Dec. 8, 2000
Clinton orders uranium-worker compensation
U.S. could make first payments by end of 2001
http://www.courier-journal.com/localnews/2000/0012/08/001208uranium.html
By JAMES R. CARROLL
The Courier-Journal

WASHINGTON -- President Clinton issued an order yesterday setting up a comprehensive program to compensate workers with job-related illnesses at the Paducah, Ky., uranium plant and similar facilities.

Moving to put a program in place before leaving office next month, Clinton said the workers who were exposed to radiation or hazardous chemicals can never be fully repaid but "deserve fair compensation for their sacrifices."

The executive order means that thousands of people who worked in U.S. Department of Energy nuclear facilities and the families of workers who died may be able to file claims by the middle of next summer. The first payments, up to $150,000 for an individual, and medical coverage could be awarded by the end of 2001.

By the Energy Department's estimates, 3,000 to 4,000 sick plant workers would be covered, out of about 600,000 people who worked on nuclear weapons projects since the 1940s. Compensation may be available not only to government atomic workers, but to contract workers, government and private workers exposed to beryllium and silica, and uranium miners. The program's first five years could cost up to $1 billion, although Congress so far has appropriated only a quarter of that.

Clinton's order essentially adopted key provisions of legislation that the administration, advocates of the workers, Kentucky lawmakers and their colleagues from other states with Energy Department facilities had proposed earlier this year. That legislation was passed in October in somewhat weaker form after House Speaker Dennis Hastert, R-Ill., and other House Republicans raised objections about costs and other issues.

The White House action fills in many of the blanks in the legislation regarding how the compensation program should be run. The order gives administration of the program to the Department of Labor, which, among other things, will determine the eligibility of those who make claims and will adjudicate those claims.

Putting the key responsibility for the program with the Labor Department also will insulate worker claims against any perception of prejudice that might have attached to a program run by the Energy Department.

Claim forms are to be available by July 31, 2001, under Clinton's order.

The Department of Health and Human Services is charged with determining the scientific likelihood that workers making claims contracted cancer because of their jobs; estimating radiation doses for workers whose exposure records prove inadequate; and setting up a physicians' panel to evaluate the medical basis of claims.

The Energy Department is directed to provide "all relevant information pertaining to worker exposures, including access to restricted data" to help the workers in their claims. The department also is to negotiate with state workers' compensation boards to ensure that claims are paid.

After numerous lawsuits and public revelations, including reports in The Courier-Journal, Energy Secretary Bill Richardson acknowledged last year that workers at the Paducah Gaseous Diffusion Plant and at other department facilities may have been exposed to excess levels of radiation and hazardous substances. He also apologized to the workers and their communities for 50 years of federal denials of wrongdoing and government obstruction of claims.

"We've come a long way since I apologized on behalf of the government last year," Richardson said in a statement yesterday. "This is one of the most meaningful new federal programs in decades, impacting the lives of thousands of Americans."

Some workers may be able to collect as much as $150,000 plus medical care for health problems related to their work in nuclear weapons production or testing.

"I think by the end of 2001 or certainly early 2002, the first (compensation) payment will be made," said Rep. Ed Whitfield, a Republican who represents the 1st District, which includes Paducah. He praised the presidential order as "right on target."

Sen. Mitch McConnell, R-Ky., said the order brings workers "one step closer" to compensation.

"Our job is not yet complete," he said, "and I will continue to push the administration to implement this program as soon as possible."

Sen. Jim Bunning, R-Ky., said: "It is nice that the president is following the legislation as we proposed it."

In his order, Clinton said the Energy Department will monitor how well the compensation program is working by annually reporting on the number of claims filed, the extent of job-related illnesses reported at various facilities, and the number of claims approved.

Clinton also ordered the establishment of a 20-member panel that will include workers and their representatives and will advise government agencies on medical and scientific issues related to radiation exposure.

In addition, Clinton set up an interagency working group that will include the Labor Department, the Energy Department, Health and Human Services and the White House's Office of Management and Budget and National Economic Council, to develop legislation by next month "to ensure the program's fairness and efficiency."

Whitfield said he thought the working group could prepare legislation to add lost wages to the compensation program, a provision that was dropped by Congress.

While Clinton's order could be reversed or changed by the next administration, Whitfield doubted either George W. Bush or Al Gore would do so.

Richard Miller, a lobbyist for the local unions at Paducah and its sister facility in Piketon, Ohio, said he was pleased by Clinton's order "because the legislation (passed in October) left unanswered very important administrative decisions the president has now taken."

"It's not as much as we needed, but it's important because it moves the ball forward again," Miller said. He said efforts already are under way to put improvements to the program in legislation that will be introduced next year.

Rep. Ted Strickland, D-Ohio, whose district includes the Pike-ton plant, agreed with Miller.

"I'm pleased but not satisfied," Strickland said. "I think there are things we can do to make it stronger."

Fotografia di un bambino nato a Jadogoda (miniere di uranio in India), by Takashi Morizumi

"Il pericolo non è la bomba atomica, è il comunismo"
Gladio,  da un volantino dell'esercitazione di controinsorgenza "Operazione Delfino", Italia del nord, 1966

EXECUTIVE ORDER
 - - - - - - -
PROVIDING COMPENSATION TO AMERICA'S NUCLEAR WEAPONS WORKERS

By the authority vested in me as President by the Constitution and the laws of the United States of America, including Public Law 106-398, the Energy Employees Occupational Illness Compensation Program Act of 2000 (Public Law 106-398, the "Act"), and to allocate the responsibilities imposed by that legislation and to provide for further legislative efforts, it is hereby ordered as follows:

Section 1.  Policy.  Since World War II, hundreds of thousands of men and women have served their Nation in building its nuclear defense. In the course of their work, they overcame previously unimagined scientific and technical challenges.  Thousands of these courageous Americans, however, paid a high price for their service, developing disabling or fatal illnesses as a result of exposure to beryllium, ionizing radiation, and other hazards unique to nuclear weapons production and testing.  Too often, these workers were neither adequately protected from, nor informed of, the occupational hazards to which they were exposed.

Existing workers' compensation programs have failed to provide for the needs of these workers and their families. Federal workers' compensation programs have generally not included these workers. Further, because of long latency periods, the uniqueness of the hazards to which they were exposed, and inadequate exposure data, many of these individuals have been unable to obtain State workers' compensation benefits.  This problem has been exacerbated by the past policy of the Department of Energy (DOE) and its predecessors of encouraging and assisting DOE contractors in opposing the claims of workers who sought those benefits.  This policy has recently been reversed.

While the Nation can never fully repay these workers or their families, they deserve recognition and compensation for their sacrifices.  Since the Administration's historic announcement in July of 1999 that it intended to compensate DOE nuclear weapons workers who suffered occupational illnesses as a result of exposure to the unique hazards in building the Nation's nuclear defense, it has been the policy of this Administration to support fair and timely compensation for these workers and their survivors.  The Federal Government should provide necessary information and otherwise help employees of the DOE or its contractors determine if their illnesses are associated with conditions of their nuclear weapons-related work; it should provide workers and their survivors with all pertinent and available information necessary for evaluating and processing claims; and it should ensure that this program minimizes the administrative burden on workers and their survivors, and respects their dignity and privacy.  This order sets out agency responsibilities to accomplish these goals, building on the Administration's articulated principles and the framework set forth in the Energy Employees Occupational Illness Compensation Program Act of 2000.  The Departments of Labor, Health and Human Services, and Energy shall be responsible for developing and implementing actions under the Act to compensate these workers and their families in a manner that is compassionate, fair, and timely.  Other Federal agencies, as appropriate, shall assist in this effort.

Sec. 2.  Designation of Responsibilities for Administering the Energy Employees' Occupational Illness Compensation Program ("Program").

(a) Secretary of Labor.  The Secretary of Labor shall have primary responsibility for administering the Program.  Specifically, the Secretary shall:

(i) Administer and decide all questions arising under the Act not assigned to other agencies by the Act or by this order, including determining the eligibility of individuals with covered occupational illnesses and their survivors and adjudicating claims for compensation and benefits;

(ii) No later than May 31, 2001, promulgate regulations for the administration of the Program, except for functions assigned to other agencies pursuant to the Act or this order;

(iii) No later than July 31, 2001, ensure the availability, in paper and electronic format, of forms necessary for making claims under the Program; and

(iv) Develop informational materials, in coordination with the Secretary of Energy and the Secretary of Health and Human Services, to help potential claimants understand the Program and the application process, and provide these materials to individuals upon request and to the Secretary of Energy and the Attorney General for dissemination to potentially eligible individuals.

(b) Secretary of Health and Human Services.  The Secretary of Health and Human Services shall:

(i) No later than May 31, 2001, promulgate regulations establishing:

(A) guidelines, pursuant to section 3623(c) of the Act, to assess the likelihood that an individual with cancer sustained the cancer in the performance of duty at a Department of Energy facility or an atomic weapons employer facility, as defined by the Act; and

(B) methods, pursuant to section 3623(d) of the Act, for arriving at and providing reasonable estimates of the radiation doses received by individuals applying for assistance under this program for whom there are inadequate records of radiation exposure;

(ii) In accordance with procedures developed by the Secretary of Health and Human Services, consider and issue determinations on petitions by classes of employees to be treated as members of the Special Exposure Cohort;

(iii) With the assistance of the Secretary of Energy, apply the methods promulgated under subsection (b)(i)(B) to estimate the radiation doses received by individuals applying for assistance;

(iv) Upon request from the Secretary of Energy, appoint members for a physician panel or panels to consider individual workers' compensation claims as part of the Worker Assistance Program under the process established pursuant to subsection (c)(v); and

(v) Provide the Advisory Board established under section 4 of this order with administrative services, funds, facilities, staff, and other necessary support services and perform the administrative functions of the President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), with respect to the Advisory Board.

(c) Secretary of Energy.  The Secretary of Energy shall:

(i) Provide the Secretary of Health and Human Services and the Advisory Board on Radiation and Worker Health access, in accordance with law, to all relevant information pertaining to worker exposures, including access to restricted data, and any other technical assistance needed to carry out their responsibilities under subsection (b)(ii) and section 4(b), respectively.

(ii) Upon request from the Secretary of Health and Human Services or the Secretary of Labor, and as permitted by law, require a DOE contractor, subcontractor, or designated beryllium vendor, pursuant to section 3631(c) of the Act, to provide information relevant to a claim under this Program;

(iii) Identify and notify potentially eligible individuals of the availability of compensation under the Program;

(iv) Designate, pursuant to sections 3621(4)(B) and 3622 of the Act, atomic weapons employers and additions to the list of designated beryllium vendors;

(v) Pursuant to Subtitle D of the Act, negotiate agreements with the chief executive officer of each State in which there is a DOE facility, and other States as appropriate, to provide assistance to a DOE contractor employee on filing a State workers' compensation system claim, and establish a Worker Assistance Program to help individuals whose illness is related to employment in the DOE's nuclear weapons complex, or the individual's survivor if the individual is deceased, in applying for State workers' compensation benefits.  This assistance shall include:

(1) Submittal of reasonable claims to a physician panel, appointed by the Secretary of Health and Human Services and administered by the Secretary of Energy, under procedures established by the Secretary of Energy, for determination of whether the individual's illness or death arose out of and in the course of employment by the DOE or its contractors and exposure to a toxic substance at a DOE facility; and

(2) For cases determined by the physician panel and the Secretary of Energy under section 3661(d) and (e) of the Act to have arisen out of and in the course of employment by the DOE or its contractors and exposure to a toxic substance at a DOE facility, provide assistance to the individual in filing for workers' compensation benefits.  The Secretary shall not contest these claims and, to the extent permitted by law, shall direct a DOE contractor who employed the applicant not to contest the claim;

(vi) Report on the Worker Assistance Program by making publicly available on at least an annual basis claims-related data, including the number of claims filed, the number of illnesses found to be related to work at a DOE facility, job location and description, and number of successful State workers' compensation claims awarded; and

(vii) No later than January 15, 2001, publish in the Federal Register a list of atomic weapons employer facilities within the meaning of section 3621(5) of the Act, Department of Energy employer facilities within the meaning of section 3621(12) of the Act, and a list of facilities owned and operated by a beryllium vendor, within the meaning of section 3621(6) of the Act.

(d) Attorney General.  The Attorney General shall:

(i) Develop procedures to notify, to the extent possible, each claimant (or the survivor of that claimant if deceased) whose claim for compensation under section 5 of the Radiation Exposure Compensation Act has been or is approved by the Department of Justice, of the availability of supplemental compensation and benefits under the Energy Employees Occupational Illness Compensation Program;

(ii) Identify and notify eligible covered uranium employees or their survivors of the availability of supplemental compensation under the Program; and

(iii) Upon request by the Secretary of Labor, provide information needed to adjudicate the claim of a covered uranium employee under this Program.

Sec. 3.  Establishment of Interagency Working Group.

(a) There is hereby established an Interagency Working Group to be composed of representatives from the Office of Management and Budget, the National Economic Council, and the Departments of Labor, Energy, Health and Human Services, and Justice.

(b) The Working Group shall:

(i) By January 1, 2001, develop a legislative proposal to ensure the Program's fairness and efficiency, including provisions to assure adequate administrative resources and swift dispute resolution; and

(ii) Address any impediments to timely and coordinated Program implementation.

Sec. 4.  Establishment of Advisory Board on Radiation and Worker Health.

(a) Pursuant to Public Law 106-398, there is hereby established an Advisory Board on Radiation and Health (Advisory Board).  The Advisory Board shall consist of no more than 20 members to be appointed by the President.  Members shall include affected workers and their representatives, and representatives from scientific and medical communities.  The President shall designate a Chair for the Board among its members.

(b) The Advisory Board shall:

(i) Advise the Secretary of Health and Human Services on the development of guidelines under section 2(b)(i) of this order;

(ii) Advise the Secretary of Health and Human Services on the scientific validity and quality of dose reconstruction efforts performed for this Program; and

 (iii) Upon request by the Secretary of Health and Human Services, advise the Secretary on whether there is a class of employees at any Department of Energy facility who were exposed to radiation but for whom it is not feasible to estimate their radiation dose, and on whether there is a reasonable likelihood that such radiation dose may have endangered the health of members of the class.

Sec. 5.  Reporting Requirements.  The Secretaries of Labor, Health and Human Services, and Energy shall, as part of their annual budget submissions, report to the Office of Management and Budget (OMB) on their activities under this Program, including total expenditures related to benefits and program administration.  They shall also report to the OMB, no later than March 1, 2001, on the manner in which they will carry out their respective responsibilities under the Act and this order.  This report shall include, among other things, a description of the administrative structure established within their agencies to implement the Act and this order.  In addition, the Secretary of Labor shall annually report on the total number and types of claims for which compensation was considered and other data pertinent to evaluating the Federal Government's performance fulfilling the requirements of the Act and this order.

Sec. 6.  Administration and Judicial Review.  (a) This Executive Order shall be carried out subject to the availability of appropriations, and to the extent permitted by law.

(b) This Executive Order does not create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers or employees, or any other person.

WILLIAM J. CLINTON

THE WHITE HOUSE,
December 7, 2000.

Oak Ridge and its' industry minions use supplanted activist organizations to hide emission/toxic effects and nuclear human experiment war crimes.

Oak Ridge and other gas diffusion sites are primarily Bhopal like chemical affected areas and secondarily a Chernobyl like radiation affected area.  Gas diffusion sites are also affected with high coal power emissions and compounded with heavy metal toxins and hundreds of other toxic exposure from the plants.

These exposures cause shortened longevity, impacted learning, and produce a gullible population for political and industry profiting.

Gulf War affected have also related fluoride toxic effects from US-nerve gases.

In common with GW and DOE gas diffusion ills are long term halogen toxic insult via bioconcentration into the lymphatic system, impairment of macrophages, and damage to mitochondria of cells resulting in immune protection damage and resultant rise of viral, bacterial, microplasma, and fungal cell damage.

In the new millenium, the truth will set all  free to enter a kinder and gentler time for environment and health.