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 Depart-
ment 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 Com-
mittee 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 juris-
diction of the committee concerned 
A BILL 
To provide for payment to the survivor or surviving family 
members of compensation otherwise payable to a con-
tractor employee of the Department of Energy who dies 
after application for compensation under the Energy Em-
ployees Occupational Illness Compensation Program Act 
of 2000, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Energy Employees Oc-
cupational Illness Compensation Program Improvement 
Act of 2009’’. 
SEC. 2. PAYMENT OF COMPENSATION TO SURVIVORS OF 
DEPARTMENT OF ENERGY CONTRACTOR EM-
PLOYEES. 
(a) IN GENERAL.—Section 3672 of the Energy Em-
ployees Occupational Illness Compensation Program Act 
of 2000 (42 U.S.C. 7385s–1) is amended to read as fol-
lows: 
‘‘SEC. 3672. COMPENSATION TO BE PROVIDED. 
‘‘Subject to the other provisions of this subtitle: 
‘‘(1) CONTRACTOR EMPLOYEES.— 
‘‘(A) IN GENERAL.—A covered DOE con-
tractor employee shall receive contractor em-
ployee compensation under this subtitle in ac-
cordance with section 3673. 
‘‘(B) COMPENSATION
AFTER
DEATH
OF 
CONTRACTOR EMPLOYEE.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in paragraph (2)(B), if the death of 
a contractor employee occurs after the em-
ployee applies for compensation under this 
subtitle but before such compensation is 
paid, the amount of compensation de-
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scribed in clause (ii) shall be paid to a sur-
vivor (as that term is used in section 
3674) of the employee or, if the employee 
has no such survivors, to the surviving 
family members of the employee in accord-
ance with the procedures set forth in sec-
tion 3628(e)(1). 
‘‘(ii) AMOUNT
OF
COMPENSATION.— 
The amount of compensation described in 
this clause is the amount of compensation 
the contractor employee would have re-
ceived pursuant to section 3673(a), except 
that if the Secretary cannot determine the 
minimum impairment rating of the em-
ployee under paragraph (1) of such section 
as a result of the death of the employee, 
such compensation shall not include com-
pensation pursuant to such paragraph. 
‘‘(2) SURVIVORS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B) or paragraph (1)(B), a sur-
vivor of a covered DOE contractor employee 
shall receive contractor employee compensation 
under this subtitle in accordance with section 
3674. 
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‘‘(B) ELECTION
OF
CONTRACTOR
EM-
PLOYEE
COMPENSATION
OR
SURVIVOR
COM-
PENSATION.—A survivor who is otherwise eligi-
ble to receive compensation pursuant to both 
subparagraph (A) and paragraph (1)(B) shall 
not receive compensation pursuant to both sub-
paragraph (A) and paragraph (1)(B), but shall 
receive compensation pursuant to subparagraph 
(A) or paragraph (1)(B), as elected by the sur-
vivor. 
‘‘(C) COMPENSATION
AFTER
DEATH
OF 
SURVIVOR.—If the death of a survivor occurs 
after the survivor applies for compensation 
under this subtitle but before such compensa-
tion is paid and, in the case of compensation 
pursuant to paragraph (1)(B), there are no 
other survivors (as that term is used in section 
3674) of the employee, the amount of com-
pensation the survivor would have received 
under this section shall be paid to the surviving 
family members of the employee in accordance 
with the procedures set forth in section 
3628(e)(1).’’. 
(b) APPLICABILITY.—The provisions of section 3672 
of the Energy Employees Occupational Illness Compensa-
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tion Program Act of 2000 (42 U.S.C. 7385s–1), as 
amended by subsection (a), shall apply to applications for 
compensation under subtitle E of such Act filed before, 
on, or after the date of the enactment of this Act. 
Æ 
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