HR 1029
112th CONGRESS
1st Session
H. R. 1029
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
March 10, 2011
Mr. WHITFIELD (for himself and Mr. POLIS) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition to the
Committee on Education and the Workforce, 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.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Energy Employees Occupational Illness Compensation
Program Improvement Act of 2011'.
SEC. 2. PAYMENT OF COMPENSATION TO SURVIVORS OF DEPARTMENT OF ENERGY CONTRACTOR
EMPLOYEES.
(a) In General- Section 3672 of the Energy Employees Occupational Illness
Compensation Program Act of 2000 (42 U.S.C. 7385s-1) is amended to read as
follows:
`SEC. 3672. COMPENSATION TO BE PROVIDED.
`Subject to the other provisions of this subtitle:
`(1) CONTRACTOR EMPLOYEES-
`(A) IN GENERAL- A covered DOE contractor employee shall receive contractor
employee compensation under this subtitle in accordance with section 3673.
`(B) COMPENSATION AFTER DEATH OF CONTRACTOR EMPLOYEE-
`(i) IN GENERAL- Except as provided in paragraph (2)(B), if the death
of a contractor employee occurs after the employee applies for compensation
under this subtitle but before such compensation is paid, the amount
of compensation described in clause (ii) shall be paid to a survivor
(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 accordance with the procedures set forth in section 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 received pursuant to section 3673(a), except that if the Secretary
cannot determine the minimum impairment rating of the employee under
paragraph (1) of such section as a result of the death of the employee,
such compensation shall not include compensation pursuant to such paragraph.
`(A) IN GENERAL- Except as provided in subparagraph (B) or paragraph (1)(B),
a survivor of a covered DOE contractor employee shall receive contractor
employee compensation under this subtitle in accordance with section 3674.
`(B) ELECTION OF CONTRACTOR EMPLOYEE COMPENSATION OR SURVIVOR COMPENSATION-
A survivor who is otherwise eligible to receive compensation pursuant
to both subparagraph (A) and paragraph (1)(B) shall not receive compensation
pursuant to both subparagraph (A) and paragraph (1)(B), but shall receive
compensation pursuant to subparagraph (A) or paragraph (1)(B), as elected
by the survivor.
`(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 compensation 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 compensation 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 Compensation 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.
END
