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 sub-
sequently 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 cer-
tain 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 Representa-
tives 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’’. 
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SEC. 2. ESTABLISHING A TOXIC SPECIAL EXPOSURE CO-
HORT. 
(a) EXPANSION OF COVERED EMPLOYEES AND DEFI-
NITION OF COVERED ILLNESSES UNDER SUBTITLE E.— 
Section 3671 of the Energy Employees Occupational Ill-
ness 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 occu-
pational illness or death resulting from exposure to 
a toxic substance, including— 
‘‘(A) all forms of cancer; 
‘‘(B) malignant mesothelioma; 
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‘‘(C) pneumoconiosis, including silicosis, 
asbestosis, and other pneumoconiosis, and other 
asbestos-related diseases, including asbestos-re-
lated pleural disease; 
‘‘(D) any illness identified in a health stud-
ies report under section 5(f)(4) of the Toxic Ex-
posure Safety Act of 2021 or a report under 
section 3615(f)(2)(D); and 
‘‘(E) any additional illness that the Sec-
retary of Health and Human Services des-
ignates by regulation, as such Secretary deter-
mines 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 CO-
HORT.—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: 
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