This was included in the test of the bill reported to the floor of the US
Senate (September 2001):

SEC. 3151. IMPROVEMENTS TO ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM.

(a) CERTAIN LEUKEMIA AS SPECIFIED CANCER- Section 3621(17) of 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 by Public Law 106-398); 114 Stat. 1654A-502), as
amended by section 2403 of the Supplemental Appropriations Act, 2001
(Public Law 107-20), is further amended by adding at the end the following
new subparagraph:

'(D) Leukemia (other than chronic lymphocytic leukemia), if initial
occupation exposure occurred before 21 years of age and onset occurred more
than two years after initial occupational exposure.'.

(b) ADDITIONAL MEMBERS OF SPECIAL EXPOSURE COHORT- Section 3626(b) of that
Act (114 Stat. 1654A-505) is amended in the matter preceding paragraph (1)
by inserting after 'Department of Energy facility' the following: ', or at
an atomic weapons employer facility,'.

(c) ESTABLISHMENT OF CHRONIC SILICOSIS- Section 3627(e)(2)(A) of that Act
(114 Stat. 1654A-506) is amended by striking 'category 1/1' and inserting
'category 1/0'.

(d) SURVIVORS-

(1) IN GENERAL- Subsection (e) of section 3628 of that Act (114 Stat.
1654A-506) is amended to read as follows:

'(e) SURVIVORS- (1) If a covered employee dies before accepting payment of
compensation under this section, whether or not the death is the result of
the covered employee's occupational illness, the survivors of the covered
employee shall receive payment of compensation under this section in lieu
of the covered employee as follows:

'(A) If at the time of death the covered employee is survived by a spouse
and one or more children--

'(i) the spouse shall receive one-half of the amount of compensation
provided for the covered employee under this section; and

'(ii) each child shall receive an equal share of the remaining one-half of
the amount of the compensation provided for the covered employee under this
section.

'(B) If at the time of death the covered employee is survived by a spouse
or one or more children, but not both a spouse and one or more children--

'(i) the spouse shall receive the amount of compensation provided for the
covered employee under this section; or

'(ii) each child shall receive an equal share of the amount of the
compensation provided for the covered employee under this section.

'(C) If at the time of death the covered employee is not survived by a
spouse or any children, but is survived by one or both parents, one or more
grandparents, one or more grandchildren, or any combination of such
individuals, each such individual shall receive an equal share of the
amount of the compensation provided for the covered employee under this
section.

'(2) For purposes of this subsection, the term 'child', in the case of a
covered employee, means any child of the covered employee, including a
natural child, adopted child, or step-child who lived with the covered
employee in a parent-child relationship.'.

(2) URANIUM EMPLOYEES- Subsection (e) of section 3630 of that Act (114
Stat. 1654A-507) is amended to read as follows:

'(e) SURVIVORS- (1) If a covered uranium employee dies before accepting
payment of compensation under this section, whether or not the death is the
result of the covered uranium employee's occupational illness, the
survivors of the covered uranium employee shall receive payment of
compensation under this section in lieu of the covered uranium employee as
follows:

'(A) If at the time of death the covered uranium employee is survived by a
spouse and one or more children--

'(i) the spouse shall receive one-half of the amount of compensation
provided for the covered uranium employee under this section; and

'(ii) each child shall receive an equal share of the remaining one-half of
the amount of the compensation provided for the covered uranium employee
under this section.

'(B) If at the time of death the covered uranium employee is survived by a
spouse or one or more children, but not both a spouse and one or more
children--

'(i) the spouse shall receive the amount of compensation provided for the
covered uranium employee under this section; or

'(ii) each child shall receive an equal share of the amount of the
compensation provided for the covered uranium employee under this section.

'(C) If at the time of death the covered uranium employee is not survived
by a spouse or any children, but is survived by one or both parents, one or
more grandparents, one or more grandchildren, or any combination of such
individuals, each such individual shall receive an equal share of the
amount of the compensation provided for the covered uranium employee under
this section.

'(2) For purposes of this subsection, the term 'child', in the case of a
covered uranium employee, means any child of the covered employee,
including a natural child, adopted child, or step-child who lived with the
covered employee in a parent-child relationship.'.

(3) REPEAL OF SUPERSEDED PROVISION- Paragraph (18) of section 3621 of that
Act (114 Stat. 1654A-502) is repealed.

(4) EFFECTIVE DATE- The amendments made by this subsection shall take
effect on July 1, 2001.

(e) DISMISSAL OF PENDING SUITS- Section 3645(d) of that Act (114 Stat.
1654A-510) is amended by striking 'the plaintiff shall not' and all that
follows through the end and inserting 'and was not dismissed as of the date
of the enactment of the National Defense Authorization Act for Fiscal Year
2002, the plaintiff shall be eligible for compensation or benefits under
subtitle B only if the plaintiff dismisses such case not later than
December 31, 2003.'.

(f) ATTORNEY FEES- Section 3648 of that Act (114 Stat. 1654A-511) is
amended--

(1) in subsection (b)--

(A) in paragraph (1), by striking 'and' at the end;

(B) in paragraph (2), by striking the period at the end and inserting ';
and'; and

(C) by adding at the end the following new paragraph (3):

'(3) 10 percent of any compensation paid under the claim for assisting with
or representing a claimant seeking such compensation by the provision of
services other than, or in addition to, services in connection with the
filing of an initial claim covered by paragraph (1).';

(2) by redesignating subsection (c) and subsection (d); and

(3) by inserting after subsection (b) the following new subsection (c):

'(c) INAPPLICABILITY TO SERVICES PROVIDED AFTER AWARD OF COMPENSATION- This
section shall not apply with respect to any representation or assistance
provided to an individual awarded compensation under subtitle B after the
award of compensation.'.

(g) STUDY OF RESIDUAL CONTAMINATION OF FACILITIES- (1) The National
Institute for Occupational Safety and Health shall conduct a study on the
following:

(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 employee with cancer
or a covered beryllium illness, as the case may be.

(2) Not later than 180 days after the date of the enactment of this Act,
the National Institute for Occupational Safety and Health shall submit to
the congressional defense committees a report on the study under paragraph
(1).

(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).

(B) The term 'contamination' means the presence of any material 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.