Page:United States Statutes at Large Volume 115 Part 2.djvu/391

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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 iDenefits. "(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