I 
116TH CONGRESS 
2D SESSION 
H. R. 7852 
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 HOUSE OF REPRESENTATIVES 
JULY 29, 2020 
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’s Radio-
active Waste Management Complex, to refine the defini-
tion 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 2020’’. 
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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) 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 2020 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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‘‘SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPECIAL EX-
POSURE 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 sub-
section (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 2020, the Secretary of Health and Human 
Services shall promulgate rules— 
‘‘(1) establishing a process to determine wheth-
er there are classes of Department of Energy em-
ployees, Department of Energy contractor employ-
ees, or other classes of employees employed at any 
Department of Energy facility— 
‘‘(A) who were at least as likely as not ex-
posed to toxic substances at a Department of 
Energy facility; and 
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‘‘(B) for whom the Secretary of Health 
and Human Services has determined, after tak-
ing into consideration the recommendations of 
the Advisory Board on Toxic Substances and 
Worker Health on the matter, that it is not fea-
sible to estimate with sufficient accuracy the 
dose 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 mem-
bers of the Toxic Special Exposure Cohort estab-
lished under subsection (a)(1), which shall include a 
requirement that the Secretary shall make initial de-
terminations 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 2020, the Secretary of Health and 
Human Services shall submit to the relevant com-
mittees 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. 
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‘‘(B) The minimum duration of work re-
quired to qualify for the Toxic Special Exposure 
Cohort established under subsection (a)(1). 
‘‘(C) The class of employees that are des-
ignated as members in the Toxic Special Expo-
sure 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 Com-
mittee on Health, Education, Labor, and Pen-
sions 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 Rep-
resentatives.’’. 
(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: 
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‘‘(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 estab-
lished by the Secretary of Health and 
Human Services for the Toxic Special Ex-
posure Cohort under section 3671A.’’. 
(d) CLARIFICATION OF TOXIC SUBSTANCE EXPO-
SURE 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 combina-
tions or mixtures of a toxic substance, including heavy 
metals, and radiation)’’ after ‘‘toxic substance’’ each place 
such term appears. 
SEC. 3. PROVIDING INFORMATION REGARDING DEPART-
MENT OF ENERGY FACILITIES. 
Subtitle E of the Energy Employees Occupational Ill-
ness Compensation Program Act of 2000 (42 U.S.C. 
7385s et seq.) is amended by inserting after section 3681 
the following: 
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‘‘SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPO-
SURE MATRICES. 
‘‘(a) DEFINITION.—In this section, the term ‘site ex-
posure matrices’ means an exposure assessment of a De-
partment of Energy facility that identifies— 
‘‘(1) the toxic substances or processes that were 
commonly used in each building or process of the fa-
cility, including the trade name (if any) of the sub-
stance; and 
‘‘(2) the time frame during which the potential 
for exposure to toxic substances existed at such fa-
cility. 
‘‘(b) IN GENERAL.—Not later than 180 days after 
the date of enactment of the Toxic Exposure Safety Act 
of 2020, 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, in-
cluding 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. 
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‘‘(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 sec-
tion, 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 Act; and 
‘‘(4) statistical data, in the aggregate and 
disaggregated by each Department of Energy facil-
ity, regarding— 
‘‘(A) the number of claims filed under this 
subtitle and the number of claims filed by mem-
bers of the Toxic Special Exposure Cohort who 
are covered under subtitle B; 
‘‘(B) the illnesses claimed; 
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‘‘(C) the number of claims filed for each 
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 ap-
propriated 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 fol-
lowing: 
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‘‘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 Depart-
ment of Energy, or current or former Department of En-
ergy contractor employees, may use in order to receive in-
formation regarding— 
‘‘(1) the compensation program under subtitle 
B or E; 
‘‘(2) information regarding the process of sub-
mitting 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, 2022, the Secretary of Energy, in coordination 
with the Secretary of Labor, shall establish a re-
source and advocacy center at each Department of 
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Energy facility where cleanup operations are being 
carried out, or have been carried out, under the en-
vironmental management program of the Depart-
ment of Energy. Each such resource and advocacy 
center shall assist current or former Department of 
Energy employees and current or former Depart-
ment of Energy contractor employees, by enabling 
the employees and contractor employees to— 
‘‘(A) receive information regarding all re-
lated programs available to them relating to po-
tential 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 De-
partment of Energy contractor employees, which are 
related to the purposes of this title, with the re-
source and advocacy centers established under para-
graph (1), as appropriate. 
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‘‘(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 cur-
rent or former Department of Energy contractor employ-
ees 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 em-
ployee or Department of Energy contractor em-
ployee, provide the employee with a complete copy of 
all records or other materials held by the Depart-
ment 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 HY-
GIENISTS.—The Secretary of Labor shall allow industrial 
hygienists to contact current or former employees or De-
partment of Energy contractor employees regarding the 
employee’s claim under subtitle B or E.’’. 
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(b) EXTENDING APPEAL PERIOD.—Section 3677(a) 
of the Energy Employees Occupational Illness Compensa-
tion 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 Employ-
ees Occupational Illness Compensation Program Act of 
2000 (42 U.S.C. 7385s–13) is amended— 
(1) by striking ‘‘There is authorized’’ and in-
serting 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) EXTENDING
THE
AUTHORIZATION
OF
THE 
EEOICPA OMBUDSMAN.—Section 3686(h) of the Energy 
Employees Occupational Illness Compensation Program 
Act of 2000 (42 U.S.C. 7385s–15(h)) is amended by strik-
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ing ‘‘October 28, 2019’’ and inserting ‘‘October 28, 
2024’’. 
(e) ADVISORY BOARD ON TOXIC SUBSTANCES AND 
WORKER HEALTH.—Section 3687 of the Energy Employ-
ees 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 pe-
riod 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 Depart-
ment of Energy employees, Department of En-
ergy contractor employees, or other employees 
at any Department of Energy facility who were 
at least as likely as not exposed to toxic sub-
stances 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 
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designated as a member of the Special Expo-
sure Cohort under section 3671A; and 
‘‘(4) review all existing, as of the date of the re-
view, rules and guidelines issued by the Secretary re-
garding 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 fol-
lowing: 
‘‘(h) REQUIRED
RESPONSES
TO
BOARD
REC-
OMMENDATIONS.—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 IM-
PACTS 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 
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the Energy Employees Occupational Illness Com-
pensation 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 Environ-
mental Health Sciences and in collaboration with the Di-
rector 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 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 man-
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ner, 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 activi-
ties conducted by the Department of Health and Human 
Services to the extent that other agencies have responsibil-
ities that are related to the study of epidemiological, clin-
ical, 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 addi-
tional 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 Occupa-
tional 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 cov-
ered illnesses under section 3671(2)(D) of the En-
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ergy 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 de-
scribed 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 employ-
ees 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 En-
ergy Employees Occupational Illness Com-
pensation Program Act of 2000 (42 U.S.C. 
7385s(2)(D)); and 
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