National Defense Authorization Act for Fiscal Year 2005

NATIONAL DEFENSE AUTHORIZATION ACT FOR FISCAL YEAR 2005

Mr. SCHUMER. Madam President, I want to join all of my colleagues, including my good friend, the Senator from Kentucky, my colleague and friend, Senator Clinton, Senator Bingaman, and so many others who are in support of this bipartisan amendment, which would not only improve many of the unsuccessful provisions of the Energy Employees Occupational Illness Compensation Program Act, but it would also address critical areas of concern important to workers that were not properly dealt with in the original legislation.

For decades during the cold war, thousands of New Yorkers labored in hazardous conditions at DOE and contractor facilities, unaware of the considerable health risks. Workers at these facilities handled high levels of radioactive materials and were responsible for helping create the huge nuclear arsenal that served as a deterrent to the Soviet Union during the cold war.

Although Government scientists knew of the dangers posed by radiation, workers were given little or no protection, and many have been diagnosed with cancer.

During the cold war, New York alone was home to 36 former atomic weapon employer sites and DOE cleanup facilities. In the 8 counties of western New York-in the Buffalo and Niagara region, where this is particularly a problem-there were 14 facilities that participated in the manufacture of America's nuclear arsenal.

Despite having one of the greatest concentrations of facilities involved in nuclear weapons production-related activities in the Nation, western New York continued to be seriously underserved by the Energy Employees Occupational Illness Compensation Program, not just for a year or two but for many years. Many constituents from my State went unaware of the program entirely or were not provided with sufficient information about how the claimant process worked. In the opinion of my constituents, this program was completely ineffectual in its ability to address their questions and concerns properly.

Despite statutory language in section 3631 of the original legislation, which required DOL to provide outreach and claimant assistance, the only assistance applicants received when applying for this program was from a traveling resource center that came to the area too infrequently to serve the public.

Today I am happy to say that the Bunning-Bingaman amendment would substantially improve the effectiveness of outreach and claimant assistance to applicants from the New York region by recognizing the need for a resource center in western New York. This is something we have been pushing for years. This would be a substantial step toward improving services for workers in my home State.

Upon successful passage of this legislation, I look forward to working with the newly established Office of the Ombudsman to locate a resource center in the western New York region. A permanent facility would not only increase awareness of the program among residents but would help serve workers throughout the claimant process.

Furthermore, this legislation would repair the definition of an "atomic weapons employee" to assure that those exposed to residual radiation after a facility finished processing radioactive materials for nuclear weapons programs would qualify to apply for benefits-a truly fundamental expansion on which my esteemed colleague Senator Clinton has been a leader.

In a report released at the end of 2003, NIOSH identified 86 atomic weapons employer facilities across the country where there was a potential for significant residual radiation outside the period in which weapons-related production occurred, and 14 of those are in my home State of New York.

Passage of this new legislation would provide a significant opportunity for sick nuclear workers from across New York and the country who were formally excluded from this program to receive the compensation they deserve.

While the act was enacted to provide compensation to employees of the Department of Energy and its contractors who were exposed to radiation or other toxic substances, a significant portion of this program utterly failed-utterly failed-in its obligations to thousands of Americans who dutifully acted as soldiers on the front lines of the nuclear arms race.

After 4 years and more than $90 million in administrative funding, DOE admits they have only provided compensation to 4 claimants of the more than 24,000 who have applied for assistance under subtitle D. There have been multiple Senate hearings examining the failures of this program and particularly of subtitle D. GAO has studied DOE's efforts under subtitle D and found significant problems with both DOE's claims review process and the ability to pay valid claims.

Today we owe it to those who sacrificed their health and safety for the security of America to pass the Bunning-Bingaman amendment.

I yield the floor.