[Congressional Record Volume 155, Number 51 (Wednesday, March 25, 2009)]
[Senate]
[Pages S3797-S3802]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. FEINSTEIN (for herself and Mrs. Boxer):
  S. 709. A bill to better provide for compensation for certain persons 
injured in the course of employment at the Santa Susana Field 
Laboratory in California; to the Committee on Health, Education, Labor, 
and Pensions.
  Mrs. FEINSTEIN. Mr. President, I rise today on behalf of myself and 
Senator Boxer to reintroduce legislation to enable hundreds of former 
Santa Susana Field Laboratory Workers or their survivors to receive 
compensation for illnesses caused by exposure to radiation and other 
toxic substances.
  Specifically, the Santa Susana Fair Compensation Act would provide a 
special status designation under the Energy Employees Occupational 
Illness Compensation Act to Santa Susana Field Laboratory employees, so 
they can receive the benefits they deserve.
  In addition, the bill would extend the ``special exposure cohort'' 
status to Department of Energy employees, Department of Energy contract 
employees, or atomic weapons employees who worked at the Santa Susana 
Field Laboratory for at least 250 days prior to January 1, 2009.
  This revision would ensure that the Act's benefits are available to 
any of those workers who developed a radiation-linked cancer due to 
their employment at the Santa Susana Field Laboratory.
  This bill fulfills the intent of Congress when it approved the act, 
providing compensation and care for nuclear program workers who 
suffered severe health problems caused by on-the-job exposure to 
radiation.
  The Santa Susana Field Laboratory is a 2,849-acre facility located 
about 30 miles north of downtown Los Angeles.
  During the Cold War, it was used for the development and testing of 
nuclear reactors and powerful rockets, including those used in 
America's space and ballistic missile programs.

[[Page S3802]]

  Sadly, many workers of the Cold War era were exposed to radiation on 
a regular basis. But claims for compensation are hampered by incomplete 
and inaccurate records.
  Some records show only estimated levels of exposure for workers, and 
are imprecise. In other cases, if records were kept, they cannot be 
found today.
  Many Santa Susana Field Laboratory workers were not aware of the 
hazards at their workplace. Remarkably, no protective equipment--like 
respirators, gloves, or body suits--was provided to workers.
  More than 600 claims for compensation have been filed by Santa Susana 
Field Lab workers, but only a small fraction have been approved. A lack 
of documentation, or inability to prove exposure thresholds, has 
hindered hundreds of claims that may well be legitimate. And, for some 
lab workers and their families, it is impossible to reconstruct 
exposure scenarios due to records having been destroyed.
  Santa Susana Field Lab workers and their families now face the burden 
of having to reconstruct exposure scenarios that existed more than 40 
years ago, in most cases with little or no documentation.
  The case of my constituent, Betty Reo, provides an example of why 
this legislation is necessary.
  Ms. Reo's husband, Cosmo Reo, worked at the Santa Susana Field 
Laboratory as an instrumentation mechanic from April 18, 1957 until May 
17, 1960.
  Cosmo worked in the rocket testing pits and was exposed to hydrazine, 
trichlorithylene, and other cancer-causing chemicals which attack the 
lungs, bladder and kidneys.
  Cosmo died of renal failure in 1980. Ms. Reo applied for benefits 
under the Energy Employees Occupational Illness Compensation Act. She 
has been trying to reconstruct the exposure scenarios under which her 
husband worked, but without adequate documentation she has been 
repeatedly denied benefits.
  This bill would help people like Betty Reo, people who lack the 
documentation necessary to prove their cases, and those who worked in 
any of the four areas of the Santa Susana site.
  I urge my colleagues to join me in correcting these injustices and 
cutting through the ``red tape'' that prevents Santa Susana Field 
Laboratory workers, and their families, from receiving fair 
compensation.
  For many, such as Ms. Reo, time is running out. We can no longer 
afford to delay, and this bill provides a straightforward solution to 
fix a broken system.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                 S. 709

       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 ``Santa Susana Fair 
     Compensation Act''.

     SEC. 2. 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 the 
     following new subparagraph:
       ``(D) The employee was so employed for a number of work 
     days aggregating at least 250 work days before January 1, 
     2009, by the Department of Energy or a Department of Energy 
     contractor or subcontractor at the Santa Susana Field 
     Laboratory in California.''.
       (b) Reapplication.--A claim that an individual qualifies, 
     by reason of section 3621(14)(D) of the Energy Employees 
     Occupational Illness Compensation Program Act of 2000 (as 
     added by subsection (a)), for compensation or benefits under 
     such Act shall be considered for compensation or benefits 
     notwithstanding any denial of any other claim for 
     compensation with respect to such individual.

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