I
103D CONGRESS
1ST SESSION
H. R. 2572
To amend the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 to establish citizens advisory boards for Department
of Energy defense nuclear facilities and to require the Administrator
of the Agency for Toxic Substances and Disease Registry to conduct
public health and exposure assessments of such facilities.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1993
Mr. RICHARDSON (for himself, Mr. BILBRAY, Ms. NORTON, Mrs. MINK, Mr.
SKAGGS, Mr. OWENS, Mr. SPRATT, Mr. EVANS, Mr. MARKEY, Mr.
GILCHREST, Mr. KREIDLER, Mrs. VUCANOVICH, Mr. ABERCROMBIE, and
Mrs. SCHROEDER) introduced the following bill; which was referred joint-
ly to the Committees on Energy and Commerce and Armed Services
A BILL
To amend the Comprehensive Environmental Response, Com-
pensation, and Liability Act of 1980 to establish citizens
advisory boards for Department of Energy defense nu-
clear facilities and to require the Administrator of the
Agency for Toxic Substances and Disease Registry to
conduct public health and exposure assessments of such
facilities.
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 ‘‘Federal Facilities
Community Oversight for Public Health Act of 1993’’.
SEC. 2. DEPARTMENT OF ENERGY CITIZEN ADVISORY
BOARDS.
(a) ESTABLISHMENT.—Title III of the Comprehen-
sive Environmental Response, Compensation, and Liabil-
ity Act of 1980 (42 U.S.C. 9601 et seq.) is amended by
adding at the end the following new section:
‘‘SEC. 313. DEPARTMENT OF ENERGY CITIZENS ADVISORY
BOARDS.
‘‘(a) ESTABLISHMENT.—
‘‘(1) IN GENERAL.—There is established a citi-
zens advisory board for each Department of Energy
defense nuclear facility.
‘‘(2) DEFINITION.—For purposes of this sec-
tion, the term ‘‘defense nuclear facility’’ has the
same meaning given such term in section 104(i)(24).
‘‘(b) MEMBERSHIP.—
‘‘(1) IN GENERAL.—
‘‘(A) RECOMMENDATIONS
OF
REGIONAL
ADMINISTRATORS.—Each 
regional 
Adminis-
trator of the Environmental Protection Agency
for a region in which a defense nuclear facility
is located shall prepare a list of individuals rec-
ommended by such regional Administrator for
‘‘(C) NUMBER OF ORIGINAL MEMBERS.—
Each such advisory board shall originally be
composed of 15 members.
‘‘(2) COMPOSITION.—
‘‘(A) IN GENERAL.—Of the members ap-
pointed under this subsection—
‘‘(i) at least five members shall be in-
dividuals who live in a community near, or
a region adjacent to, the defense nuclear
facility for which the advisory board is es-
tablished;
‘‘(ii) with respect to a defense nuclear
facility which has an affect on Native
American cultural, religious, and other in-
terests, at least one member shall be a
member of an affected Indian tribe;
‘‘(iii) at least one member shall be a
representative of a nationally recognized
nonprofit public interest organization;
‘‘(iv) at least one member shall be a
representative of a local or regional non-
profit public interest organization with a
demonstrated prior interest and involve-
ment in Department of Energy environ-
mental activities;
‘‘(v) at least one member shall be an
individual having technical expertise in en-
vironmental restoration and waste manage-
ment activities;
‘‘(vi) at least one member shall be a
local medical or health professional; and
‘‘(vii) at least one member shall be an
employee representative of a labor union
that represents workers who are involved
in environmental restoration and waste
management activities at the defense nu-
clear facility.
‘‘(B) CONSIDERATION
OF
FACTORS.—In
making appointments to an advisory board for
a defense nuclear facility under this subsection,
the Administrator shall, in consultation with
the regional Administrator of the Environ-
mental Protection Agency for the region in
which the facility is located and to the greatest
extent possible—
‘‘(i) consider and include on the advi-
sory board divergent interests and view-
points that represent the full diversity of
interests and viewpoints within the affected
community; and
‘‘(ii) provide an opportunity for par-
ticipation on the advisory board by persons
who are or have been disproportionately af-
fected by environmental contamination at
the defense nuclear facility.
‘‘(3) LIMITATION.—A member of an advisory
board established under this subsection shall not be
an employee of the Department of Energy, a Fed-
eral or State agency responsible for regulating facil-
ity compliance with environmental laws, or a con-
tractor or subcontractor of the defense nuclear
facility.
‘‘(4) CONSULTATION WITH ADVISORY BOARD.—
The Secretary of Energy shall cooperate with the
heads of other appropriate Federal and State agen-
cies to provide consultation to the advisory boards,
upon the request of the boards.
‘‘(5) EXPANSION.—
‘‘(A) IN GENERAL.—The members of an
advisory board established for a defense nuclear
facility under subsection (a) may submit to the
Administrator a recommendation that the mem-
bership of the advisory board be expanded to
not more than 20 members. A recommendation
under this subparagraph shall take into account
interests that, in the consideration of the advi-
sory board, are not adequately represented or
considered at the time of the establishment of
the advisory board and are new interests that
may not have existed at such time.
‘‘(B) REJECTION OF EXPANSION.—If the
Administrator, in consultation with the regional
Administrator of the Environmental Protection
Agency for the region in which the facility is lo-
cated, and the Members of Congress, the Gov-
ernors, and the State agency described in para-
graph (1)(A), rejects the recommendation of an
advisory board submitted under subparagraph
(A), the Administrator shall provide to the advi-
sory board a written explanation of the reasons
for the rejection.
‘‘(c) TERMS.—
‘‘(1) IN GENERAL.—The members of an advi-
sory board originally appointed under subsection
(b)(1)(B) shall establish the term of membership on
the advisory board, except that the term of member-
ship shall be of a length which helps to ensure that
there exists a continuing opportunity for, and access
to, participation on the advisory board and a balance
of interests and views represented on the advisory
board.
‘‘(2) VACANCIES.—The members of an advisory
board 
originally 
appointed 
under 
subsection
(b)(1)(B) shall establish procedures for filling a va-
cancy that occurs on the advisory board. The Ad-
ministrator shall fill any such vacancy, in consulta-
tion with the regional Administrator of the Environ-
mental Protection Agency, the Members of Congress,
the State agency, and the representatives of other
interested organizations described in subsection
(b)(1)(A).
‘‘(d) DUTIES.—An advisory board established for a
defense nuclear facility under subsection (a)—
‘‘(1) shall review and evaluate the performance
by the Department of Energy of environmental res-
toration and waste management activities at the de-
fense nuclear facility, including an assessment of
compliance by the Department of Energy with mile-
stones and deadlines agreed to by the Department of
Energy in interagency agreements entered into with
other Federal and State agencies;
‘‘(2) shall review and evaluate the exercise of
regulatory authority with respect to the defense nu-
clear facility by the Environmental Protection Agen-
cy, the environmental agency of the State in which
the defense nuclear facility is located, and other ap-
propriate Federal and State agencies, regarding—
‘‘(A) any actions taken by such agencies to
enforce compliance by the Department of En-
ergy with milestones and deadlines agreed to by
the Department of Energy in interagency agree-
ments entered into with other Federal and
State agencies;
‘‘(B) the substance and timeliness of infor-
mation provided to members of the public by
the defense nuclear facility with regard to envi-
ronmental restoration and waste management
activities at the defense nuclear facility, includ-
ing the responsiveness of the defense nuclear
facility to requests for additional information;
and
‘‘(C) the design and coordination of public
comment efforts, including those required under
this Act, the National Environmental Policy Act
of 1969 (42 U.S.C. 4321 et seq.), the Solid
Waste Disposal Act (42 U.S.C. 6901 et seq.),
and other Federal and State laws requiring
public review and comment on environmental
restoration and waste management decisions at
the defense nuclear facility;
‘‘(3) shall provide, at least once annually, to the
Department of Energy, the Environmental Protec-
tion Agency, and other appropriate Federal and
State agencies—
‘‘(A) independent policy and technical eval-
uation of significant decisions made by such
agencies relating to environmental restoration
and waste management activities at the defense
nuclear facility, including decisions on the selec-
tion of waste management treatment tech-
nology, the selection of cleanup remedies for en-
vironmental restoration, and the design and
conduct of health assessments;
‘‘(B) policy and technical recommendations
based upon the evaluation conducted under sub-
paragraph (A); and
‘‘(C) policy and technical recommendation
based upon any evaluations conducted under
paragraph (8);
‘‘(4) shall make recommendations to the Sec-
retary of Energy, the Administrator, and appro-
priate State agencies in setting environmental res-
toration priorities at such defense nuclear facility