Sec. 2. Establishing a Toxic Special Exposure Cohort
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Section 3671 of the Energy Employees Occupational Illness Compensation Program Act of 2000 ( 42 U.S.C. 7385s ) is amended— in paragraph (1)— by striking employee determined under and inserting the following: employee determined— under ; by striking the period at the end and inserting ; or ; and by adding at the end the following: to have contracted a covered illness and be a member of the Toxic Special Exposure Cohort established under section 3671A. ; and by striking paragraph
(2)and inserting the following: The term covered illness means an occupational illness or death resulting from exposure to a toxic substance, including— all forms of cancer; mesothelioma; pneumoconiosis, including silicosis, asbestosis, and other pneumoconiosis, and other asbestos-related diseases, including asbestos-related pleural disease; 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 any additional illness that the Secretary of Health and Human Services designates by regulation, as such Secretary determines appropriate based on— the results of the report under section 3671A(c); and the determinations made by such Secretary in establishing a Toxic Special Exposure Cohort under section 3671A. . 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: The Secretary of Health and Human Services, acting through the Director of the Centers for Disease Control and Prevention— shall establish a Toxic Special Exposure Cohort; and 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. 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— 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— who were at least as likely as not exposed to toxic substances at a Department of Energy facility; and 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 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. 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 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. The minimum duration of work required to qualify for the Toxic Special Exposure Cohort established under subsection (a)(1). The class of employees that are designated as members in the Toxic Special Exposure Cohort. In this subsection, the term relevant committees of Congress means— 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 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. . 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: A Department of Energy employee or atomic weapons employee who— has contracted a covered illness (as defined in section 3671); and satisfies the requirements established by the Secretary of Health and Human Services for the Toxic Special Exposure Cohort under section 3671A. . 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.
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- 42 USC 7385s–4(c)(1)
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Sec. 2
Establishing a Toxic Special Exposure Cohort
Cite42 USC 7385s–4(c)(1)
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