I 
112TH CONGRESS 
1ST SESSION H. R. 1030 
To amend the Energy Employees Occupational Illness Compensation Program 
Act of 2000 to establish the Advisory Board on Toxic Substances and 
Worker Health for the contractor employee compensation program under 
subtitle E of such Act. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 10, 2011 
Mr. WHITFIELD (for himself and Mr. POLIS) introduced the following bill; 
which was referred to the Committee 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 con-
cerned 
A BILL 
To amend the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 to establish the Advisory 
Board on Toxic Substances and Worker Health for the 
contractor employee compensation program under sub-
title E of such Act. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘EEOICPA Amend-
ment Act of 2011’’. 
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SEC. 2. ESTABLISHMENT OF THE ADVISORY BOARD ON 
TOXIC SUBSTANCES AND WORKER HEALTH. 
(a) ADVISORY BOARD ON TOXIC SUBSTANCES AND 
WORKER HEALTH.—Subtitle E of the Energy Employees 
Occupational Illness Compensation Program Act of 2000 
(42 U.S.C. 7385 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 3687. 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 (in 
this section referred to 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 balance of per-
spectives from the scientific, medical, legal, worker, 
and worker advocate communities. 
‘‘(3) CHAIR.—The President shall designate a 
Chair for the Board from among its members. 
‘‘(b) DUTIES.—The Board shall— 
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‘‘(1) advise the Secretary, the Secretary of En-
ergy, and the Secretary of Health and Human Serv-
ices concerning the review and approval of the site 
exposure matrix used to determine eligibility for 
compensation under this subtitle for illnesses result-
ing from exposure to toxic substances; 
‘‘(2) periodically review and approve guidance 
provided to claims examiners on weighing medical 
evidence under this subtitle; 
‘‘(3) review reports by consulting physicians to 
ensure quality, objectivity, and consistency; and 
‘‘(4) coordinate exchanges of data and findings 
with the Advisory Board on Radiation and Worker 
Health to the extent necessary. 
‘‘(c) STAFF.— 
‘‘(1) IN GENERAL.—The Secretary shall appoint 
a staff to facilitate the work of the Board. The staff 
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 Sec-
retary may accept as staff of the Board personnel on 
detail from other Federal agencies as necessary to 
enable the Board to carry out its duties under this 
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section. The detail of personnel under this para-
graph may be on a nonreimbursable basis. 
‘‘(3) 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, while serving away from their 
homes or regular places of business, shall be allowed travel 
and meal expenses, including per diem in lieu of subsist-
ence, in accordance with applicable provisions under sub-
chapter I of chapter 57 of title 5, United States Code. 
‘‘(e) SECURITY CLEARANCES.— 
‘‘(1) APPLICATION.—The Secretary of Energy 
shall ensure that the members and staff of the 
Board, and the contractors performing work in sup-
port of the Board, are afforded the opportunity to 
apply for a security clearance for any matter for 
which such a clearance is appropriate. 
‘‘(2) DETERMINATION.—The Secretary of En-
ergy should, not later than 180 days after receiving 
a completed application for a security clearance 
under this subsection, make a determination whether 
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or not the individual concerned is eligible for the 
clearance. 
‘‘(3) REPORT.—For fiscal year 2013 and each 
fiscal year thereafter, the Secretary of Energy shall 
include in the budget justification materials sub-
mitted to Congress in support of the Department of 
Energy budget for that fiscal year (as submitted 
with the budget of the President under section 
1105(a) of title 31, United States Code) a report 
specifying the number of applications for security 
clearances under this subsection, the number of such 
applications granted, and the number of such appli-
cations denied. 
‘‘(f) INFORMATION.—The Secretary of Energy shall, 
in accordance with law, provide to the Board and the con-
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) OMBUDSMAN REPORT.—Section 3686 of such Act 
(42 U.S.C. 7385s–15) is amended— 
(1) by redesignating subsection (h) as sub-
section (i); and 
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(2) by inserting after subsection (g) the fol-
lowing: 
‘‘(h) RESPONSE TO REPORT.— 
‘‘(1) TIMING.—Not later than 90 days after the 
publication of the annual report under subsection 
(e), the Secretary shall submit to Congress a written 
response to the report. 
‘‘(2) CONTENTS OF RESPONSE.— 
‘‘(A) 
AGREEMENT.—If 
the 
Secretary 
agrees with a finding of the Ombudsman in the 
report, the Secretary shall include in the re-
sponse proposed actions to address any issues 
raised by the finding. 
‘‘(B) DISAGREEMENT.—If the Secretary 
disagrees with a finding of the Ombudsman in 
the report, the Secretary shall include in the re-
sponse the reasons of disagreement with the 
finding. 
‘‘(3) PUBLICATION.—The Secretary shall post 
the response on the public Internet site of the De-
partment of Labor.’’. 
Æ 
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