[Congressional Record Volume 170, Number 115 (Thursday, July 11, 2024)]
[Senate]
[Pages S4775-S4779]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 2461. Mrs. MURRAY submitted an amendment intended to be proposed
by her to the bill S. 4638, to authorize appropriations for fiscal year
2025 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 X, insert the following:
Subtitle I--Toxic Exposure Safety Act of 2024
SECTION 1096. SHORT TITLE.
This title may be cited as the ``Toxic Exposure Safety Act
of 2024''.
SEC. 1097. ESTABLISHING A TOXIC SPECIAL EXPOSURE COHORT.
(a) Expansion of Covered Employees and Definition of
Covered Illnesses Under Subtitle E.--Section 3671 of the
Energy Employees Occupational Illness 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 occupational
illness or death resulting from exposure to a toxic
substance, including--
``(A) all forms of cancer;
``(B) malignant mesothelioma;
``(C) pneumoconiosis, including silicosis, asbestosis, and
other pneumoconiosis, and other asbestos-related diseases,
including asbestos-related pleural disease;
``(D) any illness designated as a covered illness under
section 3615(f)(3)(B)(i) or under section 1099B(g)(1)(B) of
the Toxic Exposure Safety Act of 2024; and
``(E) any additional illness that the Secretary of Health
and Human Services designates by regulation, as such
Secretary determines 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 Cohort.--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:
``SEC. 3671A. ESTABLISHMENT OF THE TOXIC SPECIAL EXPOSURE
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 subsection (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
2024, the Secretary of Health and Human Services shall
promulgate rules--
``(1) establishing a process to determine whether there are
classes of Department of Energy employees, Department of
Energy contractor employees, or other classes of employees
employed at any Department of Energy facility--
``(A) who were at least as likely as not exposed to toxic
substances at a Department of Energy facility; and
``(B) for whom the Secretary of Health and Human Services
has determined, after taking into consideration the
recommendations of the Advisory Board on Toxic Substances and
Worker Health on the matter, that it is not feasible to
estimate with sufficient accuracy the frequency, intensity,
and duration of exposure 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 members of the Toxic Special
Exposure Cohort established under subsection (a)(1), which
shall include a requirement that the Secretary shall make
initial determinations 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 2024, the
Secretary of Health and Human Services shall submit to the
relevant committees 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.
``(B) The minimum duration of work required to qualify for
the Toxic Special Exposure Cohort established under
subsection (a)(1).
``(C) The class of employees that are designated as members
in the Toxic Special Exposure Cohort.
``(2) Relevant committees of congress defined.--In this
subsection, the term `relevant committees of Congress'
means--
``(A) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Energy and Natural
Resources, and the Committee on Health, Education, Labor, and
Pensions of the Senate; and
``(B) the Committee on Armed Services, the Committee on
Appropriations, the Committee on Energy and Commerce, and the
Committee on Education and the Workforce of the House of
Representatives.''.
(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:
``(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 established by the
Secretary of Health and Human Services for the Toxic Special
Exposure Cohort under section 3671A.''.
(d) Clarification of Toxic Substance Exposure for Covered
Illnesses.--Section 3675(c)(1) of the Energy Employees
Occupational Illness Compensation Program Act of
[[Page S4776]]
2000 (42 U.S.C. 7385s-4(c)(1)) is amended by inserting
``(including chemicals or combinations or mixtures of a toxic
substance, including heavy metals, and radiation)'' after
``toxic substance'' each place such term appears.
SEC. 1098. 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 2024, 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 180 days after the
initial creation or update described in subsection (b), and
each 180 days thereafter, the Secretary shall update the site
exposure matrices with all information available as of such
time from the Secretary of Energy.
``(d) 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 and
the number of claims filed by members of the Toxic Special
Exposure Cohort who are covered under subtitle B;
``(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.
``(e) Reporting.--
``(1) In general.--Beginning 180 days after the date of
enactment of the Toxic Exposure Safety Act of 2024 and
annually thereafter, the Secretary of Labor shall prepare and
submit to Congress and to the Advisory Board on Toxic
Substances and Worker Health a report--
``(A) identifying any substance that was previously
included on any site exposure matrices and removed during the
reporting period; and
``(B) explaining the rationale for removing each such
substance from any site exposure matrices.
``(2) Reporting period.--For purposes of this subsection--
``(A) the reporting period for the initial report prepared
under paragraph (1) shall for the period beginning on January
1, 2005, and ending on the last day of the calendar year
preceding the date of the report; and
``(B) for each subsequent report, the reporting period
shall be for the calendar year preceding the date of the
report.
``(f) Funding.--There is authorized and hereby appropriated
to the Secretary of Energy, for fiscal year 2025 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. 1099. 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) Information.--The Secretary of Labor shall develop
and distribute, through various means and in paper and
digital formats, 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.
``(b) Copy of Employee's Claims Records.--
``(1) In general.--In maintaining and processing an
employee's claim under subtitle B or E, the Secretary of
Labor shall provide the employee with a copy of each record
or other material obtained by the Department of Labor
relating to the employee's claim under subtitle B or E not
later than 15 days after the Department obtains such record
or material.
``(2) Choice of format.--The Secretary of Labor shall
provide a copy described in paragraph (1) to an employee in
paper form or, if selected by the employee, in electronic
form.
``(3) Reports.--Beginning 180 days after the date of
enactment of the Toxic Exposure Safety Act of 2024, and
annually thereafter, the Secretary of Labor shall prepare and
submit a report to Congress and the Advisory Board on Toxic
Substances and Worker Health on the number of records or
other materials requested or provided under this subsection,
which shall include, for the preceding calendar year--
``(A) the number of records or other materials provided
under this subsection within the time period required under
paragraph (1);
``(B) the number of records or other materials provided
under this subsection that were not provided within such time
period; and
``(C) for the late records or other materials described in
subparagraph (B), the average number of days taken to provide
the records or other materials.
``(c) Contact of Employees by Industrial Hygienists.--
``(1) In general.--Upon a request of an industrial
hygienist to contact or interview a current or former
employee or Department of Energy contractor employee
regarding the employee's claim under subtitle B or E, the
Secretary of Labor shall, not later than 5 days after such
request is made, allow the industrial hygienist to carry out
the contact or interview.
``(2) Reports.--Beginning 180 days after the date of
enactment of the Toxic Exposure Safety Act of 2024, and
annually thereafter, the Secretary of Labor shall prepare and
submit a report to Congress and the Advisory Board on Toxic
Substances and Worker Health regarding the use of industrial
hygienists by employees, including, for the preceding
calendar year--
``(A) the number of requested contacts that have been
allowed under paragraph (1);
``(B) the number of interviews conducted by industrial
hygienists regarding employee claims under subtitle B or E;
``(C) of the interviews that were conducted--
``(i) the number of interviews that were not approved
within the time period required under paragraph (1); and
``(ii) for the interviews described in clause (i), the
average number of days taken to provide such approval;
``(D) the number of requests for contacts or interviews, if
any, that were denied; and
``(E) a rationale for why requests for contacts or
interviews were not approved in the time period required
under paragraph (1), or were denied.''.
(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 ``1 year''.
(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 and hereby appropriated to the Secretary of
Energy for fiscal year 2025 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.''.
SEC. 1099A. IMPROVEMENTS RELATING TO THE ADVISORY BOARD ON
TOXIC SUBSTANCES AND WORKER HEALTH.
(a) Board Member Terms.--
(1) Amendment.--Section 3687(a)(2) of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (42
U.S.C. 7385s-16(a)(2)) is amended--
(A) by striking ``(2) The President'' and inserting the
following: ``(2) Members.--
``(A) In general.--The President''; and
(B) by adding at the end the following:
``(B) Terms.--A member appointed by the President under
subparagraph (A) shall serve for a 5-year term.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply with respect to an appointment (including a
reappointment) made under section 3687(a)(2) of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385s-16(a)(2)) on or after the date of
enactment of this Act.
(b) Recommendations Regarding Members of the Special
Exposure Cohort.--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--
``(A) 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
[[Page S4777]]
for whom it is not feasible to estimate with sufficient
accuracy the type, duration, or concentration of exposure
dose they received, including from multiple toxic compounds
and their transformations, individually or in combination;
and
``(B) the conditions or requirements that should be met in
order for an individual to be designated as a member of the
Special Exposure Cohort under section 3671A; and
``(4) review all existing, as of the date of the review,
rules and guidelines issued by the Secretary regarding
presumption of causation and, as applicable, provide the
Secretary with recommendations for updates to the rules and
guidelines, or new rules and guidelines, regarding
presumption of causation.'';
(2) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively; and
(3) 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 or 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.''.
(c) Contractor Support.--Section 3687(c)(3) of the Energy
Employees Occupational Illness Compensation Program Act of
2000 (42 U.S.C. 7385s-16(c)(3)) is amended--
(1) by inserting ``or the Board'' after ``The Secretary'';
and
(2) by adding at the end the following: ``Upon request by
the Board for such support, the Secretary shall--
``(A) review and approve or deny the request; and
``(B) not later than 5 days after the request, notify the
Board and Congress, in writing--
``(i) that the Secretary received a request for such
support; and
``(ii) of the Secretary's decision regarding the request
and, in the case of a denied request, the reasons for the
denial.''.
(d) Provision of High-value Contract Information.--Section
3687(g) of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-16(g)) is
amended--
(1) by striking ``The Secretary of Energy'' and inserting
the following:
``(1) In general.--The Secretary of Energy''; and
(2) by adding at the end the following:
``(2) High-value administration contracts.--The Secretary
of Labor shall provide the Board with a copy of each contract
into which the Secretary enters under section 3681(b) that is
equal to or greater than $1,000,000.''.
SEC. 1099B. 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, 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 Academies of Sciences, Engineering,
and Medicine 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,
Department of Veterans Affairs, the Department of Defense,
and the heads of other executive agencies, to the extent that
such departments and agencies have responsibilities that are
related to the study of epidemiological, clinical, or health
impacts of exposures to toxic substances.
(f) Health Studies Reports.--Not later than 1 year after
the end of the funding period for research under this
section, each funding recipient shall prepare and submit to
the Secretary and the Advisory Board on Toxic Substances and
Worker Health a report that--
(1) summarizes the findings of the research; and
(2) includes recommendations for any additional studies.
(g) Assistance in Accessing Classified Information.--
(1) Establishment of process.--The Secretary, Secretary of
Energy, and Secretary of Labor shall jointly establish a
process regarding the handling of classified information
related to research supported under this section, which shall
include expeditiously providing individuals conducting such
research with appropriate security clearances, as needed and
to the extent possible pursuant to existing procedures and
requirements. Such process shall be informed by, and may be
similar to, the process established under section 3681(c)(3)
of the Energy Employees Occupational Illness Compensation Act
of 2000, as amended by this title.
(2) Report.--By not later than 1 year after the date of
enactment of this Act, the Secretary, Secretary of Energy,
and the Secretary of Labor shall jointly prepare and submit a
report to Congress and the Advisory Board on Toxic Substances
and Worker Health regarding the process established under
paragraph (1).
(h) 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 any classes of employees that the Secretary
determines qualify for inclusion in the Toxic Special
Exposure Cohort under section 3671A of the Energy Employees
Occupational Illness Compensation Program Act of 2000 (as
added by this title);
(B) designate, as the Secretary determines appropriate,
illnesses as covered illnesses under section 3671(2)(D) of
the Energy Employees Occupational Illness Compensation
Program Act of 2000 (42 U.S.C. 7385s(2)(D)); and
(C) prepare and submit to the relevant committees of
Congress and the Advisory Board on Toxic Substances and
Worker Health a report--
(i) summarizing the findings from the reports required
under subsection (f);
(ii) identifying the classes of employees designated under
subparagraph (A);
(iii) identifying any new illnesses that will be included
as covered illnesses, pursuant to subparagraph (B) and
section 3671(2)(D) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C.
7385s(2)(D)); and
(iv) 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, the Committee on Energy and Natural
Resources, and the Committee on Health, Education, Labor, and
Pensions of the Senate; and
(B) the Committee on Armed Services, Committee on
Appropriations, the Committee on Energy and Commerce, and the
Committee on Education and the Workforce of the House of
Representatives.
(i) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section such sums as may
be necessary for each of fiscal years 2025 through 2029.
SEC. 1099C. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE 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 1099, is further amended by inserting
after section 3614 the following:
``SEC. 3615. NATIONAL ACADEMIES OF SCIENCES, ENGINEERING, AND
MEDICINE REVIEW.
``(a) Purpose.--The purpose of this section is to enable
the National Academies of Sciences, Engineering, and
Medicine, 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 a report submitted under section 1099B(f) of
the Toxic Exposure Safety Act of 2024.
``(c) Agreement.--Not later than 60 days after the date on
which the health studies reports are due, the Secretary of
Health and Human Services shall enter into an agreement with
the National Academies of Sciences, Engineering, and Medicine
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 Academies of Sciences,
Engineering, and Medicine shall, for the period of the
agreement--
``(A) for each area recommended for additional study under
the health studies reports or the report to Congress under
section 1099B(g)(1)(C)(iv), review and summarize the
scientific evidence relating to the area, including--
``(i) studies by the Department of Energy, Department of
Labor, and Department of Veterans Affairs; 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
adverse health outcomes.
[[Page S4778]]
``(2) Scientific determinations concerning diseases.--In
conducting each review of scientific evidence under
subparagraphs (A) and (B) of paragraph (1), the National
Academies of Sciences, Engineering, and Medicine shall--
``(A) assess the strength of such evidence;
``(B) assess whether a statistical association between
exposure to a toxic substance and an adverse health outcome
exists, taking into account the strength of the scientific
evidence and the appropriateness of the methods used to
detect an association;
``(C) assess, to the extent possible, the risk of adverse
health outcomes 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, neoplastic, and oropharyngeal
diseases and chemical sensitivities; and
``(E) determine whether a plausible biological mechanism or
other evidence of a causal relationship exists between
exposure to the toxic substance and an adverse health
outcome.
``(e) Additional Scientific Studies.--If the National
Academies of Sciences, Engineering, and Medicine determine,
in the course of conducting the reviews 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 Academies
of Sciences, Engineering, and Medicine shall include, in the
next report submitted under subsection (f), recommendations
for areas of additional study, consisting of--
``(1) a list of health conditions 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 health conditions 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 2 years after the date
of the agreement under subsection (c), and every 2 years
thereafter for the duration of the agreement, the National
Academies of Sciences, Engineering, and Medicine shall
prepare and submit a report to--
``(A) the Secretary of Health and Human Services and the
Secretary of Labor;
``(B) the Committee on Health, Education, Labor, and
Pensions, the Committee on Energy and Natural Resources, and
the Committee on Appropriations of the Senate; and
``(C) the Committee on Natural Resources, the Committee on
Education and the Workforce, the Committee on Energy and
Commerce, and the Committee on Appropriations of the House of
Representatives.
``(2) Contents.--Each report submitted under paragraph (1)
shall include, for the 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
Academies of Sciences, Engineering, and Medicine 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 and in accordance
with the rules promulgated by the Secretary under section
3671A(b), may qualify for inclusion in the Toxic Special
Exposure Cohort under section 3671A; and
``(D) the identification of any illness that the National
Academies of Sciences, Engineering, and Medicine recommends,
as a result of the reviews and studies, that the Secretary of
Labor should designate as a covered illness under section
3671(2)(D).
``(3) Review of illness recommendations.--Upon receipt of a
report under paragraph (1), the Secretary of Labor, after
consultation with the Secretary of Health and Human Services,
shall--
``(A) review each covered illness recommendation by the
National Academies of Sciences, Engineering, and Medicine
under paragraph (2)(D); and
``(B) for each such recommendation and after consultation
with the Advisory Board on Toxic Substances and Worker
Health--
``(i) designate the illness as a covered illness under
section 3671(2)(D); or
``(ii) determine that such illness does not qualify as a
covered illness and submit an explanation for such
determination to the committees of Congress described in
subparagraphs (B) and (C) of paragraph (1).
``(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) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section such
sums as may be necessary.
``(i) Sunset.--This section shall cease to be effective 10
years after the last day of the fiscal year in which the
National Academies of Sciences, Engineering, and Medicine
transmits to the Secretary the first report under subsection
(f).''.
SEC. 1099D. EEOICPA PROGRAM OUTREACH.
(a) Mailing Lists; Shared Privacy Release Form.--Section
3686 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-15) is
amended--
(1) in subsection (f)--
(A) by striking ``The Secretary of Labor'' and inserting
the following:
``(1) In general.--The Secretary of Labor''; and
(B) by adding at the end the following:
``(2) Mailing lists and participant rolls.--The Secretary
of Labor and the Secretary of Energy shall--
``(A) by not later than 30 days after the date of enactment
of the Toxic Exposure Safety Act of 2024, provide to the
Ombudsman the mailing lists and rolls of participants for the
programs under this subtitle and subtitle B, to enable the
Ombudsman to engage in effective outreach; and
``(B) on a semiannual basis, update such mailing lists and
rolls and share such updates with the Ombudsman.''; and
(2) by adding at the end the following:
``(h) Shared Privacy Release Forms.--To the extent that the
Secretary of Labor requires a claimant or potential claimant
under this subtitle or subtitle B to complete a privacy
release form, the Secretary shall ensure that such privacy
release form can be used by, and is shared with, the
Ombudsman, in order to reduce the burden on the claimant or
potential claimant.''.
(b) Report Regarding Unenrolled Qualified Individuals.--
(1) In general.--By not later than 1 year after the date of
enactment of this title, the Secretary of Labor, after
consultation with the Secretary of Energy, shall prepare a
report regarding the number of individuals who may qualify
for benefits under the programs carried out under subtitle B
or E of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7384l; 7385s),
but have not, as of the date of the study, enrolled in such
programs.
(2) Report.--The Secretary of Labor shall submit the report
required under paragraph (1) to--
(A) the Committee on Armed Services, the Committee on
Health, Education, Labor, and Pensions, the Committee on
Energy and Natural Resources, and the Committee on
Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on
Education and the Workforce, the Committee on Energy and
Commerce, and the Committee on Appropriations of the House of
Representatives
SEC. 1099E. CLASSIFIED INFORMATION.
Section 3681(c) of the Energy Employees Occupational
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-
10(c)) is amended by adding at the end the following:
``(3) Classified Information.--
``(A) In general.--By not later than 1 year after the date
of enactment of the Toxic Exposure Safety Act of 2024, the
Secretary of Energy and the Secretary shall jointly establish
a process regarding the handling of classified information
related to claims under this subtitle and subtitle B, which
shall include expeditiously providing employees or
contractors of the Department of Labor with appropriate
security clearances, as needed and to the extent possible
pursuant to existing procedures and requirements.
``(B) Report.--By not later than 1 year after the date of
enactment of the Toxic Exposure Safety Act of 2024, the
Secretary of Energy and the Secretary shall jointly prepare
and submit a report to Congress and the Advisory Board on
Toxic Substances and Worker Health regarding the process
established under subparagraph (A).''.
SEC. 1099F. 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 Academies of Sciences, Engineering, and Medicine
review.'';
and
(C) by inserting after section 3651 the following:
``Subtitle E--Contractor Employee Compensation
``Sec. 3671. Definitions.
``Sec. 3671A. Establishment of the Toxic Special Exposure Cohort.
``Sec. 3672. Compensation to be provided.
``Sec. 3673. Compensation schedule for contractor employees.
``Sec. 3674. Compensation schedule for survivors.
``Sec. 3675. Determinations regarding contraction of covered illnesses.
``Sec. 3676. Applicability to certain uranium employees.
``Sec. 3677. Administrative and judicial review.
``Sec. 3678. Physicians services.
``Sec. 3679. Medical benefits.
``Sec. 3680. Attorney fees.
``Sec. 3681. Administrative matters.
``Sec. 3681A. Completion and updates of site exposure matrices.
``Sec. 3682. Coordination of benefits with respect to State workers
compensation.
[[Page S4779]]
``Sec. 3683. Maximum aggregate compensation.
``Sec. 3684. Funding of administrative costs.
``Sec. 3685. Payment of compensation and benefits from compensation
fund.
``Sec. 3686. Office of Ombudsman.
``Sec. 3687. Advisory Board on Toxic Substances and Worker Health.'';
and
(2) in each of subsections (b)(1) and (c) of section 3612,
by striking ``3614(b)'' and inserting ``3616(b)''.
______