---
kind: "section"
citation: "42 C.F.R. § 83.17"
title: "42"
number: "83.17"
heading: "How will the Secretary report a final decision to add a class of employees to the Cohort and any action of Congress concerning the effect of the final decision?"
url: "https://uscodex.org/cfr/42/83.17"
---

# §83.17. How will the Secretary report a final decision to add a class of employees to the Cohort and any action of Congress concerning the effect of the final decision?

- (a) If the Secretary designates a class of employees to be added to the Cohort, the Secretary will transmit to Congress a report providing the designation, the definition of the class of employees covered by the designation, and the criteria and findings upon which the designation was based. 4
- (b) If, under [§ 83.15(e)](/cfr/42/83.15.md?p=e), the Board recommends that the Secretary designate a class covered by the petition as an addition to the Cohort, and if, under [paragraph (b)](/cfr/42/83.16.md?p=b) of § 83.16, the Secretary decides to add a class to the Cohort that is inclusive of the class as defined by the Board, then the Secretary will transmit to Congress the report specified in [paragraph (a)](#a) of this section within 30 calendar days following receipt by the Secretary of the recommendation of the Board.
- (c) A designation of the Secretary will take effect 30 calendar days after the date on which the report of the Secretary under [paragraph (a)](#a) of this section is submitted to Congress, or is deemed to have been submitted to Congress, 5 unless Congress takes an action that reverses or expedites the designation.
- (d) After either the expiration of the congressional review period or notification of final congressional action, whichever comes first, the Secretary will transmit to DOL and to the petitioner(s) a report providing the definition of the class and one of the following outcomes:
  - (1) The addition of the class to the Cohort; or
  - (2) The result of any action by Congress to reverse or expedite the decision of the Secretary to add the class to the Cohort.
- (e) The report specified under [paragraph (d)](#d) of this section will be published on the Internet at http://www.cdc.gov/niosh/ocas and in the Federal Register.

## Notes

### Amendments

[69 FR 30780, May 28, 2004, as amended at 70 FR 75953, Dec. 22, 2005]

### Authority

Authority: 42 U.S.C. 7384q; E.O. 13179, 65 FR 77487, 3 CFR, 2000 Comp., p. 321.

### Source

Source: 69 FR 30780, May 28, 2004, unless otherwise noted.

### Amendments

[69 FR 30780, May 28, 2004, as amended at 70 FR 75953, Dec. 22, 2005]