[Congressional Record Volume 155, Number 93 (Friday, June 19, 2009)]
[Senate]
[Pages S6846-S6847]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. BUNNING (for himself and Mr. Alexander):
  S. 1306. 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; to the 
Committee on Health, Education, Labor, and Pensions.
  Mr. BUNNING. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 1306

       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 
     2009''.

     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.--

[[Page S6847]]

       ``(i) In general.--Except as provided 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.
       ``(2) Survivors.--
       ``(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.
                                 ______