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[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7852 Introduced in House (IH)]

<DOC>

116th CONGRESS
  2d Session
                                H. R. 7852

    To establish a presumption of occupational disease for certain 
 employees at the Department of Energy's Radioactive Waste Management 
    Complex, to refine the definition of compensable illnesses, to 
         establish a research program, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2020

   Mr. Smith of Washington introduced the following bill; which was 
  referred to the Committee on the Judiciary, and in addition to the 
   Committees on Education and Labor, and Energy and Commerce, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL

 
    To establish a presumption of occupational disease for certain 
 employees at the Department of Energy's Radioactive Waste Management 
    Complex, to refine the definition of compensable illnesses, to 
         establish a research program, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Toxic Exposure Safety Act of 2020''.

SEC. 2. 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) mesothelioma;
                    ``(C) pneumoconiosis, including silicosis, 
                asbestosis, and other pneumoconiosis, and other 
                asbestos-related diseases, including asbestos-related 
                pleural disease;
                    ``(D) any illness identified in a health studies 
                report under section 5(f)(4) of the Toxic Exposure 
                Safety Act of 2020 or a report under section 
                3615(f)(2)(D); 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 2020, 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 dose 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 2020, 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, Committee on 
                Appropriations, 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, Committee on Energy and Commerce, and 
                the Committee on Education and Labor 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 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. 3. 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--
            ``(1) the toxic substances or processes that were commonly 
        used in each building or process of the facility, including the 
        trade name (if any) of the substance; and
            ``(2) the time frame during which the potential for 
        exposure to toxic substances existed at such facility.
    ``(b) In General.--Not later than 180 days after the date of 
enactment of the Toxic Exposure Safety Act of 2020, the Secretary of 
Labor shall, in coordination with the Secretary of Energy, create or 
update site exposure matrices for each Department of Energy facility 
based on the records, files, and other data provided by the Secretary 
of Energy and such other information as is available, including 
information available from the former worker medical screening programs 
of the Department of Energy.
    ``(c) Periodic Update.--Beginning 90 days after the initial 
creation or update described in subsection (b), and each 90 days 
thereafter, the Secretary shall update the site exposure matrices with 
all information available as of such time from the Secretary of Energy.
    ``(d) Information.--The Secretary of Energy shall furnish to the 
Secretary of Labor any information that the Secretary of Labor finds 
necessary or useful for the production of the site exposure matrices 
under this section, including records from the Department of Energy 
former worker medical screening program.
    ``(e) Public Availability.--The Secretary of Labor shall make 
available to the public, on the primary website of the Department of 
Labor--
            ``(1) the site exposure matrices, as periodically updated 
        under subsections (b) and (c);
            ``(2) each site profile prepared under section 3633(a);
            ``(3) any other database used by the Secretary of Labor to 
        evaluate claims for compensation under this Act; 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 illnesses claimed;
                    ``(C) the number of claims filed for each illness 
                and, for each claim, whether the claim was approved or 
                denied;
                    ``(D) the number of claimants receiving 
                compensation; and
                    ``(E) the length of time required to process each 
                claim, as measured from the date on which the claim is 
                filed to the final disposition of the claim.
    ``(f) Funding.--There is authorized and hereby appropriated to the 
Secretary of Energy, for fiscal year 2021 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. 4. ASSISTING CURRENT AND FORMER EMPLOYEES UNDER THE EEOICPA.

    (a) Providing Information and Outreach.--Subtitle A of the Energy 
Employees Occupational Illness Compensation Program Act of 2000 (42 
U.S.C. 7384d et seq.) is amended--
            (1) by redesignating section 3614 as section 3616; and
            (2) by inserting after section 3613 the following:

``SEC. 3614. INFORMATION AND OUTREACH.

    ``(a) Establishment of Toll-Free Information Phone Number.--By not 
later than January 1, 2022, the Secretary of Labor shall establish a 
toll-free phone number that current or former employees of the 
Department of Energy, or current or former Department of Energy 
contractor employees, may use in order to receive information 
regarding--
            ``(1) the compensation program under subtitle B or E;
            ``(2) information regarding the process of submitting a 
        claim under either compensation program;
            ``(3) assistance in completing the occupational health 
        questionnaire required as part of a claim under subtitle B or 
        E;
            ``(4) the next steps to take if a claim under subtitle B or 
        E is accepted or denied; and
            ``(5) such other information as the Secretary determines 
        necessary to further the purposes of this title.
    ``(b) Establishment of Resource and Advocacy Centers.--
            ``(1) In general.--By not later than January 1, 2022, the 
        Secretary of Energy, in coordination with the Secretary of 
        Labor, shall establish a resource and advocacy center at each 
        Department of Energy facility where cleanup operations are 
        being carried out, or have been carried out, under the 
        environmental management program of the Department of Energy. 
        Each such resource and advocacy center shall assist current or 
        former Department of Energy employees and current or former 
        Department of Energy contractor employees, by enabling the 
        employees and contractor employees to--
                    ``(A) receive information regarding all related 
                programs available to them relating to potential claims 
                under this title, including--
                            ``(i) programs under subtitles B and E; and
                            ``(ii) the former worker medical screening 
                        program of the Department of Energy; and
                    ``(B) navigate all such related programs.
            ``(2) Coordination.--The Secretary of Energy shall 
        integrate other programs available to current and former 
        employees, and current or former Department of Energy 
        contractor employees, which are related to the purposes of this 
        title, with the resource and advocacy centers established under 
        paragraph (1), as appropriate.
    ``(c) Information.--The Secretary of Labor shall develop and 
distribute, through the resource and advocacy centers established under 
subsection (b) and other means, information (which may include 
responses to frequently asked questions) for current or former 
employees or current or former Department of Energy contractor 
employees about the programs under subtitles B and E and the claims 
process under such programs.
    ``(d) Copy of Employee's Claims Records.--
            ``(1) In general.--The Secretary of Labor shall, upon the 
        request of a current or former employee or Department of Energy 
        contractor employee, provide the employee with a complete copy 
        of all records or other materials held by the Department of 
        Labor relating to the employee's claim under subtitle B or E.
            ``(2) Choice of format.--The Secretary of Labor shall 
        provide the copy of records described in paragraph (1) to an 
        employee in electronic or paper form, as selected by the 
        employee.
    ``(e) Contact of Employees by Industrial Hygienists.--The Secretary 
of Labor shall allow industrial hygienists to contact current or former 
employees or Department of Energy contractor employees regarding the 
employee's claim under subtitle B or E.''.
    (b) Extending Appeal Period.--Section 3677(a) of the Energy 
Employees Occupational Illness Compensation Program Act of 2000 (42 
U.S.C. 7385s-6(a)) is amended by striking ``60 days'' and inserting 
``180 days''.
    (c) Funding.--Section 3684 of the Energy Employees Occupational 
Illness Compensation Program Act of 2000 (42 U.S.C. 7385s-13) is 
amended--
            (1) by striking ``There is authorized'' and inserting the 
        following:
    ``(a) In General.--There is authorized'';
            (2) by inserting before the period at the end the 
        following: ``, including the amounts necessary to carry out the 
        requirements of section 3681A''; and
            (3) by adding at the end the following:
    ``(b) Administrative Costs for Department of Energy.--There is 
authorized and hereby appropriated to the Secretary of Energy for 
fiscal year 2021 and each succeeding year such sums as may be necessary 
to support the Secretary in carrying out the requirements of this 
title, including section 3681A.''.
    (d) Extending the Authorization of the EEOICPA Ombudsman.--Section 
3686(h) of the Energy Employees Occupational Illness Compensation 
Program Act of 2000 (42 U.S.C. 7385s-15(h)) is amended by striking 
``October 28, 2019'' and inserting ``October 28, 2024''.
    (e) Advisory Board on Toxic Substances and Worker Health.--Section 
3687 of the Energy Employees Occupational Illness Compensation Program 
Act of 2000 (42 U.S.C. 7385s-16) is amended--
            (1) in subsection (b)--
                    (A) in paragraph (1)(F), by striking ``and'' after 
                the semicolon;
                    (B) in paragraph (2), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
            ``(3) develop recommendations for the Secretary of Health 
        and Human Services regarding--
                    ``(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 for 
                whom it is not feasible to estimate with sufficient 
                accuracy the dose they received; 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 provide the Secretary with 
        recommendations for new rules and guidelines regarding 
        presumption of causation.'';
            (2) in subsection (c)(3), by inserting ``or the Board'' 
        after ``The Secretary'';
            (3) by redesignating subsections (h) and (i) as subsections 
        (i) and (j), respectively; and
            (4) by inserting after subsection (g) the following:
    ``(h) Required Responses to Board Recommendations.--Not later than 
90 days after the date on which the Secretary of Labor and the 
Secretary of Health and Human Services 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.''.

SEC. 5. RESEARCH PROGRAM ON EPIDEMIOLOGICAL IMPACTS OF TOXIC EXPOSURES.

    (a) Definitions.--In this section--
            (1) the term ``Department of Energy facility'' has the 
        meaning given the term in section 3621 of the Energy Employees 
        Occupational Illness Compensation Program Act of 2000 (42 
        U.S.C. 7384l);
            (2) the term ``institution of higher education'' has the 
        meaning given such term in section 101 of the Higher Education 
        Act of 1965 (20 U.S.C. 1001); and
            (3) the term ``Secretary'' means the Secretary of Health 
        and Human Services.
    (b) Establishment.--The Secretary, acting through the Director of 
the National Institute of Environmental Health Sciences and in 
collaboration with the Director of the Centers for Disease Control and 
Prevention, shall conduct or support research on the epidemiological 
impacts of exposures to toxic substances at Department of Energy 
facilities.
    (c) Use of Funds.--Research under subsection (b) may include 
research on the epidemiological, clinical, or health impacts on 
individuals who were exposed to toxic substances in or near the tank 
farms and other relevant Department of Energy facilities through their 
work at such sites.
    (d) Eligibility and Application.--Any institution of higher 
education or the National Academy of Sciences may apply for funding 
under this section by submitting to the Secretary an application at 
such time, in such manner, and containing or accompanied by such 
information as the Secretary may require.
    (e) Research Coordination.--The Secretary shall coordinate 
activities under this section with similar activities conducted by the 
Department of Health and Human Services to the extent that other 
agencies have responsibilities that are related to the study of 
epidemiological, clinical, or health impacts of exposures to toxic 
substances.
    (f) Health Studies Report to Secretary.--Not later than 1 year 
after the end of the funding period for research under this section, 
the funding recipient shall prepare and submit to the Secretary a final 
report that--
            (1) summarizes the findings of the research;
            (2) includes recommendations for any additional studies;
            (3) describes any classes of employees that, based on the 
        results of the study and in accordance with the rules 
        promulgated by the Secretary under section 3671A(b) of the 
        Energy Employees Occupational Illness Compensation Program Act 
        of 2000 (as added by this Act), qualify for inclusion in the 
        Toxic Special Exposure Cohort under such section 3671A; and
            (4) describes any illnesses to be included 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)).
    (g) Report to Congress.--
            (1) In general.--Not later than 120 days after the date on 
        which the reports under subsection (f) are due, the Secretary 
        shall--
                    (A) designate all classes of employees described in 
                the report under subsection (f)(3) as members of the 
                Toxic Special Exposure Cohort under section 3671A of 
                the Energy Employees Occupational Illness Compensation 
                Program Act of 2000 (as added by this Act);
                    (B) prepare and submit to the relevant committees 
                of Congress a report--
                            (i) summarizing the findings from the 
                        reports required under subsection (f);
                            (ii) identifying the classes of employees 
                        designated under subparagraph (A);
                            (iii) identifying any new illnesses that, 
                        as a result of the study, will be included as 
                        covered illnesses, pursuant to subsection 
                        (f)(4) and section 3671(2)(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, 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, Committee on Energy and Commerce, and 
                the Committee on Education and Labor of the House of 
                Representatives.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $3,000,000 for each of fiscal 
years 2021 through 2025.

SEC. 6. NATIONAL ACADEMY OF SCIENCES REVIEW.

    Subtitle A of the Energy Employees Occupational Illness 
Compensation Program Act of 2000 (42 U.S.C. 7384d et seq.), as amended 
by section 4, is further amended by inserting after section 3614 the 
following:

``SEC. 3615. NATIONAL ACADEMY OF SCIENCES REVIEW.

    ``(a) Purpose.--The purpose of this section is to enable the 
National Academy of Sciences, a non-Federal entity with appropriate 
expertise, to review and evaluate the available scientific evidence 
regarding associations between diseases and exposure to toxic 
substances found at Department of Energy cleanup sites.
    ``(b) Definitions.--In this section:
            ``(1) Department of energy cleanup site.--The term 
        `Department of Energy cleanup site' means a Department of 
        Energy facility where cleanup operations are being carried out, 
        or have been carried out, under the environmental management 
        program of the Department of Energy.
            ``(2) Health studies report.--The term `health studies 
        report' means the report submitted under section 5(f) of the 
        Toxic Exposure Safety Act of 2020.
    ``(c) Agreement.--Not later than 60 days after the issuance of the 
health studies report, the Secretary of Health and Human Services shall 
enter into an agreement with the National Academy of Sciences to carry 
out the requirements of this section.
    ``(d) Review of Scientific and Medical Evidence.--
            ``(1) In general.--Under the agreement described in 
        subsection (c), the National Academy of Sciences shall, for the 
        period of the agreement--
                    ``(A) for each area recommended for additional 
                study under the health studies report under section 
                5(f)(2) of the Toxic Exposure Safety Act of 2020, 
                review and summarize the scientific evidence relating 
                to the area, including--
                            ``(i) studies by the Department of Energy 
                        and Department of Labor; and
                            ``(ii) any other available and relevant 
                        scientific studies, to the extent that such 
                        studies are relevant to the occupational 
                        exposures that have occurred at Department of 
                        Energy cleanup sites; and
                    ``(B) review and summarize the scientific and 
                medical evidence concerning the association between 
                exposure to toxic substances found at Department of 
                Energy cleanup sites and resultant diseases.
            ``(2) Scientific determinations concerning diseases.--In 
        conducting each review of scientific evidence under 
        subparagraphs (A) and (B) of paragraph (1), the National 
        Academy of Sciences shall--
                    ``(A) assess the strength of such evidence;
                    ``(B) assess whether a statistical association 
                between exposure to a toxic substance and a disease 
                exists, taking into account the strength of the 
                scientific evidence and the appropriateness of the 
                statistical and epidemiological methods used to detect 
                an association;
                    ``(C) assess the increased risk of disease among 
                those exposed to the toxic substance during service 
                during the production and cleanup eras of the 
                Department of Energy cleanup sites;
                    ``(D) survey the impact to health of the toxic 
                substance, focusing on renal, liver, neurological, 
                skin, respiratory, ear, nose, eye, and throat diseases, 
                including dementia, chemical sensitivities, and 
                emphysema; and
                    ``(E) determine whether a plausible biological 
                mechanism or other evidence of a causal relationship 
                exists between exposure to the toxic substance and 
                disease.
    ``(e) Additional Scientific Studies.--If the National Academy of 
Sciences determines, in the course of conducting the studies under 
subsection (d), that additional studies are needed to resolve areas of 
continuing scientific uncertainty relating to toxic exposure at 
Department of Energy cleanup sites, the National Academy of Sciences 
shall include, in the next report submitted under subsection (f), 
recommendations for areas of additional study, consisting of--
            ``(1) a list of diseases and toxins that require further 
        evaluation and study;
            ``(2) a review the current information available, as of the 
        date of the report, relating to such diseases and toxins;
            ``(3) the value of the information that would result from 
        the additional studies; and
            ``(4) the cost and feasibility of carrying out additional 
        studies.
    ``(f) Reports.--
            ``(1) In general.--By not later than 18 months after the 
        date of the agreement under subsection (c), and every 2 years 
        thereafter, the National Academy of Sciences shall prepare and 
        submit a report to--
                    ``(A) the Secretary;
                    ``(B) the Committee on Health, Education, Labor, 
                and Pensions and the Committee on Energy and Natural 
                Resources of the Senate; and
                    ``(C) the Committee on Natural Resources, the 
                Committee on Education and Labor, and the Committee on 
                Energy and Commerce of the House of Representatives.
            ``(2) Contents.--Each report submitted under paragraph (1) 
        shall include, for the 18-month or 2-year period covered by the 
        report--
                    ``(A) a description of--
                            ``(i) the reviews and studies conducted 
                        under this section;
                            ``(ii) the determinations and conclusions 
                        of the National Academy of Sciences with 
                        respect to such reviews and studies; and
                            ``(iii) the scientific evidence and 
                        reasoning that led to such conclusions;
                    ``(B) the recommendations for further areas of 
                study made under subsection (e) for the reporting 
                period;
                    ``(C) a description of any classes of employees 
                that, based on the results of the reviews and studies 
                and in accordance with the rules promulgated by the 
                Secretary under section 3671A(b), qualify for inclusion 
                in the Toxic Special Exposure Cohort under such section 
                3671A; and
                    ``(D) the identification of any illness that the 
                National Academy of Sciences has determined, as a 
                result of the reviews and studies, should be a covered 
                illness under section 3671(2)(D).
    ``(g) Limitation on Authority.--The authority to enter into 
agreements under this section shall be effective for a fiscal year to 
the extent that appropriations are available.
    ``(h) Sunset.--This section shall cease to be effective 10 years 
after the last day of the fiscal year in which the National Academy of 
Sciences transmits to the Secretary the first report under subsection 
(f).''.

SEC. 7. CONFORMING AMENDMENTS.

    The Energy Employees Occupational Illness Compensation Program Act 
of 2000 (42 U.S.C. 7384 et seq.) is amended--
            (1) in the table of contents--
                    (A) by redesignating the item relating to section 
                3614 as the item relating to section 3616;
                    (B) by inserting after the item relating to section 
                3613 the following:

``Sec. 3614. Information and outreach.
``Sec. 3615. National Academy of Sciences review.'';
                    (C) by inserting after the item relating to section 
                3671 the following:

``Sec. 3671A. Establishment of the Toxic Special Exposure Cohort.'';
                and
                    (D) by inserting after the item relating to section 
                3681 the following:

``Sec. 3681A. Completion and updates of site exposure matrices.'';
                and
            (2) in each of subsections (b)(1) and (c) of section 3612, 
        by striking ``3614(b)'' and inserting ``3616(b)''.
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