"For many years, the government promoted a legacy of neglect toward those workers who helped build the strongest national security in the world," said Secretary Richardson. "We failed to take care of our workers who became sick. The legislative changes we are proposing today are an opportunity to build upon our commitment to do what is right for our employees and for this nation by showing we have listened to what our workers want -- more choices in benefits and more fairness in adjudicating claims."

The Administration’s proposal would amend the Energy Employees Occupational Illness Compensation Program Act of 2000 (Public Law 106-398), which was enacted in October 2000 with strong bipartisan support as part of the National Defense Authorization Act. The Act provides for compensation of Energy Department workers, or their survivors, who have occupational illnesses from exposure to the unique hazards associated with building the nation's nuclear defense. Secretary Richardson and Secretary of Labor Alexis M. Herman jointly transmitted the proposed amendments to Congress today.

The Department of Labor has primary responsibility for administering the compensation and medical benefits program, including determining eligibility requirements and adjudicating claims. Under the proposed amendments, a covered worker will be provided a choice of compensation remedies. The worker may elect to receive a lump sum payment of $150,000, as provided in the current law, or compensation for lost wages provided by the new legislation. Compensation for lost wages is the traditional remedy for workers’ compensation under Federal and State compensation programs. Both the new legislation and current law provide for payment of medical expenses.

The legislation also makes changes necessary to administer the compensation program effectively. These changes include clarifying agency responsibilities for various activities and providing appropriate review of eligibility and other determinations made in implementing this program. The reviews include an appeals process for workers who may disagree with findings on their claims.

The Department of Health and Human Services will develop guidelines for the Department of Labor to determine whether a cancer is likely to be related to a worker's occupational exposure to radiation, to establish methods to estimate worker exposure to radiation and develop estimates for those who have applied for compensation. A Presidential advisory board is now being selected to provide oversight and assure confidence in the scientific validity and quality of this work.

Secretary Richardson also made public an initial list of facilities to be covered under the legislation, including beryllium vendors, Energy Department sites that used radioactive materials and facilities where atomic weapons workers may have been employed. Some of these facilities are no longer operating. The list names 317 sites in 37 states, Puerto Rico, the District of Columbia and the Marshall Islands. This preliminary list, responding to a December 2000 Presidential Executive Order, will be published next week in the Federal Register.

Also in Washington on Thursday, the department’s new Environment, Safety and Health Worker Advocacy Advisory Committee held its first meeting. The committee chair is Emily Spieler, professor at West Virginia University College of Law. The 14-member committee’s work includes providing advice on worker compensation policy issues and reviewing the department’s worker advocacy program initiatives.

The proposed legislation, the preliminary list of facilities and information on the compensation program are available on the World Wide Web at http://www.eh.doe.gov/benefits. More information about the facilities will be available by the end of the month at the same website.

Workers who have questions about the compensation program may call the department’s toll-free number at 1-877-447-9756.