Energy Employees Occupational Illness Compensation Program Improvement Act of 2011 - Amends the Energy Employees Occupational Compensation Program Act of 2000 to replace the current requirements for occupational illness compensation to the survivors of a Department of Energy (DOE) contractor employee. Requires payment to a survivor of the compensation the deceased contractor employee would otherwise have been paid, if the employee dies after applying for the compensation but before receiving it. Requires payment of the compensation, if no survivors exist, to a claimant's surviving family members.
Requires a survivor eligible for contractor employee compensation under this Act as well as survivor compensation under the regular compensation schedule for survivors to elect one or the other. Prohibits any payment to a survivor of both kinds of compensation.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1029 Introduced in House (IH)]
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.
``(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.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E448-449)
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.
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.
Referred to the Subcommittee on Workforce Protections.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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