[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2572 Introduced in House (IH)]

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 jointly to the 
          Committees on Energy and Commerce and Armed Services

_______________________________________________________________________

                                 A BILL


 
 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.

    Be it enacted by the Senate and House of Representatives 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 Comprehensive Environmental 
Response, Compensation, and Liability 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 citizens advisory 
        board for each Department of Energy defense nuclear facility.
            ``(2) Definition.--For purposes of this section, 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 Administrator of the Environmental 
                Protection Agency for a region in which a defense 
                nuclear facility is located shall prepare a list of 
                individuals recommended by such regional Administrator 
                for membership on the advisory board established for 
                such facility under subsection (a)(1). In preparing the 
                list, the regional Administrator shall consult with the 
                Members of Congress who represent the district in which 
                the facility is located, the Governor of the State in 
                which the facility is located, the Governor of any 
                other State which is located within 50 miles of the 
                facility, the State agency which is responsible for 
                regulating facility compliance with the environmental 
                laws of the State in which the facility is located, 
                and, as appropriate, representatives of other 
                interested organizations in the affected community. The 
                regional Administrator shall submit the list to the 
                Administrator.
                    ``(B) Appointment by administrator.--The members of 
                an advisory board established for a defense nuclear 
                facility under subsection (a) shall be appointed by the 
                Administrator, in consultation with the regional 
                Administrator of the Environmental Protection Agency 
                for the region in which such facility is located and 
                after consideration of the list prepared by such 
                regional Administrator for the facility pursuant to 
                subparagraph (A).
                    ``(C) Number of original members.--Each such 
                advisory board shall originally be composed of 15 
                members.
            ``(2) Composition.--
                    ``(A) In general.--Of the members appointed under 
                this subsection--
                            ``(i) at least five members shall be 
                        individuals who live in a community near, or a 
                        region adjacent to, the defense nuclear 
                        facility for which the advisory board is 
                        established;
                            ``(ii) with respect to a defense nuclear 
                        facility which has an affect on Native American 
                        cultural, religious, and other interests, 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 nonprofit 
                        public interest organization with a 
                        demonstrated prior interest and involvement in 
                        Department of Energy environmental activities;
                            ``(v) at least one member shall be an 
                        individual having technical expertise in 
                        environmental restoration and waste management 
                        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 nuclear 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 Environmental Protection Agency for the region 
                in which the facility is located and to the greatest 
                extent possible--
                            ``(i) consider and include on the advisory 
                        board divergent interests and viewpoints that 
                        represent the full diversity of interests and 
                        viewpoints within the affected community; and
                            ``(ii) provide an opportunity for 
                        participation on the advisory board by persons 
                        who are or have been disproportionately 
                        affected 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 Federal or State agency responsible 
        for regulating facility compliance with environmental laws, or 
        a contractor 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 agencies 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 membership 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 
                advisory 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 located, and 
                the Members of Congress, the Governors, and the State 
                agency described in paragraph (1)(A), rejects the 
                recommendation of an advisory board submitted under 
                subparagraph (A), the Administrator shall provide to 
                the advisory board a written explanation of the reasons 
                for the rejection.
    ``(c) Terms.--
            ``(1) In general.--The members of an advisory board 
        originally appointed under subsection (b)(1)(B) shall establish 
        the term of membership on the advisory board, except that the 
        term of membership 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 vacancy that occurs on the advisory 
        board. The Administrator shall fill any such vacancy, in 
        consultation with the regional Administrator of the 
        Environmental 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 restoration and waste 
        management activities at the defense nuclear facility, 
        including an assessment of compliance by the Department of 
        Energy with milestones 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 nuclear facility by the 
        Environmental Protection Agency, the environmental agency of 
        the State in which the defense nuclear facility is located, and 
        other appropriate Federal and State agencies, regarding--
                    ``(A) any actions taken by such agencies to enforce 
                compliance by the Department of Energy with milestones 
                and deadlines agreed to by the Department of Energy in 
                interagency agreements entered into with other Federal 
                and State agencies;
                    ``(B) the substance and timeliness of information 
                provided to members of the public by the defense 
                nuclear facility with regard to environmental 
                restoration and waste management activities at the 
                defense nuclear facility, including 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 Protection Agency, and 
        other appropriate Federal and State agencies--
                    ``(A) independent policy and technical evaluation 
                of significant decisions made by such agencies relating 
                to environmental restoration and waste management 
                activities at the defense nuclear facility, including 
                decisions on the selection of waste management 
                treatment technology, the selection of cleanup remedies 
                for environmental restoration, and the design and 
                conduct of health assessments;
                    ``(B) policy and technical recommendations based 
                upon the evaluation conducted under subparagraph (A); 
                and
                    ``(C) policy and technical recommendation based 
                upon any evaluations conducted under paragraph (8);
            ``(4) shall make recommendations to the Secretary of 
        Energy, the Administrator, and appropriate State agencies in 
        setting environmental restoration priorities at such defense 
        nuclear facility and in addressing substantive and 
        jurisdictional issues, including--
                    ``(A) the appropriateness and consistency of 
                standards relating to environmental restoration and 
                waste management activities with respect to hazardous 
                materials, mixed radioactive and hazardous materials, 
                and radioactive materials; and
                    ``(B) the advisability of renegotiating 
                environmental restoration and waste management 
                milestones under Federal facility agreements in light 
                of new information regarding public health, ecological, 
                land use, technical, and fiscal concerns;
            ``(5) shall provide to the Secretary of Energy, the 
        Administrator, and the Governor of the State in which the 
        defense nuclear facility is located the views of persons in 
        communities and regions located near, or affected by, the 
        defense nuclear facility regarding the environmental 
        restoration and waste management activities conducted at the 
        defense nuclear facility;
            ``(6) shall annually submit to the Governor of the State in 
        which the defense nuclear facility is located and to the 
        Congress a report on the activities of the advisory board 
        during the preceding year, including the findings, assessments, 
        and conclusions of the advisory board, and any policy and 
        technical recommendations of the advisory board based upon such 
        findings, assessments, and conclusions;
            ``(7) shall provide to the Secretary of Energy the 
        recommendation described in subsection (j)(2);
            ``(8) may, if the advisory board considers it to be 
        appropriate, review and evaluate the exercise of regulatory 
        authority with respect to the defense nuclear facility by the 
        Environmental Protection Agency, the environmental agency of 
        the State in which the defense nuclear facility is located, and 
        other appropriate Federal and State agencies, regarding--
                    ``(A) actions taken by appropriate Federal and 
                State agencies to enforce compliance by the Department 
                of Energy with Federal or State laws requiring the 
                performance of relevant public health activities at the 
                defense nuclear facility; and
                    ``(B) the adequacy of existing or ongoing public 
                health activities undertaken by the Department of 
                Energy and other appropriate Federal and State agencies 
                with respect to the defense nuclear facility; and
            ``(9) may perform any other review and make any other 
        substantive recommendations the advisory board considers 
        necessary to carry out its duties under this section.
    ``(e) Basic Pay.--
            ``(1) Rates of pay.--Except as provided in paragraph (2), 
        members of an advisory board established under subsection (a) 
        shall serve without pay.
            ``(2) Travel expenses.--Each member shall receive travel 
        expenses, including per diem in lieu of subsistence, in 
        accordance with sections 5702 and 5703 of title 5, United 
        States Code.
    ``(f) Chairperson.--The Chairperson of an advisory board 
established in subsection (a) shall be elected by the members of the 
board.
    ``(g) Staff.--
            ``(1) In general.--An advisory board established under 
        subsection (a) may appoint at least one part-time 
        administrative staff person and at least one full-time 
        technical expert to provide the advisory board with independent 
        and technical review of technical information, including 
        technical information, relevant reports, studies, and 
        regulatory documents generated as a result of environmental 
        restoration, land use, waste management, and health studies 
        activities at the defense nuclear facility.
            ``(2) Applicability of certain civil service laws.--The 
        staff of any such advisory board shall be appointed subject to 
        the provisions of title 5, United States Code, governing 
        appointments in the competitive service, and shall be paid in 
        accordance with the provisions of chapter 51 and subchapter III 
        of chapter 53 of that title relating to classification and 
        General Schedule pay rates.
    ``(h) Hearings and Sessions.--An advisory board established under 
subsection (a) may, for the purpose of carrying out this section, hold 
hearings, sit and act at times and places, take testimony, and receive 
evidence as the advisory board considers appropriate.
    ``(i) Information.--
            ``(1) In general.--An advisory board established under 
        subsection (a) may secure directly from any Federal agency 
        information necessary to enable it to carry out this section. 
        Upon request of the Chairperson or any member of the advisory 
        board, the head of the Federal agency shall furnish the 
        information to the advisory board.
            ``(2) Duty of federal and state agencies.--
                    ``(A) Duty of secretary of energy.--The Secretary 
                of Energy, in cooperation with the heads of any other 
                appropriate Federal and State agencies, shall provide 
                to an advisory board established for a defense nuclear 
                facility under subsection (a), upon request of such 
                advisory board, any nonclassified data available to the 
                Secretary of Energy on past, present, and future 
                activities at the facility relating to or involving 
                environmental contamination, and environmental 
                restoration and waste management, including--
                            ``(i) available environmental data related 
                        to the defense nuclear facility, including data 
                        on environmental contaminants, contaminant 
                        levels, and pathways of contamination;
                            ``(ii) health outcome data relating to 
                        populations potentially exposed to a hazardous 
                        substance as a result of a release from the 
                        defense nuclear facility; and
                            ``(iii) any other information of relevance 
                        to the public health of populations at risk of 
                        exposure to release from the defense nuclear 
                        facility.
                    ``(B) Duty of federal and state agencies.--The 
                Secretary of Energy, the Administrator, the 
                Administrator of the Agency for Toxic Substances and 
                Disease Registry, and the heads of other appropriate 
                Federal and State agencies shall, with respect to the 
                agency under the jurisdiction of such individual and at 
                least once annually, provide to each such advisory 
                board the following:
                            ``(i) Information regarding whether and how 
                        the policy and technical recommendations of the 
                        advisory board provided under subsection 
                        (d)(3)(B) were considered by the agency with 
                        respect to decisions made by the agency 
                        concerning environmental restoration and waste 
                        management activities conducted at the defense 
                        nuclear facility.
                            ``(ii) Information regarding whether and 
                        how the policy and technical recommendations of 
                        the advisory board provided under subsection 
                        (d)(3)(C), if any, were considered by the 
                        agency with respect to decisions made by the 
                        agency concerning public health activities 
                        conducted at the defense nuclear facility.
                            ``(iii) Information regarding whether and 
                        how the evaluation of the advisory board 
                        conducted under subsection (d)(2) was 
                        considered by the Environmental Protection 
                        Agency, the environmental agency of the State 
                        in which the defense nuclear facility is 
                        located, and other appropriate Federal and 
                        State agencies when such agencies took action 
                        to enforce compliance by the Department of 
                        Energy with agreements referred to in 
                        subsection (d)(2)(A) and laws referred to in 
                        subsection (d)(8)(A).
    ``(j) Technical Assistance.--
            ``(1) In general.--The Secretary of Energy shall provide 
        sufficient funding to each advisory board established pursuant 
        to this section to enable the advisory board to carry out its 
        duties under this section.
            ``(2) Limitation.--In providing funding under paragraph 
        (1), the Secretary of Energy shall consider the recommendation 
        of each such advisory board regarding the amount of funding the 
        advisory board considers necessary to carry out its duties 
        under this section.
    ``(k) Termination.--Section 14(a)(2)(B) of the Federal Advisory 
Committee Act (5 U.S.C. App.; relating to the termination of advisory 
committees) shall not apply to an advisory board established under this 
section.''.
    (b) Technical Amendment.--The table of contents for title III of 
the Comprehensive Environmental Response, Compensation, and Liability 
Act of 1980 is amended by adding at the end the following new item:

``Sec. 313. Department of Energy citizens advisory boards.''.

SEC. 3. PUBLIC HEALTH ASSESSMENTS FOR DEPARTMENT OF ENERGY DEFENSE 
              NUCLEAR FACILITIES.

    Section 104(i) of the Comprehensive Environmental Response, 
Compensation, and Liability Act of 1980 (42 U.S.C. 9604(i)) is amended 
by adding at the end the following new paragraphs:
    ``(19) The Administrator of ATSDR shall perform a health 
assessment, preliminary health assessment, or any other public health 
action such Administrator determines to be necessary with respect to 
each defense nuclear facility included in programmatic environmental 
impact statements prepared by such Department for the environmental 
restoration and waste management programs of such Department. The 
Administrator of ATSDR may, subject to appropriations, contract with 
university or private sector entities, and enter into cooperative 
agreements with States, to collect or analyze data necessary for the 
health assessments.
    ``(20)(A) The Administrator of ATSDR shall, with respect to each 
such defense nuclear facility, perform an off-site preliminary exposure 
assessment to identify existing and potential human exposure to any 
contamination of hazardous substances which may be the result of a 
release of such substances from the facility. Any such assessment shall 
include field data to measure such exposure of populations determined 
by such Administrator to be affected, or potentially affected, by such 
exposure.
    ``(B) To carry out exposure assessments under this paragraph, the 
Administrator of ATSDR may coordinate with other appropriate Federal 
and State agencies or, subject to appropriations, contract with 
university or private sector entities.
    ``(C) After the performance of a preliminary exposure assessment 
with respect to a nuclear defense facility under subparagraph (A), the 
Administrator of ATSDR shall conduct any follow-up studies, including 
dose reconstruction studies, the Administrator of ATSDR considers to be 
necessary to protect and evaluate the public health in communities 
having affected or potentially affected populations.
    ``(21) The Secretary of Energy, the Administrator, and the 
Administrator of ATSDR shall each, to the greatest extent possible, 
coordinate the public health and exposure assessments conducted under 
paragraphs (19) and (20) with any public health and exposure 
assessments conducted by other Federal agencies, particularly with 
respect to public participation in any such assessments.
    ``(22) The Secretary of Energy and the managers of appropriate 
defense nuclear facilities shall provide to the Administrator of ATSDR 
any information in the possession of the Secretary of Energy and the 
managers that may be useful to or required by the Administrator of 
ATSDR to carry out paragraphs (19) and (20). Within 6 months after the 
date of the enactment of the Federal Facilities Community Oversight for 
Public Health Act of 1993, the Secretary of Energy and the 
Administrator of ATSDR shall enter into a memorandum of understanding 
regarding the manner in which such paragraphs shall be carried out.
    ``(23) Any person may submit a petition to the Administrator of 
ATSDR requesting a health assessment of a defense nuclear facility.
    ``(24) For purposes of this subsection, the term `defense nuclear 
facility' means--
            ``(A) a production facility or utilization facility (as 
        those terms are defined in section 11 of the Atomic Energy Act 
        of 1954 (42 U.S.C. 2014)) that is under the control or 
        jurisdiction of the Secretary of Energy and that is operated 
        for national security purposes (including the tritium loading 
        facility at Savannah River, South Carolina, the 236 H facility 
        at Savannah River, South Carolina; and the Mound Laboratory, 
        Ohio), but the term does not include any facility that does not 
        conduct atomic energy defense activities and does not include 
        any facility or activity covered by Executive Order Number 
        12344, dated February 1, 1982, pertaining to the naval nuclear 
        propulsion program;
            ``(B) a nuclear waste storage or disposal facility that is 
        under the control or jurisdiction of the Secretary of Energy;
            ``(C) a testing and assembly facility that is under the 
        control or jurisdiction of the Secretary of Energy and that is 
        operated for national security purposes (including the Nevada 
        Test Site, Nevada; the Pinnellas Plant, Florida; and the Pantex 
        facility, Texas);
            ``(D) an atomic weapons research facility that is under the 
        control or jurisdiction of the Secretary of Energy (including 
        the Lawrence Livermore, Los Alamos, and Sandia National 
        Laboratories); or
            ``(E) any facility described in subparagraphs (A) through 
        (D) that--
                    ``(i) is no longer in operation;
                    ``(ii) was under the control or jurisdiction of the 
                Department of Defense, the Atomic Energy Commission, or 
                the Energy Research and Development Administration; and
                    ``(iii) was operated for national security 
                purposes.''.

SEC. 4. INVOLVEMENT OF INTERESTED PARTIES.

    (a) Action by the Secretary of Energy.--
            (1) In general.--Title III of the Comprehensive 
        Environmental Response, Compensation, and Liability Act of 1980 
        (42 U.S.C. 9601 et seq.), as amended by section 2(a), is 
        further amended by adding at the end the following new section:

``SEC. 314. INVOLVEMENT OF INTERESTED PARTIES.

    ``Within 6 months after the date of the enactment of the Federal 
Facilities Community Oversight for Public Health Act of 1993, the 
Secretary of Energy shall develop a long-range strategy for ensuring 
the substantive involvement of affected States, Indian tribes, 
communities, and the public in carrying out sections 313 and paragraphs 
(19 through 23) of section 104(i). The strategy shall be updated as 
necessary and shall include--
            ``(1) schedules for actions and responses undertaken 
        pursuant to such sections;
            ``(2) methods to ensure that the public is fully and 
        adequately informed of local meetings conducted with respect to 
        the actions and responses referred to in paragraph (1); and
            ``(3) the development of a history book for each defense 
        nuclear facility to which section 104(i) applies that provides 
        an updated record of all such meetings, actions, and responses 
        conducted or undertaken with respect to the defense nuclear 
        facility.''.
            (2) Technical amendment.--The table of contents for title 
        III of the Comprehensive Environmental Response, Compensation, 
        and Liability Act of 1980, as amended by section 2(b), is 
        further amended by adding at the end the following new item:

``Sec. 314. Involvement of interested parties.''.
    (b) Action by the Administrator of ATSDR.--Within 6 months after 
the date of the enactment of this Act, the Administrator of the Agency 
for Toxic Substances and Disease Registry shall submit to the Congress 
a comprehensive plan for carrying out the amendments made by this Act 
and for ensuring the substantive involvement of affected States, Indian 
tribes, communities, and the public in the conduct of the activities of 
the Agency for Toxic Substances and Disease Registry that are provided 
for in such amendments. The plan shall include provisions for the 
appropriate involvement of the scientific community to ensure the 
scientific credibility of such activities.

SEC. 5. PROVISION OF PERSONNEL FOR ATSDR.

    The President shall ensure that the Agency for Toxic Substances and 
Disease Registry has adequate staff to carry out its activities under 
this Act and the amendments made by this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of Energy 
and the Administrator of the Agency for Toxic Substances and Disease 
Registry such sums as may be necessary to carry out this Act and the 
amendments made by this Act. Such sums shall be credited to the Defense 
Environmental Restoration and Waste Management Account established by 
section 3134(a) of the National Defense Authorization Act for Fiscal 
Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1575).

                                 <all>

HR 2572 IH----2