[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

[[Page S8462]]

     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)''.
                                 ______