[Congressional Record Volume 151, Number 27 (Wednesday, March 9, 2005)]
[Senate]
[Pages S2398-S2400]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. SALAZAR:
  S. 585. A bill to better provide for compensation for certain persons 
injured in the course of employment at the Rocky Flats site in 
Colorado; to the Committee on Health, Education, Labor, and Pensions.
  Mr. SALAZAR. Mr. President, I rise today to introduce two pieces of 
legislation important to my great State of Colorado.
  Last week, I introduced one bill and proudly cosponsored two others 
to make good on our Nation's promise to honor and care for our 
veterans. Today, I am introducing a bill to discharge our debt to 
another group of patriotic Americans who served our Nation during the 
cold war--our nuclear weapons workers.
  Many Americans contributed to our victory over communism in the cold 
war, including dedicated and brave men and women working in the 
laboratories and factories that fashioned the nuclear weapons that 
helped bring the former Soviet Union to its knees. As a result of this 
patriotic service, many of these nuclear weapons workers contracted 
cancer and other disabling and fatal diseases.
  In 2000, Congress recognized the sacrifices made by our nuclear 
weapons

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workers by enacting the Energy Employees Occupational Injury 
Compensation Act to provide benefits to nuclear weapons workers for 
their work-related illnesses, or to their survivors when these 
illnesses took their lives
  But today, a combination of missing records and bureaucratic red tape 
prevents many nuclear weapons workers from receiving the benefits that 
Congress intended, including many workers who served at the Rocky Flats 
facility in Colorado
  Through five decades, men and women worked at Rocky Flats, producing 
plutonium, one of the most dangerous substances in creation, and 
crafting it into the triggers for America's nuclear arsenal. These men 
and women served a critical role in a program deemed essential to our 
national security by a succession of Presidents and Congresses. We owe 
them an enormous debt of gratitude.
  These men and women were exposed to radioactive elements and other 
toxic compounds that we are still trying to identify, in amounts that 
we can only guess at. We don't know what they were exposed to, how much 
or when. Part of the problem is that the existing science and 
technology did not allow us to monitor accurately. Part of the problem 
is that critical records have been lost or, in many cases, were never 
created by the government and its contractors.
  Thankfully, Congress had the foresight in the Energy Employees Act to 
realize that some workers might not be able to prove that their cancers 
were caused by their work in nuclear weapons facilities, whether due to 
the lack of records or other problems that make it difficult or 
impossible to determine the dose of radiation they received.
  To protect these workers, Congress designated a Special Exposure 
Cohort to receive benefits if they suffered from one of the specified 
cancers known to be linked to radiation exposure
  The bill I am introducing today would extend Special Exposure Cohort 
status to workers employed by the Department of Energy or its 
contractors at Rocky Flats according to the stringent requirements of 
the 2000 Act
  As a result of this designation, a Rocky Flats worker suffering from 
one of the 22 listed cancers can receive benefits despite the 
inadequate records maintained by the Department of Energy and its 
contractors
  My bill is a companion bill to the bipartisan House bill introduced 
by my friends, Congressman Mark Udall and Congressman Bob Beauprez from 
Colorado. I look forward to bipartisan support in the Senate.
  I am also proud to introduce a separate bill, this one to re-inject a 
small dose of humanity into our Federal bureaucracy.
  Betty Dick is an 83-year-old woman who has spent much of the past 25 
years on property within the boundaries of Rocky Mountain National 
Park. Over the course of those 25 years, Betty Dick has become a 
cherished part of the Grand Lake community. She has been a good citizen 
and has been happy to share her family's beautiful cabin for civic 
events, and she has been a good neighbor to the National Park.
  But now, the National Park Service believes that it is compelled to 
evict Betty Dick. My bill, and a bipartisan companion bill introduced 
by Congressman Mark Udall and supported by Congressman Tom Tancredo, 
will authorize and instruct the Park Service to allow Mrs. Dick to 
spend her last few summers at her cherished Grand Lake home.
  Mrs. Dick has been living on this property subject to a 25 year lease 
with the Park Service. Fred Dick, Betty's husband, died in 1992. Mrs. 
Dick knows she doesn't have too many summers left, but she would like 
to spend them in her home.
  The Park Service is apparently concerned that it does not have the 
authority to extend or renew this lease or it is worried that to do so 
would set a bad precedent. On this, I respectfully disagree with my 
friends at the Park Service. I think evicting an 83-year-old woman from 
her family cabin would set a bad precedent.
  My bill would simply require the Secretary of the Interior, as boss 
of the National Park Service, to enter into an agreement that will 
allow Betty Dick to continue to occupy her family cabin and property 
within Rocky Mountain National Park for the rest of her life. Mrs. Dick 
will continue to pay the rent that has been due under the prior lease. 
Mrs. Dick's children and grandchildren will have no right to occupy the 
property after her death, and the cabin and property will then be 
managed by the Park Service.
  I hope we haven't reached the point where we can't find a way to play 
a role in helping Betty Dick spend her last summers on the land that 
she loves.
  I ask unanimous consent that the text of these two bills be printed 
in the Record.
  There being no objection, the bills were ordered to be printed in the 
Record, as follows:

                                 S. 584

       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 ``Betty Dick Residence 
     Protection Act''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) before their divorce, Fred and Marilyn Dick, owned as 
     tenants in common a tract of land that included the property 
     described in section 5(b);
       (2) when Fred and Marilyn Dick divorced, Marilyn Dick 
     became the sole owner of the tract of land, but Fred Dick 
     retained the right of first refusal to acquire the tract of 
     land;
       (3) in 1977, Marilyn Dick sold the tract to the United 
     States for addition to Rocky Mountain National Park, but Fred 
     Dick, asserting his right of first refusal, sued to cancel 
     the transaction;
       (4) in 1980, the lawsuit was settled through an agreement 
     between the National Park Service, Fred Dick, and the heirs, 
     successors, and assigns of Fred Dick;
       (5) under the 1980 settlement agreement, Fred Dick and his 
     wife, Betty Dick, were allowed to lease and occupy the 23 
     acres comprising the property described in section 5(b) for 
     25 years;
       (6) Fred Dick died in 1992, but Betty Dick has continued to 
     lease and occupy the property described in section 5(b) under 
     the terms of the settlement agreement;
       (7) Betty Dick's right to lease and occupy the property 
     described in section 5(b) will expire on July 16, 2005, at 
     which time Betty Dick will be 83 years old;
       (8) Betty Dick wishes to continue to occupy the property 
     for the remainder of her life and has sought to enter into a 
     new agreement with the National Park Service that would allow 
     her to continue to occupy the property;
       (9) the National Park Service has not been willing to enter 
     into a new agreement with Betty Dick and is demanding that 
     she vacate the property by July 16, 2005;
       (10) since 1980, Betty Dick--
       (A) has consistently occupied the property described in 
     section 5(b) as a summer residence;
       (B) has made the property available for community events; 
     and
       (C) has been a good steward of the property;
       (11) Betty Dick's occupancy of the property has not--
       (A) been detrimental to the resources and values of Rocky 
     Mountain National Park; or
       (B) created problems for the National Park Service or the 
     public; and
       (12) under the circumstances, it is appropriate for Betty 
     Dick to be allowed to continue her occupancy of the property 
     described in section 5(b) for the remainder of her natural 
     life under the terms and conditions applicable to her 
     occupancy of the property since 1980.

     SEC. 3. PURPOSE.

       The purpose of this Act is to require the Secretary of the 
     Interior to permit the continued occupancy and use of the 
     property described in section 5(b) by Betty Dick for the 
     remainder of her natural life.

     SEC. 4. DEFINITIONS.

       In this Act:
       (1) Agreement.--The term ``Agreement'' means the agreement 
     between the National Park Service and Fred Dick entitled 
     ``Settlement Agreement'' and dated July 17, 1980.
       (2) Map.--The term ``map'' means the map entitled ``Betty 
     Dick Residence and Barn'' and dated January 2005.
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of the Interior.

     SEC. 5. RIGHT OF OCCUPANCY.

       (a) In General.--The Secretary shall allow Betty Dick to 
     continue to occupy and use the property described in 
     subsection (b) for the remainder of the natural life of Betty 
     Dick, subject to the requirements of this Act.
       (b) Description of Property.--The property referred to in 
     subsection (a) is the land and any improvements to the land 
     within the boundaries of Rocky Mountain National Park 
     identified on the map as ``residence'', ``occupancy area'', 
     and ``barn''.
       (c) Terms and Conditions.--
       (1) In general.--Except as provided in paragraph (2), the 
     occupancy and use of the property identified in subsection 
     (b) by Betty Dick shall be subject to the same terms and 
     conditions specified in the Agreement.
       (2) Payment.--In exchange for the continued use and 
     occupancy of the property, Betty

[[Page S2400]]

     Dick shall annually pay to the Secretary an amount equal to 
     \1/25\ of the amount specified in section 3(B) of the 
     Agreement.
       (d) Effect.--Nothing in this Act--
       (1) allows the construction of any structure on the 
     property described in subsection (b) not in existence on 
     November 30, 2004; or
       (2) applies to the occupancy or use of the property 
     described in subsection (b) by any person other than Betty 
     Dick.

                                 S. 585

       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 ``Rocky Flats Special Exposure 
     Cohort Act''.

     SEC. 2. FINDINGS AND PURPOSE.

       (a) Findings.--The Congress finds the following:
       (1) The Energy Employees Occupational Illness Compensation 
     Program Act of 2000 (42 U.S.C. 7384 et seq.) (hereinafter in 
     this section referred to as the ``Act'') was enacted to 
     ensure fairness and equity for the civilian men and women 
     who, during the past 50 years, performed duties uniquely 
     related to the nuclear weapons production and testing 
     programs of the Department of Energy and its predecessor 
     agencies by establishing a program that would provide 
     efficient, uniform, and adequate compensation for beryllium-
     related health conditions and radiation-related health 
     conditions.
       (2) The Act provides a process for consideration of claims 
     for compensation by individuals who were employed at relevant 
     times at various locations, but also included provisions 
     designating employees at certain other locations as members 
     of a special exposure cohort whose claims are subject to a 
     less-detailed administrative process.
       (3) The Act also authorizes the President, upon 
     recommendation of the Advisory Board on Radiation and Worker 
     Health, to designate additional classes of employees at 
     Department of Energy facilities as members of the special 
     exposure cohort if the President determines that--
       (A) it is not feasible to estimate with sufficient accuracy 
     the radiation dose that the class received; and
       (B) there is a reasonable likelihood that the radiation 
     dose may have endangered the health of members of the class.
       (4) It has become evident that it is not feasible to 
     estimate with sufficient accuracy the radiation dose received 
     by employees at the Department of Energy facility in Colorado 
     known as the Rocky Flats site for the following reasons:
       (A) Many worker exposures were unmonitored over the 
     lifetime of the plant at the Rocky Flats site. Even in 2004, 
     a former worker from the 1950s was monitored under the former 
     radiation worker program of the Department of Energy and 
     found to have a significant internal deposition that had been 
     undetected and unrecorded for more than 50 years.
       (B) No lung counter for detecting and measuring plutonium 
     and americium in the lungs existed at Rocky Flats until the 
     late 1960s. Without this equipment, the very insoluble oxide 
     forms of plutonium cannot be detected, and a large number of 
     workers had inhalation exposures that went undetected and 
     unmeasured.
       (C) Exposure to neutron radiation was not monitored until 
     the late 1950s, and most of those measurements through 1970 
     have been found to be in error. In some areas of the plant 
     the neutron doses were as much as 2 to 10 times as great as 
     the gamma doses received by workers, but only gamma doses 
     were recorded. The old neutron films are being re-read, but 
     those doses have not yet been added to the workers' records 
     or been used in the dose reconstructions for Rocky Flats 
     workers carried out by the National Institute for 
     Occupational Safety and Health.
       (D) Radiation exposures for many workers were not measured 
     or were missing and, as a result, the records are incomplete 
     or estimated doses were assigned. There are many inaccuracies 
     in the exposure records that the Institute is using to 
     determine whether Rocky Flats workers qualify for 
     compensation under the Act.
       (E) The model that has been used for dose reconstruction by 
     the Institute in determining whether Rocky Flats workers 
     qualify for compensation under the Act may be in error. The 
     default values used for particle size and solubility of the 
     internally deposited plutonium in workers are subject to 
     reasonable scientific debate. Use of erroneous values could 
     substantially underestimate the actual internal doses for 
     claimants.
       (5) Some Rocky Flats workers, despite having worked with 
     tons of plutonium and having known exposures leading to 
     serious health effects, have been denied compensation under 
     the Act as a result of potentially flawed calculations based 
     on records that are incomplete or in error as well as the use 
     of potentially flawed models.
       (6) Achieving the purposes of the Act with respect to 
     workers at Rocky Flats is more likely to be achieved if 
     claims by those workers are subject to the administrative 
     procedures applicable to members of the special exposure 
     cohort.
       (b) Purpose.--The purpose of this Act is to revise the 
     Energy Employees Occupational Illness Compensation Program 
     Act so as to include certain past and present Rocky Flats 
     workers as members of the special exposure cohort.

     SEC. 3. DEFINITION OF MEMBER OF SPECIAL EXPOSURE COHORT.

       (a) In General.--Section 3621(14) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (42 
     U.S.C. 7384l(14)) is amended by adding at the end of 
     paragraph (14) the following:
       ``(D) The employee was so employed as a Department of 
     Energy employee or a Department of Energy contractor employee 
     for a number of work days aggregating at least 250 work days 
     before January 1, 2006, at the Rocky Flats site in 
     Colorado.''.
       (b) Reapplication.--A claim that an individual qualifies, 
     by reason of subparagraph (D) of section 3621(14) of that Act 
     (as added by subsection (a)), for compensation or benefits 
     under that Act shall be considered for compensation or 
     benefits, notwithstanding any denial of any other claim for 
     compensation with respect to that individual.

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