[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)''.
                                 ______