I 

117TH CONGRESS 

1ST SESSION H. R. 2257 

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 HOUSE OF REPRESENTATIVES 

MARCH 26, 2021 

Mr. SMITH of Washington introduced the following bill; which was referred to 

the Committee on the Judiciary, and in addition to the Committees on 

Education and Labor, and Energy and Commerce, 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 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. 

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 2021’’. 


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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) malignant 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 2021 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 2021, 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 frequency, intensity, and duration of exposure 

8 they received; and 

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

10 Human Services will designate employees, or classes 

11 of employees, described in paragraph (1) as mem12 bers of the Toxic Special Exposure Cohort estab13 lished under subsection (a)(1), which shall include a 

14 requirement that the Secretary shall make initial de15 terminations regarding such designations. 

16 ‘‘(c) REPORT TO CONGRESS.— 

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

18 after the date of enactment of the Toxic Exposure 

19 Safety Act of 2021, the Secretary of Health and 

20 Human Services shall submit to the relevant com21 mittees of Congress a report that identifies each of 

22 the following: 

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

24 associated with toxic substances that pose, or 


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1 posed, a hazard in the work environment at any 

2 Department of Energy facility. 

3 ‘‘(B) The minimum duration of work re4 quired to qualify for the Toxic Special Exposure 

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

6 ‘‘(C) The class of employees that are des7 ignated as members in the Toxic Special Expo8 sure Cohort. 

9 ‘‘(2) RELEVANT COMMITTEES OF CONGRESS

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

11 committees of Congress’ means— 

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

13 Committee on Appropriations, Committee on 

14 Energy and Natural Resources, and the Com15 mittee on Health, Education, Labor, and Pen16 sions of the Senate; and 

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

18 Committee on Appropriations, Committee on 

19 Energy and Commerce, and the Committee on 

20 Education and Labor of the House of Rep21 resentatives.’’. 

22 (c) ALLOWING SUBTITLE B CLAIMS FOR ELIGIBLE

23 EMPLOYEES WHO ARE MEMBERS OF THE TOXIC SPECIAL

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

25 Employees Occupational Illness Compensation Program 


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

2 at the end the following: 

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

4 atomic weapons employee who— 

5 ‘‘(i) has contracted a covered illness 

6 (as defined in section 3671); and 

7 ‘‘(ii) satisfies the requirements estab8 lished by the Secretary of Health and 

9 Human Services for the Toxic Special Ex10 posure Cohort under section 3671A.’’. 

11 (d) CLARIFICATION OF TOXIC SUBSTANCE EXPO12 SURE FOR COVERED ILLNESSES.—Section 3675(c)(1) of 

13 the Energy Employees Occupational Illness Compensation 

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

15 amended by inserting ‘‘(including chemicals or combina16 tions or mixtures of a toxic substance, including heavy 

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

18 such term appears. 

19 SEC. 3. PROVIDING INFORMATION REGARDING DEPART20 MENT OF ENERGY FACILITIES. 

21 Subtitle E of the Energy Employees Occupational Ill22 ness Compensation Program Act of 2000 (42 U.S.C. 

23 7385s et seq.) is amended by inserting after section 3681 

24 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 the toxic sub6 stances or processes that were used in each building or 

7 process of the facility, including the trade name (if any) 

8 of the substance. 

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

10 the date of enactment of the Toxic Exposure Safety Act 

11 of 2021, the Secretary of Labor shall, in coordination with 

12 the Secretary of Energy, create or update site exposure 

13 matrices for each Department of Energy facility based on 

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

15 of Energy and such other information as is available, in16 cluding information available from the former worker 

17 medical screening programs of the Department of Energy. 

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

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

20 and each 90 days thereafter, the Secretary shall update 

21 the site exposure matrices with all information available 

22 as of such time from the Secretary of Energy. 

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

24 furnish to the Secretary of Labor any information that 

25 the Secretary of Labor finds necessary or useful for the 

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1 tion, including records from the Department of Energy 

2 former worker medical screening program. 

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

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

5 of the Department of Labor— 

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

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

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

9 3633(a); 

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

11 of Labor to evaluate claims for compensation under 

12 this title; and 

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

14 disaggregated by each Department of Energy facil15 ity, regarding— 

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

17 subtitle and the number of claims filed by mem18 bers of the Toxic Special Exposure Cohort who 

19 are covered under subtitle B; 

20 ‘‘(B) the types of illnesses claimed; 

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

22 type of illness and, for each claim, whether the 

23 claim was approved or denied; 

24 ‘‘(D) the number of claimants receiving 

25 compensation; and 


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

2 each claim, as measured from the date on which 

3 the claim is filed to the final disposition of the 

4 claim. 

5 ‘‘(f) FUNDING.—There is authorized and hereby ap6 propriated to the Secretary of Energy, for fiscal year 2021 

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

8 to support the Secretary of Labor in creating or updating 

9 the site exposure matrices.’’. 

10 SEC. 4. ASSISTING CURRENT AND FORMER EMPLOYEES 

11 UNDER THE EEOICPA. 

12 (a) PROVIDING INFORMATION AND OUTREACH.— 

13 Subtitle A of the Energy Employees Occupational Illness 

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

15 seq.) is amended— 

16 (1) by redesignating section 3614 as section 

17 3616; and 

18 (2) by inserting after section 3613 the fol19 lowing: 

20 ‘‘SEC. 3614. INFORMATION AND OUTREACH. 

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

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

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

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1 ergy contractor employees, may use in order to receive in2 formation regarding— 

3 ‘‘(1) the compensation program under subtitle 

4 B or E; 

5 ‘‘(2) information regarding the process of sub6 mitting a claim under either compensation program; 

7 ‘‘(3) assistance in completing the occupational 

8 health questionnaire required as part of a claim 

9 under subtitle B or E; 

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

11 subtitle B or E is accepted or denied; and 

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

13 determines necessary to further the purposes of this 

14 title. 

15 ‘‘(b) ESTABLISHMENT OF RESOURCE AND ADVOCACY

16 CENTERS.— 

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

18 1, 2023, the Secretary of Energy, in coordination 

19 with the Secretary of Labor, shall establish a re20 source and advocacy center at each Department of 

21 Energy facility where cleanup operations are being 

22 carried out, or have been carried out, under the en23 vironmental management program of the Depart24 ment of Energy. Each such resource and advocacy 

25 center shall assist current or former Department of 


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1 Energy employees and current or former Depart2 ment of Energy contractor employees, by enabling 

3 the employees and contractor employees to— 

4 ‘‘(A) receive information regarding all re5 lated programs available to them relating to po6 tential claims under this title, including— 

7 ‘‘(i) programs under subtitles B and 

8 E; and 

9 ‘‘(ii) the former worker medical 

10 screening program of the Department of 

11 Energy; and 

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

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

14 shall integrate other programs available to current 

15 and former employees, and current or former De16 partment of Energy contractor employees, which are 

17 related to the purposes of this title, with the re18 source and advocacy centers established under para19 graph (1), as appropriate. 

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

21 develop and distribute, through the resource and advocacy 

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

23 information (which may include responses to frequently 

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1 ees about the programs under subtitles B and E and the 

2 claims process under such programs. 

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

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

5 shall, upon the request of a current or former em6 ployee or Department of Energy contractor em7 ployee, provide the employee with a complete copy of 

8 all records or other materials held by the Depart9 ment of Labor relating to the employee’s claim 

10 under subtitle B or E. 

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

12 Labor shall provide the copy of records described in 

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

14 form, as selected by the employee. 

15 ‘‘(e) CONTACT OF EMPLOYEES BY INDUSTRIAL HY16 GIENISTS.—The Secretary of Labor shall allow industrial 

17 hygienists to contact and interview current or former em18 ployees or Department of Energy contractor employees re19 garding the employee’s claim under subtitle B or E.’’. 

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

21 of the Energy Employees Occupational Illness Compensa22 tion Program Act of 2000 (42 U.S.C. 7385s–6(a)) is 

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


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1 (c) FUNDING.—Section 3684 of the Energy Employ2 ees Occupational Illness Compensation Program Act of 

3 2000 (42 U.S.C. 7385s–13) is amended— 

4 (1) by striking ‘‘There is authorized’’ and in5 serting the following: 

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

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

8 following: ‘‘, including the amounts necessary to 

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

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

11 ‘‘(b) ADMINISTRATIVE COSTS FOR DEPARTMENT OF

12 ENERGY.—There is authorized and hereby appropriated 

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

14 succeeding year such sums as may be necessary to support 

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

16 including section 3681A.’’. 

17 (d) ADVISORY BOARD ON TOXIC SUBSTANCES AND

18 WORKER HEALTH.—Section 3687 of the Energy Employ19 ees Occupational Illness Compensation Program Act of 

20 2000 (42 U.S.C. 7385s–16) is amended— 

21 (1) in subsection (b)— 

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

23 after the semicolon; 

24 (B) in paragraph (2), by striking the pe25 riod at the end and inserting a semicolon; and 


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

2 ‘‘(3) develop recommendations for the Secretary 

3 of Health and Human Services regarding— 

4 ‘‘(A) whether there is a class of Depart5 ment of Energy employees, Department of En6 ergy contractor employees, or other employees 

7 at any Department of Energy facility who were 

8 at least as likely as not exposed to toxic sub9 stances at that facility but for whom it is not 

10 feasible to estimate with sufficient accuracy the 

11 dose they received; and 

12 ‘‘(B) the conditions or requirements that 

13 should be met in order for an individual to be 

14 designated as a member of the Special Expo15 sure Cohort under section 3671A; and 

16 ‘‘(4) review all existing, as of the date of the re17 view, rules and guidelines issued by the Secretary re18 garding presumption of causation and provide the 

19 Secretary with recommendations for new rules and 

20 guidelines regarding presumption of causation.’’; 

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

22 Board’’ after ‘‘The Secretary’’; 

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

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


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1 (4) by inserting after subsection (g) the fol2 lowing: 

3 ‘‘(h) REQUIRED RESPONSES TO BOARD REC4 OMMENDATIONS.—Not later than 90 days after the date 

5 on which the Secretary of Labor and the Secretary of 

6 Health and Human Services receives recommendations in 

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

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

9 recommendation to the Board and Congress.’’. 

10 SEC. 5. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IM11 PACTS OF TOXIC EXPOSURES. 

12 (a) DEFINITIONS.—In this section— 

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

14 has the meaning given the term in section 3621 of 

15 the Energy Employees Occupational Illness Com16 pensation Program Act of 2000 (42 U.S.C. 7384l); 

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

18 has the meaning given such term in section 101 of 

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

20 1001); and 

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

22 of Health and Human Services. 

23 (b) ESTABLISHMENT.—The Secretary, acting 

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1 rector of the Centers for Disease Control and Prevention, 

2 shall conduct or support research on the epidemiological 

3 impacts of exposures to toxic substances at Department 

4 of Energy facilities. 

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

6 may include research on the epidemiological, clinical, or 

7 health impacts on individuals who were exposed to toxic 

8 substances in or near the tank or other storage farms and 

9 other relevant Department of Energy facilities through 

10 their work at such sites. 

11 (d) ELIGIBILITY AND APPLICATION.—Any institution 

12 of higher education or the National Academy of Sciences 

13 may apply for funding under this section by submitting 

14 to the Secretary an application at such time, in such man15 ner, and containing or accompanied by such information 

16 as the Secretary may require. 

17 (e) RESEARCH COORDINATION.—The Secretary shall 

18 coordinate activities under this section with similar activi19 ties conducted by the Department of Health and Human 

20 Services to the extent that other agencies have responsibil21 ities that are related to the study of epidemiological, clin22 ical, or health impacts of exposures to toxic substances. 

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

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


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1 research under this section, the funding recipient shall 

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

3 (1) summarizes the findings of the research; 

4 (2) includes recommendations for any addi5 tional studies; 

6 (3) describes any classes of employees that, 

7 based on the results of the study and in accordance 

8 with the rules promulgated by the Secretary under 

9 section 3671A(b) of the Energy Employees Occupa10 tional Illness Compensation Program Act of 2000 

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

12 Toxic Special Exposure Cohort under such section 

13 3671A; and 

14 (4) describes any illnesses to be included as cov15 ered illnesses under section 3671(2)(D) of the En16 ergy Employees Occupational Illness Compensation 

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

18 (g) REPORT TO CONGRESS.— 

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

20 after the date on which the reports under subsection 

21 (f) are due, the Secretary shall— 

22 (A) designate all classes of employees de23 scribed in the report under subsection (f)(3) as 

24 members of the Toxic Special Exposure Cohort 

25 under section 3671A of the Energy Employees 


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1 Occupational Illness Compensation Program 

2 Act of 2000 (as added by this Act); 

3 (B) prepare and submit to the relevant 

4 committees of Congress a report— 

5 (i) summarizing the findings from the 

6 reports required under subsection (f); 

7 (ii) identifying the classes of employ8 ees designated under subparagraph (A); 

9 (iii) identifying any new illnesses that, 

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

11 covered illnesses, pursuant to subsection 

12 (f)(4) and section 3671(2)(D) of the En13 ergy Employees Occupational Illness Com14 pensation Program Act of 2000 (42 U.S.C. 

15 7385s(2)(D)); and 

16 (iv) including the Secretary’s rec17 ommendations for additional health studies 

18 relating to toxic substances, if the Sec19 retary determines it necessary. 

20 (2) RELEVANT COMMITTEES OF CONGRESS DE21 FINED.—In this subsection, the term ‘‘relevant com22 mittees of Congress’’ means— 

23 (A) the Committee on Armed Services, 

24 Committee on Appropriations, Committee on 

25 Energy and Natural Resources, and Committee 


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1 on Health, Education, Labor, and Pensions of 

2 the Senate; and 

3 (B) the Committee on Armed Services, 

4 Committee on Appropriations, Committee on 

5 Energy and Commerce, and Committee on Edu6 cation and Labor of the House of Representa7 tives. 

8 (h) AUTHORIZATION OF APPROPRIATIONS.—There 

9 are authorized to be appropriated to carry out this section 

10 $3,000,000 for each of fiscal years 2022 through 2026. 

11 SEC. 6. NATIONAL ACADEMY OF SCIENCES REVIEW. 

12 Subtitle A of the Energy Employees Occupational Ill13 ness Compensation Program Act of 2000 (42 U.S.C. 

14 7384d et seq.), as amended by section 4, is further amend15 ed by inserting after section 3614 the following: 

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

17 ‘‘(a) PURPOSE.—The purpose of this section is to en18 able the National Academy of Sciences, a non-Federal en19 tity with appropriate expertise, to review and evaluate the 

20 available scientific evidence regarding associations be21 tween diseases and exposure to toxic substances found at 

22 Department of Energy cleanup sites. 

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

24 ‘‘(1) DEPARTMENT OF ENERGY CLEANUP

25 SITE.—The term ‘Department of Energy cleanup 


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1 site’ means a Department of Energy facility where 

2 cleanup operations are being carried out, or have 

3 been carried out, under the environmental manage4 ment program of the Department of Energy. 

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

6 ‘health studies report’ means the report submitted 

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

8 of 2021. 

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

10 issuance of the health studies report, the Secretary of 

11 Health and Human Services shall enter into an agreement 

12 with the National Academy of Sciences to carry out the 

13 requirements of this section. 

14 ‘‘(d) REVIEW OF SCIENTIFIC AND MEDICAL EVI15 DENCE.— 

16 ‘‘(1) IN GENERAL.—Under the agreement de17 scribed in subsection (c), the National Academy of 

18 Sciences shall, for the period of the agreement— 

19 ‘‘(A) for each area recommended for addi20 tional study under the health studies report 

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

22 Safety Act of 2021, review and summarize the 

23 scientific evidence relating to the area, includ24 ing— 


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1 ‘‘(i) studies by the Department of En2 ergy and Department of Labor; and 

3 ‘‘(ii) any other available and relevant 

4 scientific studies, to the extent that such 

5 studies are relevant to the occupational ex6 posures that have occurred at Department 

7 of Energy cleanup sites; and 

8 ‘‘(B) review and summarize the scientific 

9 and medical evidence concerning the association 

10 between exposure to toxic substances found at 

11 Department of Energy cleanup sites and result12 ant diseases. 

13 ‘‘(2) SCIENTIFIC DETERMINATIONS CON14 CERNING DISEASES.—In conducting each review of 

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

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

17 shall— 

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

19 ‘‘(B) assess whether a statistical associa20 tion between exposure to a toxic substance and 

21 a disease exists, taking into account the 

22 strength of the scientific evidence and the ap23 propriateness of the statistical and epidemiolog24 ical methods used to detect an association; 


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

2 among those exposed to the toxic substance 

3 during service during the production and clean4 up eras of the Department of Energy cleanup 

5 sites; 

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

7 toxic substance, focusing on hematologic, renal, 

8 urologic, hepatic, gastrointestinal, neurologic, 

9 dermatologic, respiratory, endocrine, ocular, 

10 ear, nasal, and oropharyngeal diseases, includ11 ing dementia, leukemia, chemical sensitivities, 

12 and chronic obstructive pulmonary disease; and 

13 ‘‘(E) determine whether a plausible biologi14 cal mechanism or other evidence of a causal re15 lationship exists between exposure to the toxic 

16 substance and disease. 

17 ‘‘(e) ADDITIONAL SCIENTIFIC STUDIES.—If the Na18 tional Academy of Sciences determines, in the course of 

19 conducting the studies under subsection (d), that addi20 tional studies are needed to resolve areas of continuing 

21 scientific uncertainty relating to toxic exposure at Depart22 ment of Energy cleanup sites, the National Academy of 

23 Sciences shall include, in the next report submitted under 

24 subsection (f), recommendations for areas of additional 

25 study, consisting of— 


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

2 further evaluation and study; 

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

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

5 and toxins; 

6 ‘‘(3) the value of the information that would re7 sult from the additional studies; and 

8 ‘‘(4) the cost and feasibility of carrying out ad9 ditional studies. 

10 ‘‘(f) REPORTS.— 

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

12 months after the date of the agreement under sub13 section (c), and every 2 years thereafter, the Na14 tional Academy of Sciences shall prepare and submit 

15 a report to— 

16 ‘‘(A) the Secretary; 

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

18 Labor, and Pensions and the Committee on En19 ergy and Natural Resources of the Senate; and 

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

21 the Committee on Education and Labor, and 

22 the Committee on Energy and Commerce of the 

23 House of Representatives. 


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

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

3 year period covered by the report— 

4 ‘‘(A) a description of— 

5 ‘‘(i) the reviews and studies conducted 

6 under this section; 

7 ‘‘(ii) the determinations and conclu8 sions of the National Academy of Sciences 

9 with respect to such reviews and studies; 

10 and 

11 ‘‘(iii) the scientific evidence and rea12 soning that led to such conclusions; 

13 ‘‘(B) the recommendations for further 

14 areas of study made under subsection (e) for 

15 the reporting period; 

16 ‘‘(C) a description of any classes of em17 ployees that, based on the results of the reviews 

18 and studies and in accordance with the rules 

19 promulgated by the Secretary under section 

20 3671A(b), qualify for inclusion in the Toxic 

21 Special Exposure Cohort under such section 

22 3671A; and 

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

24 the National Academy of Sciences has deter25 mined, as a result of the reviews and studies, 


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1 should be a covered illness under section 

2 3671(2)(D). 

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

4 enter into agreements under this section shall be effective 

5 for a fiscal year to the extent that appropriations are 

6 available. 

7 ‘‘(h) SUNSET.—This section shall cease to be effec8 tive 10 years after the last day of the fiscal year in which 

9 the National Academy of Sciences transmits to the Sec10 retary the first report under subsection (f).’’. 

11 SEC. 7. CONFORMING AMENDMENTS. 

12 The Energy Employees Occupational Illness Com13 pensation Program Act of 2000 (42 U.S.C. 7384 et seq.) 

14 is amended— 

15 (1) in the table of contents— 

16 (A) by redesignating the item relating to 

17 section 3614 as the item relating to section 

18 3616; 

19 (B) by inserting after the item relating to 

20 section 3613 the following: 

‘‘Sec. 3614. Information and outreach. 

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

21 (C) by inserting after the item relating to 

22 section 3671 the following: 

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

23 and 


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1 (D) by inserting after the item relating to 

2 section 3681 the following: 

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

3 and 

4 (2) in each of subsections (b)(1) and (c) of sec5 tion 3612, by striking ‘‘3614(b)’’ and inserting 

6 ‘‘3616(b)’’. 

Æ 


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