[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 1025 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 1025
To establish a presumption of occupational disease for certain
employees at the Department of Energy, to refine the definition of
compensable illnesses, to establish a research program, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 25, 2021
Mrs. Murray (for herself, Mr. Manchin, Mr. Lujan, and Mr. Heinrich)
introduced the following bill; which was read twice and referred to the
Committee on Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To establish a presumption of occupational disease for certain
employees at the Department of Energy, to refine the definition of
compensable illnesses, to establish a research program, and for other
purposes.
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 ``Toxic Exposure Safety Act of 2021''.
SEC. 2. ESTABLISHING A TOXIC SPECIAL EXPOSURE COHORT.
(a) Expansion of Covered Employees and Definition of Covered
Illnesses Under Subtitle E.--Section 3671 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42 U.S.C. 7385s)
is amended--
(1) in paragraph (1)--
(A) by striking ``employee determined under'' and
inserting the following: ``employee determined--
``(A) under'';
(B) by striking the period at the end and inserting
``; or''; and
(C) by adding at the end the following:
``(B) to have contracted a covered illness and be a
member of the Toxic Special Exposure Cohort established
under section 3671A.''; and
(2) by striking paragraph (2) and inserting the following:
``(2) The term `covered illness' means an occupational
illness or death resulting from exposure to a toxic substance,
including--
``(A) all forms of cancer;
``(B) malignant mesothelioma;
``(C) pneumoconiosis, including silicosis,
asbestosis, and other pneumoconiosis, and other
asbestos-related diseases, including asbestos-related
pleural disease;
``(D) any illness identified in a health studies
report under section 5(f)(4) of the Toxic Exposure
Safety Act of 2021 or a report under section
3615(f)(2)(D); and
``(E) any additional illness that the Secretary of
Health and Human Services designates by regulation, as
such Secretary determines appropriate based on--
``(i) the results of the report under
section 3671A(c); and
``(ii) the determinations made by such
Secretary in establishing a Toxic Special
Exposure Cohort under section 3671A.''.
(b) Designation of Toxic Special Exposure Cohort.--Subtitle E of
the Energy Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385s et seq.) is amended by inserting after section
3671 the following:
``SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPECIAL EXPOSURE COHORT.
``(a) Certain Designations.--The Secretary of Health and Human
Services, acting through the Director of the Centers for Disease
Control and Prevention--
``(1) shall establish a Toxic Special Exposure Cohort; and
``(2) as the Secretary determines appropriate in accordance
with the rules promulgated under subsection (b), may designate
classes of Department of Energy employees, Department of Energy
contractor employees, or atomic weapons employees as members of
the Toxic Special Exposure Cohort.
``(b) Promulgation of Rules.--Not later than 1 year after the date
of enactment of the Toxic Exposure Safety Act of 2021, the Secretary of
Health and Human Services shall promulgate rules--
``(1) establishing a process to determine whether there are
classes of Department of Energy employees, Department of Energy
contractor employees, or other classes of employees employed at
any Department of Energy facility--
``(A) who were at least as likely as not exposed to
toxic substances at a Department of Energy facility;
and
``(B) for whom the Secretary of Health and Human
Services has determined, after taking into
consideration the recommendations of the Advisory Board
on Toxic Substances and Worker Health on the matter,
that it is not feasible to estimate with sufficient
accuracy the frequency, intensity, and duration of
exposure they received; and
``(2) regarding how the Secretary of Health and Human
Services will designate employees, or classes of employees,
described in paragraph (1) as members of the Toxic Special
Exposure Cohort established under subsection (a)(1), which
shall include a requirement that the Secretary shall make
initial determinations regarding such designations.
``(c) Report to Congress.--
``(1) In general.--Not later than 180 days after the date
of enactment of the Toxic Exposure Safety Act of 2021, the
Secretary of Health and Human Services shall submit to the
relevant committees of Congress a report that identifies each
of the following:
``(A) A list of cancers and other illnesses
associated with toxic substances that pose, or posed, a
hazard in the work environment at any Department of
Energy facility.
``(B) The minimum duration of work required to
qualify for the Toxic Special Exposure Cohort
established under subsection (a)(1).
``(C) The class of employees that are designated as
members in the Toxic Special Exposure Cohort.
``(2) Relevant committees of congress defined.--In this
subsection, the term `relevant committees of Congress' means--
``(A) the Committee on Armed Services, Committee on
Appropriations, Committee on Energy and Natural
Resources, and the Committee on Health, Education,
Labor, and Pensions of the Senate; and
``(B) the Committee on Armed Services, Committee on
Appropriations, Committee on Energy and Commerce, and
the Committee on Education and Labor of the House of
Representatives.''.
(c) Allowing Subtitle B Claims for Eligible Employees Who Are
Members of the Toxic Special Exposure Cohort.--Section 3621(1) of the
Energy Employees Occupational Illness Compensation Program Act of 2000
(42 U.S.C. 7384l(1)) is amended by adding at the end the following:
``(D) A Department of Energy employee or atomic
weapons employee who--
``(i) has contracted a covered illness (as
defined in section 3671); and
``(ii) satisfies the requirements
established by the Secretary of Health and
Human Services for the Toxic Special Exposure
Cohort under section 3671A.''.
(d) Clarification of Toxic Substance Exposure for Covered
Illnesses.--Section 3675(c)(1) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-4(c)(1)) is
amended by inserting ``(including chemicals or combinations or mixtures
of a toxic substance, including heavy metals, and radiation)'' after
``toxic substance'' each place such term appears.
SEC. 3. PROVIDING INFORMATION REGARDING DEPARTMENT OF ENERGY
FACILITIES.
Subtitle E of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s et seq.) is amended
by inserting after section 3681 the following:
``SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPOSURE MATRICES.
``(a) Definition.--In this section, the term `site exposure
matrices' means an exposure assessment of a Department of Energy
facility that identifies the toxic substances or processes that were
used in each building or process of the facility, including the trade
name (if any) of the substance.
``(b) In General.--Not later than 180 days after the date of
enactment of the Toxic Exposure Safety Act of 2021, the Secretary of
Labor shall, in coordination with the Secretary of Energy, create or
update site exposure matrices for each Department of Energy facility
based on the records, files, and other data provided by the Secretary
of Energy and such other information as is available, including
information available from the former worker medical screening programs
of the Department of Energy.
``(c) Periodic Update.--Beginning 90 days after the initial
creation or update described in subsection (b), and each 90 days
thereafter, the Secretary shall update the site exposure matrices with
all information available as of such time from the Secretary of Energy.
``(d) Information.--The Secretary of Energy shall furnish to the
Secretary of Labor any information that the Secretary of Labor finds
necessary or useful for the production of the site exposure matrices
under this section, including records from the Department of Energy
former worker medical screening program.
``(e) Public Availability.--The Secretary of Labor shall make
available to the public, on the primary website of the Department of
Labor--
``(1) the site exposure matrices, as periodically updated
under subsections (b) and (c);
``(2) each site profile prepared under section 3633(a);
``(3) any other database used by the Secretary of Labor to
evaluate claims for compensation under this title; and
``(4) statistical data, in the aggregate and disaggregated
by each Department of Energy facility, regarding--
``(A) the number of claims filed under this
subtitle and the number of claims filed by members of
the Toxic Special Exposure Cohort who are covered under
subtitle B;
``(B) the types of illnesses claimed;
``(C) the number of claims filed for each type of
illness and, for each claim, whether the claim was
approved or denied;
``(D) the number of claimants receiving
compensation; and
``(E) the length of time required to process each
claim, as measured from the date on which the claim is
filed to the final disposition of the claim.
``(f) Funding.--There is authorized and hereby appropriated to the
Secretary of Energy, for fiscal year 2021 and each succeeding year,
such sums as may be necessary to support the Secretary of Labor in
creating or updating the site exposure matrices.''.
SEC. 4. ASSISTING CURRENT AND FORMER EMPLOYEES UNDER THE EEOICPA.
(a) Providing Information and Outreach.--Subtitle A of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384d et seq.) is amended--
(1) by redesignating section 3614 as section 3616; and
(2) by inserting after section 3613 the following:
``SEC. 3614. INFORMATION AND OUTREACH.
``(a) Establishment of Toll-Free Information Phone Number.--By not
later than January 1, 2022, the Secretary of Labor shall establish a
toll-free phone number that current or former employees of the
Department of Energy, or current or former Department of Energy
contractor employees, may use in order to receive information
regarding--
``(1) the compensation program under subtitle B or E;
``(2) information regarding the process of submitting a
claim under either compensation program;
``(3) assistance in completing the occupational health
questionnaire required as part of a claim under subtitle B or
E;
``(4) the next steps to take if a claim under subtitle B or
E is accepted or denied; and
``(5) such other information as the Secretary determines
necessary to further the purposes of this title.
``(b) Establishment of Resource and Advocacy Centers.--
``(1) In general.--By not later than January 1, 2023, the
Secretary of Energy, in coordination with the Secretary of
Labor, shall establish a resource and advocacy center at each
Department of Energy facility where cleanup operations are
being carried out, or have been carried out, under the
environmental management program of the Department of Energy.
Each such resource and advocacy center shall assist current or
former Department of Energy employees and current or former
Department of Energy contractor employees, by enabling the
employees and contractor employees to--
``(A) receive information regarding all related
programs available to them relating to potential claims
under this title, including--
``(i) programs under subtitles B and E; and
``(ii) the former worker medical screening
program of the Department of Energy; and
``(B) navigate all such related programs.
``(2) Coordination.--The Secretary of Energy shall
integrate other programs available to current and former
employees, and current or former Department of Energy
contractor employees, which are related to the purposes of this
title, with the resource and advocacy centers established under
paragraph (1), as appropriate.
``(c) Information.--The Secretary of Labor shall develop and
distribute, through the resource and advocacy centers established under
subsection (b) and other means, information (which may include
responses to frequently asked questions) for current or former
employees or current or former Department of Energy contractor
employees about the programs under subtitles B and E and the claims
process under such programs.
``(d) Copy of Employee's Claims Records.--
``(1) In general.--The Secretary of Labor shall, upon the
request of a current or former employee or Department of Energy
contractor employee, provide the employee with a complete copy
of all records or other materials held by the Department of
Labor relating to the employee's claim under subtitle B or E.
``(2) Choice of format.--The Secretary of Labor shall
provide the copy of records described in paragraph (1) to an
employee in electronic or paper form, as selected by the
employee.
``(e) Contact of Employees by Industrial Hygienists.--The Secretary
of Labor shall allow industrial hygienists to contact and interview
current or former employees or Department of Energy contractor
employees regarding the employee's claim under subtitle B or E.''.
(b) Extending Appeal Period.--Section 3677(a) of the Energy
Employees Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s-6(a)) is amended by striking ``60 days'' and inserting
``180 days''.
(c) Funding.--Section 3684 of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-13) is
amended--
(1) by striking ``There is authorized'' and inserting the
following:
``(a) In General.--There is authorized'';
(2) by inserting before the period at the end the
following: ``, including the amounts necessary to carry out the
requirements of section 3681A''; and
(3) by adding at the end the following:
``(b) Administrative Costs for Department of Energy.--There is
authorized and hereby appropriated to the Secretary of Energy for
fiscal year 2021 and each succeeding year such sums as may be necessary
to support the Secretary in carrying out the requirements of this
title, including section 3681A.''.
(d) Advisory Board on Toxic Substances and Worker Health.--Section
3687 of the Energy Employees Occupational Illness Compensation Program
Act of 2000 (42 U.S.C. 7385s-16) is amended--
(1) in subsection (b)--
(A) in paragraph (1)(F), by striking ``and'' after
the semicolon;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(3) develop recommendations for the Secretary of Health
and Human Services regarding--
``(A) whether there is a class of Department of
Energy employees, Department of Energy contractor
employees, or other employees at any Department of
Energy facility who were at least as likely as not
exposed to toxic substances at that facility but for
whom it is not feasible to estimate with sufficient
accuracy the dose they received; and
``(B) the conditions or requirements that should be
met in order for an individual to be designated as a
member of the Special Exposure Cohort under section
3671A; and
``(4) review all existing, as of the date of the review,
rules and guidelines issued by the Secretary regarding
presumption of causation and provide the Secretary with
recommendations for new rules and guidelines regarding
presumption of causation.'';
(2) in subsection (c)(3), by inserting ``or the Board''
after ``The Secretary'';
(3) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(4) by inserting after subsection (g) the following:
``(h) Required Responses to Board Recommendations.--Not later than
90 days after the date on which the Secretary of Labor and the
Secretary of Health and Human Services receives recommendations in
accordance with paragraph (1), (3), or (4) of subsection (b), such
Secretary shall submit formal responses to each recommendation to the
Board and Congress.''.
SEC. 5. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF TOXIC EXPOSURES.
(a) Definitions.--In this section--
(1) the term ``Department of Energy facility'' has the
meaning given the term in section 3621 of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384l);
(2) the term ``institution of higher education'' has the
meaning given such term in section 101 of the Higher Education
Act of 1965 (20 U.S.C. 1001); and
(3) the term ``Secretary'' means the Secretary of Health
and Human Services.
(b) Establishment.--The Secretary, acting through the Director of
the National Institute of Environmental Health Sciences and in
collaboration with the Director of the Centers for Disease Control and
Prevention, shall conduct or support research on the epidemiological
impacts of exposures to toxic substances at Department of Energy
facilities.
(c) Use of Funds.--Research under subsection (b) may include
research on the epidemiological, clinical, or health impacts on
individuals who were exposed to toxic substances in or near the tank or
other storage farms and other relevant Department of Energy facilities
through their work at such sites.
(d) Eligibility and Application.--Any institution of higher
education or the National Academy of Sciences may apply for funding
under this section by submitting to the Secretary an application at
such time, in such manner, and containing or accompanied by such
information as the Secretary may require.
(e) Research Coordination.--The Secretary shall coordinate
activities under this section with similar activities conducted by the
Department of Health and Human Services to the extent that other
agencies have responsibilities that are related to the study of
epidemiological, clinical, or health impacts of exposures to toxic
substances.
(f) Health Studies Report to Secretary.--Not later than 1 year
after the end of the funding period for research under this section,
the funding recipient shall prepare and submit to the Secretary a final
report that--
(1) summarizes the findings of the research;
(2) includes recommendations for any additional studies;
(3) describes any classes of employees that, based on the
results of the study and in accordance with the rules
promulgated by the Secretary under section 3671A(b) of the
Energy Employees Occupational Illness Compensation Program Act
of 2000 (as added by this Act), qualify for inclusion in the
Toxic Special Exposure Cohort under such section 3671A; and
(4) describes any illnesses to be included as covered
illnesses under section 3671(2)(D) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s(2)(D)).
(g) Report to Congress.--
(1) In general.--Not later than 120 days after the date on
which the reports under subsection (f) are due, the Secretary
shall--
(A) designate all classes of employees described in
the report under subsection (f)(3) as members of the
Toxic Special Exposure Cohort under section 3671A of
the Energy Employees Occupational Illness Compensation
Program Act of 2000 (as added by this Act);
(B) prepare and submit to the relevant committees
of Congress a report--
(i) summarizing the findings from the
reports required under subsection (f);
(ii) identifying the classes of employees
designated under subparagraph (A);
(iii) identifying any new illnesses that,
as a result of the study, will be included as
covered illnesses, pursuant to subsection
(f)(4) and section 3671(2)(D) of the Energy
Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7385s(2)(D));
and
(iv) including the Secretary's
recommendations for additional health studies
relating to toxic substances, if the Secretary
determines it necessary.
(2) Relevant committees of congress defined.--In this
subsection, the term ``relevant committees of Congress''
means--
(A) the Committee on Armed Services, Committee on
Appropriations, Committee on Energy and Natural
Resources, and Committee on Health, Education, Labor,
and Pensions of the Senate; and
(B) the Committee on Armed Services, Committee on
Appropriations, Committee on Energy and Commerce, and
Committee on Education and Labor of the House of
Representatives.
(h) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $3,000,000 for each of fiscal
years 2022 through 2026.
SEC. 6. NATIONAL ACADEMY OF SCIENCES REVIEW.
Subtitle A of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.), as amended
by section 4, is further amended by inserting after section 3614 the
following:
``SEC. 3615. NATIONAL ACADEMY OF SCIENCES REVIEW.
``(a) Purpose.--The purpose of this section is to enable the
National Academy of Sciences, a non-Federal entity with appropriate
expertise, to review and evaluate the available scientific evidence
regarding associations between diseases and exposure to toxic
substances found at Department of Energy cleanup sites.
``(b) Definitions.--In this section:
``(1) Department of energy cleanup site.--The term
`Department of Energy cleanup site' means a Department of
Energy facility where cleanup operations are being carried out,
or have been carried out, under the environmental management
program of the Department of Energy.
``(2) Health studies report.--The term `health studies
report' means the report submitted under section 5(f) of the
Toxic Exposure Safety Act of 2021.
``(c) Agreement.--Not later than 60 days after the issuance of the
health studies report, the Secretary of Health and Human Services shall
enter into an agreement with the National Academy of Sciences to carry
out the requirements of this section.
``(d) Review of Scientific and Medical Evidence.--
``(1) In general.--Under the agreement described in
subsection (c), the National Academy of Sciences shall, for the
period of the agreement--
``(A) for each area recommended for additional
study under the health studies report under section
5(f)(2) of the Toxic Exposure Safety Act of 2021,
review and summarize the scientific evidence relating
to the area, including--
``(i) studies by the Department of Energy
and Department of Labor; and
``(ii) any other available and relevant
scientific studies, to the extent that such
studies are relevant to the occupational
exposures that have occurred at Department of
Energy cleanup sites; and
``(B) review and summarize the scientific and
medical evidence concerning the association between
exposure to toxic substances found at Department of
Energy cleanup sites and resultant diseases.
``(2) Scientific determinations concerning diseases.--In
conducting each review of scientific evidence under
subparagraphs (A) and (B) of paragraph (1), the National
Academy of Sciences shall--
``(A) assess the strength of such evidence;
``(B) assess whether a statistical association
between exposure to a toxic substance and a disease
exists, taking into account the strength of the
scientific evidence and the appropriateness of the
statistical and epidemiological methods used to detect
an association;
``(C) assess the increased risk of disease among
those exposed to the toxic substance during service
during the production and cleanup eras of the
Department of Energy cleanup sites;
``(D) survey the impact to health of the toxic
substance, focusing on hematologic, renal, urologic,
hepatic, gastrointestinal, neurologic, dermatologic,
respiratory, endocrine, ocular, ear, nasal, and
oropharyngeal diseases, including dementia, leukemia,
chemical sensitivities, and chronic obstructive
pulmonary disease; and
``(E) determine whether a plausible biological
mechanism or other evidence of a causal relationship
exists between exposure to the toxic substance and
disease.
``(e) Additional Scientific Studies.--If the National Academy of
Sciences determines, in the course of conducting the studies under
subsection (d), that additional studies are needed to resolve areas of
continuing scientific uncertainty relating to toxic exposure at
Department of Energy cleanup sites, the National Academy of Sciences
shall include, in the next report submitted under subsection (f),
recommendations for areas of additional study, consisting of--
``(1) a list of diseases and toxins that require further
evaluation and study;
``(2) a review the current information available, as of the
date of the report, relating to such diseases and toxins;
``(3) the value of the information that would result from
the additional studies; and
``(4) the cost and feasibility of carrying out additional
studies.
``(f) Reports.--
``(1) In general.--By not later than 18 months after the
date of the agreement under subsection (c), and every 2 years
thereafter, the National Academy of Sciences shall prepare and
submit a report to--
``(A) the Secretary;
``(B) the Committee on Health, Education, Labor,
and Pensions and the Committee on Energy and Natural
Resources of the Senate; and
``(C) the Committee on Natural Resources, the
Committee on Education and Labor, and the Committee on
Energy and Commerce of the House of Representatives.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the 18-month or 2-year period covered by the
report--
``(A) a description of--
``(i) the reviews and studies conducted
under this section;
``(ii) the determinations and conclusions
of the National Academy of Sciences with
respect to such reviews and studies; and
``(iii) the scientific evidence and
reasoning that led to such conclusions;
``(B) the recommendations for further areas of
study made under subsection (e) for the reporting
period;
``(C) a description of any classes of employees
that, based on the results of the reviews and studies
and in accordance with the rules promulgated by the
Secretary under section 3671A(b), qualify for inclusion
in the Toxic Special Exposure Cohort under such section
3671A; and
``(D) the identification of any illness that the
National Academy of Sciences has determined, as a
result of the reviews and studies, should be a covered
illness under section 3671(2)(D).
``(g) Limitation on Authority.--The authority to enter into
agreements under this section shall be effective for a fiscal year to
the extent that appropriations are available.
``(h) Sunset.--This section shall cease to be effective 10 years
after the last day of the fiscal year in which the National Academy of
Sciences transmits to the Secretary the first report under subsection
(f).''.
SEC. 7. CONFORMING AMENDMENTS.
The Energy Employees Occupational Illness Compensation Program Act
of 2000 (42 U.S.C. 7384 et seq.) is amended--
(1) in the table of contents--
(A) by redesignating the item relating to section
3614 as the item relating to section 3616;
(B) by inserting after the item relating to section
3613 the following:
``Sec. 3614. Information and outreach.
``Sec. 3615. National Academy of Sciences review.'';
(C) by inserting after the item relating to section
3671 the following:
``Sec. 3671A. Establishment of the Toxic Special Exposure Cohort.'';
and
(D) by inserting after the item relating to section
3681 the following:
``Sec. 3681A. Completion and updates of site exposure matrices.'';
and
(2) in each of subsections (b)(1) and (c) of section 3612,
by striking ``3614(b)'' and inserting ``3616(b)''.
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