Toxic Exposure Safety Act of 2021

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Toxic Exposure Safety 4 Act of 2021’’. 5 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2257 IH SEC. 2. ESTABLISHING A TOXIC SPECIAL EXPOSURE CO- 1 HORT. 2 (a) EXPANSION OF COVERED EMPLOYEES AND DEFI- 3 NITION OF COVERED ILLNESSES UNDER SUBTITLE E.— 4 Section 3671 of the Energy Employees Occupational Ill- 5 ness Compensation Program Act of 2000 (42 U.S.C. 6 7385s) is amended— 7 (1) in paragraph (1)— 8 (A) by striking ‘‘employee determined 9 under’’ and inserting the following: ‘‘employee 10 determined— 11 ‘‘(A) under’’; 12 (B) by striking the period at the end and 13 inserting ‘‘; or’’; and 14 (C) by adding at the end the following: 15 ‘‘(B) to have contracted a covered illness 16 and be a member of the Toxic Special Exposure 17 Cohort established under section 3671A.’’; and 18 (2) by striking paragraph (2) and inserting the 19 following: 20 ‘‘(2) The term ‘covered illness’ means an occu- 21 pational illness or death resulting from exposure to 22 a toxic substance, including— 23 ‘‘(A) all forms of cancer; 24 ‘‘(B) malignant mesothelioma; 25 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2257 IH ‘‘(C) pneumoconiosis, including silicosis, 1 asbestosis, and other pneumoconiosis, and other 2 asbestos-related diseases, including asbestos-re- 3 lated pleural disease; 4 ‘‘(D) any illness identified in a health stud- 5 ies report under section 5(f)(4) of the Toxic Ex- 6 posure Safety Act of 2021 or a report under 7 section 3615(f)(2)(D); and 8 ‘‘(E) any additional illness that the Sec- 9 retary of Health and Human Services des- 10 ignates by regulation, as such Secretary deter- 11 mines appropriate based on— 12 ‘‘(i) the results of the report under 13 section 3671A(c); and 14 ‘‘(ii) the determinations made by such 15 Secretary in establishing a Toxic Special 16 Exposure Cohort under section 3671A.’’. 17 (b) DESIGNATION OF TOXIC SPECIAL EXPOSURE CO- 18 HORT.—Subtitle E of the Energy Employees Occupational 19 Illness Compensation Program Act of 2000 (42 U.S.C. 20 7385s et seq.) is amended by inserting after section 3671 21 the following: 22 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2257 IH ‘‘SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPECIAL EX- 1 POSURE COHORT. 2 ‘‘(a) CERTAIN DESIGNATIONS.—The Secretary of 3 Health and Human Services, acting through the Director 4 of the Centers for Disease Control and Prevention— 5 ‘‘(1) shall establish a Toxic Special Exposure 6 Cohort; and 7 ‘‘(2) as the Secretary determines appropriate in 8 accordance with the rules promulgated under sub- 9 section (b), may designate classes of Department of 10 Energy employees, Department of Energy contractor 11 employees, or atomic weapons employees as members 12 of the Toxic Special Exposure Cohort. 13 ‘‘(b) PROMULGATION OF RULES.—Not later than 1 14 year after the date of enactment of the Toxic Exposure 15 Safety Act of 2021, the Secretary of Health and Human 16 Services shall promulgate rules— 17 ‘‘(1) establishing a process to determine wheth- 18 er there are classes of Department of Energy em- 19 ployees, Department of Energy contractor employ- 20 ees, or other classes of employees employed at any 21 Department of Energy facility— 22 ‘‘(A) who were at least as likely as not ex- 23 posed to toxic substances at a Department of 24 Energy facility; and 25 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2257 IH ‘‘(B) for whom the Secretary of Health 1 and Human Services has determined, after tak- 2 ing into consideration the recommendations of 3 the Advisory Board on Toxic Substances and 4 Worker Health on the matter, that it is not fea- 5 sible to estimate with sufficient accuracy the 6 frequency, intensity, and duration of exposure 7 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 mem- 11 bers of the Toxic Special Exposure Cohort estab- 12 lished under subsection (a)(1), which shall include a 13 requirement that the Secretary shall make initial de- 14 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 2021, the Secretary of Health and 19 Human Services shall submit to the relevant com- 20 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 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2257 IH posed, a hazard in the work environment at any 1 Department of Energy facility. 2 ‘‘(B) The minimum duration of work re- 3 quired to qualify for the Toxic Special Exposure 4 Cohort established under subsection (a)(1). 5 ‘‘(C) The class of employees that are des- 6 ignated as members in the Toxic Special Expo- 7 sure Cohort. 8 ‘‘(2) RELEVANT COMMITTEES OF CONGRESS 9 DEFINED.—In this subsection, the term ‘relevant 10 committees of Congress’ means— 11 ‘‘(A) the Committee on Armed Services, 12 Committee on Appropriations, Committee on 13 Energy and Natural Resources, and the Com- 14 mittee on Health, Education, Labor, and Pen- 15 sions of the Senate; and 16 ‘‘(B) the Committee on Armed Services, 17 Committee on Appropriations, Committee on 18 Energy and Commerce, and the Committee on 19 Education and Labor of the House of Rep- 20 resentatives.’’. 21 (c) ALLOWING SUBTITLE B CLAIMS FOR ELIGIBLE 22 EMPLOYEES WHO ARE MEMBERS OF THE TOXIC SPECIAL 23 EXPOSURE COHORT.—Section 3621(1) of the Energy 24 Employees Occupational Illness Compensation Program 25 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2257 IH Act of 2000 (42 U.S.C. 7384l(1)) is amended by adding 1 at the end the following: 2 ‘‘(D) A Department of Energy employee or 3 atomic weapons employee who— 4 ‘‘(i) has contracted a covered illness 5 (as defined in section 3671); and 6 ‘‘(ii) satisfies the requirements estab- 7 lished by the Secretary of Health and 8 Human Services for the Toxic Special Ex- 9 posure Cohort under section 3671A.’’. 10 (d) CLARIFICATION OF TOXIC SUBSTANCE EXPO- 11 SURE FOR COVERED ILLNESSES.—Section 3675(c)(1) of 12 the Energy Employees Occupational Illness Compensation 13 Program Act of 2000 (42 U.S.C. 7385s–4(c)(1)) is 14 amended by inserting ‘‘(including chemicals or combina- 15 tions or mixtures of a toxic substance, including heavy 16 metals, and radiation)’’ after ‘‘toxic substance’’ each place 17 such term appears. 18 SEC. 3. PROVIDING INFORMATION REGARDING DEPART- 19 MENT OF ENERGY FACILITIES. 20 Subtitle E of the Energy Employees Occupational Ill- 21 ness Compensation Program Act of 2000 (42 U.S.C. 22 7385s et seq.) is amended by inserting after section 3681 23 the following: 24 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2257 IH ‘‘SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPO- 1 SURE MATRICES. 2 ‘‘(a) DEFINITION.—In this section, the term ‘site ex- 3 posure matrices’ means an exposure assessment of a De- 4 partment of Energy facility that identifies the toxic sub- 5 stances or processes that were used in each building or 6 process of the facility, including the trade name (if any) 7 of the substance. 8 ‘‘(b) IN GENERAL.—Not later than 180 days after 9 the date of enactment of the Toxic Exposure Safety Act 10 of 2021, the Secretary of Labor shall, in coordination with 11 the Secretary of Energy, create or update site exposure 12 matrices for each Department of Energy facility based on 13 the records, files, and other data provided by the Secretary 14 of Energy and such other information as is available, in- 15 cluding information available from the former worker 16 medical screening programs of the Department of Energy. 17 ‘‘(c) PERIODIC UPDATE.—Beginning 90 days after 18 the initial creation or update described in subsection (b), 19 and each 90 days thereafter, the Secretary shall update 20 the site exposure matrices with all information available 21 as of such time from the Secretary of Energy. 22 ‘‘(d) INFORMATION.—The Secretary of Energy shall 23 furnish to the Secretary of Labor any information that 24 the Secretary of Labor finds necessary or useful for the 25 production of the site exposure matrices under this sec- 26 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 9 •HR 2257 IH tion, including records from the Department of Energy 1 former worker medical screening program. 2 ‘‘(e) PUBLIC AVAILABILITY.—The Secretary of Labor 3 shall make available to the public, on the primary website 4 of the Department of Labor— 5 ‘‘(1) the site exposure matrices, as periodically 6 updated under subsections (b) and (c); 7 ‘‘(2) each site profile prepared under section 8 3633(a); 9 ‘‘(3) any other database used by the Secretary 10 of Labor to evaluate claims for compensation under 11 this title; and 12 ‘‘(4) statistical data, in the aggregate and 13 disaggregated by each Department of Energy facil- 14 ity, regarding— 15 ‘‘(A) the number of claims filed under this 16 subtitle and the number of claims filed by mem- 17 bers of the Toxic Special Exposure Cohort who 18 are covered under subtitle B; 19 ‘‘(B) the types of illnesses claimed; 20 ‘‘(C) the number of claims filed for each 21 type of illness and, for each claim, whether the 22 claim was approved or denied; 23 ‘‘(D) the number of claimants receiving 24 compensation; and 25 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 10 •HR 2257 IH ‘‘(E) the length of time required to process 1 each claim, as measured from the date on which 2 the claim is filed to the final disposition of the 3 claim. 4 ‘‘(f) FUNDING.—There is authorized and hereby ap- 5 propriated to the Secretary of Energy, for fiscal year 2021 6 and each succeeding year, such sums as may be necessary 7 to support the Secretary of Labor in creating or updating 8 the site exposure matrices.’’. 9 SEC. 4. ASSISTING CURRENT AND FORMER EMPLOYEES 10 UNDER THE EEOICPA. 11 (a) PROVIDING INFORMATION AND OUTREACH.— 12 Subtitle A of the Energy Employees Occupational Illness 13 Compensation Program Act of 2000 (42 U.S.C. 7384d et 14 seq.) is amended— 15 (1) by redesignating section 3614 as section 16 3616; and 17 (2) by inserting after section 3613 the fol- 18 lowing: 19 ‘‘SEC. 3614. INFORMATION AND OUTREACH. 20 ‘‘(a) ESTABLISHMENT OF TOLL-FREE INFORMATION 21 PHONE NUMBER.—By not later than January 1, 2022, 22 the Secretary of Labor shall establish a toll-free phone 23 number that current or former employees of the Depart- 24 ment of Energy, or current or former Department of En- 25 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 11 •HR 2257 IH ergy contractor employees, may use in order to receive in- 1 formation regarding— 2 ‘‘(1) the compensation program under subtitle 3 B or E; 4 ‘‘(2) information regarding the process of sub- 5 mitting a claim under either compensation program; 6 ‘‘(3) assistance in completing the occupational 7 health questionnaire required as part of a claim 8 under subtitle B or E; 9 ‘‘(4) the next steps to take if a claim under 10 subtitle B or E is accepted or denied; and 11 ‘‘(5) such other information as the Secretary 12 determines necessary to further the purposes of this 13 title. 14 ‘‘(b) ESTABLISHMENT OF RESOURCE AND ADVOCACY 15 CENTERS.— 16 ‘‘(1) IN GENERAL.—By not later than January 17 1, 2023, the Secretary of Energy, in coordination 18 with the Secretary of Labor, shall establish a re- 19 source and advocacy center at each Department of 20 Energy facility where cleanup operations are being 21 carried out, or have been carried out, under the en- 22 vironmental management program of the Depart- 23 ment of Energy. Each such resource and advocacy 24 center shall assist current or former Department of 25 VerDate Sep 11 2014 00:48 May 27, 2021 Jkt 019200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H2257.IH H2257 pbinns on DSKJLVW7X2PROD with BILLS 12 •HR 2257 IH Energy employees and current or former Depart- 1 ment of Energy contractor employees, by enabling 2 the employees and contractor employees to— 3 ‘‘(A) receive information regarding all re- 4 lated programs available to them relating to po- 5 tential claims under this title, including— 6 ‘‘(i) programs under subtitles B and 7 E; and 8 ‘‘(ii) the former worker medical 9 screening program of the Department of 10 Energy; and 11 ‘‘(B) navigate all such related programs. 12 ‘‘(2) COORDINATION.—The Secretary of Energy 13 shall integrate other programs available to current 14 and former employees, and current or former De- 15 partment of Energy contractor employees, which are 16 related to the purposes of this title, with the re- 17 source and advocacy centers established under para- 18 graph (1), as appropriate. 19 ‘‘ [Text truncated for display. 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