Aug. 10--PADUCAH, Ky. -- Kentucky's federal lawmakers and the Department of
Energy are in a tug of war over legislation to strip DOE of its backlogged
program to compensate sick nuclear workers. Sen. Jim Bunning continues to meet with key members of the Senate and House
to try to influence the joint conference committee to accept his amendment to
the Defense Authorization Bill, which passed the Senate in June. U.S. Rep. Ed
Whitfield has persuaded at least 30 members of the House to sign a support
letter that will be sent to conferees after Congress reconvenes Sept. 7. "We're going to ask that conferees accept the Bunning amendment,"
Jeff Miles, Whitfield's press secretary, said Monday. Bunning's legislation would eliminate a massive claims backlog by moving the
program from DOE to the Department of Labor, which has handled other claims much
faster. Instead of supporting similar legislation by Whitfield, the House
amended the defense bill to eliminate a pay cap for DOE physician panelists in
hopes of accelerating claims. Conference committee members must work out the
differences in the two amendments. The DOE program has a backlog of more than 24,000 workers' compensations
claims by those exposed to toxic substances at nuclear plants. Even if DOE
eliminated the backlog by the 2006 target, there is no way to force insurance
companies or self-insured employers to pay claims. Despite the problem, the Bush administration opposes moving the DOE program
to the Labor Department, which would pay the claims. A separate Labor Department
program has paid about $900 million -- including $154 million at Paducah -- to
nuclear workers sickened from exposure to radiation, beryllium and silicon. Two weeks ago, the Energy Department submitted legislation to try to hold
onto its program by reimbursing current or former DOE contractors and
subcontractors, state workers' compensation agencies or anyone else who would
pay claims voluntarily. Only 14 claims have been paid since the DOE program
started in 2001. Some lawmakers say the Energy Department's proposal is an improvement but not
a solution because it would still not force claims payments. There are also
questions about funding. Iowa Sens. Charles Grassley and Tom Harkin, who worked with Bunning on the
amendment, said in recent news releases that considerable oversight and
congressional pressure has been placed on DOE. Grassley said he was
"looking for maximum security" in seeking to have the Labor Department
pay the claims. Given DOE's huge existing backlog, it's difficult to see how the agency could
manage reimbursing hundreds of current and former contractors, subcontractors
and insurance firms even if the groups agreed to pay, said Richard Miller,
policy analyst for the Washington-based Government Accountability Project. "What Sen. Bunning has done has really sort of pushed the Energy
Department into a corner," he said. "You're not seeing people
gravitate toward the DOE solution yet, if at all."
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