S.Amdt. 2461Senate118th Congress (2023-2025)
S.Amdt. 2461
Sponsored by
Sen. Patty Murray (D-WA)
Submitted July 11, 2024
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Senate amendment submitted
July 11, 2024
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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)''. ______