PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1371
 

SEC. 3143. REPEAL OF DUPLICATIVE PROVISION RELATING TO DUAL 

OFFICE HOLDING BY PERSONNEL OF NATIONAL NUCLEAR 

SECURITY ADMINISTRATION. 

Section 3245 of the National Nuclear Security Administration 

Act (50 U.S.C. 2443), as added by section 315 of the Energy and 

Water Development Appropriations Act, 2001 (as enacted into law 

by Public Law 106–377; 114 Stat. 1441B–23), is repealed. 

SEC. 3144. REPORT ON ADEQUACY OF FEDERAL PAY AND HIRING 

AUTHORITIES TO MEET PERSONNEL REQUIREMENTS OF 

NATIONAL NUCLEAR SECURITY ADMINISTRATION. 

(a) REPORT REQUIRED.—Not later than March 1, 2002, the Deadline. 

Administrator for Nuclear Security shall submit to the congressional 

committees specified in subsection (b) a report on the adequacy 

of Federal pay and hiring authorities to meet the personnel requirements of the National Nuclear Security Administration. The report 

shall include the following: 

(1) A description of the Federal pay and hiring authorities
 

available to the Administrator.
 

(2) A description of the Federal pay and hiring authorities
 

that are not available to the Administrator, and an explanation
 

why such authorities are not available.
 

(3) If any Federal pay and hiring authorities referred to
 

in paragraph (1) are not being used, an explanation why such
 

authorities are not being used.
 

(4) An assessment of whether or not existing Federal pay
 

and hiring authorities are adequate or inadequate to meet
 

the personnel requirements of the Administration.
 

(5) Any recommendations that the Administrator considers
 

appropriate for modifications or enhancements of existing Federal pay and hiring authorities in order to meet the personnel
 

requirements of the Administration.
 

(6) Any recommendations that the Administrator considers
 

appropriate for new Federal pay and hiring authorities in order
 

to meet the personnel requirements of the Administration.
 

(7) A plan for structuring the pay and hiring authorities
 

with respect to the Federal workforce of the Administration
 

so to ensure that such workforce meets applicable requirements
 

of the most current five-year program plan for the Administration.
 

(b) SPECIFIED COMMITTEES.—The congressional committees 

referred to in subsection (a) are the following: 

(1) The Committee on Armed Services and the Committee
 

on Governmental Affairs of the Senate.
 

(2) The Committee on Armed Services and the Committee
 

on Government Reform of the House of Representatives.
 

Subtitle E—Other Matters 

SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL 

ILLNESS COMPENSATION PROGRAM. 

(a) AMENDMENTS TO ENERGY EMPLOYEES PROGRAM.—The 

Energy Employees Occupational Illness Compensation Program Act 

of 2000 (title XXXVI of the Floyd D. Spence National Defense 

Authorization Act for Fiscal Year 2001 (as enacted into law by 

115 STAT. 1372 PUBLIC LAW 107–107—DEC. 28, 2001
 

Public Law 106–398; 114 Stat. 1654A–394); 42 U.S.C. 7384 et 

seq.) is amended as follows: 

(1) CERTAIN LEUKEMIA AS SPECIFIED CANCER.—Section 

3621(17) (114 Stat. 1654A–502; 42 U.S.C. 7384l(17)), as 

amended by section 2403 of the Supplemental Appropriations 

Act, 2001 (Public Law 107–20; 115 Stat. 175), is further 

amended by adding at the end the following new subparagraph: ‘‘(D) Leukemia (other than chronic lymphocytic leukemia), if initial occupational exposure occurred before 21 

years of age and onset occurred more than two years after 

initial occupational exposure.’’. (2) ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT.— Section 3626(b) (114 Stat. 1654A–505; 42 U.S.C. 7384q(b)) is 

amended in the matter preceding paragraph (1) by inserting 

after ‘‘Department of Energy facility’’ the following: ‘‘, or at 

an atomic weapons employer facility,’’. (3) ESTABLISHMENT OF CHRONIC SILICOSIS.—Section 

3627(e)(2)(A) (114 Stat. 1654A–506; 42 U.S.C. 7384r(e)(2)(A)) 

is amended by striking ‘‘category 1/1’’ and inserting ‘‘category 

1/0’’. 

(4) SURVIVORS.— 

(A) Section 3628(e) (114 Stat. 1654A–506; 42 U.S.C. 

7384s(e)) is amended to read as follows: 

‘‘(e) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(1) In 

the case of a covered employee who is deceased at the time of 

payment of compensation under this section, whether or not the 

death is the result of the covered employee’s occupational illness, 

such payment may be made only as follows: 

‘‘(A) If the covered employee is survived by a spouse who 

is living at the time of payment, such payment shall be made 

to such surviving spouse. 

‘‘(B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to 

all children of the covered employee who are living at the 

time of payment. ‘‘(C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to 

the parents of the covered employee who are living at the 

time of payment. 

‘‘(D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of 

the covered employee who are living at the time of payment. 

‘‘(E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment 

shall be made in equal shares to the grandparents of the 

covered employee who are living at the time of payment. 

‘‘(F) Notwithstanding the other provisions of this paragraph, if there is— 

‘‘(i) a surviving spouse described in subparagraph (A); 

and 

‘‘(ii) at least one child of the covered employee who 

is living and a minor at the time of payment and who 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1373
 

is not a recognized natural child or adopted child of such 

surviving spouse, 

then half of such payment shall be made to such surviving 

spouse, and the other half of such payment shall be made 

in equal shares to each child of the covered employee who 

is living and a minor at the time of payment. 

‘‘(2) If a covered employee eligible for payment dies before 

filing a claim under this title, a survivor of that employee who 

may receive payment under paragraph (1) may file a claim for 

such payment. 

‘‘(3) For purposes of this subsection— 

‘‘(A) the ‘spouse’ of an individual is a wife or husband 

of that individual who was married to that individual for at 

least one year immediately before the death of that individual; 

‘‘(B) a ‘child’ includes a recognized natural child, a stepchild 

who lived with an individual in a regular parent-child relationship, and an adopted child; 

‘‘(C) a ‘parent’ includes fathers and mothers through adoption; 

‘‘(D) a ‘grandchild’ of an individual is a child of a child 

of that individual; and 

‘‘(E) a ‘grandparent’ of an individual is a parent of a parent 

of that individual.’’. 

(B) Section 3630(e) (114 Stat. 1654A–507; 42 U.S.C. 

7384u(e)) is amended to read as follows: 

‘‘(e) PAYMENTS IN THE CASE OF DECEASED PERSONS.—(1) In 

the case of a covered employee who is deceased at the time of 

payment of compensation under this section, whether or not the 

death is the result of the covered employee’s occupational illness, 

such payment may be made only as follows: 

‘‘(A) If the covered employee is survived by a spouse who 

is living at the time of payment, such payment shall be made 

to such surviving spouse. 

‘‘(B) If there is no surviving spouse described in subparagraph (A), such payment shall be made in equal shares to 

all children of the covered employee who are living at the 

time of payment. 

‘‘(C) If there is no surviving spouse described in subparagraph (A) and if there are no children described in subparagraph (B), such payment shall be made in equal shares to 

the parents of the covered employee who are living at the 

time of payment. 

‘‘(D) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B) or parents described in subparagraph (C), such payment shall be made in equal shares to all grandchildren of 

the covered employee who are living at the time of payment. 

‘‘(E) If there is no surviving spouse described in subparagraph (A), and if there are no children described in subparagraph (B), parents described in subparagraph (C), or grandchildren described in subparagraph (D), then such payment 

shall be made in equal shares to the grandparents of the 

covered employee who are living at the time of payment. 

‘‘(F) Notwithstanding the other provisions of this paragraph, if there is— 

‘‘(i) a surviving spouse described in subparagraph (A); 

and 

115 STAT. 1374 PUBLIC LAW 107–107—DEC. 28, 2001
 

‘‘(ii) at least one child of the covered employee who 

is living and a minor at the time of payment and who 

is not a recognized natural child or adopted child of such 

surviving spouse, 

then half of such payment shall be made to such surviving 

spouse, and the other half of such payment shall be made 

in equal shares to each child of the covered employee who 

is living and a minor at the time of payment. 

‘‘(2) If a covered employee eligible for payment dies before 

filing a claim under this title, a survivor of that employee who 

may receive payment under paragraph (1) may file a claim for 

such payment. 

‘‘(3) For purposes of this subsection— 

‘‘(A) the ‘spouse’ of an individual is a wife or husband 

of that individual who was married to that individual for at 

least one year immediately before the death of that individual; 

‘‘(B) a ‘child’ includes a recognized natural child, a stepchild 

who lived with an individual in a regular parent-child relationship, and an adopted child; 

‘‘(C) a ‘parent’ includes fathers and mothers through adoption; 

‘‘(D) a ‘grandchild’ of an individual is a child of a child 

of that individual; and 

‘‘(E) a ‘grandparent’ of an individual is a parent of a parent 

of that individual.’’. 

(C) Paragraph (18) of section 3621 (114 Stat. 1654A– 

502; 42 U.S.C. 7384l) is repealed. 

Effective date. (D) The amendments made by this paragraph shall

42 USC 7384l take effect on July 1, 2001. note. (5) ELECTION OF REMEDIES.—Section 3645 (114 Stat. 

1654A–510; 42 U.S.C. 7385d) is amended by amending subsections (a) through (d) to read as follows: 

‘‘(a) EFFECT OF TORT CASES FILED BEFORE ENACTMENT OF 

ORIGINAL LAW.—(1) Except as provided in paragraph (2), if an 

otherwise eligible individual filed a tort case specified in subsection 

(d) before October 30, 2000, such individual shall be eligible for 

compensation and benefits under subtitle B. 

‘‘(2) If such tort case remained pending as of the date of the 

enactment of the National Defense Authorization Act for Fiscal 

Year 2002, and such individual does not dismiss such tort case 

before December 31, 2003, such individual shall not be eligible 

for such compensation or benefits. 

‘‘(b) EFFECT OF TORT CASES FILED BETWEEN ENACTMENT OF 

ORIGINAL LAW AND ENACTMENT OF 2001 AMENDMENTS.—(1) Except 

as provided in paragraph (2), if an otherwise eligible individual 

filed a tort case specified in subsection (d) during the period beginning on October 30, 2000, and ending on the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2002, 

such individual shall not be eligible for such compensation or benefits. 

‘‘(2) If such individual dismisses such tort case on or before 

the last permissible date specified in paragraph (3), such individual 

shall be eligible for such compensation or benefits. 

‘‘(3) The last permissible date referred to in paragraph (2) 

is the later of the following dates: 

‘‘(A) April 30, 2003. 

PUBLIC LAW 107–107—DEC. 28, 2001 115 STAT. 1375
 

‘‘(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by subtitle
 

B of a covered employee may be connected to the exposure
 

of the covered employee in the performance of duty under
 

section 3623.
 

‘‘(c) EFFECT OF TORT CASES FILED AFTER ENACTMENT OF 2001
 

AMENDMENTS.—(1) If an otherwise eligible individual files a tort 

case specified in subsection (d) after the date of the enactment 

of the National Defense Authorization Act for Fiscal Year 2002, 

such individual shall not be eligible for such compensation or benefits if a final court decision is entered against such individual 

in such tort case. ‘‘(2) If such a final court decision is not entered, such individual 

shall nonetheless not be eligible for such compensation or benefits, 

except as follows: If such individual dismisses such tort case on 

or before the last permissible date specified in paragraph (3), such 

individual shall be eligible for such compensation and benefits. ‘‘(3) The last permissible date referred to in paragraph (2) 

is the later of the following dates: ‘‘(A) April 30, 2003. 

‘‘(B) The date that is 30 months after the date the individual first becomes aware that an illness covered by subtitle
 

B of a covered employee may be connected to the exposure
 

of the covered employee in the performance of duty under
 

section 3623.
 

‘‘(d) COVERED TORT CASES.—A tort case specified in this subsection is a tort case alleging a claim referred to in section 3643 

against a beryllium vendor or atomic weapons employer.’’. 

(6) ATTORNEY FEES.—Section 3648 (114 Stat. 1654A–511;
 

42 U.S.C. 7385g) is amended—
 

(A) in subsection (a), by inserting after ‘‘the claim 

of an individual’’ the following: ‘‘for payment of lump-sum 

compensation’’; 

(B) in subsection (b)(1), by inserting after ‘‘initial claim’’ 

the following: ‘‘for payment of lump-sum compensation’’; 

(C) in subsection (b)(2), by striking ‘‘with respect to 

any claim’’ and all that follows through the period at the 

end and inserting ‘‘with respect to objections to a recommended decision denying payment of lump-sum compensation.’’; 

(D) by redesignating subsection (c) as subsection (d); 

and 

(E) by inserting after subsection (b) the following new 

subsection (c): 

‘‘(c) INAPPLICABILITY TO OTHER SERVICES.—This section shall 

not apply with respect to services rendered that are not in connection with such a claim for payment of lump-sum compensation.’’. 

(b) STUDY OF RESIDUAL CONTAMINATION OF FACILITIES.—(1) 42 USC 7384 

The National Institute for Occupational Safety and Health shall, note. 

with the cooperation of the Department of Energy and the Department of Labor, carry out a study on the following matters: 

(A) Whether or not significant contamination remained in
 

any atomic weapons employer facility or facility of a beryllium
 

vendor after such facility discontinued activities relating to
 

the production of nuclear weapons.
 

(B) If so, whether or not such contamination could have
 

caused or substantially contributed to the cancer of a covered
 

115 STAT. 1376 PUBLIC LAW 107–107—DEC. 28, 2001
 

Deadline. 

42 USC 7383h–1. 

Regulations. 

Deadline. 

employee with cancer or a covered beryllium illness, as the 

case may be. 

(2)(A) The National Institute for Occupational Safety and 

Health shall submit to the applicable congressional committees 

the following reports: 

(i) Not later than 180 days after the date of the enactment 

of this Act, a report on the progress made as of the date 

of the report on the study required by paragraph (1). 

(ii) Not later than one year after the date of the enactment 

of this Act, a final report on the study required by paragraph 

(1). 

(B) In this paragraph, the term ‘‘applicable congressional 

committees’’ means— 

(i) the Committee on Armed Services, Committee on Appropriations, Committee on the Judiciary, and Committee on 

Health, Education, Labor, and Pensions of the Senate; and 

(ii) the Committee on Armed Services, Committee on Appropriations, Committee on the Judiciary, and Committee on Education and the Workforce of the House of Representatives. 

(3) Amounts for the study under paragraph (1) shall be derived 

from amounts authorized to be appropriated by section 3614(a) 

of the Energy Employees Occupational Illness Compensation Program Act of 2000 (114 Stat. 1654A–498). 

(4) In this subsection: 

(A) The terms ‘‘atomic weapons employer facility’’, ‘‘beryllium vendor’’, ‘‘covered employee with cancer’’, and ‘‘covered 

beryllium illness’’ have the meanings given those terms in 

section 3621 of the Energy Employees Occupational Illness 

Compensation Program Act of 2000 (114 Stat. 1654A–498; 42 

U.S.C. 7384l). 

(B) The term ‘‘contamination’’ means the presence of any— 

(i) material that emitted radiation and was used in 

the production of an atomic weapon, excluding uranium 

mining and milling; or 

(ii) beryllium dust, particles, or vapor, 

exposure to which could cause or substantially contribute to 

the cancer of a covered employee with cancer or a covered 

beryllium illness, as the case may be. 

SEC. 3152. DEPARTMENT OF ENERGY COUNTERINTELLIGENCE POLYGRAPH PROGRAM. 

(a) NEW COUNTERINTELLIGENCE POLYGRAPH PROGRAM 

REQUIRED.—The Secretary of Energy shall carry out, under regulations prescribed under this section, a new counterintelligence polygraph program for the Department of Energy. The purpose of the 

new program is to minimize the potential for release or disclosure 

of classified data, materials, or information. 

(b) AUTHORITIES AND LIMITATIONS.—(1) The Secretary shall 

prescribe regulations for the new counterintelligence polygraph program required by subsection (a) in accordance with the provisions 

of subchapter II of chapter 5 of title 5, United States Code (commonly referred to as the Administrative Procedures Act). 

(2) In prescribing regulations for the new program, the Secretary shall take into account the results of the Polygraph Review. 

(3) Not later than six months after obtaining the results of 

the Polygraph Review, the Secretary shall issue a notice of proposed 

rulemaking for the new program.