[Congressional Record Volume 167, Number 201 (Thursday, November 18, 2021)]
[Senate]
[Pages S8461-S8463]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4792. Mrs. MURRAY (for herself and Mr. Manchin) submitted an
amendment intended to be proposed to amendment SA 3867 submitted by Mr.
Reed and intended to be proposed to the bill H.R. 4350, to authorize
appropriations for fiscal year 2022 for military activities of the
Department of Defense, for military construction, and for defense
activities of the Department of Energy, to prescribe military personnel
strengths for such fiscal year, and for other purposes; which was
ordered to lie on the table; as follows:
At the end of title XXXI, add the following:
Subtitle F--Toxic Exposure Safety
SEC. 3161. SHORT TITLE.
This subtitle may be cited as the ``Toxic Exposure Safety
Act of 2021''.
SEC. 3162. PROVIDING INFORMATION REGARDING DEPARTMENT OF
ENERGY FACILITIES.
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 3681 the following:
``SEC. 3681A. COMPLETION AND UPDATES OF SITE EXPOSURE
MATRICES.
``(a) Definition.--In this section, the term `site exposure
matrices' means an exposure assessment of a Department of
Energy facility that identifies the toxic substances or
processes that were used in each building or process of the
facility, including the trade name (if any) of the substance.
``(b) In General.--Not later than 180 days after the date
of enactment of the Toxic Exposure Safety Act of 2021, 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, including 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.
``(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 section, 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 title; and
``(4) statistical data, in the aggregate and disaggregated
by each Department of Energy facility, regarding--
``(A) the number of claims filed under this subtitle;
``(B) the types of illnesses claimed;
``(C) the number of claims filed for each type of 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) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Energy, for fiscal
year 2022 and each succeeding year, such sums as may be
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necessary to support the Secretary of Labor in creating or
updating the site exposure matrices.''.
SEC. 3163. 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 following:
``SEC. 3614. INFORMATION AND OUTREACH.
``(a) Establishment of Toll-free Information Phone
Number.--By not later than January 1, 2023, the Secretary of
Labor shall establish a toll-free phone number that current
or former employees of the Department of Energy, or current
or former Department of Energy contractor employees, may use
in order to receive information regarding--
``(1) the compensation program under subtitle B or E;
``(2) information regarding the process of submitting 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, 2024, the
Secretary of Energy, in coordination with the Secretary of
Labor, shall establish a resource and advocacy center at each
Department of Energy facility where cleanup operations are
being carried out, or have been carried out, under the
environmental management program of the Department of Energy.
Each such resource and advocacy center shall assist current
or former Department of Energy employees and current or
former Department of Energy contractor employees, by enabling
the employees and contractor employees to--
``(A) receive information regarding all related programs
available to them relating to potential 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 Department of Energy
contractor employees, which are related to the purposes of
this title, with the resource and advocacy centers
established under paragraph (1), as appropriate.
``(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 current or former
Department of Energy contractor employees 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 employee or Department of
Energy contractor employee, provide the employee with a
complete copy of all records or other materials held by the
Department 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 Hygienists.--The
Secretary of Labor shall allow industrial hygienists to
contact and interview current or former employees or
Department of Energy contractor employees regarding the
employee's claim under subtitle B or E.''.
(b) Extending Appeal Period.--Section 3677(a) of the Energy
Employees Occupational Illness Compensation 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 Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s-13) is amended--
(1) by striking ``There is authorized'' and inserting 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 to be appropriated to the Secretary of Energy
for fiscal year 2022 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) Advisory Board on Toxic Substances and Worker Health.--
Section 3687 of the Energy Employees 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 period 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 whether there is a class of
Department of Energy employees, Department of Energy
contractor employees, or other employees at any Department of
Energy facility who were at least as likely as not exposed to
toxic substances at that facility but for whom it is not
feasible to estimate with sufficient accuracy the dose they
received; and
``(4) review all existing, as of the date of the review,
rules and guidelines issued by the Secretary regarding
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), (i), and (j) as
subsections (i), (j), and (k), respectively; and
(4) by inserting after subsection (g) the following:
``(h) Required Responses to Board Recommendations.--Not
later than 90 days after the date on which the Secretary of
Labor and the Secretary of Health and Human Services receive
recommendations in accordance with paragraph (1), (3), or (4)
of subsection (b), each such Secretary shall submit formal
responses to each recommendation to the Board and
Congress.''.
SEC. 3164. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IMPACTS 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 the Energy
Employees Occupational Illness Compensation 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 Environmental Health
Sciences and in collaboration with the Director 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 or other storage 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 manner, 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 activities
conducted by the Department of Health and Human Services to
the extent that other agencies have responsibilities that are
related to the study of epidemiological, clinical, 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 additional studies;
(3) describes any classes of employees that, based on the
results of the report, could warrant the establishment of a
Special Exposure Cohort under the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7384 et seq.) for toxic substances exposures; and
(4) describes any illnesses to be included as covered
illnesses under such Act (42 U.S.C. 7384 et seq.).
(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) identify 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; and
(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 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) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s(2)); and
(iii) including the Secretary's recommendations for
additional health studies relating to toxic substances, if
the Secretary determines it necessary.
(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
[[Page S8463]]
Energy and Natural Resources, and Committee on Health,
Education, Labor, and Pensions of the Senate; and
(B) the Committee on Armed Services, Committee on
Appropriations, Committee on Energy and Commerce, and
Committee on Education and Labor of the House of
Representatives.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to carry out this section $3,000,000 for
each of fiscal years 2022 through 2026.
SEC. 3165. NATIONAL ACADEMY OF SCIENCES REVIEW.
Subtitle A of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.),
as amended by section 3163, is further amended by inserting
after section 3614 the following:
``SEC. 3615. NATIONAL ACADEMY OF SCIENCES REVIEW.
``(a) Purpose.--The purpose of this section is to enable
the National Academy of Sciences, a non-Federal entity with
appropriate expertise, to review and evaluate the available
scientific evidence regarding associations between diseases
and exposure to toxic substances found at Department of
Energy cleanup sites.
``(b) Definitions.--In this section:
``(1) Department of energy cleanup site.--The term
`Department of Energy cleanup site' means a Department of
Energy facility where cleanup operations are being carried
out, or have been carried out, under the environmental
management program of the Department of Energy.
``(2) Health studies report.--The term `health studies
report' means the report submitted under section 3164(f) of
the Toxic Exposure Safety Act of 2021.
``(c) Agreement.--The Secretary of Health and Human
Services shall seek to enter into an agreement with the
National Academy of Sciences, not later than 60 days after
the issuance of the health studies report, to carry out the
requirements of this section.
``(d) Review of Scientific and Medical Evidence.--
``(1) In general.--Under the agreement described in
subsection (c), the National Academy of Sciences shall, for
the period of the agreement--
``(A) for each area recommended for additional study under
the health studies report under section 3164(f)(2) of the
Toxic Exposure Safety Act of 2021, review and summarize the
scientific evidence relating to the area, including--
``(i) studies by the Department of Energy and Department of
Labor; and
``(ii) any other available and relevant scientific studies,
to the extent that such studies are relevant to the
occupational exposures that have occurred at Department of
Energy cleanup sites; and
``(B) review and summarize the scientific and medical
evidence concerning the association between exposure to toxic
substances found at Department of Energy cleanup sites and
resultant diseases.
``(2) Scientific determinations concerning diseases.--In
conducting each review of scientific evidence under
subparagraphs (A) and (B) of paragraph (1), the National
Academy of Sciences shall--
``(A) assess the strength of such evidence;
``(B) assess whether a statistical association between
exposure to a toxic substance and a disease exists, taking
into account the strength of the scientific evidence and the
appropriateness of the statistical and epidemiological
methods used to detect an association;
``(C) assess the increased risk of disease among those
exposed to the toxic substance during service during the
production and cleanup eras of the Department of Energy
cleanup sites;
``(D) survey the impact to health of the toxic substance,
focusing on hematologic, renal, urologic, hepatic,
gastrointestinal, neurologic, dermatologic, respiratory,
endocrine, ocular, ear, nasal, and oropharyngeal diseases,
including dementia, leukemia, chemical sensitivities, and
chronic obstructive pulmonary disease; and
``(E) determine whether a plausible biological mechanism or
other evidence of a causal relationship exists between
exposure to the toxic substance and disease.
``(e) Additional Scientific Studies.--If the National
Academy of Sciences determines, in the course of conducting
the studies under subsection (d), that additional studies are
needed to resolve areas of continuing scientific uncertainty
relating to toxic exposure at Department of Energy cleanup
sites, the National Academy of Sciences shall include, in the
next report submitted under subsection (f), recommendations
for areas of additional study, consisting of--
``(1) a list of diseases and toxins that require further
evaluation and study;
``(2) a review the current information available, as of the
date of the report, relating to such diseases and toxins;
``(3) the value of the information that would result from
the additional studies; and
``(4) the cost and feasibility of carrying out additional
studies.
``(f) Reports.--
``(1) In general.--By not later than 18 months after the
date of the agreement under subsection (c), and every 2 years
thereafter, the National Academy of Sciences shall under such
agreement prepare and submit a report to--
``(A) the Secretary;
``(B) the Committee on Health, Education, Labor, and
Pensions and the Committee on Energy and Natural Resources of
the Senate; and
``(C) the Committee on Natural Resources, the Committee on
Education and Labor, and the Committee on Energy and Commerce
of the House of Representatives.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the 18-month or 2-year period covered by
the report--
``(A) a description of--
``(i) the reviews and studies conducted under this section;
``(ii) the determinations and conclusions of the National
Academy of Sciences with respect to such reviews and studies;
and
``(iii) the scientific evidence and reasoning that led to
such conclusions;
``(B) the recommendations for further areas of study made
under subsection (e) for the reporting period;
``(C) a description of any classes of employees that, based
on the results of the reviews and studies, could qualify as a
Special Exposure Cohort; and
``(D) the identification of any illness that the National
Academy of Sciences has determined, as a result of the
reviews and studies, should be a covered illness.
``(g) Limitation on Authority.--The authority to enter into
agreements under this section shall be effective for a fiscal
year to the extent that appropriations are available.
``(h) Sunset.--This section shall cease to be effective 10
years after the last day of the fiscal year in which the
National Academy of Sciences transmits to the Secretary the
first report under subsection (f).''.
SEC. 3166. CONFORMING AMENDMENTS.
The Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7384 et seq.) is amended--
(1) in the table of contents--
(A) by redesignating the item relating to section 3614 as
the item relating to section 3616;
(B) by inserting after the item relating to section 3613
the following:
``Sec. 3614. Information and outreach.
``Sec. 3615. National Academy of Sciences review.'';
and
(C) by inserting after the item relating to section 3681
the following:
``Sec. 3681A. Completion and updates of site exposure matrices.'';
and
(2) in each of subsections (b)(1) and (c) of section 3612,
by striking ``3614(b)'' and inserting ``3616(b)''.
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