[Congressional Record Volume 146, Number 56 (Tuesday, May 9, 2000)]
[Senate]
[Pages S3692-S3693]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. VOINOVICH (for himself, Mr. Reid, Mr. DeWine, Mr. Kennedy, 
        Mr. Bryan, Mr. McConnell, Mr. Harkin, Mr. Thompson. Mr. Frist, 
        and Mr. Bunning):
  S. 2519. A bill to authorize compensation and other benefits for 
employees of the Department of Energy, its contractors, subcontractors, 
and certain vendors who sustain illness or death related to exposure to 
beryllium, ionizing radiation, silica, or hazardous substances in the 
performance of their duties, and for other purposes; to the Committee 
on Health, Education, Labor, and Pension.


     ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION ACT OF 2000

  Mr. VOINOVICH. Mr. President, over the last half century, and at 
facilities all across America, tens of thousands of dedicated men and 
women in our civilian federal workforce helped keep our military fully 
supplied and our nation fully prepared to meet any potential threat. 
Their success is measured in part with the end of the Cold War and the 
collapse of the Soviet Union. However, for many of these workers, their 
success came at a high price; the sacrifice of their health, and even 
their lives, for our liberty. I believe we have a federal obligation to 
live up to our responsibilities with these Cold War veterans.

  The bill I am introducing today, along with Senators Reid, DeWine, 
Kennedy, McConnell, Bryan, Harkin, Thompson, Frist, and Bunning is 
titled the ``Energy Employees Occupational Illness Compensation Act of 
2000.'' This bill will provide financial compensation to Department of 
Energy workers whose impaired health has been caused by exposure to 
beryllium, radiation or other hazardous substances while working for 
the defense of the United States. The bill will also provide 
compensation to survivors of workers who have died while suffering from 
an illness resulting from exposure to these substances.
  Many will express concern that it will be hard to prove if someone 
was made chronically ill by their work environment, however, such 
concerns can be refuted. For example, beryllium disease is a 
``fingerprint'' disease, in that it leaves no doubt as to what caused 
the illness of the sufferer. Additionally, the only processing of the 
materials that cause Chronic Beryllium Disease is unique to our nuclear 
weapons facilities. Skepticism is understandable in many cases of 
radiation exposure at DoE facilities because the records may not 
generally reflect employee exposure to radioactive materials. However, 
concerns have been raised that the DoE destroyed or altered workers' 
records. Additionally, dosimeter badges, which record radiation 
exposure, were not always required to be worn by workers. When they 
were required to be worn, they were not always done so properly or 
consistently. DoE plant management would even ``zero'' dose badges. 
Therefore, many records do not exist, and where they do exist, there is 
adequate reason to doubt their accuracy. That is why this bill places 
the burden of proof on the government to prove that an employee's 
illness was not caused by workplace hazards.
  As one who believes we should rely on sound science, I would 
certainly support a method for compensation based on this principle if 
it was available. Unfortunately in this case, sound science either does 
not exist in DoE facility records, or it cannot be relied upon for 
accuracy. That's precisely what happened in my state of Ohio.
  In a series of newspaper articles from the Columbus Dispatch, it was 
shown that for decades, some workers at the Portsmouth Gaseous 
Diffusion Plant in Piketon, Ohio--a plant which processes high-quality 
nuclear material--did not know they had been exposed to dangerous 
levels of radioactive material. That's because until recently, proper 
safety precautions were rarely taken to adequately protect workers' 
safety. Even when precautions were taken, the application of protective 
standards was inconsistent. In addition, workers at the Piketon plant 
have stated that plant management not only did not keep adequate 
dosimetry records, in some cases, they changed the dosimetry records to 
show lower levels of radiation exposure. If consistent, reliable and 
factual data is not available, then it will be quite difficult to 
utilize sound science.
  Similar occurrences have been reported at the Fernald Feed Materials 
Production Center in Fernald, Ohio and the Mound Facility in 
Miamisburg, Ohio as well as other facilities nationwide.
  The DoE has admitted that at some facilities, workers were not told 
the nature of the substances with which they were working, nor the 
ramifications that these materials may have on their future health and 
quality of life. It is unconscionable that DoE managers and other 
individuals in positions of responsibility could be so insensitive and 
uncaring about their fellow man.
  Last year, the Toledo Blade published an award-winning series of 
articles outlining the plight of workers suffering from Chronic 
Beryllium Disease (CBD). While government standards were met in 
protecting the workers from exposure to the beryllium dust, many 
workers still were diagnosed with CBD. The stories of these workers who 
are suffering from this often debilitating disease are heart-wrenching. 
It is estimated that 1,200 people have contracted CBD, and hundreds 
have died from it, making CBD the number one disease directly caused by 
our Cold War effort.
  Title one of this bill provides compensation to individuals suffering 
from Chronic Beryllium Disease (CBD). Beryllium, which is a toxic 
substance, can cause major health problems if proper precautions are 
not taken while it is being handled. Individuals who suffer from 
Chronic Beryllium Disease experience a loss of lung function, and in 
many cases face a painful death. While there is a blood test that can 
detect CBD, and there are treatments for it, there is no cure. Under 
this bill, if the disease is confirmed, it is presumed work-related and 
workers compensation at benefit levels established under

[[Page S3693]]

the Federal Employees Compensation Act (FECA) is paid--roughly two-
thirds of six years worth of wages and health care coverage. 
Alternatively, a claimant can elect a one-time lump sum payment of 
$200,000 (with healthcare benefits related to their disease) in lieu of 
wage replacement payments. Employees at DoE sites and DoE beryllium 
vendors would be covered under the bill.
  Title two of this bill covers illnesses related to radiation and 
other hazardous substances. The first part of this title covers workers 
at all DoE sites who contract cancer that has been potentially caused 
by exposure to radiation (radiogenic cancer), worked at the site for at 
least one year and wore a radiation dosimeter badge or should have worn 
one. Causation is presumed if the covered cancer is a primary cancer. 
Again, benefits are paid at FECA levels, or in the alternative, a 
claimant can elect a one-time lump sum payment of $200,000 (with 
healthcare benefits) in lieu of wage replacement payments. The 
presumption is modeled after the Radiation Exposure Compensation Act. 
This proposal incorporates all DoE sites across the nation, plus four 
vendor facilities.
  The second part of this title covers workers at DoE sites for 
illness, impairment, disease or death, using a FECA level of benefits. 
The Secretary of Health and Human Services is required to create a 
panel of occupational doctors to review the claims for the Department 
of Labor, and the threshold for eligibility is whether exposure was a 
significant contributing factor to a worker's illness. The bill allows 
claimants to seek a second medical opinion. Further, the bill directs 
the HHS to empanel occupational physicians to develop additional 
presumptions for use in guiding future HHS and Labor Department 
decisions.
  To obtain restitution under the bill, claimants would file with the 
Department of Labor's Office of Worker Compensation Programs under a 
FECA-like program but not FECA itself. The claims reviewer, after 
obtaining all the necessary information, would have 120 days to render 
a decision. If a denial is issued, the claimant can appeal to an 
administrative law judge (ALJ). The ALJ has 180 days to render an 
opinion. If an opinion is not rendered, the appeal can be brought to 
the federal Benefits Review Board (BRB). The BRB has 240 days to render 
an opinion, after which appeals can be brought to the U.S. Court of 
Appeals. Failure to meet deadlines by the DoL results in a default in 
favor of the claimant. This approach is intended to remedy the major 
defects in FECA, which excludes any rights to the Courts and results in 
years of delay in many cases.
  Mr. President, there may be some who will say that this bill costs 
too much, or we can't afford it so we shouldn't do it. I strongly 
disagree.
  Congress appropriates billions of dollars annually on things that are 
not the responsibility of the federal government. And here we have a 
clear instance where our federal government is responsible for the 
actions it has taken and the negligence it has shown against its own 
people. This is an issue where peoples' health has been compromised and 
lives have been lost. In many instances, these workers didn't even know 
that their health and safety was in jeopardy. It is not only a 
responsibility of this government to provide for these individuals, it 
is a moral obligation.
  Mr. President, it is unfortunate that a bill establishing this type 
of compensation program is necessary; it is little consolation for the 
pain, health problems and diminished quality of life that these 
individuals have suffered. These men and women who won the Cold War 
have only asked that the United States government--the government of 
the nation that they spent their lives defending--acknowledge that they 
were made ill in the course of doing their job and recognize that the 
government must take care of them.
  Sadly, because of the government's stonewalling and denial of 
responsibility, the only way many of these employees believe they will 
ever receive proper restitution for what the government has done is to 
file a lawsuit against the Department of Energy or its contractors. 
That should not have to happen and it is my hope that this legislation 
will preclude any perceived need for such lawsuits.
  I believe that all those who have served our nation fighting the Cold 
War deserve to know if the federal government was responsible for 
causing them illness or harm, and if so, to provide them the care that 
they need. I encourage my colleagues to join us in cosponsoring this 
legislation and I urge the Senate to consider this bill during this 
session of Congress.
                                 ______