; 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: 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