I 

111TH CONGRESS 

1ST SESSION H. R. 3063 

To provide for payment to the survivor or surviving family members of 

compensation otherwise payable to a contractor employee of the Department of Energy who dies after application for compensation under the 

Energy Employees Occupational Illness Compensation Program Act of 

2000, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 25, 2009 

Mr. WHITFIELD introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education 

and Labor, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide for payment to the survivor or surviving family 

members of compensation otherwise payable to a contractor employee of the Department of Energy who dies 

after application for compensation under the Energy Employees Occupational Illness Compensation Program Act 

of 2000, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Energy Employees Oc3 cupational Illness Compensation Program Improvement 

4 Act of 2009’’. 

5 SEC. 2. PAYMENT OF COMPENSATION TO SURVIVORS OF 

6 DEPARTMENT OF ENERGY CONTRACTOR EM7 PLOYEES. 

8 (a) IN GENERAL.—Section 3672 of the Energy Em9 ployees Occupational Illness Compensation Program Act 

10 of 2000 (42 U.S.C. 7385s–1) is amended to read as fol11 lows: 

12 ‘‘SEC. 3672. COMPENSATION TO BE PROVIDED. 

13 ‘‘Subject to the other provisions of this subtitle: 

14 ‘‘(1) CONTRACTOR EMPLOYEES.— 

15 ‘‘(A) IN GENERAL.—A covered DOE con16 tractor employee shall receive contractor em17 ployee compensation under this subtitle in ac18 cordance with section 3673. 

19 ‘‘(B) COMPENSATION AFTER DEATH OF

20 CONTRACTOR EMPLOYEE.— 

21 ‘‘(i) IN GENERAL.—Except as pro22 vided in paragraph (2)(B), if the death of 

23 a contractor employee occurs after the em24 ployee applies for compensation under this 

25 subtitle but before such compensation is 

26 paid, the amount of compensation deVerDate Nov 24 2008 01:17 Jul 01, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3063.IH H3063

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1 scribed in clause (ii) shall be paid to a sur2 vivor (as that term is used in section 

3 3674) of the employee or, if the employee 

4 has no such survivors, to the surviving 

5 family members of the employee in accord6 ance with the procedures set forth in sec7 tion 3628(e)(1). 

8 ‘‘(ii) AMOUNT OF COMPENSATION.— 

9 The amount of compensation described in 

10 this clause is the amount of compensation 

11 the contractor employee would have re12 ceived pursuant to section 3673(a), except 

13 that if the Secretary cannot determine the 

14 minimum impairment rating of the em15 ployee under paragraph (1) of such section 

16 as a result of the death of the employee, 

17 such compensation shall not include com18 pensation pursuant to such paragraph. 

19 ‘‘(2) SURVIVORS.— 

20 ‘‘(A) IN GENERAL.—Except as provided in 

21 subparagraph (B) or paragraph (1)(B), a sur22 vivor of a covered DOE contractor employee 

23 shall receive contractor employee compensation 

24 under this subtitle in accordance with section 

25 3674. 


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1 ‘‘(B) ELECTION OF CONTRACTOR EM2 PLOYEE COMPENSATION OR SURVIVOR COM3 PENSATION.—A survivor who is otherwise eligi4 ble to receive compensation pursuant to both 

5 subparagraph (A) and paragraph (1)(B) shall 

6 not receive compensation pursuant to both sub7 paragraph (A) and paragraph (1)(B), but shall 

8 receive compensation pursuant to subparagraph 

9 (A) or paragraph (1)(B), as elected by the sur10 vivor. 

11 ‘‘(C) COMPENSATION AFTER DEATH OF

12 SURVIVOR.—If the death of a survivor occurs 

13 after the survivor applies for compensation 

14 under this subtitle but before such compensa15 tion is paid and, in the case of compensation 

16 pursuant to paragraph (1)(B), there are no 

17 other survivors (as that term is used in section 

18 3674) of the employee, the amount of com19 pensation the survivor would have received 

20 under this section shall be paid to the surviving 

21 family members of the employee in accordance 

22 with the procedures set forth in section 

23 3628(e)(1).’’. 

24 (b) APPLICABILITY.—The provisions of section 3672 

25 of the Energy Employees Occupational Illness CompensaVerDate Nov 24 2008 23:47 Jun 30, 2009 Jkt 079200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H3063.IH H3063

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1 tion Program Act of 2000 (42 U.S.C. 7385s–1), as 

2 amended by subsection (a), shall apply to applications for 

3 compensation under subtitle E of such Act filed before, 

4 on, or after the date of the enactment of this Act. 

Æ 


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