Letter to Secretary of U.S. Department of Energy Spencer Abraham
March 31, 2003
The Honorable Spencer Abraham
Secretary of Energy
U.S. Department of Energy
1000 Independence Avenue, Southwest
Washington, DC 20585
Dear Secretary Abraham:
The purpose of this letter is to gather information from the Department of Energy (DOE/Department) regarding what factors have caused the Department to fail to effectively implement its responsibilities under Subtitle D of the Energy Employees Occupational Illness Compensation Program Act (EEOICPA/Act). Specifically, it is my understanding based upon the Department's website and other sources, that a mere 14 out of 15,000 claims having moved through the DOE Physicians' Panels in the 8 months since DOE issued its Final Rule in August 2002. Indeed, it appears that nearly half of the 15,000 claims filed since July 2001 remain in limbo. This delay is unconscionable.
There are two facilities in Iowa that are covered under Subtitle D of the EEOICPA. To date, about 530 claims have been filed by former employees of the Iowa Army Ammunition Plant (IAAP). These individuals may have been made ill from exposure to toxic substances while employed at the IAAP. To the best of my knowledge, none of these claims have been reviewed by a DOE Physicians' Panel and none have been paid. Furthermore, I understand that the DOE lacks a "willing payor" at the IAAP for claims deemed valid by the Physicians' Panel.
The federal government announced to DOE's "veterans of the cold war" who had worked in ultra hazardous facilities assembling the nation's nuclear deterrent at the IAAP that help was on the way. Workers believed these representations. But, despite the Department's efforts to date, the prospect of meaningful help is at best a distant hope.
In sum, Mr. Secretary, the residents of Iowa are getting restless, I am restless, and the neglect that these workers continue to suffer at the hands of DOE will not be tolerated.
In light of this unacceptable situation, my keen interest in determining the root cause of the problem, and my commitment to fix the situation before any more people die; set forth below are a series of questions for the Department. In responding, please repeat the question, and set forth a clear and detailed response. In the event exhibits are needed to further respond to a question, please ensure that each exhibit is clearly identified and cross-referenced to the applicable question.
1) (a)How many claims have been received by DOE as of March 25, 2003? (b)What is the breakdown by DOE site, of claims filed as of March 25, 2003?
2) (a)How many claims have been approved by the Department's Physician Panels? (b)For each claim approved, please provide me with the status of payment. (c)As of March 25, 2003 how many claimants have actually received payment? (d)In the event payments have not been made to individuals approved by the Physician's Panel, please describe the obstacles preventing payment for each case?
3) Please provide to me a copy of the DOE's procedures manual that has been used to process claims under the Act.
4) Has the DOL provided a detailee to the DOE to review its procedures manual? Please provide me with a copy of any review or analysis of DOE's procedures manual and program.
5) (a)What is the budget for the Office of Worker Advocacy for FY 2003? (b)Please identify how many federal employees and contractor employees are working on the program. (c)Please provide a list of job titles, the number of individuals in each job category, and the organizational chart for both contractors and federal employees working in this program..
6) Please estimate how many years will it take to eliminate the existing backlog of 15,000 claims and include a copy of the DOE plan to reduce the backlog of claims.
7) How many calendar days will it take for the average new claim filed today to be processed, decided by a Physician Panel, and if valid, payment made?
8) (a)Have claimants received communications from the DOE acknowledging receipt of their claims? (b)How long, on average, do claimants wait to receive an acknowledgment? Please provide a copy of this communication.
9) Willing Payors: Please provide a list of all sites and contractors where DOE has identified a "willing payor" including the name of the payor and the specific arrangements made to assure payment of valid claims.
10) Please provide a list of all sites, contractors and categories of workers where DOE lacks a "willing payor" or where uncertainty exists whether or not there is a "willing payor."
11) Please advise me whether or not there is a "willing payor" in the State of Iowa?
12) In the event IAAP lacks a "willing payor" please describe the options available to claimants for compensation in Iowa.
14) How will DOE satisfy claims where there is no "willing payor?"
15) It is also my understanding that the Department provided a contract to Science Engineering Association (SEA) who is assisting, either directly or indirectly, with the processing of EEOICPA claims. (a)Please describe SEA's qualification for processing worker compensation claims? (b)In addition, I would appreciate detailed information outlining their past performance, expertise in the area of compensation claims and a brief history of the award process by which they were awarded the DOE contract. (c)I would also appreciate a copy of the SEA contract, including all amendments, modifications and applicable Requests for Proposals.
We look forward to receiving your response and all necessary attachments no later than April 22, 2003. Should you have any questions on this request please contact John Drake or Ed Wallace of my staff at 202-224-4515.
Thank you in advance for your assistance.
Sincerely,
Charles E. Grassley, of Iowa
United States Senator