S.Amdt. 5339

1. Adds SECTION 3116. PAYMENT OF COMPENSATION TO SURVIVORS OF DEPARTMENT OF ENERGY CONTRACTOR EMPLOYEES UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000 at the end of subtitle B of title XXXI

   Adds a section

   In S. 3001 · Placed on Calendar Senate

   (c) Limitation on Funding for Global Nuclear Energy Partnership.-- None of the amounts authorized to be appropriated for fiscal year 2009 by section 3101(a)(2) for defense nuclear nonproliferation activities and available for the Global Initiatives for Proliferation Prevention program may be used for projects related to energy security that could promote the Global Nuclear Energy Partnership.

   Inserted: SECTION 3116. PAYMENT OF COMPENSATION TO SURVIVORS OF DEPARTMENT OF ENERGY CONTRACTOR EMPLOYEES UNDER THE ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION PROGRAM ACT OF 2000.

   Inserted: (a) Short Title.--This section may be cited as the "Energy Employees Occupational Illness Compensation Program Improvement Act of 2008".

   Inserted: (b) Payment of Compensation to Survivors of Department of Energy Contractor Employees.--

   Inserted: (1) 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:

   Inserted: "SEC. 3672. COMPENSATION TO BE PROVIDED.

   Inserted: "Subject to the other provisions of this subtitle:

   Inserted: "(1) Contractor employees.--

   Inserted: "(A) In general.--A covered DOE contractor employee shall receive contractor employee compensation under this subtitle in accordance with section 3673.

   Inserted: "(B) Compensation after death of contractor employee.--

   Inserted: "(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 of the employee (for purposes of section 3674) 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).

   Inserted: "(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.

   Inserted: "(2) Survivors.--

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   Inserted: "(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.

   Inserted: "(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.

   Inserted: "(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 of the employee (for purposes of section 3674), 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).".

   Inserted: (2) 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 paragraph (1), 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.

   Original wording

   At the end of subtitle B of title XXXI, add the following:

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As printed