-
eral Advisory Committee Act (5 U.S.C. App.), and mem-
bers of the Board shall be compensated at a daily rate 
of pay for level IV of the Executive Schedule under section 
5315 of title 5, United States Code.’’. 
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SEC. 8. SPECIAL EXPOSURE COHORT. 
Section 3626 (42 U.S.C. 7384q) is amended— 
(1) by striking ‘‘the President’’ each place it 
appears and inserting ‘‘the Secretary of Health and 
Human Services’’; 
(2) by striking ‘‘The President’’ each place it 
appears and inserting ‘‘The Secretary of Health and 
Human Services’’; 
(3) in subsection (a)(1) by inserting ‘‘any atom-
ic weapons employer facility, or any combination of 
such facilities,’’ after ‘‘any Department of Energy 
facility’’; 
(4) in subsection (a)(2), by adding at the end 
the following sentence: ‘‘An executive branch agency 
may submit a review of a petition described in para-
graph (3), or comments or recommendations relating 
to such a petition, to the Advisory Board on Radi-
ation and Worker Health, and such Advisory Board 
may consider any such review, comments, or rec-
ommendations in determining its advice under para-
graph (1), as such Advisory Board considers appro-
priate.’’; 
(5) in subsection (b)(1), by inserting ‘‘, based 
exclusively on information relating to the facility or 
facilities which are the subject of a petition de-
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scribed in paragraph (a)(3),’’ after ‘‘it is not fea-
sible’’; 
(6) in subsection (c)(1), by adding at the end 
the following sentence: ‘‘The Advisory Board on Ra-
diation and Worker Health shall transmit to the 
Secretary of the Department of Health and Human 
Services, not later than 21 days after the date on 
which such Advisory Board votes on a recommenda-
tion to the Secretary relating to the petition of the 
class of employees being considered for designation 
as a member of the Special Exposure Cohort, the 
formal recommendation of such Advisory Board, and 
the complete administrative record, relating to such 
petition.’’; 
(7) in subsection (c)(2)(A) (as amended by 
paragraph (1) of this section)— 
(A) by striking ‘‘Upon receipt by’’ and in-
serting ‘‘(1) Upon receipt by’’; 
(B) by inserting ‘‘, based solely on the rec-
ommendation of such Advisory Board and the 
complete administrative record,’’ after ‘‘in 
which to determine’’; and 
(C) by adding at the end of subparagraph 
(A) the following sentences: ‘‘During such 30- 
day period the Secretary shall not consider any 
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review, comment, or recommendation relating to 
the petition by any other executive branch agen-
cy, unless such review, comment, or rec-
ommendation was submitted to the Advisory 
Board on Radiation and Worker Health in ac-
cordance with subsection (a)(2), and appears on 
the administrative record of such Advisory 
Board. The determination by the Secretary 
shall be the same as the recommendation by 
such Advisory Board, unless, not later than 30 
days after the determination, the Secretary 
issues a formal finding of facts responding to 
the rationale outlined by such Advisory Board, 
and using information supported by the admin-
istrative record.’’; 
(8) by redesignating subsection (d) as sub-
section (h); and 
(9) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) ENFORCEMENT OF DEADLINES.—If the Direc-
tor of the National Institute of Occupational Safety and 
Health fails to submit a recommendation after receipt of 
a petition to the Advisory Board on Radiation and Worker 
Health in accordance with subsection (c)(1) within the 
180-day period required by such subsection, the Director 
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of the National Institute of Occupational Safety and 
Health shall promptly notify the petitioner, such Advisory 
Board, the appropriate Congressional committees of juris-
diction, and the Congressional delegation of the State in 
which the facility that is the subject of the petition is lo-
cated of the delay. Such notification shall include— 
‘‘(1) an explanation for the delay; 
‘‘(2) the date on which the evaluation will be 
completed; 
‘‘(3) the reasons why a delay is necessary; and 
‘‘(4) any adverse consequences of the delay for 
the petitioner. 
‘‘(e) APPEALS.— 
‘‘(1) SEC APPEALS
BOARD
ESTABLISHED.— 
There is established, within the Department of 
Health and Human Services, a 3-member Special 
Exposure Cohort Appeals Board (referred to in this 
section as the ‘SEC Board’), to which a petitioner 
may appeal an adverse Special Exposure Cohort des-
ignation. The SEC Board shall be appointed by the 
Secretary of Health and Human Services, and shall 
hear appeals, schedule hearings, take evidence, and 
issue decisions affirming or reversing the adverse 
Special Exposure Cohort designations. 
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‘‘(2) PROCEDURES.—The SEC Board shall re-
view appeals de novo. Unless the petitioner waives 
the right to a formal adjudication and elects an in-
formal proceeding, appeals reviewed by the SEC 
Board shall be conducted on the record, in accord-
ance with the Administrative Procedures Act. Not 
later than 90 days after the date of enactment of 
the Energy Employees Occupational Illness Com-
pensation Program Improvement Act of 2007, the 
SEC Board shall issue Rules of Procedure for the 
appeals proceedings conducted by such SEC Board. 
Parties to any appeals proceeding under this sub-
section shall be limited to the Secretary of Health 
and Human Services and the petitioner. 
‘‘(3) DECISIONS.—Decisions by the SEC Board 
shall be final agency actions. In the event that the 
SEC Board renders a decision reversing the adverse 
designation of a petition by the Secretary of Health 
and Human Services, the petition shall be remanded 
to the Secretary to carry out the decision of the 
Board and it shall be the duty of the Secretary to 
review such decision and, within 30 days of receipt 
of the remand, to issue a new determination regard-
ing the Special Exposure Cohort designation of the 
petitioner upon the basis of the proceedings already 
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had and the record upon which said appeal was 
heard and determined. 
‘‘(4) WAIVER AND APPEAL OF SEC BOARD DECI-
SIONS.—A petitioner may waive the right to appeal 
to the SEC Board, and may seek judicial review of 
the Secretary’s decision under this paragraph. Deci-
sions by the Secretary of Health and Human Serv-
ices relating to a petition for designation as a mem-
ber of the Special Exposure Cohort may be appealed 
to the appropriate district court in the jurisdiction 
in which the facility that is the subject of the Special 
Exposure Cohort petition is located, or in the juris-
diction where the petitioner resides. 
‘‘(f) AVAILABILITY OF PETITIONER INFORMATION.— 
The Director of the National Institute of Occupational 
Safety and Health shall, upon request, make available to 
the general public the name and contact information of 
each petitioner under this section. 
‘‘(g) SPECIAL EXPOSURE COHORT PETITION ASSIST-
ANCE.— 
‘‘(1) IN GENERAL.—Not later than 120 days 
after the date of enactment of the Energy Employ-
ees Occupational Illness Compensation Program Im-
provement Act of 2007, the Director of the National 
Institute of Occupational Safety and Health shall 
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provide for independent technical assistance for peti-
tioners and prospective petitioners with respect to 
preparing and qualifying Special Exposure Cohort 
petitions, and reviewing Special Exposure Cohort 
evaluation reports. Technical assistance may be pro-
vided through a cooperative agreement or contract 
with a nonprofit organization or institution of higher 
education that has expertise in occupational safety 
and health, and that does not have a conflict of in-
terest, as defined in section 3634. 
‘‘(2) NOTICE.—The Director of the National 
Institute of Occupational Safety and Health shall 
notify petitioners and prospective petitioners for des-
ignation as members of the Special Exposure Cohort 
of the assistance available under this subsection. 
‘‘(3) FUNDING.—In any fiscal year, not more 
than $250,000 of the funds authorized and provided 
for the administration of this Act in such fiscal year 
shall be used to carry out this subsection.’’. 
SEC. 9. CONFLICTS OF INTEREST. 
Subtitle B (42 U.S.C. 3621 et seq.) is further amend-
ed by adding at the end of the subtitle the following new 
section: 
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‘‘SEC. 3634. PROHIBITION ON ENTITIES WITH CONFLICTS 
OF INTEREST. 
‘‘(a) CONFLICT
OF INTEREST POLICY.—The Sec-
retary of Health and Human Services shall prohibit an 
entity from participating in or performing any of the ac-
tivities described in subsection (b), if such entity— 
‘‘(1) has, or has had, a personal, organizational, 
or professional conflict of interest relating to any ac-
tivity carried out under this Act; or 
‘‘(2) has, or has had, previous employment or 
a personal or financial relationship that could bias 
the performance of activities under this Act. 
‘‘(b) PROHIBITED ACTIVITIES.—An entity described 
in paragraph (1) or (2) of subsection (a) shall not be em-
ployed by the National Institute for Occupational Safety 
and Health (or by its contractors or subcontractors of any 
tier)— 
‘‘(1) to perform the following program activi-
ties, if such entity performed work at or for a De-
partment of Energy or atomic weapons employer fa-
cility (or for a contractor or subcontractor per-
forming work at such facility)— 
‘‘(A) prepare, conduct, approve, revise, or 
internally peer review individual radiation dose 
estimates at a Department of Energy or atomic 
weapons employer facility; 
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‘‘(B) research, develop, prepare, author, 
lead a team preparing, serve as a site expert 
for, approve, revise, or internally peer review 
technical basis documents, technical information 
bulletins, site profiles, or other dose reconstruc-
tion guidance; and 
‘‘(C) research, evaluate, make a rec-
ommendation relating to, serve as a site expert 
for, assess, or review a Special Exposure Cohort 
petition, or a revision thereto; or 
‘‘(2) to perform any other activities the Sec-
retary of Health and Human Services determines 
are prohibited by reason of a conflict of interest de-
scribed in subsection (a)(1) or (2). 
‘‘(c) REPORT AND DISCLOSURE OF CONFLICT INFOR-
MATION.— 
‘‘(1) IN GENERAL.—Each contractor, subcon-
tractor, and consultant involved with radiation dose 
reconstruction, technical basis documents, technical 
information bulletins, site profiles, Special Exposure 
Cohort evaluations, epidemiologic research, or devel-
opment of dose reconstruction methods conducted 
under this Act shall report to the Director of the 
National Institute for Occupational Safety and 
Health the following: 
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‘‘(A) The name of the entity, and the em-
ployer of such entity at the time of the initial 
report under this subsection, if any. 
‘‘(B) Functions performed under this Act, 
educational background, a biographical descrip-
tion of past and present work at or for the De-
partment of Energy or an atomic weapons em-
ployer facility (or for a contractor or subcon-
tractor performing work at such facility), in-
cluding a list of responsibilities while employed 
at such facility. 
‘‘(C) A list of each workers’ compensation 
claim or lawsuit (identified by name) in which 
any individual who is an entity under this sec-
tion was an expert witness (including as a non- 
testifying expert), and the position such indi-
vidual held or represented in such claim or law-
suit. 
‘‘(D) A list of facilities and positions for 
which the entity has a conflict of interest and 
is prohibited from carrying out activities re-
quired by this Act. 
‘‘(E) Any change in the information re-
quired by this paragraph during the time such 
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entity is involved with the activities described in 
this subsection. 
‘‘(2) INITIAL AND PERIODIC REPORTS.—A con-
tractor, subcontractor, or consultant required to re-
port information to the Director of the National In-
stitute for Occupational Safety and Health under 
paragraph (1) shall— 
‘‘(A) initially report such information— 
‘‘(i) not later than 15 days after the 
date of enactment of the Energy Employ-
ees Occupational Illness Compensation 
Program Improvement Act of 2007; or 
‘‘(ii) in the case of such an entity that 
is not involved with an activity described in 
paragraph (1) as of the date of the enact-
ment of such Act, on the date that such 
entity becomes involved with such an activ-
ity; and 
‘‘(B) shall periodically report any changes 
or updates to such information, as the Director 
may require. 
‘‘(3) DISCLOSURE AND REVISION BY THE DI-
RECTOR.—The Director of the National Institute for 
Occupational Safety and Health shall disclose to the 
general public, in paper and electronic format, the 
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information reported to the Director under para-
graph (1). The Director shall require contractors, 
subcontractors, and consultants to periodically revise 
the information reported under paragraph (1) to in-
clude any changes to such information. The Director 
shall ensure that the information disclosed to the 
general public under this paragraph contains the 
most recent information available to the Director. 
‘‘(d) CONTRACTS WITH NIOSH.— 
‘‘(1) No entity that is performing work for the 
National Institute for Occupational Safety and 
Health or that has entered into and is obligated 
under a contracting arrangement with the National 
Institute for Occupational Safety and Health to con-
duct activities related to this Act shall, at any time 
during which the entity is performing such work or 
is so obligated— 
‘‘(A) perform work at or for the Depart-
ment of Energy or an atomic weapons employer 
facility (or for a contractor or subcontractor 
performing work at a Department of Energy or 
an atomic weapons employer facility) which in-
volves radiation protection, dose estimation, or 
health physics; or 
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‘‘(B) solicit new work related to radiation 
protection, dose estimation, or health physics 
from the Department of Energy or an atomic 
weapons employer (or from contractors or sub-
contractors performing work at a Department 
of Energy or an atomic weapons employer facil-
ity). 
‘‘(2) Any contractor or subcontractor per-
forming work for or obligated under a contracting 
arrangement with the National Institute for Occupa-
tional Safety and Health shall disclose in electronic 
and paper form all past contracts that the con-
tractor or subcontractor has entered into for per-
forming work at or for the Department of Energy or 
an atomic weapons employer facility (or for a con-
tractor or subcontractor performing work at such fa-
cility) which involves radiation protection, dose esti-
mation, or health physics. 
‘‘(e) DISALLOWANCE OF COSTS.—Any work product 
performed under a contracting arrangement with the De-
partment of Health and Human Services (or any agency 
or instrumentality thereof) by a contractor, subcontractor, 
or consultant in violation of this section, an agency conflict 
of interest policy, or a contract requirement related to con-
flict of interest shall constitute a breach of such contract, 
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and the costs incurred by such contractor, subcontractor, 
or consultant as a result of the performance of such work 
shall not be allowable costs for purposes of any cost reim-
bursement contract, task order contract, or any other type 
of contracting arrangement. 
‘‘(f) NO WAIVERS.—The Secretary of Health and 
Human Services shall not issue any waivers to this section. 
‘‘(g) DEFINITION OF ENTITY.—For purposes of this 
section and section 3635, the term ‘entity’— 
‘‘(1) means— 
‘‘(A) any individual— 
‘‘(i) who is or was employed by the 
Department of Energy or an atomic weap-
ons employer (or by a contractor or sub-
contractor to the Department of Energy or 
an atomic weapons employer); or 
‘‘(ii) who served as an expert witness 
(including as a nontestifying witness) in 
any legal proceeding defending a workers’ 
compensation claim related to radiation ex-
posure against the Department of Energy 
(or a contractor or subcontractor of any 
tier of such agency), or an atomic weapons 
employer; or 
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‘‘(B) any organization, contractor, subcon-
tractor, or consultant (including any employee, 
agent, or official of an organization, contractor, 
subcontractor, or consultant); and 
‘‘(2) does not include the Advisory Board on 
Radiation and Worker Health, or any member or 
employee of such Advisory Board. 
‘‘SEC. 3635. EFFECTS OF CONFLICTS OF INTEREST ON USE 
OF WORK PERFORMED. 
‘‘Any dose reconstruction, site profile, technical bul-
letin, or Special Exposure Cohort petition research per-
formed by an entity in violation of any provision of section 
3634, an agency conflict of interest policy, or a contract 
requirement related to conflict of interest shall not be con-
sidered or used for any purpose relating to— 
‘‘(1) the adjudication of any claim concerning 
dose reconstruction of radiation doses received by 
any individual; or 
‘‘(2) the consideration or determination of 
whether members of a class of employees may be 
treated as members of the Special Exposure Cohort 
under section 3626.’’. 
SEC. 10. DUTIES OF THE OFFICE OF OMBUDSMAN. 
Section 3686(c) (42 U.S.C. 7385s–15(c)) is amend-
ed— 
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(1) in paragraph (1), by inserting ‘‘subtitle B 
and’’ after ‘‘available under’’; 
(2) by redesignating paragraph (3) as para-
graph (5); and 
(3) by inserting after paragraph (2) the fol-
lowing new paragraphs: 
‘‘(3) To assist individuals in making claims 
under this subtitle. 
‘‘(4) To act as advocate on behalf of individuals 
seeking benefits under this subtitle.’’. 
SEC. 11. REGULATIONS. 
Not later than 90 days after the date of enactment 
of this Act, the Secretary of Health and Human Services 
shall publish rules to modify the regulations and proce-
dures of the Department of Health and Human Services 
relating to the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7384 et 
seq.), to conform the regulations and procedures to the 
amendments made by this Act. 
Æ 
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