I 112th CONGRESS 1st Session H. R. 1030 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 concerned A BILL 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.

1.

Short Title

This Act may be cited as the EEOICPA Amendment Act of 2011.

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:

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 perspectives 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— (1)advise the Secretary, the Secretary of Energy, and the Secretary of Health and Human Services concerning the review and approval of the site exposure matrix used to determine eligibility for compensation under this subtitle for illnesses resulting 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 Secretary 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 section. The detail of personnel under this paragraph may be on a nonreimbursable basis. (3)

Contractors

The Secretary shall employ 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 subsistence, in accordance with applicable provisions under subchapter 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 support 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 Energy should, not later than 180 days after receiving a completed application for a security clearance under this subsection, make a determination whether 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 submitted 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 applications denied. (f)

Information

The Secretary of Energy shall, in accordance with law, provide to the Board and the contractors of the Board access to any information that the Board considers relevant to carry out its responsibilities under this section, including information such as Restricted 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 subsection (i); and (2)by inserting after subsection (g) the following: (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 response 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 response the reasons of disagreement with the finding. (3)

Publication

The Secretary shall post the response on the public Internet site of the Department of Labor. .