Letter to Comptroller General of the United States David M. Walker

March 28, 2003

The Honorable David M. Walker
Comptroller General of the United States
441 G Street, Northwest
Washington, DC 20548

Dear Mr. Walker

The purpose of this letter is to request that the General Accounting Office (GAO) conduct a review of the Energy Department's (DOE/Department) management of the claims and petitions filed under the Energy Employees Occupational Illness Compensation Program Act (EEOICPA) of 2000 (43 U.S.C. 7384-7385). In addition, I would appreciate your conducting a status review of pending claims, the issue of "willing payer(s)" and its impact upon current and future claimants, and the effectiveness of any contractors engaged by the Department to assist in its implementation of the EEOICPA.

EEOICPA was established as a compensation program to provide lump sum payments and prospective medical benefits as compensation to covered employees suffering from designated illnesses incurred as a result of their exposure to radiation, beryllium, or silica while in the performance of duty for DOE and certain of its vendors, contractors, and subcontractors. In my own State of Iowa, thousands of people who worked at the plant in Burlington were exposed to radioactivity, without proper safety procedures. Many are dying, and many more are ill, with little time left to ensure their loved ones will be cared for and compensated as intended by the EEOICPA.

The DOE is responsible for, among other things: reviewing and processing toxic substance claims, compiling records about patients, and forwarding the information to a physical panel. The physician panel thereafter reviews the claim to determine if the claimant's cancer can be shown to be caused by work at the facility. If the panel agrees, the claim can move forward for payment.

Based upon information available on DOE's website dated March 25, 2003, more than 15,000 claims have been filed with the Department over the last two year period. Of those 15,000 claims, the physician's panel has processed only 14 - less than 1 percent. Moreover, I understand that to date, none of the 14 claimants have received any payment on their respective claim(s). This is unconscionable.

I has also come to my attention that in some instances there is no willing payer available to compensate a claimant. If this is indeed the case, it begs the question: why, are these individuals filing claims that may never be acted upon by the executive branch?

As Chairman of the Committee on Finance, and as a Senator representing Iowans who were exposed to substances that are likely to cause their early death, I want to ensure that the EEOICPA, is operating in an effective, efficient, and economical manner.

Let me also take a moment to emphasize, that time is truly of the essence. Timely adjudication of cancer claims is a high priority for all affected individuals-they deserve no less.

In closing, thank you in advance for your cooperation, and I look forward to my staff and GAO officials meeting about the details of this management/status review in the near future.

Sincerely,

Charles E. Grassley, of Iowa
United States Senator