EEOICPA
Program Highlight: GAP Releases Documents Detailing Burial of Radioactive Records from the DOE Mound Facility January 9, 2007 -- GAP has released documents detailing how a DOE laboratory disposed of classified documents from the Ohio Mound plant by burying them due to radioactivity. These records may detail whether Mound workers got sick from radioactive exposure. Click here to read the Dayton Daily News story!Click here to access documents involved with the Mound plant and this story!
Click here for GAP's EEIOCPA page!
Program Highlight: NIOSH Residual Radiation and Beryllium Report
December 2006: Below, please find several parts of a NIOSH Report on Residual Radioactive and Beryllium Contamination at Atomic Weapons Employer and Beryllium Vendor Facilities Covered under the EEOICPA, as required by the FY 2005 Defense Authorization Act (P.L.108-375). Click on the following links for access:
- Residual Contamination Report
- Appendix A-1 (Residual radioactive contamination evaluation on facilities for which a date had not been set under the 2004 NIOSH report)
- Appendix A-2 (Residual contamination summary for each atomic weapons employer facility)
- Appendix A-3 (Analysis for each atomic weapons employer facility)
- Appendix B-1 (Residual beryllium contamination for facilities for which a date had not been set under the 2004 NIOSH report)
- Appendix B-2 (Residual beryllium contamination summary for all beryllium vendors)
- Appendix B-3 (Analysis for each beryllium vendor facility)
9/27/06 -- Letter of September 27, 2006 from Representative Jim McGovern and Senator Edward Kennedy to NIOSH requesting improvements to the residual beryllium contamination report required under EEOICPA Reform Amendments of 2004.
12/5/06: EEOICPA Oversight Hearings (The following items relate to this hearing)
Click here to read the transcript of the hearing!
Click here to read the opening statement of John Hostettler, Chair, Subcommittee on Immigration, Border Security and Claims, US Houise of Representatives, EEOICPA Oversight Hearing #5 Testimony of Daniel Bertoni, Goverment Accountability OfficeLetter from Chairman John Hostettler and Ranking Member Sheila Jackson Lee to Elaine Chao, Secretary of Labor, requesting EEOICPA-related documents pertaining to the OMB Passback and other DOL cost containment efforts (12/8/06) Letter from Chairman John Hostettler and Ranking Member Sheila Jackson Lee to Michael Leavitt, Secretary of Health and Human Services, requesting documents related to the OMB Passback and EEOICPA program activities within NIOSH/HHS (12/8/06)To review witness statements from the Department of Labor, NIOSH and GAO or to view a web cast of the hearing, click here!
11/15/06: EEOICPA Oversight Hearing
Today, GAP Senior Policy Analyst Richard Miller testified before the House Judiciary Committee, Subcommittee on Immigration, Border Security & Claims. The hearing was entitled: The Energy Employees Occupational Illness Compensation Programs Act: Are We Fulfilling the Promise We Made to these Veterans of the Cold War When We Created the Program?
Click here to read Miller's testimony!
Click here to read the opening statement of Chairman John Hostettler!
Click here for the entire hearing transcript!
Program Highlight: EEOICPA Reform
7/19/06 -- Congresswoman Shelia Jackson Lee recently introduced legislation that would ammend the EEOICPA to clarify the roles and responsibilites of the agencies involved in the program.
Specifically, this bill codifies certain checks and balances to ensure integrity in the management of the program; provides for Congress to appoint the Advisory Board on Radiation and Worker Health (instead of the President); sets forth conflict of interest requirements on the National Institute for Occupational Safety and Health (NIOSH) and its dose reconstruction contractors; expands the responsibilities of the Ombudsman to help claimants; and makes subcontractors to the Atomic Weapons Employers (AWE) eligible to apply for compensation.
7/20: Congressional Research Service Memorandum Regarding an Agency’s Refusal to Turn Over Documents and the Testimony Relevant EEOICPA
7/20: Opening Statement of John Hostettler, Chairman of the Subcommittee on Immigration, Border Security and Claims, Oversight Hearing on EEOICPA
Click here to read H.R. 5840!
Click here to read a section by section summary of H.R. 5840!
Program Highlight: Comments on the GAO Report
6/28/06 -- In August 2004, Senators Grassley, Bingaman and Bunning asked GAO to investigate how DOE had spent $92 million on implementing EEOICPA Subtitle D, even though they had processed only six percent of the 23,000 claims received by DOE for assistance with state workers’ compensation, with fewer than 100 claims being paid. Hearings held on March 31, 2004 before the Senate Energy Committee found that DOE retained Science & Engineering Associates (SEA) under a noncompetitive arrangement through an Interagency Agreement with the Navy, even though SEA had no past experience in the area of compensation claims development. SEA was billing $180,000/yr for nurses to review claims, and the project manager was billing in excess of $400,000/yr for his time. DOE defended this as more cost effective than having the Department of Labor manage the compensation program. GAO reviewed the DOE contracts with Westwood Group and another contracter as well.
GAO’s report “Deficient Controls Led to Millions of Dollars in Improper and Questionable Payments to Contractors” (GAO-06-547) found that the DOE’s failure to manage its contractors developing claims under the EEOICPA allowed $26.3 million in improper or questionable payments, which is nearly 30 percent of $92 million in program funds spent through September 30, 2005. This number could be higher because GAO only reviewed 60 percent of the $92 million in expenditures. GAO found:
- SEA marked up subcontracted labor by nearly 50 percent even though the contract did not allow markups for subcontracted labor.
- SEA billed $205 per hour ($400,000 per year) for purported “subject matter experts,” but those individuals simply served as project managers, and this pay rate was nearly double what the GAO states it should have been.
- Westwood received $602,000 for certain professionals, even though the individuals did not meet the qualifications (e.g., the person was supposed to have a college degree in health sciences and 5 years experience, but did not have a college degree or did not have the experience)
- GAO found $15.6 million in questionable payments were made to SEA for individuals where SEA and DOE could not document the appropriateness of the labor rates and whether employees had the requisite skills.
- There was nearly $1 million in furniture/equipment that purchased at a time when Congress was preparing to move DOE’s program into DOL; $778,000 in excessive travel (first class); per diem for physicians who were not employed at the time; and double billing for physician’s time to review claims.
The DOJ entered into a November 29, 2005 settlement agreement and release with SEA covering contracting improprieties that arose with the Navy. DOJ recovered $9.5 million. It is unknown if the improper billing uncovered at DOE under this Interagency Agreement with the Navy is barred as a result of this settlement. This should be investigated. DOE should commence an action to recover improper payments from Westwood.
By comparison, the net benefit paid to claimants in this time period was between $1-2 million under Subtitle D, according to DOE records. Congress ran out of patience and transferred the program to the Labor Department with nearly 25,000 backlogged Subtitle D claims in November 2005. SEA lobbied against Congress transferring this program from DOE to the DOL, because they were concerned about losing their contract for work with DOE.
What is clear is that the major beneficiaries under Subtitle D were not sick workers, but support service contractors and their sponsors in the federal bureaucracy and Congress.
GAO is now investigating a huge costs increase ($70 million contract has nearly tripled to $200 million) for the contractor (Oak Ridge Associated Universities) who was hired by the National Institute for Occupational Safety and Health to estimate radiation doses for compensation claims under Subtitle B of EEOICPA. John Hostettler, House Judiciary Committee Subcommittee Chairman requested this GAO report in March 2006.
Program Highlight: OMB Passback Memo
Following an Associated Press article that revealed a previously secret White House blueprint "to contain the growth benefits" to sick atomic workers, the House Judiciary Committee Subcommittee on Immigration, Border Security and Claims has called and held hearings on the matter. GAP Senior Policy Analyst Richard Miller testified, and new documents are emerging at a rapid pace. Please check back to see more updates.
7/31 - Press release from U.S. Representative John Hostettler regarding a temporary agreement between the House Judiciary Committee and DOL concerning a subpoena issued for EEOICPA related documents!
Click here to read the OMB FY 07 "Passback" to the U.S. Department of Labor Outlining Options for Administration Actions to Contain the Growth in Sick Worker Benefits!
6/14/06 - Press release from U.S. Representative John Hostettler, Chair, Subcommittee on Immigration, Border Security and Claims, on the May 31 OMB's response to Congress on the administration's proposals to limit Special Exposure Cohorts
6/2/06 - Letter from OMB Director Rob Portman to Congressman Mark Udall on OMB Passback
5/31/06 - Letter from OMB Director Rob Portman to Senator Barack Obama
3/19/06 - Click here to read a Springfield Republican Story on the Chapman Valve!
3/16/06 - Legislation filed by Sen. Reid to designate Nevada Test Site Workers as members of the Special Exposure Cohort.
3/16/06 - Click here to read the March 16 (and second) letter from Sen. Salazar (D-Co.) and Rep. Udall (D-Co.) to Labor Secretary Chao, Health & Human Services Director Leavitt and OMB Director Bolton
3/10/06 - Click here to read the House Judiciary's press release regarding the GAO report recognizing conflicts of interest concerns regarding EEOICPA!
3/9/06 - Click here to read the March 9 letter from Rep. John Hostettlet to the GAO.
3/9/06 - Click here to read the March 9 letter from Sen. Kennedy (D-Ma.), Sen. Kerry (D-Ma.), and Rep. Neal (D-Ma.) to NIOSH Director Howard regarding the Chapman Valve Special Exposure Cohort.
3/7/06 - Click here to read the March 7 letter from Alan Varela, Director of the New Mexico Workers' Compensation Program to the House Judiciary Subcommittee on the OMB Passback memo.
3/3/06 - Click here to read a letter to OMB, HHS and DOL from Senator Maria Cantwell (D-Wa.) on OMB's plan to cut Special Exposure Cohorts under the Energy Employees Compensation Program.
3/1/06 - Click here to read Richard Miller's testimony from the March 1 hearing!
3/1/06 - Click here to read Chairman John N. Hostettler's opening statement for the March 1 hearing!
2/28/06 - Click here to read the February GAO report!
2/24/06 - Click here for the Oak Ridger editorial regarding the then-upcoming hearing!
2/23/06 - Click here for the House Judidicary Subcommittee press release on the hearings!!
2/22/06 - Click here to read a letter from House Judiciary Subcommittee Chairman John N. Hostettler to Labor Secretary Elaine Chao!
2/21/06 - Click here to read the Associated Press article!
2/18/06 - Click here to read the NIOSH letter admitting that internal radiation doses cannot be reconstructed at the Nevada Test Site from atmospheric tests
2/17/06 - Click here to read the text of Sen. Obama's (D-IL) February 17 letter to President Bush!
2/13/06 - Click here to read the February 13 letter from Sen. Salazar (D-Co.) and Rep. Udall (D-Co.) to Labor Secretary Chao, Health & Human Services Director Leavitt and OMB Director Bolton
1/30/06 - Click here to read the January 30 Chapman Valve Decision: Department of Labor Remand to NIOSH Due to Faulty Radiation Dose Reconstruction: DOCKET NUMBER 59204-2006
6/9/05 - Letter from James Sensenbrenner to White Personnel on Appointments to the Advisory Board on Radiation and Worker Health
Highlight: February 2, 2006 - The Department of Energy (DOE) has just completed a rule that, for the first time in 65 years, will make worker health and safety requirements enforceable at DOE nuclear and non-nuclear facilities, and using new authority granted by Congress, will be able to increase contractor accountability through fines of up to $70,000 per day per violation.
Click here for the press release!
Click here to see the rule!
Highlight: December 27, 2005 - Earlier this month, GAP sent a letter to the Secretary of Health & Human Service and the Director of the National Institute for Occupational Safety and Health (NIOSH). This letter points out how NIOSH weakened its own conflict of interest criteria for scientists estimating radiation doses that determine cancer compensation claims, as stipulated by the Energy Employees Occupational Illness Compensation Program Act (EEIOCPA). NIOSH did this after GAP pointed out that one of their contractors who had worked at the Department of Energy’s Paducah, Kentucky site had a conflict of interest and had underestimated occupational radiation doses.
Click here for GAP’s letter to NIOSH!
Click here for Sen. McConnell’s letter to NIOSH!
Click here for the NIOSH Oversight Team Report on the Conflict of Interest!
Click here for NIOSH’s revised conflict of interest policy!
Click here to read the December 29, 2005 letter from John Howard, NIOSH Director to GAP regarding actions NIOSH will take regarding its conflict of interest policy!
Subtitle E Letter: On July 29, 2005, a group of 19 senators sent a letter to Labor Secretary Elaine Chao commending DOL for meeting its deadline in issuing the Interim Final Rule (IFR) implementing Subtitle E of the EEOICPA, P.L. 108-375, within 210 days as required by Subtitle E. The letter provides comments on the rule, along with recommendations for revisions.
Estimating Radiation Dose: In a letter sent to Attorney General Alberto Gonzales, House Judiciary Committee Chairman James Sensenbrennen, Jr. (R-WI) and Senator Christopher Bond (R-MO) recommended that the Office of Legal Counsel (OLC) withhold issuance of any written legal opinions regarding the feasibility of estimating radiation doses under the EEOICPA when involving classified information, until the full ramifications of such an option are explored.
About the EEIOCPA
The Atomic Workers Compensation Project watchdogs the implementation of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA); advises policy makers; advocates for improvements to the program through policy changes, rulemaking and legislation; and works with advocacy groups and individuals across the country who are seeking information and accountability from the program. Presently, this project does not represent individual claimants in appeals or litigation, but is watchful for precedent setting issues where legal intervention may be useful.
The EEOICPA was enacted in October 2000 to compensate worker made ill in Department of Energy nuclear facilities, vendors who supplied radioactive materials for use in atomic weapons, and beryllium vendors to the Department of Energy. It also provides supplemental benefits for uranium miners, millers and transporters, beyond that provided under the Radiation Exposure Compensation Act.
There are two parts to EEOICPA. “Subtitle B" provides $150,000 lump sum payments through the Labor Department for radiation related cancers, beryllium illnesses and silicosis at the two under ground test sites (in Nevada and Alaska). Three agencies were tasked with implementation: DOE, DOL and NIOSH. Approximately 350 facilities are covered under the Act.
Major reforms were enacted October 2004. Congress abolished one part of the program (“Subtitle D") in the Energy Department and transfer 25,000 claims to the Labor Department under a newly created “Subtitle E." Subtitle E provide a guaranteed payer for claims related to exposure to toxic substances with a maximum benefit of $250,000 based on impairment and/or wage loss, and survivor benefits of $125,000-$175,000 depending on extent of wage loss. Subtitle E applies to uranium miners, millers and transporters who are covered under RECA, and assured their benefits through mandatory spending.
Specifically, this bill codifies certain checks and balances to ensure integrity in the management of the program; provides for Congress to appoint the Advisory Board on Radiation and Worker Health (instead of the President); sets forth conflict of interest requirements on the National Institute for Occupational Safety and Health (NIOSH) and its dose reconstruction contractors; expands the responsibilities of the Ombudsman to help claimants; and makes subcontractors to the Atomic Weapons Employers (AWE) eligible to apply for compensation. Click on some of the areas in the map below to see documents relating to the site and the EEOICPA.
letter GAP
Katz letter
Below, please find a map detailing current or former nuclear material processing stations throughout the country. Please click on any of the points to access records from these facilities that GAP has acquried and released to the public!
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