SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nuclear Workers Com-
pensation Act’’. 
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-
scribed in clause (ii) shall be paid to a sur-
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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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