---
kind: "section"
citation: "42 U.S.C. § 7385s–1"
title: "42"
title_heading: "The Public Health and Welfare"
number: "7385s–1"
heading: "Compensation to be provided"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/7385s-1"
units:
  - "Chapter 84 — Department of Energy"
  - "Subchapter XVI — Energy Employees Occupational Illness Compensation Program"
  - "Part E — Contractor Employee Compensation"
---

# §7385s–1. Compensation to be provided


Subject to the other provisions of this part:

- (1) **Contractor employees—** A [covered DOE contractor employee](/usc/42/7385s.md?p=1) shall receive contractor employee compensation under this part in accordance with [section 7385s–2 of this title](/usc/42/7385s–2.md).
- (2) **Survivors—** After the death of a [covered DOE contractor employee](/usc/42/7385s.md?p=1), compensation referred to in [paragraph (1)](#1) shall not be paid. Instead, the survivor of that employee shall receive compensation as follows:
  - (A) Except as provided in [subparagraph (B)](#2-B), the survivor of that employee shall receive contractor employee compensation under this part in accordance with [section 7385s–3 of this title](/usc/42/7385s–3.md).
  - (B) In a case in which the employee’s death occurred after the employee applied under this part and before compensation was paid under [paragraph (1)](#1), and the employee’s death occurred from a cause other than the [covered illness](/usc/42/7385s.md?p=2) of the employee, the survivor of that employee may elect to receive, in lieu of compensation under [subparagraph (A)](#2-A), the amount of contractor employee compensation that the employee would have received in accordance with [section 7385s–2 of this title](/usc/42/7385s–2.md) if the employee’s death had not occurred before compensation was paid under [paragraph (1)](#1).

## Source credit

(Pub. L. 106–398, § 1 [div. C, title XXXVI, § 3672], as added Pub. L. 108–375, div. C, title XXXI, § 3161, Oct. 28, 2004, 118 Stat. 2178.)