106th CONGRESS
2d Session
S. 2519
To authorize compensation and other benefits for employees of the Department of Energy, its contractors, subcontractors, and certain vendors who sustain illness or death related to exposure to beryllium, ionizing radiation, silica, or hazardous substances in the performance of their duties, and for other purposes.
IN THE SENATE OF THE UNITED STATES
Congress makes the following findings:
(1) Since World War II, Federal nuclear activities have been explicitly recognized by the United States Government as an ultra-hazardous activity under Federal law. Nuclear weapons production involves unique dangers, including potential catastrophic nuclear accidents that private insurance carriers will not cover, as well as chronic exposures to radioactive and hazardous substances, such as beryllium, that could medical harm even in small amounts.
(2) Since the inception of the nuclear weapons production program and for several decades afterwards, large numbers of nuclear weapons workers at Department of Energy and atomic weapons sites were put at risk without their knowledge and consent for reasons that, documents reveal, were driven by fears of adverse publicity, liability, and employee demands for hazardous duty pay.
(3) Numerous previously secret records document the continuing unmonitored exposure of employees to radiation, beryllium, heavy metals, and toxic substances at Department of Energy sites across the country.
(4) Since World War II, the Department of Energy and its predecessors have been self-regulating with respect to nuclear safety, and occupational safety and health. No other Federal agency has been afforded such sweeping powers of self-regulation with respect to hazardous activities.
(5) The Department of Energy policy to litigate occupational illness claims regardless of merit has deterred workers from filing workers compensation claims and imposed major financial burdens on workers who sought compensation. Department of Energy contractors have been held harmless, even for acts of negligence, while Department of Energy workers have been denied workers compensation coverage for occupational disease. The policy to avoid legal liabilities at all costs has been in place for decades.
(6) Over the past 20 years more than 24 scientific findings have emerged that indicate that Department of Energy workers are experiencing increased risks of death from cancer and nonmalignant diseases at numerous facilities that provided for the United States nuclear deterrent. Several of these studies also establish a correlation between such increased risk of disease and exposure to radiation and beryllium.
(7) Existing information indicates that State workers' compensation programs do not provide on a uniform basis adequate compensation for the types of occupational illnesses and diseases related to nuclear weapons production.
(8) The civilian employees who performed duties uniquely related to the Department of Energy's nuclear weapons production program over the last 50 years should have efficient, uniform, and adequate compensation for beryllium-related health conditions and radiation-related health conditions in order to assure fairness and equity.
This was later included in HR 5189 IH as it became The Energy Employees Occupational Illness Compensation Act of 2000.