Monday, February 15, 2010

Executive Order Providing Compensation to America's Nuclear Weapons Workers



Presidential Documents 
77487 
Federal Register 
Vol. 65, No. 238 
Monday, December 11, 2000 
Title 3— 
The President 
Executive Order 13179 of December 7, 2000 
Providing Compensation to America’s Nuclear Weapons 
Workers 
By the authority vested in me as President by the Constitution and the 
laws of the United States of America, including Public Law 106-398, the 
Energy Employees Occupational Illness Compensation Program Act of 2000 
(Public Law 106-398, the ‘‘Act’’), and to allocate the responsibilities imposed 
by that legislation and to provide for further legislative efforts, it is hereby 
ordered as follows: 
Section 1. Policy. Since World War II, hundreds of thousands of men and 
women have served their Nation in building its nuclear defense. In the 
course of their work, they overcame previously unimagined scientific and 
technical challenges. Thousands of these courageous Americans, however, 
paid a high price for their service, developing disabling or fatal illnesses 
as a result of exposure to beryllium, ionizing radiation, and other hazards 
unique to nuclear weapons production and testing. Too often, these workers 
were neither adequately protected from, nor informed of, the occupational 
hazards to which they were exposed. 
Existing workers’ compensation programs have failed to provide for the 
needs of these workers and their families. Federal workers’ compensation 
programs have generally not included these workers. Further, because of 
long latency periods, the uniqueness of the hazards to which they were 
exposed, and inadequate exposure data, many of these individuals have 
been unable to obtain State workers’ compensation benefits. This problem 
has been exacerbated by the past policy of the Department of Energy (DOE) 
and its predecessors of encouraging and assisting DOE contractors in oppos- 
ing the claims of workers who sought those benefits. This policy has recently 
been reversed. 
While the Nation can never fully repay these workers or their families, 
they deserve recognition and compensation for their sacrifices. Since the 
Administration’s historic announcement in July of 1999 that it intended 
to compensate DOE nuclear weapons workers who suffered occupational 
illnesses as a result of exposure to the unique hazards in building the 
Nation’s nuclear defense, it has been the policy of this Administration 
to support fair and timely compensation for these workers and their survivors. 
The Federal Government should provide necessary information and otherwise 
help employees of the DOE or its contractors determine if their illnesses 
are associated with conditions of their nuclear weapons-related work; it 
should provide workers and their survivors with all pertinent and available 
information necessary for evaluating and processing claims; and it should 
ensure that this program minimizes the administrative burden on workers 
and their survivors, and respects their dignity and privacy. This order sets 
out agency responsibilities to accomplish these goals, building on the Admin- 
istration’s articulated principles and the framework set forth in the Energy 
Employees Occupational Illness Compensation Program Act of 2000. The 
Departments of Labor, Health and Human Services, and Energy shall be 
responsible for developing and implementing actions under the Act to com- 
pensate these workers and their families in a manner that is compassionate, 
fair, and timely. Other Federal agencies, as appropriate, shall assist in this 
effort. 
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77488 Federal Register/Vol. 65, No. 238/Monday, December 11, 2000/Presidential Documents 
Sec. 2. Designation of Responsibilities for Administering the Energy Employ- 
ees’ Occupational Illness Compensation Program (‘‘Program’’). 
(a) Secretary of Labor. The Secretary of Labor shall have primary responsi- 
bility for administering the Program. Specifically, the Secretary shall: 
(i) Administer and decide all questions arising under the Act not assigned 
to other agencies by the Act or by this order, including determining the 
eligibility of individuals 
with covered occupational illnesses and their survivors and adjudicating 
claims for compensation and benefits; 
(ii) No later than May 31, 2001, promulgate regulations for the administration 
of the Program, except for functions assigned to other agencies pursuant 
to the Act or this order; 
(iii) No later than July 31, 2001, ensure the availability, in paper and elec- 
tronic format, of forms necessary for making claims under the Program; 
and 
(iv) Develop informational materials, in coordination with the Secretary 
of Energy and the Secretary of Health and Human Services, to help potential 
claimants understand the Program and the application process, and provide 
these materials to individuals upon request and to the Secretary of Energy 
and the Attorney General for dissemination to potentially eligible individuals. 
(b) Secretary of Health and Human Services. The Secretary of Health 
and Human Services shall: 
(i) No later than May 31, 2001, promulgate regulations establishing: 
(A) guidelines, pursuant to section 3623(c) of the Act, to assess the likelihood 
that an individual with cancer sustained the cancer in the performance 
of duty at a Department of Energy facility or an atomic weapons employer 
facility, as defined by the Act; and 
(B) methods, pursuant to section 3623(d) of the Act, for arriving at and 
providing reasonable estimates of the radiation doses received by individuals 
applying for assistance under this program for whom there are inadequate 
records of radiation exposure; 
(ii) In accordance with procedures developed by the Secretary of Health 
and Human Services, consider and issue determinations on petitions by 
classes of employees to be treated as members of the Special Exposure 
Cohort; 
(iii) With the assistance of the Secretary of Energy, apply the methods 
promulgated under subsection (b)(i)(B) to estimate the radiation doses re- 
ceived by individuals applying for assistance; 
(iv) Upon request from the Secretary of Energy, appoint members for a 
physician panel or panels to consider individual workers’ compensation 
claims as part of the Worker Assistance Program under the process estab- 
lished pursuant to subsection (c)(v); and 
(v) Provide the Advisory Board established under section 4 of this order 
with administrative services, funds, facilities, staff, and other necessary sup- 
port services and perform the administrative functions of the President under 
the Federal Advisory Committee Act, as amended (5 U.S.C. App.), with 
respect to the Advisory Board. 
(c) Secretary of Energy. The Secretary of Energy shall: 
(i) Provide the Secretary of Health and Human Services and the Advisory 
Board on Radiation and Worker Health access, in accordance with law, 
to all relevant information pertaining to worker exposures, including access 
to restricted data, and any other technical assistance needed to carry out 
their responsibilities under subsection (b)(ii) and section 4(b), respectively. 
(ii) Upon request from the Secretary of Health and Human Services or 
the Secretary of Labor, and as permitted by law, require a DOE contractor, 
subcontractor, or 
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77489 
Federal Register/Vol. 65, No. 238/Monday, December 11, 2000/Presidential Documents 
designated beryllium vendor, pursuant to section 3631(c) of the Act, to 
provide information relevant to a claim under this Program; 
(iii) Identify and notify potentially eligible individuals of the availability 
of compensation under the Program; 
(iv) Designate, pursuant to sections 3621(4)(B) and 3622 of the Act, atomic 
weapons employers and additions 
to the list of designated beryllium vendors; 
(v) Pursuant to Subtitle D of the Act, negotiate agreements with the chief 
executive officer of each State in which there is a DOE facility, and other 
States as appropriate, to provide assistance to a DOE contractor employee 
on filing a State workers’ compensation system claim, and establish a Worker 
Assistance Program to help individuals whose illness is related to employ- 
ment in the DOE’s nuclear weapons complex, or the individual’s survivor 
if the individual is deceased, in applying for State workers’ compensation 
benefits. This assistance shall include: 
(1) Submittal of reasonable claims to a physician panel, appointed by the 
Secretary of Health and Human Services and administered by the Secretary 
of Energy, under procedures established by the Secretary of Energy, for 
determination of whether the individual’s illness or death arose out of 
and in the course of employment by the DOE or its contractors and exposure 
to a toxic substance at a DOE facility; and 
(2) For cases determined by the physician panel and the Secretary of Energy 
under section 3661(d) and (e) of the Act to have arisen out of and in 
the course of employment by the DOE or its contractors and exposure 
to a toxic substance at a DOE facility, provide assistance to the individual 
in filing for workers’ compensation benefits. The Secretary shall not contest 
these claims and, to the extent permitted by law, shall direct a DOE contractor 
who employed the applicant not to contest the claim; 
(vi) Report on the Worker Assistance Program by making publicly available 
on at least an annual basis claims- related data, including the number 
of claims filed, the number of illnesses found to be related to work at 
a DOE 
facility, job location and description, and number of successful State workers’ 
compensation claims awarded; and 
(vii) No later than January 15, 2001, publish in the Federal Register a 
list of atomic weapons employer facilities within the meaning of section 
3621(5) of the Act, Department of Energy employer facilities within the 
meaning of section 3621(12) of the Act, and a list of facilities owned and 
operated by a beryllium vendor, within the meaning of section 3621(6) 
of the Act. 
(d) Attorney General. The Attorney General shall: 
(i) Develop procedures to notify, to the extent possible, each claimant (or 
the survivor of that claimant if deceased) whose claim for compensation 
under section 5 of the Radiation Exposure Compensation Act has been 
or is approved by the Department of Justice, of the availability of supple- 
mental compensation and benefits under the Energy Employees Occupational 
Illness Compensation Program; 
(ii) Identify and notify eligible covered uranium employees or their survivors 
of the availability of supplemental compensation under the Program; and 
(iii) Upon request by the Secretary of Labor, provide information needed 
to adjudicate the claim of a covered uranium employee under this Program. 
Sec. 3. Establishment of Interagency Working Group. 
(a) There is hereby established an Interagency Working Group to be com- 
posed of representatives from the Office of Management and Budget, the 
National Economic Council, and the Departments of Labor, Energy, Health 
and Human Services, and Justice. 
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77490 Federal Register/Vol. 65, No. 238/Monday, December 11, 2000/Presidential Documents 
(b) The Working Group shall: 
(i) By January 1, 2001, develop a legislative proposal to ensure the Program’s 
fairness and efficiency, including provisions to assure adequate administra- 
tive resources and swift dispute resolution; and 
(ii) Address any impediments to timely and coordinated Program implemen- 
tation. 
Sec. 4. Establishment of Advisory Board on Radiation and Worker Health. 
(a) Pursuant to Public Law 106-398, there is hereby established an Advisory 
Board on Radiation and Health (Advisory Board). The Advisory Board shall 
consist of no more than 20 members to be appointed by the President. 
Members shall include affected workers and their representatives, and rep- 
resentatives from scientific and medical communities. The President shall 
designate a Chair for the Board among its members. 
(b) The Advisory Board shall: 
(i) Advise the Secretary of Health and Human Services on the development 
of guidelines under section 2(b)(i) of this order; 
(ii) Advise the Secretary of Health and Human Services on the scientific 
validity and quality of dose reconstruction efforts performed for this Program; 
and 
(iii) Upon request by the Secretary of Health and Human Services, advise 
the Secretary on whether there is a class of employees at any Department 
of Energy facility who were exposed to radiation but for whom it is not 
feasible to estimate their radiation dose, and on whether there is a reasonable 
likelihood that such radiation dose may have endangered the health of 
members of the class. 
Sec. 5. Reporting Requirements. The Secretaries of Labor, Health and Human 
Services, and Energy shall, as part of their annual budget submissions, 
report to the Office of Management and Budget (OMB) on their activities 
under this Program, including total expenditures related to benefits and 
program administration. They shall also report to the OMB, no later than 
March 1, 2001, on the manner in which they will carry out their respective 
responsibilities under the Act and this order. This report shall include, 
among other things, a description of the administrative structure established 
within their agencies to implement the Act and this order. In addition, 
the Secretary of Labor shall annually report on the total number and types 
of claims for which compensation was considered and other data pertinent 
to evaluating the Federal Government’s performance fulfilling the require- 
ments of the Act and this order. 
Sec. 6. Administration and Judicial Review. (a) This Executive Order shall 
be carried out subject to the availability of appropriations, and to the extent 
permitted by law. 
(b) This Executive Order does not create any right or benefit, substantive 
or procedural, enforceable at law or equity by a party against the United 
States, its agencies, its officers or employees, or any other person. 
œ– 
THE WHITE HOUSE, 
December 7, 2000. 
[FR Doc. 00–31692 
Filed 12–8–00; 8:45 am] 
Billing code 3195–01–P 
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