II 

116TH CONGRESS 

2D SESSION S. 4363 

To establish a presumption of occupational disease for certain employees 

at the Department of Energy’s Radioactive Waste Management Complex, 

to refine the definition of compensable illnesses, to establish a research 

program, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 29, 2020 

Mrs. MURRAY 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’s Radioactive Waste Management Complex, to refine the definition of compensable illnesses, to establish a research 

program, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Toxic Exposure Safety 

5 Act of 2020’’. 


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1 SEC. 2. ESTABLISHING A TOXIC SPECIAL EXPOSURE CO2 HORT. 

3 (a) EXPANSION OF COVERED EMPLOYEES AND DEFI4 NITION OF COVERED ILLNESSES UNDER SUBTITLE E.— 

5 Section 3671 of the Energy Employees Occupational Ill6 ness Compensation Program Act of 2000 (42 U.S.C. 

7 7385s) is amended— 

8 (1) in paragraph (1)— 

9 (A) by striking ‘‘employee determined 

10 under’’ and inserting the following: ‘‘employee 

11 determined— 

12 ‘‘(A) under’’; 

13 (B) by striking the period at the end and 

14 inserting ‘‘; or’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(B) to have contracted a covered illness 

17 and be a member of the Toxic Special Exposure 

18 Cohort established under section 3671A.’’; and 

19 (2) by striking paragraph (2) and inserting the 

20 following: 

21 ‘‘(2) The term ‘covered illness’ means an occu22 pational illness or death resulting from exposure to 

23 a toxic substance, including— 

24 ‘‘(A) all forms of cancer; 

25 ‘‘(B) mesothelioma; 


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1 ‘‘(C) pneumoconiosis, including silicosis, 

2 asbestosis, and other pneumoconiosis, and other 

3 asbestos-related diseases, including asbestos-re4 lated pleural disease; 

5 ‘‘(D) any illness identified in a health stud6 ies report under section 5(f)(4) of the Toxic Ex7 posure Safety Act of 2020 or a report under 

8 section 3615(f)(2)(D); and 

9 ‘‘(E) any additional illness that the Sec10 retary of Health and Human Services des11 ignates by regulation, as such Secretary deter12 mines appropriate based on— 

13 ‘‘(i) the results of the report under 

14 section 3671A(c); and 

15 ‘‘(ii) the determinations made by such 

16 Secretary in establishing a Toxic Special 

17 Exposure Cohort under section 3671A.’’. 

18 (b) DESIGNATION OF TOXIC SPECIAL EXPOSURE CO19 HORT.—Subtitle E of the Energy Employees Occupational 

20 Illness Compensation Program Act of 2000 (42 U.S.C. 

21 7385s et seq.) is amended by inserting after section 3671 

22 the following: 


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1 ‘‘SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPECIAL EX2 POSURE COHORT. 

3 ‘‘(a) CERTAIN DESIGNATIONS.—The Secretary of 

4 Health and Human Services, acting through the Director 

5 of the Centers for Disease Control and Prevention— 

6 ‘‘(1) shall establish a Toxic Special Exposure 

7 Cohort; and 

8 ‘‘(2) as the Secretary determines appropriate in 

9 accordance with the rules promulgated under sub10 section (b), may designate classes of Department of 

11 Energy employees, Department of Energy contractor 

12 employees, or atomic weapons employees as members 

13 of the Toxic Special Exposure Cohort. 

14 ‘‘(b) PROMULGATION OF RULES.—Not later than 1 

15 year after the date of enactment of the Toxic Exposure 

16 Safety Act of 2020, the Secretary of Health and Human 

17 Services shall promulgate rules— 

18 ‘‘(1) establishing a process to determine wheth19 er there are classes of Department of Energy em20 ployees, Department of Energy contractor employ21 ees, or other classes of employees employed at any 

22 Department of Energy facility— 

23 ‘‘(A) who were at least as likely as not ex24 posed to toxic substances at a Department of 

25 Energy facility; and 


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1 ‘‘(B) for whom the Secretary of Health 

2 and Human Services has determined, after tak3 ing into consideration the recommendations of 

4 the Advisory Board on Toxic Substances and 

5 Worker Health on the matter, that it is not fea6 sible to estimate with sufficient accuracy the 

7 dose they received; and 

8 ‘‘(2) regarding how the Secretary of Health and 

9 Human Services will designate employees, or classes 

10 of employees, described in paragraph (1) as mem11 bers of the Toxic Special Exposure Cohort estab12 lished under subsection (a)(1), which shall include a 

13 requirement that the Secretary shall make initial de14 terminations regarding such designations. 

15 ‘‘(c) REPORT TO CONGRESS.— 

16 ‘‘(1) IN GENERAL.—Not later than 180 days 

17 after the date of enactment of the Toxic Exposure 

18 Safety Act of 2020, the Secretary of Health and 

19 Human Services shall submit to the relevant com20 mittees of Congress a report that identifies each of 

21 the following: 

22 ‘‘(A) A list of cancers and other illnesses 

23 associated with toxic substances that pose, or 

24 posed, a hazard in the work environment at any 

25 Department of Energy facility. 


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1 ‘‘(B) The minimum duration of work re2 quired to qualify for the Toxic Special Exposure 

3 Cohort established under subsection (a)(1). 

4 ‘‘(C) The class of employees that are des5 ignated as members in the Toxic Special Expo6 sure Cohort. 

7 ‘‘(2) RELEVANT COMMITTEES OF CONGRESS

8 DEFINED.—In this subsection, the term ‘relevant 

9 committees of Congress’ means— 

10 ‘‘(A) the Committee on Armed Services, 

11 Committee on Appropriations, Committee on 

12 Energy and Natural Resources, and the Com13 mittee on Health, Education, Labor, and Pen14 sions of the Senate; and 

15 ‘‘(B) the Committee on Armed Services, 

16 Committee on Appropriations, Committee on 

17 Energy and Commerce, and the Committee on 

18 Education and Labor of the House of Rep19 resentatives.’’. 

20 (c) ALLOWING SUBTITLE B CLAIMS FOR ELIGIBLE

21 EMPLOYEES WHO ARE MEMBERS OF THE TOXIC SPECIAL

22 EXPOSURE COHORT.—Section 3621(1) of the Energy 

23 Employees Occupational Illness Compensation Program 

24 Act of 2000 (42 U.S.C. 7384l(1)) is amended by adding 

25 at the end the following: 


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1 ‘‘(D) A Department of Energy employee or 

2 atomic weapons employee who— 

3 ‘‘(i) has contracted a covered illness 

4 (as defined in section 3671); and 

5 ‘‘(ii) satisfies the requirements estab6 lished by the Secretary of Health and 

7 Human Services for the Toxic Special Ex8 posure Cohort under section 3671A.’’. 

9 (d) CLARIFICATION OF TOXIC SUBSTANCE EXPO10 SURE FOR COVERED ILLNESSES.—Section 3675(c)(1) of 

11 the Energy Employees Occupational Illness Compensation 

12 Program Act of 2000 (42 U.S.C. 7385s–4(c)(1)) is 

13 amended by inserting ‘‘(including chemicals or combina14 tions or mixtures of a toxic substance, including heavy 

15 metals, and radiation)’’ after ‘‘toxic substance’’ each place 

16 such term appears. 

17 SEC. 3. PROVIDING INFORMATION REGARDING DEPART18 MENT OF ENERGY FACILITIES. 

19 Subtitle E of the Energy Employees Occupational Ill20 ness Compensation Program Act of 2000 (42 U.S.C. 

21 7385s et seq.) is amended by inserting after section 3681 

22 the following: 


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1 ‘‘SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPO2 SURE MATRICES. 

3 ‘‘(a) DEFINITION.—In this section, the term ‘site ex4 posure matrices’ means an exposure assessment of a De5 partment of Energy facility that identifies— 

6 ‘‘(1) the toxic substances or processes that were 

7 commonly used in each building or process of the fa8 cility, including the trade name (if any) of the sub9 stance; and 

10 ‘‘(2) the time frame during which the potential 

11 for exposure to toxic substances existed at such fa12 cility. 

13 ‘‘(b) IN GENERAL.—Not later than 180 days after 

14 the date of enactment of the Toxic Exposure Safety Act 

15 of 2020, the Secretary of Labor shall, in coordination with 

16 the Secretary of Energy, create or update site exposure 

17 matrices for each Department of Energy facility based on 

18 the records, files, and other data provided by the Secretary 

19 of Energy and such other information as is available, in20 cluding information available from the former worker 

21 medical screening programs of the Department of Energy. 

22 ‘‘(c) PERIODIC UPDATE.—Beginning 90 days after 

23 the initial creation or update described in subsection (b), 

24 and each 90 days thereafter, the Secretary shall update 

25 the site exposure matrices with all information available 

26 as of such time from the Secretary of Energy. 


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1 ‘‘(d) INFORMATION.—The Secretary of Energy shall 

2 furnish to the Secretary of Labor any information that 

3 the Secretary of Labor finds necessary or useful for the 

4 production of the site exposure matrices under this sec5 tion, including records from the Department of Energy 

6 former worker medical screening program. 

7 ‘‘(e) PUBLIC AVAILABILITY.—The Secretary of Labor 

8 shall make available to the public, on the primary website 

9 of the Department of Labor— 

10 ‘‘(1) the site exposure matrices, as periodically 

11 updated under subsections (b) and (c); 

12 ‘‘(2) each site profile prepared under section 

13 3633(a); 

14 ‘‘(3) any other database used by the Secretary 

15 of Labor to evaluate claims for compensation under 

16 this Act; and 

17 ‘‘(4) statistical data, in the aggregate and 

18 disaggregated by each Department of Energy facil19 ity, regarding— 

20 ‘‘(A) the number of claims filed under this 

21 subtitle and the number of claims filed by mem22 bers of the Toxic Special Exposure Cohort who 

23 are covered under subtitle B; 

24 ‘‘(B) the illnesses claimed; 


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1 ‘‘(C) the number of claims filed for each 

2 illness and, for each claim, whether the claim 

3 was approved or denied; 

4 ‘‘(D) the number of claimants receiving 

5 compensation; and 

6 ‘‘(E) the length of time required to process 

7 each claim, as measured from the date on which 

8 the claim is filed to the final disposition of the 

9 claim. 

10 ‘‘(f) FUNDING.—There is authorized and hereby ap11 propriated to the Secretary of Energy, for fiscal year 2021 

12 and each succeeding year, such sums as may be necessary 

13 to support the Secretary of Labor in creating or updating 

14 the site exposure matrices.’’. 

15 SEC. 4. ASSISTING CURRENT AND FORMER EMPLOYEES 

16 UNDER THE EEOICPA. 

17 (a) PROVIDING INFORMATION AND OUTREACH.— 

18 Subtitle A of the Energy Employees Occupational Illness 

19 Compensation Program Act of 2000 (42 U.S.C. 7384d et 

20 seq.) is amended— 

21 (1) by redesignating section 3614 as section 

22 3616; and 

23 (2) by inserting after section 3613 the fol24 lowing: 


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1 ‘‘SEC. 3614. INFORMATION AND OUTREACH. 

2 ‘‘(a) ESTABLISHMENT OF TOLL-FREE INFORMATION

3 PHONE NUMBER.—By not later than January 1, 2022, 

4 the Secretary of Labor shall establish a toll-free phone 

5 number that current or former employees of the Depart6 ment of Energy, or current or former Department of En7 ergy contractor employees, may use in order to receive in8 formation regarding— 

9 ‘‘(1) the compensation program under subtitle 

10 B or E; 

11 ‘‘(2) information regarding the process of sub12 mitting a claim under either compensation program; 

13 ‘‘(3) assistance in completing the occupational 

14 health questionnaire required as part of a claim 

15 under subtitle B or E; 

16 ‘‘(4) the next steps to take if a claim under 

17 subtitle B or E is accepted or denied; and 

18 ‘‘(5) such other information as the Secretary 

19 determines necessary to further the purposes of this 

20 title. 

21 ‘‘(b) ESTABLISHMENT OF RESOURCE AND ADVOCACY

22 CENTERS.— 

23 ‘‘(1) IN GENERAL.—By not later than January 

24 1, 2022, the Secretary of Energy, in coordination 

25 with the Secretary of Labor, shall establish a re26 source and advocacy center at each Department of 


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1 Energy facility where cleanup operations are being 

2 carried out, or have been carried out, under the en3 vironmental management program of the Depart4 ment of Energy. Each such resource and advocacy 

5 center shall assist current or former Department of 

6 Energy employees and current or former Depart7 ment of Energy contractor employees, by enabling 

8 the employees and contractor employees to— 

9 ‘‘(A) receive information regarding all re10 lated programs available to them relating to po11 tential claims under this title, including— 

12 ‘‘(i) programs under subtitles B and 

13 E; and 

14 ‘‘(ii) the former worker medical 

15 screening program of the Department of 

16 Energy; and 

17 ‘‘(B) navigate all such related programs. 

18 ‘‘(2) COORDINATION.—The Secretary of Energy 

19 shall integrate other programs available to current 

20 and former employees, and current or former De21 partment of Energy contractor employees, which are 

22 related to the purposes of this title, with the re23 source and advocacy centers established under para24 graph (1), as appropriate. 


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1 ‘‘(c) INFORMATION.—The Secretary of Labor shall 

2 develop and distribute, through the resource and advocacy 

3 centers established under subsection (b) and other means, 

4 information (which may include responses to frequently 

5 asked questions) for current or former employees or cur6 rent or former Department of Energy contractor employ7 ees about the programs under subtitles B and E and the 

8 claims process under such programs. 

9 ‘‘(d) COPY OF EMPLOYEE’S CLAIMS RECORDS.— 

10 ‘‘(1) IN GENERAL.—The Secretary of Labor 

11 shall, upon the request of a current or former em12 ployee or Department of Energy contractor em13 ployee, provide the employee with a complete copy of 

14 all records or other materials held by the Depart15 ment of Labor relating to the employee’s claim 

16 under subtitle B or E. 

17 ‘‘(2) CHOICE OF FORMAT.—The Secretary of 

18 Labor shall provide the copy of records described in 

19 paragraph (1) to an employee in electronic or paper 

20 form, as selected by the employee. 

21 ‘‘(e) CONTACT OF EMPLOYEES BY INDUSTRIAL HY22 GIENISTS.—The Secretary of Labor shall allow industrial 

23 hygienists to contact current or former employees or De24 partment of Energy contractor employees regarding the 

25 employee’s claim under subtitle B or E.’’. 


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1 (b) EXTENDING APPEAL PERIOD.—Section 3677(a) 

2 of the Energy Employees Occupational Illness Compensa3 tion Program Act of 2000 (42 U.S.C. 7385s–6(a)) is 

4 amended by striking ‘‘60 days’’ and inserting ‘‘180 days’’. 

5 (c) FUNDING.—Section 3684 of the Energy Employ6 ees Occupational Illness Compensation Program Act of 

7 2000 (42 U.S.C. 7385s–13) is amended— 

8 (1) by striking ‘‘There is authorized’’ and in9 serting the following: 

10 ‘‘(a) IN GENERAL.—There is authorized’’; 

11 (2) by inserting before the period at the end the 

12 following: ‘‘, including the amounts necessary to 

13 carry out the requirements of section 3681A’’; and 

14 (3) by adding at the end the following: 

15 ‘‘(b) ADMINISTRATIVE COSTS FOR DEPARTMENT OF

16 ENERGY.—There is authorized and hereby appropriated 

17 to the Secretary of Energy for fiscal year 2021 and each 

18 succeeding year such sums as may be necessary to support 

19 the Secretary in carrying out the requirements of this title, 

20 including section 3681A.’’. 

21 (d) EXTENDING THE AUTHORIZATION OF THE

22 EEOICPA OMBUDSMAN.—Section 3686(h) of the Energy 

23 Employees Occupational Illness Compensation Program 

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1 ing ‘‘October 28, 2019’’ and inserting ‘‘October 28, 

2 2024’’. 

3 (e) ADVISORY BOARD ON TOXIC SUBSTANCES AND

4 WORKER HEALTH.—Section 3687 of the Energy Employ5 ees Occupational Illness Compensation Program Act of 

6 2000 (42 U.S.C. 7385s–16) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (1)(F), by striking ‘‘and’’ 

9 after the semicolon; 

10 (B) in paragraph (2), by striking the pe11 riod at the end and inserting a semicolon; and 

12 (C) by adding at the end the following: 

13 ‘‘(3) develop recommendations for the Secretary 

14 of Health and Human Services regarding— 

15 ‘‘(A) whether there is a class of Depart16 ment of Energy employees, Department of En17 ergy contractor employees, or other employees 

18 at any Department of Energy facility who were 

19 at least as likely as not exposed to toxic sub20 stances at that facility but for whom it is not 

21 feasible to estimate with sufficient accuracy the 

22 dose they received; and 

23 ‘‘(B) the conditions or requirements that 

24 should be met in order for an individual to be 


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1 designated as a member of the Special Expo2 sure Cohort under section 3671A; and 

3 ‘‘(4) review all existing, as of the date of the re4 view, rules and guidelines issued by the Secretary re5 garding presumption of causation and provide the 

6 Secretary with recommendations for new rules and 

7 guidelines regarding presumption of causation.’’; 

8 (2) in subsection (c)(3), by inserting ‘‘or the 

9 Board’’ after ‘‘The Secretary’’; 

10 (3) by redesignating subsections (h) and (i) as 

11 subsections (i) and (j), respectively; and 

12 (4) by inserting after subsection (g) the fol13 lowing: 

14 ‘‘(h) REQUIRED RESPONSES TO BOARD REC15 OMMENDATIONS.—Not later than 90 days after the date 

16 on which the Secretary of Labor and the Secretary of 

17 Health and Human Services receives recommendations in 

18 accordance with paragraph (1), (3), or (4) of subsection 

19 (b), such Secretary shall submit formal responses to each 

20 recommendation to the Board and Congress.’’. 

21 SEC. 5. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IM22 PACTS OF TOXIC EXPOSURES. 

23 (a) DEFINITIONS.—In this section— 

24 (1) the term ‘‘Department of Energy facility’’ 

25 has the meaning given the term in section 3621 of 


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1 the Energy Employees Occupational Illness Com2 pensation Program Act of 2000 (42 U.S.C. 7384l); 

3 (2) the term ‘‘institution of higher education’’ 

4 has the meaning given such term in section 101 of 

5 the Higher Education Act of 1965 (20 U.S.C. 

6 1001); and 

7 (3) the term ‘‘Secretary’’ means the Secretary 

8 of Health and Human Services. 

9 (b) ESTABLISHMENT.—The Secretary, acting 

10 through the Director of the National Institute of Environ11 mental Health Sciences and in collaboration with the Di12 rector of the Centers for Disease Control and Prevention, 

13 shall conduct or support research on the epidemiological 

14 impacts of exposures to toxic substances at Department 

15 of Energy facilities. 

16 (c) USE OF FUNDS.—Research under subsection (b) 

17 may include research on the epidemiological, clinical, or 

18 health impacts on individuals who were exposed to toxic 

19 substances in or near the tank farms and other relevant 

20 Department of Energy facilities through their work at 

21 such sites. 

22 (d) ELIGIBILITY AND APPLICATION.—Any institution 

23 of higher education or the National Academy of Sciences 

24 may apply for funding under this section by submitting 

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1 ner, and containing or accompanied by such information 

2 as the Secretary may require. 

3 (e) RESEARCH COORDINATION.—The Secretary shall 

4 coordinate activities under this section with similar activi5 ties conducted by the Department of Health and Human 

6 Services to the extent that other agencies have responsibil7 ities that are related to the study of epidemiological, clin8 ical, or health impacts of exposures to toxic substances. 

9 (f) HEALTH STUDIES REPORT TO SECRETARY.—Not 

10 later than 1 year after the end of the funding period for 

11 research under this section, the funding recipient shall 

12 prepare and submit to the Secretary a final report that— 

13 (1) summarizes the findings of the research; 

14 (2) includes recommendations for any addi15 tional studies; 

16 (3) describes any classes of employees that, 

17 based on the results of the study and in accordance 

18 with the rules promulgated by the Secretary under 

19 section 3671A(b) of the Energy Employees Occupa20 tional Illness Compensation Program Act of 2000 

21 (as added by this Act), qualify for inclusion in the 

22 Toxic Special Exposure Cohort under such section 

23 3671A; and 

24 (4) describes any illnesses to be included as cov25 ered illnesses under section 3671(2)(D) of the EnVerDate Sep 11 2014 18:56 Aug 12, 2020 Jkt 099200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S4363.IS S4363

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1 ergy Employees Occupational Illness Compensation 

2 Program Act of 2000 (42 U.S.C. 7385s(2)(D)). 

3 (g) REPORT TO CONGRESS.— 

4 (1) IN GENERAL.—Not later than 120 days 

5 after the date on which the reports under subsection 

6 (f) are due, the Secretary shall— 

7 (A) designate all classes of employees de8 scribed in the report under subsection (f)(3) as 

9 members of the Toxic Special Exposure Cohort 

10 under section 3671A of the Energy Employees 

11 Occupational Illness Compensation Program 

12 Act of 2000 (as added by this Act); and 

13 (B) prepare and submit to the relevant 

14 committees of Congress a report— 

15 (i) summarizing the findings from the 

16 reports required under subsection (f); 

17 (ii) identifying the classes of employ18 ees designated under subparagraph (A); 

19 (iii) identifying any new illnesses that, 

20 as a result of the study, will be included as 

21 covered illnesses, pursuant to subsection 

22 (f)(4) and section 3671(2)(D) of the En23 ergy Employees Occupational Illness Com24 pensation Program Act of 2000 (42 U.S.C. 

25 7385s(2)(D)); and 


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1 (iv) including the Secretary’s rec2 ommendations for additional health studies 

3 relating to toxic substances, if the Sec4 retary determines it necessary. 

5 (2) RELEVANT COMMITTEES OF CONGRESS DE6 FINED.—In this subsection, the term ‘‘relevant com7 mittees of Congress’’ means— 

8 (A) the Committee on Armed Services, 

9 Committee on Appropriations, Committee on 

10 Energy and Natural Resources, and the Com11 mittee on Health, Education, Labor, and Pen12 sions of the Senate; and 

13 (B) the Committee on Armed Services, 

14 Committee on Appropriations, Committee on 

15 Energy and Commerce, and the Committee on 

16 Education and Labor of the House of Rep17 resentatives. 

18 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

19 are authorized to be appropriated to carry out this section 

20 $3,000,000 for each of fiscal years 2021 through 2025. 

21 SEC. 6. NATIONAL ACADEMY OF SCIENCES REVIEW. 

22 Subtitle A of the Energy Employees Occupational Ill23 ness Compensation Program Act of 2000 (42 U.S.C. 

24 7384d et seq.), as amended by section 4, is further amend25 ed by inserting after section 3614 the following: 


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1 ‘‘SEC. 3615. NATIONAL ACADEMY OF SCIENCES REVIEW. 

2 ‘‘(a) PURPOSE.—The purpose of this section is to en3 able the National Academy of Sciences, a non-Federal en4 tity with appropriate expertise, to review and evaluate the 

5 available scientific evidence regarding associations be6 tween diseases and exposure to toxic substances found at 

7 Department of Energy cleanup sites. 

8 ‘‘(b) DEFINITIONS.—In this section: 

9 ‘‘(1) DEPARTMENT OF ENERGY CLEANUP

10 SITE.—The term ‘Department of Energy cleanup 

11 site’ means a Department of Energy facility where 

12 cleanup operations are being carried out, or have 

13 been carried out, under the environmental manage14 ment program of the Department of Energy. 

15 ‘‘(2) HEALTH STUDIES REPORT.—The term 

16 ‘health studies report’ means the report submitted 

17 under section 5(f) of the Toxic Exposure Safety Act 

18 of 2020. 

19 ‘‘(c) AGREEMENT.—Not later than 60 days after the 

20 issuance of the health studies report, the Secretary of 

21 Health and Human Services shall enter into an agreement 

22 with the National Academy of Sciences to carry out the 

23 requirements of this section. 

24 ‘‘(d) REVIEW OF SCIENTIFIC AND MEDICAL EVI25 DENCE.— 


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1 ‘‘(1) IN GENERAL.—Under the agreement de2 scribed in subsection (c), the National Academy of 

3 Sciences shall, for the period of the agreement— 

4 ‘‘(A) for each area recommended for addi5 tional study under the health studies report 

6 under section 5(f)(2) of the Toxic Exposure 

7 Safety Act of 2020, review and summarize the 

8 scientific evidence relating to the area, includ9 ing— 

10 ‘‘(i) studies by the Department of En11 ergy and Department of Labor; and 

12 ‘‘(ii) any other available and relevant 

13 scientific studies, to the extent that such 

14 studies are relevant to the occupational ex15 posures that have occurred at Department 

16 of Energy cleanup sites; and 

17 ‘‘(B) review and summarize the scientific 

18 and medical evidence concerning the association 

19 between exposure to toxic substances found at 

20 Department of Energy cleanup sites and result21 ant diseases. 

22 ‘‘(2) SCIENTIFIC DETERMINATIONS CON23 CERNING DISEASES.—In conducting each review of 

24 scientific evidence under subparagraphs (A) and (B) 


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1 of paragraph (1), the National Academy of Sciences 

2 shall— 

3 ‘‘(A) assess the strength of such evidence; 

4 ‘‘(B) assess whether a statistical associa5 tion between exposure to a toxic substance and 

6 a disease exists, taking into account the 

7 strength of the scientific evidence and the ap8 propriateness of the statistical and epidemiolog9 ical methods used to detect an association; 

10 ‘‘(C) assess the increased risk of disease 

11 among those exposed to the toxic substance 

12 during service during the production and clean13 up eras of the Department of Energy cleanup 

14 sites; 

15 ‘‘(D) survey the impact to health of the 

16 toxic substance, focusing on renal, liver, neuro17 logical, skin, respiratory, ear, nose, eye, and 

18 throat diseases, including dementia, chemical 

19 sensitivities, and emphysema; and 

20 ‘‘(E) determine whether a plausible biologi21 cal mechanism or other evidence of a causal re22 lationship exists between exposure to the toxic 

23 substance and disease. 

24 ‘‘(e) ADDITIONAL SCIENTIFIC STUDIES.—If the Na25 tional Academy of Sciences determines, in the course of 


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1 conducting the studies under subsection (d), that addi2 tional studies are needed to resolve areas of continuing 

3 scientific uncertainty relating to toxic exposure at Depart4 ment of Energy cleanup sites, the National Academy of 

5 Sciences shall include, in the next report submitted under 

6 subsection (f), recommendations for areas of additional 

7 study, consisting of— 

8 ‘‘(1) a list of diseases and toxins that require 

9 further evaluation and study; 

10 ‘‘(2) a review the current information available, 

11 as of the date of the report, relating to such diseases 

12 and toxins; 

13 ‘‘(3) the value of the information that would re14 sult from the additional studies; and 

15 ‘‘(4) the cost and feasibility of carrying out ad16 ditional studies. 

17 ‘‘(f) REPORTS.— 

18 ‘‘(1) IN GENERAL.—By not later than 18 

19 months after the date of the agreement under sub20 section (c), and every 2 years thereafter, the Na21 tional Academy of Sciences shall prepare and submit 

22 a report to— 

23 ‘‘(A) the Secretary; 


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1 ‘‘(B) the Committee on Health, Education, 

2 Labor, and Pensions and the Committee on En3 ergy and Natural Resources of the Senate; and 

4 ‘‘(C) the Committee on Natural Resources, 

5 the Committee on Education and Labor, and 

6 the Committee on Energy and Commerce of the 

7 House of Representatives. 

8 ‘‘(2) CONTENTS.—Each report submitted under 

9 paragraph (1) shall include, for the 18-month or 2- 

10 year period covered by the report— 

11 ‘‘(A) a description of— 

12 ‘‘(i) the reviews and studies conducted 

13 under this section; 

14 ‘‘(ii) the determinations and conclu15 sions of the National Academy of Sciences 

16 with respect to such reviews and studies; 

17 and 

18 ‘‘(iii) the scientific evidence and rea19 soning that led to such conclusions; 

20 ‘‘(B) the recommendations for further 

21 areas of study made under subsection (e) for 

22 the reporting period; 

23 ‘‘(C) a description of any classes of em24 ployees that, based on the results of the reviews 

25 and studies and in accordance with the rules 


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1 promulgated by the Secretary under section 

2 3671A(b), qualify for inclusion in the Toxic 

3 Special Exposure Cohort under such section 

4 3671A; and 

5 ‘‘(D) the identification of any illness that 

6 the National Academy of Sciences has deter7 mined, as a result of the reviews and studies, 

8 should be a covered illness under section 

9 3671(2)(D). 

10 ‘‘(g) LIMITATION ON AUTHORITY.—The authority to 

11 enter into agreements under this section shall be effective 

12 for a fiscal year to the extent that appropriations are 

13 available. 

14 ‘‘(h) SUNSET.—This section shall cease to be effec15 tive 10 years after the last day of the fiscal year in which 

16 the National Academy of Sciences transmits to the Sec17 retary the first report under subsection (f).’’. 

18 SEC. 7. CONFORMING AMENDMENTS. 

19 The Energy Employees Occupational Illness Com20 pensation Program Act of 2000 (42 U.S.C. 7384 et seq.) 

21 is amended— 

22 (1) in the table of contents— 

23 (A) by redesignating the item relating to 

24 section 3614 as the item relating to section 

25 3616; 


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1 (B) by inserting after the item relating to 

2 section 3613 the following: 

‘‘Sec. 3614. Information and outreach. 

‘‘Sec. 3615. National Academy of Sciences review.’’; 

3 (C) by inserting after the item relating to 

4 section 3671 the following: 

‘‘Sec. 3671A. Establishment of the Toxic Special Exposure Cohort.’’; 

5 and 

6 (D) by inserting after the item relating to 

7 section 3681 the following: 

‘‘Sec. 3681A. Completion and updates of site exposure matrices.’’; 

8 and 

9 (2) in each of subsections (b)(1) and (c) of sec10 tion 3612, by striking ‘‘3614(b)’’ and inserting 

11 ‘‘3616(b)’’. 

Æ 


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