[Senate Hearing 106-570] [From the U.S. Government Publishing Office] S. Hrg. 106-570 DEPARTMENT OF ENERGY'S MANAGEMENT OF HEALTH AND SAFETY ISSUES AT ITS GASEOUS DIFFUSION PLANTS IN OAK RIDGE, TENNESSEE, AND PIKETON, OHIO ======================================================================= HEARING BEFORE THE COMMITTEE ON GOVERNMENTAL AFFAIRS UNITED STATES SENATE ONE HUNDRED SIXTH CONGRESS SECOND SESSION __________ MARCH 22, 2000 __________ Printed for the use of the Committee on Governmental Affairs __________ U.S. GOVERNMENT PRINTING OFFICE 64-250 WASHINGTON : 2000 _______________________________________________________________________ For sale by the Superintendent of Documents, Congressional Sales Office U.S. Government Printing Office, Washington, DC 20402 COMMITTEE ON GOVERNMENTAL AFFAIRS FRED THOMPSON, Tennessee, Chairman WILLIAM V. ROTH, Jr., Delaware JOSEPH I. LIEBERMAN, Connecticut TED STEVENS, Alaska CARL LEVIN, Michigan SUSAN M. COLLINS, Maine DANIEL K. AKAKA, Hawaii GEORGE V. VOINOVICH, Ohio RICHARD J. DURBIN, Illinois PETE V. DOMENICI, New Mexico ROBERT G. TORRICELLI, New Jersey THAD COCHRAN, Mississippi MAX CLELAND, Georgia ARLEN SPECTER, Pennsylvania JOHN EDWARDS, North Carolina JUDD GREGG, New Hampshire Hannah S. Sistare, Staff Director and Counsel William M. Outhier, Investigative Counsel Elizabeth ``Libby'' S. Wood, Legislative Director for Senator Thompson Catherine C. Walters, Legislative Assistant for Senator Voinovich Andrew Richardson, Professional Staff Member, Oversight of Government Management, Restructuring and the District of Columbia Joyce A. Rechtschaffen, Minority Staff Director and Counsel Jonathan M. Gill, Minority GAO Detailee Darla D. Cassell, Administrative Clerk C O N T E N T S ------ Opening statements: Page Senator Thompson............................................. 1 Senator Voinovich............................................ 2 Senator Akaka................................................ 7 Senator Lieberman............................................ 8 WITNESSES Wednesday March 22, 2000 Vikki Hatfield, daughter of former K-25 and Y-12 worker, Kingston, Tennessee............................................ 8 Ann H. Orick, former K-25 worker, Knoxville, Tennessee........... 11 Sam Ray, former Portsmouth Gaseous Diffusion Plant worker, Lucasville, Ohio............................................... 15 Jeffery B. Walburn, current guard with restriction, Portsmouth Gaseous Diffusion Plant, Greenup, Kentucky..................... 17 David Michaels, Ph.D., MPH, Assistant Secretary for Environment, Safety and Health, U.S. Department of Energy, Washington, DC... 28 Steven B. Markowitz, M.D., Professor and Director, Center for the Biology of Natural Systems, Queens College, City University of New York, Flushing, New York................................... 30 Alphabetical List of Witnesses Hatfield, Vikki: Testimony.................................................... 8 Prepared statement with attachments.......................... 48 Markowitz, Steven B., M.D.: Testimony.................................................... 30 Prepared statement with attachments.......................... 93 Michaels, David, Ph.D.: Testimony.................................................... 28 Prepared statement........................................... 86 Orick, Ann H.: Testimony.................................................... 11 Prepared statement with attachments.......................... 63 Ray, Sam: Testimony.................................................... 15 Prepared statement........................................... 72 Walburn, Jeffery B.: Testimony.................................................... 17 Prepared statement........................................... 84 APPENDIX Senator Mike DeWine, U.S. Senator from the State of Ohio, prepared statement............................................. 47 Question for the record submitted by Senator Stevens and response from Dr. David Michaels........................................ 47 Additional Testimony Submitted for the Record Peggy Adkins, Oak Ridge, TN...................................... 123 Ruby I. Anderson, Kingston, TN................................... 124 Glenn Bell, Oak Ridge, TN, with attachments...................... 128 Joseph P. Carson, P.E., Knoxville, TN............................ 191 Richard Coen..................................................... 194 Linda Cox, Clinton, TN........................................... 195 Lynn Cox, Clinton, TN............................................ 198 Cheryll A. Dyer, Clinton, TN..................................... 201 Rick A. Dyer, Clinton, TN........................................ 205 Sherrie Graham Farver, Oak Ridge, TN, with attachments........... 206 Linda Gass, Powell, TN, with attachments......................... 234 Harry Edwin Gray, Oak Ridge, TN.................................. 247 Barbara Hooper, Knoxville, TN.................................... 248 Roscoe Hooper, Knoxville, TN..................................... 252 J.D. Hunter, Oliver Springs, TN.................................. 253 Elizabeth Hutchins, Nashville, TN................................ 255 Rose Marshall, Knoxville, TN..................................... 256 Karen Renee Dyer Massey, Hermitage, TN........................... 258 Janet R. Michel, Knoxville, TN................................... 260 James E. Phelps, Oak Ridge, TN................................... 277 Mary Pinckard, Kingston, TN...................................... 284 Mack A. Orick, Knoxville, TN..................................... 287 Edward A. Slavin, Jr., ``DOE's Toxic, Hostile Working Environment Violates Human Rights''........................................ 294 Thomas G. and Marjorie Spangler, Knoxville, TN................... 437 Kathryn B. Swain, Harrisburg, NC................................. 438 Roy E. Swatzell.................................................. 441 Lloyd Terry, Powell, TN.......................................... 442 Sherry Terry, Powell, TN......................................... 443 Whitney Terry, Powell, TN........................................ 444 Janine L. Voner, Maryville, TN................................... 445 Pamela Gillis Watson, Oak Ridge, TN.............................. 447 DEPARTMENT OF ENERGY'S MANAGEMENT OF HEALTH AND SAFETY ISSUES AT ITS GASEOUS DIFFUSION PLANTS IN OAK RIDGE, TENNESSEE, AND PIKETON, OHIO ---------- WEDNESDAY, MARCH 22, 2000 U.S. Senate, Committee on Governmental Affairs, Washington, DC. The Committee met, pursuant to notice, at 10:17 a.m., in room SD-342, Dirksen Senate Office Building, Hon. Fred Thompson, Chairman of the Committee, presiding. Present: Senators Thompson, Voinovich, Lieberman, and Akaka. OPENING STATEMENT OF CHAIRMAN THOMPSON Chairman Thompson. The Committee will come to order, please. Senator Lieberman, our Ranking Member, has a matter that is going to take him until about 10:30, so he will be joining us in about 20 minutes. I think Senator Akaka and some others will be joining with us shortly. But we are getting started a little late, so I want to go ahead and begin. We usually like to start these things on time, but we had a vote this morning at 10, so we had to go and vote before we started. I want to welcome all of those who have come from Oak Ridge, Tennessee, and Piketon, Ohio to attend this hearing. We certainly appreciate you traveling all this way to be here. We know this issue is very important to you. It is very important to us and to many others at both sites who could not be here with us today, but they are well represented. We are here this morning to discuss one of the more unseemly aspects of the Cold War: The possibility that the Federal Government put workers at its nuclear weapons plants in harm's way without the workers' knowledge. Now, I have been concerned about this issue for some time, since I started hearing from current and former workers in the Oak Ridge area about a pattern of unexplained illnesses that many believed were related to their service at the Department of Energy site. In 1997, the Nashville Tennessean had extensive coverage and interviews of many people. They had done very impressive work that brought this to the attention of not only people in Tennessee, but in other parts of the country. So in 1997, I asked then-Director of the Centers for Disease Control (CDC) to send a team to Oak Ridge to assess the situation and try to determine if what we were seeing there was truly unique. Unfortunately, in the end, the CDC did not take a broad enough look at the situation to really answer all the questions that had been raised. That, of course, has been a pattern at Oak Ridge and at many of these DOE sites over the years. Studies have been done, some on very narrow populations, and some on larger ones, some apparently showing some correlations and some not able to reach any conclusions at all. The data is mixed, some of it is flawed, and we are left with a situation that is confusing and from which it has been very difficult to draw definite conclusions on every aspect of it. Yet, there is a growing realization that there are illnesses among current and former DOE workers that logic tells us are probably related to their service at these weapons sites. For example, approximately 150 current and former workers at the DOE complex have been diagnosed with Chronic Beryllium Disease. Many more have so-called ``beryllium sensitivity,'' which often develops into Chronic Beryllium Disease. The only way to contract either of these conditions is to be exposed to beryllium powder. The only entities that use beryllium in that form are the Department of Energy and the Department of Defense. There are other examples, perhaps less clear-cut, but certainly worthy of concern--uranium, plutonium, a variety of heavy metals found in people's bodies. Anecdotes about hazardous working conditions where people were unprotected both against exposures they knew were there and exposures of which they were not aware. So it is time for the Federal Government to stop automatically denying any responsibility and face up to the fact that it appears as though it made at least some people sick. The question now is: what can we do about it? And how do we make sure it never happens again? I want to say that I believe the Department of Energy--and especially Dr. Michaels, who will be testifying here this morning--have taken important steps forward in this regard. Rather than continuing to deny any linkage, they have said that if the Department made people sick, then we should compensate them for it. I look forward to working with the Department and with the Oak Ridge community, and with my colleagues in the Senate to determine the best and fairest way to accomplish that goal. In the end, we must remember that these workers were helping to defend our Nation and protect our security. They were patriotic and proud of the work that they were doing. If the Federal Government made mistakes that jeopardized their health and safety, then we need to do what we can do to make it right. A great country can do nothing less. Senator Voinovich. OPENING STATEMENT OF SENATOR VOINOVICH Senator Voinovich. Thank you, Mr. Chairman. I would like to first of all thank you for holding this hearing this morning. It is very important to the people in Southern Ohio and your own State and I think that this hearing has national implications in terms of how this country treats people that have been injured as a result of working at nuclear facilities that are important to our Nation's national security. I would like to thank Sam Ray and Jeff Walburn for your courage in coming here today and relaying their personal experiences to the Members of this Committee. Since 1954, and the start of the Cold War, the Portsmouth Gaseous Diffusion Plant in Piketon, Ohio, has served as one of a handful of our Nation's processors of high-quality nuclear material. The main purpose of the plant at Piketon was to enrich uranium for the use in nuclear weapons and propulsion systems for our naval vessels. Sometimes people forget about the fact that almost all of our major naval vessels are propelled by nuclear power. Over the years, thousands of dedicated men and women in the civilian workforce at Piketon helped keep our military fully supplied and our Nation fully prepared to meet any potential threat. Their success is measured in part with the end of the Cold War and the collapse of the Soviet Union. However, their success came at a high price. Over the years, the Columbus Dispatch has run a number of articles dealing with health and safety incidences among the employees at Piketon. The most recent series of articles showed that for decades, some workers at Piketon did not know they had been exposed to dangerous levels of radioactive material, because, until recently, proper safety precautions were rarely taken to adequately protect workers' safety. Even when precautions were taken, the application of protective standards was certainly inconsistent. For years, few workers dared openly speak about the loss of friends and co-workers to illness, their own diminished health and the increased risk that they had placed on their families. Many employees fear that exposing such health and safety problems would jeopardize the very existence of the plant, and the thousands of good-paying jobs it provided the community, and there are still employees that are still unwilling to come forward. To a great extent, those who did complain to management were labeled as ``malingerers'' or ``malcontents'' and were told that their health complaints were ``unrelated'' or ``all in their head.'' Mr. Chairman, to me, it is unconscionable that people who were in management could be so insensitive and uncaring about their fellow workers. If we think about the two great commandments, love of God, and love of fellow man, certainly that second great commandment was broken over and over again at that plant in terms of how they treated their fellow workers and their fellow man. Our witnesses today representing the workers of the Portsmouth Gaseous Diffusion Plant have legitimate questions: What kind of material was handled? When was it handled? What kind of exposure risk existed at the entire facility? Are there still existing risks? And, what are the long-term health concerns of workers at the facility and for their families? The government and its contractors must provide clear facts regarding the risks that Piketon's employees have endured, and the same thing at Oak Ridge. Once those facts are known, it is necessary for the Federal Government to provide whatever health care assistance is needed for those workers who have health problems as a result of their employment at those facilities. Last July, President Clinton appeared to take this responsibility seriously when he announced a health initiative for DOE workers to help both current and former employees of DOE's nuclear facilities. This health initiative included the administration's intent to propose legislation compensating energy contractors exposed to beryllium and other toxic and radioactive materials. The initiative also directed the White House's National Economic Council to conduct an interagency review to focus on what other illnesses warrant inclusion in this program and how this should be accomplished. That report is due at the end of this month. The administration has already acted on part of this initiative, having had legislation introduced by Senator Bingaman that would establish a compensation program for employees of the Department of Energy who suffer from Chronic Beryllium Disease, what we call CBD. Beryllium, which is a toxic substance, can cause major health problems if proper precautions are not taken while it is being handled. Under this bill, S. 1954, CBD sufferers would be entitled to $100,000 in compensation. The legislation will provide a measure of relief to workers in a handful of States, including Ohio, who are afflicted with CBD. In addition to CBD sufferers, S. 1954 covers a small group of workers at Oak Ridge, and establishes a pilot compensation project for workers whose illnesses may have been caused by on-the-job exposure to radioactive substances at Paducah. S. 1954 also provides for a shift in the burden of proof from an employee to the Federal Government in proving an illness is job-related. That is a very, very important issue. Under current law, an employee at a nuclear facility who alleges that his or her illness is related to their job must establish a direct link in order for their illnesses to be compensated. The problem is, many individuals were not able to get coverage under State Workers' Compensation because of the latency period of their disease from first exposure to the onset of the illness. Too much time went by, so the statute of limitations was exceeded. As a cosponsor of S. 1954, I think it will help those workers who suffer from CBD and ensure that workers who have been harmed by the government can get proper and timely benefits. However, this legislation does not address the health concerns that have been raised by the men and women who work at the Piketon, Ohio plant. I would like to say, for the record, before this legislation is acted upon by the Senate, it must be amended to include all injured workers at the Department of Energy nuclear facilities across the Nation, including Piketon, right across the board, all of them. Let us not do this thing halfway. I believe once it is amended, S. 1954 will provide relief to thousands of nuclear workers and no longer force them to undertake the difficult task of proving their illnesses were job-related. However, early indications, and I am very concerned about this, are that the NEC's report due at the end of next week, will contain a recommendation that will take a 180-degree turn from where they are today. I understand the NEC report will continue to place the burden of proof on proving job-related illnesses on the workers' shoulders by establishing a process that will consider radiation dosimetry records, age, lifestyle, and workplace hazards. Mr. Chairman, I am concerned that if the NEC recommends this burden of proof standard, many employees will find it nearly impossible to prove that their job was responsible for their illness. At the public hearings in Piketon that I attended last October, many workers stated that plant management not only did not keep accurate dosimetry records, in some cases, they changed the dosimetry records to show lower levels of radiation exposure. They changed them. One of our witnesses here this morning will testify to that effect. If workers at Piketon cannot produce consistent, reliable, and factual data in order to meet this burden of proof standard, their ability to receive Workers' Compensation benefits will be virtually nonexistent. Mr. Chairman, from everything that I have read, the hearing I attended, and everything I have ascertained about the practices at Piketon, I believe that there was a deliberate effort by management to down play and minimize the risk to workers that were exposed at that facility. Energy Secretary Richardson has already set the precedent of shifting the burden of proof to the government by way of the administration's bill, S. 1954. It would be unfair to workers who have already been injured and neglected by our government for the administration to back away from their own legislative proposal. I hope that the Committee will listen closely to the testimony of Mr. Ray and Mr. Walburn and the other witnesses that are here today who represent countless others. This place could be filled, as it was when I was in Piketon, with people that have stories to tell that will break your heart. These individuals have only asked that the U.S. Government, the government that they spent their lives defending, acknowledge that they were made ill in the course of doing their job and recognize that the government must take care of them. Sadly, because of the government's stonewalling and denial of responsibility, the only way any of these employees will ever receive proper restitution for what the government has done is to file a lawsuit against the Department of Energy or their contractors. Mr. Walburn, I understand you have been forced to do that. Mr. Chairman, these issues have been around for more than 40 years--40 years. In 1959, there were 6 days of hearings held on the topic of employee radiation hazards and Workers' Compensation. In 1962, there were 4 days of hearings held on radiation Workers' Compensation. I believe that the brave men and women of Piketon, Oak Ridge, and Paducah--as well as all the others that have served our Nation--deserve to know that the Federal Government was responsible for causing them illness or harm, and if so, to provide them the care they need. The time to act is now. We have had enough hearings over the years. Now is the time to do something to take care of these people. We owe it to them. They served their country and we have an obligation to them. Thank you, Mr. Chairman. Chairman Thompson. Thank you very much. I appreciate your remarks, especially with regard to the legislation. I could not agree with you more. I think that the legislation proposed was a first step. It talked in terms of likelihood, which is a whole lot less than the burden of proof necessary in most lawsuits. I think that was on track. But the $100,000 lump sum for a limited group of people is insufficient. It does not cover medical expenses, for example, and that is going to be--it is one thing if you lose a limb or something like that. Most of your medical expenses are over with. Workers' Compensation will give you permanent, partial, or whatever, and pay you out. But in something like this, a disease like this, it is your medical expenses that are going to be the big item from now on, and so that is going to have to be addressed. I might point out, too, the reason we are in Washington, DC, today instead of in one of these other locations, in Piketon or Oak Ridge or other places that we could be, is because this is a national problem and it should not be limited to the concern of people at these locations and the media in these locations. It should be considered a matter of national concern. The other reason is that while we want to get a limited amount of additional information on the record with regard to some of these problems, I do not think you have to convince the Members of this panel that where there is this much smoke that there is some fire, that there is some causality there. As Senator Voinovich said, we could fill this building up many times over with people, and I do not want you to feel like you are getting short shrift because just a handful are testifying here today, because we get information from the DOE, we get information from people on the ground, we talk to people individually. We are monitoring these studies. We are already convinced that there is a major problem here. What we need to concentrate on now is what we are going to do about it. Usually, or ideally, I guess you should say, in solving a problem like this, you have exposure on the one hand and you have illnesses on the other and you see to what extent they go together. The only problem here is that the exposure data is very, very faulty. They did not keep adequate records. They covered up some information. To this day, they are still redacting certain information for national security purposes, which is something we are going to have to look at. So it is a very, very difficult thing to show causality under these circumstances. So our challenge is what do we do about it? How do we set up a system that is fair, and I think the Department is trying to move in that direction, a system that is fair in order to make this determination. Everybody that has an illness that works in a particular place cannot be compensated simply because they have an illness. There has got to be some kind of connection. But the burden, as you say, the burden of proof should not be on the workers anymore because of this history. You cannot deprive people of an opportunity to make their case and then say, you have not made your case, which is what has happened in some cases. There should be some presumptions, and I think the Department and the administration is going to come with additional legislation, and what we are here today, I think, to do in part is to tell the administration, when you come with this legislation, there had better be some things in there, some basic things in there or it is not going to go and we are going to have to do something else. I think there need to be some presumptions, shifting of the burdens you have talked about, some presumptions, all taking into account the fact of this history and the fact that we cannot show causation sometimes when perhaps we otherwise could if the records were there and people had dealt honestly. So that is why we are here. We want to know what the government is doing, how far along are they, where are they in terms of this analysis. It is a big, big job. It is a tremendous job. Nobody has ever tried to do anything like this before. There has not been this kind of testing and sampling going on in the country with regard to anything like this before. There have been some discrete bills passed for particular people, black lung disease and things like that in the past, but nothing of this magnitude. It is a tremendous job. We want to know how far along are they, is Congress doing its job. We are not necessarily providing enough funds to move fast enough to test all these people. We want to talk about that. Then we want to talk about a compensation, a fair way to go about dealing with a vast number of people and come up with a system of fair adjudication and compensation whereby not everybody who calls in and says they want a check automatically gets one. You have got to be honest about that. But they have a fair chance of saying, if you had this kind of exposure or the government has kept you or contractors have kept you from showing what the exposure is, then the burden is on the government. It is just that simple, and you consider it on a case-by-case basis. All of that is just to provide some background as to why I thought it was important to have something here in Washington, DC. Senator Akaka, did you have any preliminary statement? Senator Akaka. Yes, I do. Chairman Thompson. Senator Akaka. OPENING STATEMENT OF SENATOR AKAKA Senator Akaka. Thank you very much, Mr. Chairman. I want to thank you for holding this hearing today on health and safety issues at the Department of Energy's gaseous diffusion plants at Oak Ridge, Tennessee, and Piketon, Ohio. I will be brief, Mr. Chairman. It is indeed an honor to receive the testimony of these fine people and I appreciate their willingness to appear before us today. I am hopeful, like the Chairman, that the recently introduced compensation proposal will receive all due consideration. Mr. Chairman, the issue of government compensation is one with which I am familiar. As you may know, under the 1986 Compact of Free Association entered into between the United States and the Government of the Republic of Marshall Islands, a $150 million nuclear claims fund was created. The fund is to compensate Marshallese victims of radiological exposure from U.S. nuclear testing in the islands during the 1940's and 1950's. The fund is intended to generate a perpetual source of income for potential claimants, and I thought I would mention this to you and to the folks here. Again, Mr. Chairman, I am very pleased to be here today with you. Chairman Thompson. Thank you very much. Our first panel consists of four current and former workers at the gaseous diffusion plants in Oak Ridge and Piketon. The witnesses are Vikki Hatfield, the daughter of a former K-25 and Y-12 worker in Oak Ridge. Thank you for being with us, Ms. Hatfield. Ann Orick, former K-25 worker in Oak Ridge, thank you for being here. Sam Ray, former worker at the Portsmouth Gaseous Diffusion Plant. Thank you, Mr. Ray. And Jeff Walburn, a current worker at the Portsmouth Gaseous Diffusion Plant. I understand that you have opening statements. Proceed. We have a lot of people to hear from here today, but I am not going to limit you. Say what you have got to say. Ms. Hatfield, would you like to begin? Ms. Hatfield. Sure. Chairman Thompson. Excuse me. We have just been joined by the Ranking Member. Senator Lieberman, would you like to make any preliminary comments. OPENING STATEMENT OF SENATOR LIEBERMAN Senator Lieberman. Mr. Chairman, thank you. I would like to very briefly welcome the witnesses and thank you and Senator Voinovich for the work you are doing here. I have real concerns about the information that you brought to my attention about the environmental safety and health issues at the gaseous diffusion plants and I appreciate the interest and the leadership that you both have shown. Unfortunately, because of scheduling conflicts, I cannot stay here a long time, but I wanted to stop by and express my support for what you are doing here and also to spend as much time as I could hearing the folks who are before us. I thank you very much for your courtesy. Chairman Thompson. Thank you very much. Senator Voinovich. We also have Congressman Strickland here, if we could just---- Chairman Thompson. Would you like to introduce him? Senator Voinovich. I understand that Congressman Strickland is here today and I would like to just acknowledge his presence. He represents that district in the State of Ohio. Chairman Thompson. It is good to have him with us. Ms. Hatfield. TESTIMONY OF VIKKI HATFIELD,\1\ DAUGHTER OF FORMER K-25 AND Y- 12 WORKER, KINGSTON, TENNESSEE Ms. Hatfield. Good morning. Mr. Chairman and esteemed Members of the Committee, my family and I appreciate being given the opportunity to speak to you on a subject that is very important to us. --------------------------------------------------------------------------- \1\ The prepared statement of Ms. Hatfield appears in the Appendix on page 48. --------------------------------------------------------------------------- My father, Leon Meade, began working for the Department of Energy in 1949. During this time, he worked in all the plants in Oak Ridge. The job that we feel has impacted our family the most is the one he had from the years of 1969 through 1985. During this time, he worked in assembly. He was, in fact, assembling the devices that were made at the Y-12 facility, which included the handling and cutting of beryllium and asbestos. In 1985, the company offered a retirement package, which my father accepted. My parents and grandparents owned a 150-acre farm and my father enjoyed working on it. He retired and had four fairly good years, and then his health began to decline. The sickness started with a lot of pain with no apparent cause. You must understand that for him to even complain was unusual. He was never sick. He never took medication. We knew something was wrong and we were advised to take him to the Mayo Clinic in Jacksonville, Florida. We did this twice, to no avail. The doctors did not know what was wrong. They found what they thought was evidence of early myeloma, a cancer. They could not find it in his body. They knew something was wrong but could not figure out what. We also made several trips to Vanderbilt Hospital in Nashville with the same outcome. Yes, something is very wrong, but we do not know what it is. There were repeated trips to doctors and hospitals in Knoxville, Tennessee. He was admitted several times to the University of Tennessee Hospital as well as Baptist Hospital. Each time we made these trips, we always braced ourselves for the worst. We knew that something was terribly wrong, but we still could not get a diagnosis. The years went on and my father grew much worse. He started having constant pain in his lower abdomen and in his prostate. The pain was constant. He stayed on antibiotics for over a year and nothing changed. The pain has grown and spread. We finally found the cause of his trouble. After one of our many hospital stays that was for what appeared to be pneumonia, a specialist came to talk to us about where my father had worked and what he had done. He told us that he wanted to test my father for beryllium. Although my father understood what he was saying, the rest of us were in the dark. We did a little research and found that beryllium reacts as a cancer. Without someone knowing what he or she are actually looking for, this disease can be present without being diagnosed. This explained why the apparent cancer was showing up. The test results showed beryllium in his lungs, asbestos coating the outside of his lungs, as well as heavy metal in his body. These heavy metals were partly responsible for the constant pain in his lower abdomen. During this time, my family's feelings were great. We finally knew what was wrong--let's fix it. We found out there is no fix. We have watched a man who has been in control turn into an invalid. We have had to sell our cattle because he can't take care of them. We have watched his weight fall from 190 pounds when he retired to something less than 120 pounds. He is over 6 feet tall, so you can imagine that he is only skin and bones. We try to think of things that he can or will eat. Nothing will stay down. He can no longer go out in public. He is embarrassed because he does not know when the vomiting will strike. He cannot get his breath; he must have oxygen. He cannot bathe himself; he must have help. He cannot walk without the aid of a walker. He does not sleep at night because of the pain and because he is afraid to die. He takes over 16 pills a day. Some days, it is hard to get them to stay down, and other days he misses the medication because of the sickness. He does not see the benefit and we have to talk about the need to continue to try to take the medicine. I have not touched on how this affects my family as a whole. My mother stays with him 24 hours a day. He does not like for her to leave because he is afraid something will happen. My brothers and I take turns getting the medication and groceries. One of us must always be on standby in case of emergency. He knows that he is dying and there is nothing that can be done. There is no cure for Bryillious, Asbestosis, or the heavy medals in his body. We know that his time is short, but it is his quality of life that we are concerned about. In January, he was sick and in the hospital. When he came home and they needed to give him medication, this medication cost $500 a day. This was not possible, and the insurance would not cover it. We need help with this. His medical expenses are rising daily. His insurance questions his stays in the hospital because they think the Department of Energy should be paying for his stays due to his diagnosis. Every time we go to a doctor or hospital, we have to go through a mountain of paperwork about who is responsible. In the first few months of 2000, he has already had several hundred of dollars in out-of-pocket prescriptions. We can assume that by the end of the year, if we are fortunate enough to have him that long, and if things stay the same and he gets no worse, the cost will be in the thousands of out-of-pocket costs. If things worsen, as we suspect they will, the costs could easily go into the tens of thousands of dollars. A decision by his insurance company has now been made that limits pain medications to cancer patients. He is not diagnosed with a cancer, so therefore his pain medication is limited. I do not believe that my father or any former employees who are in the position he is in can make it through the day without some help. The bottom line is really very simple. My father did his job for over 31 years. He did it because that is what the Department of Energy asked of him. He was not told that he was in danger and that he was risking his life each day he was there. I believe there was evidence that goes back as far as 1952 that proved the Department had knowledge of the beryllium and how it could affect your health. In December when I attended my first meeting with Dr. Michaels and his staff, I was surprised at the number of people who came forward to speak. I feel sorry for the people who have just been diagnosed. If they are in their late 30's or even their 40's, they will have a long and expensive road to travel. We have found the Department of Energy not to be very helpful. They have asked my father to go to Nevada for examination, as well as New Jersey. We have to explain to them that he can hardly walk through the house. How can he be expected to make a trip like that? As recently as a month ago, we did get him to Oak Ridge because the Department wanted to run more tests. We filled out more paperwork. Every time they want to run more tests, we go through the same paperwork. It is all in his file and it takes a lot of effort to get this paperwork filled out. I realize it is important, but when it is in the file, they would not be asking him to come forward and take these tests if they did not realize it was already there. My father has been retired for 14 years and 10 of these years he has been sick. During this time, there has not been an increase in his retirement benefits, his insurance coverage, nor has anything been offered to help make this devastating illness easier for my mother or the rest of my family. How can we be expected to give him the quality of life that he deserves? I would like to leave you with one last thought. You are in the room with your father, a man who never cries, and you watch as tears run down his face and he says, ``All I really want is to stop hurting and to have my health back, is that to much to ask? '' We know that there is no answer to this. There is no way we can stop or prolong what he is going through. We feel that it is time for the country as a whole to come forward and take responsibility. I do not know that we can do it in my father's time. His time is very short. But it is time to step up to the table and say, look, you did your job. You worked hard at it. What can we do to help you at this? The expenses, the medicine, just having help within the family, having someone that comes and stays and gives my mom some relief, that would be wonderful, but we need help and it is things that the insurance companies will not help us with. I do not believe that it is fair that my family has to take what they have set aside for their retirement to take care of these problems. I mean, my dad is going to be gone and my mom is still going to have to have something to live on. At the rate we are going, she is not going to have it. It is not going to be there. We are going to wind up selling our farm just to be able to take care of these expenses, and that is not right. That is not the fair way for the government to react or for the government to do business. I thank you for your time. Chairman Thompson. Thank you very much, Ms. Hatfield, very powerful. Mrs. Orick. TESTIMONY OF ANN H. ORICK,\1\ FORMER K-25 WORKER, KNOXVILLE, TENNESSEE Mrs. Orick. Good morning, and thank you so much for the opportunity to be here today. On behalf of the K-25 workers, we have worked this issue now for about 5 years, when we first addressed the medical department and they told us we could not talk about this because it was a sensitive issue and they would not put the things in our medical files that we were finding in our hair and in our blood and in our urine, like the cyanides and the uraniums and the beryllium. They did not want that in there, but they wanted to know every time you clocked out to go to the doctor for a tonsillectomy or have your finger taped up where you cut it. They put all that in, but they denied the things that pertained to what was actually happening to our bodies. --------------------------------------------------------------------------- \1\ The prepared statement of Mrs. Orick appears in the Appendix on page 63. --------------------------------------------------------------------------- I can relate to what this lady has said because my father worked at Y-12 and I remember, growing up as a little girl, watching him die. I would stand and look over the big 4-poster bed and look at him and he would suffer and he could not breathe. At 47 years old, he was dead, and I never did understand what happened to my daddy. I never knew what he did. It was always so hush-hush. You did not talk about it. But I knew he worked hard and I knew things worried him. He worried a lot. My husband went to work at the K-25 site after being a Vietnam War veteran. He proudly served his country there and came home and went to work at K-25, where he worked as a maintenance mechanic out there for almost 28 years. He was the first person diagnosed at the K-25 site with chronic beryllium disease, and, of course, immediately we were informed that he did not get it there because they did not have any. It is funny they did not have the cyanide, either, that was showing in our blood. They did not have anything that we were trying to talk to them about that was hurting us. We do not have any of that here. You could not possibly get that here. And so this past 5 years has been a real struggle for us. We have worked hard to get this issue brought forth and we have suffered and our health has gone downhill. As for me, I would just like to tell you just a little bit of some of the things that have been found, and I would like to do this because, Senator Thompson, you related to the fact of what we can cover and what we cannot. It is unfortunate that most of the things that are wrong with my body may not have scientific and medical evidence, where some gentleman in the 1800's has studied and wrote a book and proved that uranium caused this or cyanide caused that, so I may not have that solid medical proof, but I worked in the very trenches of that site in the uranium, cleaning it up, in the UF-6, transferring it over, in the nickel, moving it from one vault to another, and all the hundreds of chemicals and thousands of compounds that are out there, and we do not even know when they are mixed together in the body, what they do. Nobody certainly has had time to look at that. But some of the things that I suffer which relate to all of these people back here from K-25 include things like peripheral vision loss. We are losing our peripheral vision. They do not know why, because it is not a specific pattern which relates to a proven eye disease, but yet our eyes are blackening. We all have chronic fatigue. It was an effort for me just to get here. Even from yesterday morning, leaving, and just one plane ride, I got to Detroit and I was so sick that we had to get a cart to get me to the other plane. I have no energy. I am shaky. I tremble. I have to use a cane to get around. I do not smell things anymore. I have no smell. We cannot remember things. We cannot concentrate. We have severe bone and joint pain, and my bones are so cold that I just wrap blankets around me all the time and sit in a chair because I am trying to get warm. Sway balance, all of us have lost our balance. All of us pitch. We have no control of our balance whatsoever. We suffer severe migraine headaches, sleep disturbances. None of us sleep over 3 or 4 hours a night. We hurt. Our bodies hurt. You cannot sleep when you are in pain. We have heart rate problems. My heart rate at the plant when I had the high thiocyanate readings were up to 180 beats a minute, 180 beats a minute, and still, all of us suffer with a rise in rapid heart rate with no really explanation for them there. Upper airway disturbances, we cannot get our breath. When the pulmonologist went down in my lungs, he would just touch them and they just break and bleed and they do not know why they are so fragile, but they are, and that is what they find in these beryllium workers. Tremors, right-sided weakness, elevated nickel levels in my blood, and I have been gone from that plant for 5 years, but I still have elevated nickel and aluminum readings in my blood. Gentlemen, I do not have nickel at home. There is no way I got that at home. Severe skin rashes--when I left there, I was so broken out with big, huge eruptions on my skin, I looked hideous. I looked like a young teenager with an acne problem, and they would break open and bleed. And they tried all kinds of treatments and they could not heal them up. Gastrointestinal diseases, I had them make this picture \1\ for you because I want you to see that this little pinhole right here is all that is left in my stomach. It should be this size, where they first go in. My stomach cavity has grown together. This is the second time in 2 years this has happened. I already had one major surgery where they cut out a big portion and tried to make a hole for my food. And now they think they are going to take over half my stomach and half my intestines out, which will leave me strictly on liquids which are going to pour directly through my body. I will never be able to leave the house and do anything anymore, if I get through the surgery, and with all the health problems, it is very, very severe for me to face. If I do not have the surgery, in February I was told I would live 3 to 6 months, so 6 weeks of that time has gone. I have chosen not to do it. --------------------------------------------------------------------------- \1\ Pictures referred to appear in the Appendix on page 71. --------------------------------------------------------------------------- I have come here today hoping that I can relay some of these things to you. I cannot keep having major surgeries. They are not even covered. Just yesterday before I left home, I faxed $9,000 of unpaid medical bills down to the Lockheed Martin benefit plans asking them, please help us with this. Some of this should be covered in some way. We all have had shut down gallbladders. We all have nausea and vomiting. I have nausea most of the time and am on medication just to sit here this morning because I am so deathly sick. We have colon problems. We all have been diagnosed with depression. Of course, that is the main thing with the workplace. Oh, you are just depressed. You have a mental problem. Just get yourself a psychiatrist and you are going to be just fine. Well, unfortunately, I have not found a psychiatrist yet that can fix the things that are wrong with me. We have all kinds of other things that I could talk about here, but I am just trying to give you a brief overlay, and this is not just me. This is the bodies of these people that sit here today. And I am not sticking to what I wrote down. I am sorry, but I am just trying to talk to you from my heart. I want you to understand this situation. We need help. A $100,000 bill is not going to help us, and do you know why? What happens to us in Oak Ridge is the way the disability is set up, the Lockheed Martin Met Life disability plan takes that entire $100,000 from us, leaving us with nothing. They recuperate their losses, they say. Well, that is fine. When are we going to recuperate ours? The little bit of a disability check that we are allowed, we still have to pay our insurance and that costs me $150 a month. We still have to buy our medicines, and we never, my husband and I never buy our medications. We cannot afford it, $40, $50 a bottle after insurance pays, and I am on about eight things and he is on three or four. We do not have that kind of money. That takes more than my disability check and part of his. We lost our home. We had to sell it. We could not do the maintenance, we were not able. Plus, we did not have the funds to keep it anymore. So we do not even have a home. We have worked all these years thinking that we would retire and someday maybe have a little bit of a life, and here we are looking at making funeral arrangements. You know, I wanted all my life to be an organ donator. I think that is so important. But I, unfortunately, do not have anything in my body that is not so contaminated with uranium and plutonium and all these other things that I can even give anything to anybody else to help them live. So this right here today is the only thing I can give to help these other people live, and it is not just Oak Ridge and it is not just Ohio, it is the country. And it is really sad, because if you had asked us to come down there and work for this country's national security and you had said, now Ann, I am going to put you in here in this highly enriched uranium and it may damage your health or it may take your life but we need you in here because otherwise the freedom of this country is completely gone, we could be invaded, anything could happen, and unless you do this job, everything we have worked for all these hundreds of years when we established this country is just gone, I would have went. They would have went, if they had just told us. And they knew. They knew from the early 1940's what they had. We have documentation from the DOE's own reading rooms that show they knew what they had, and to keep worker morale up, they just moved you around in a job. You did not talk. You did not discuss what you did. But when you place workers in areas and you know they are contaminated, and even to this day, the vent systems in the newest buildings, even outside the security fence, when you swipe them and you run them, they have got nickel and cobalt and strontium in the vent systems in the clean buildings. What do you think we got? You have got to realize that a bill limited to certain diseases or certain scientific proof is not going to work for somebody like me. I worked hard for all of you to live here in this country, free and secure from whatever. I would do it again. But I would have expected that this country be truthful and tell me what I am facing. They did not have to disclose the classified issues. They could have just said, this may make you sick but we will try to help you. We will try to treat you. We will get you to a doctor. Unfortunately, we do not have doctors in that area that have the expertise to even try to work with us, and if they do, they are run off like Dr. Reed was. They are run off. They are cut off the medical plan. So it is very difficult for us to go anywhere and we are not even treatable. But maybe we could offer a little bit of help for the medicines or for whatever that we cannot afford to go do, and maybe we could offer a little bit of help for the future for those workers that may still be in that, that we just may go ahead and tell them and right now get them somewhere and get them some help where they will not be in the situation I am in, with 3 to 6 months to live. I have not said anything I have come here to say, but I hope you will read my testimony. Chairman Thompson. Oh, absolutely. Mrs. Orick. I tried to be very, very distinct with it and I appreciate it. Thank you. Chairman Thompson. Absolutely. Thank you. You are a very eloquent spokesman for an awful lot of people, and you, too, Ms. Hatfield. Chairman Thompson. Mr. Ray. TESTIMONY OF SAM RAY,\1\ FORMER PORTSMOUTH GASEOUS DIFFUSION PLANT WORKER, LUCASVILLE, OHIO Mr. Ray. Thank you very much. Good morning, Mr. Chairman and Members of the Committee. Hopefully, you can understand me. I am Sam Ray, a former uranium enrichment worker at the Portsmouth Gaseous Diffusion Plant. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Ray appears in the Appendix on page 72. --------------------------------------------------------------------------- I was hired in 1954 and worked as a production operator and instrument mechanic. In May 1994, I was diagnosed with a rare type of bone cancer, chondrosarcoma. As a result, I had to have my larynx removed. At that point, I had no option but to take a disability retirement. My understanding is that there are two things that cause my type of cancer. One is Paget's disease, which I did not have, and the other is radiation exposure, which I did have. It is well documented that certain uranium compounds are bone seekers. I might add, I have never smoked a day in my life. They are two different types of cancers. But I am not here today to talk about myself. I am here to describe how, with the benefit of Cold War secrecy, the government and its contractors made decisions that traded off our well-being for the convenience of the production and I am here to ask you for your help in passing legislation to help remedy some of these wrongs. And I just might add, basically, the two ladies who are sitting here, this would be beneficial to them if we could get some of this legislation passed. From 1961 to 1978, Portsmouth operated a facility that converted highly enriched uranium, HEU, oxides into feed material. Much of this oxide, 87 percent enriched, was shipped in from the Idaho chemical processing plant. A good friend of mine, Robert Elkins, worked in the oxide plant from 1962 to 1965. By 1965, he was placed on permanent restriction due to high internal body counts of radiation. He had enriched uranium, technetium, neptunium, potassium, and cesium in his body. When he retired in 1985, 20 years later, he was still on permanent restriction. In the 15 years since retirement, the plant management has never contacted him to check on his health or suggest that he receive post-retirement monitoring. However, Mr. Elkins was contacted by an individual from Hanford, Washington, presumably the transuranium registry, who wanted to pay $500 for his body so the government could study what happened to the radiation in his body after he passed away. His wife would receive the $500 upon his death. They both declined the offer. It would appear the government is more interested in what happens to Mr. Elkins after he is dead than what happens to him while he is still alive. Other workers in this area were placed on work restriction due to radiation exposures, and unfortunately, many of them have passed away. DOE knew this facility was unsafe. A 1985 DOE report states, ``the oxide conversion facility was not able to maintain adequate containment of the radioactive materials during operating periods. As such, the decision was made in the 1977 time frame to shut down that facility pending modifications to provide adequate containment measures. These modifications were never funded and the facility has not operated since.'' The Portsmouth plant's radiation dosimetry programs have been woefully inadequate. For example, NIOSH discovered that between 1954 and 1992, the site never measured for neutron exposures. Uranium deposits in the cascade causes neutron emissions. When I was hired in 1954, process operators were not allowed to wear coveralls or safety shoes. Your clothing became contaminated. We took this contamination home with us on our clothing and shoes. Sometime in the 1960's, coveralls became operational for process operators. However, it was not until the 1990's when contamination controls were implemented that they became mandatory. In reality, they should have always been mandatory. Until the mid-1970's, our respirator protection consisted of World War II Army assault masks. It was years later that we learned that these were not adequate to block the radionucleides or toxic chemicals. Due to the lack of a contamination control program, certain buildings were becoming more contaminated. Equipment would malfunction and process gases, UF-6, would leak to the atmosphere. On one occasion, it was so bad that it looked like a fog moving up through the building. The building is about a half-mile long. After one major release in a withdrawal area, there were green icicles with crystallized uranium hexafluoride hanging from the ceiling and I beams. While management assured workers there was no hazard at the uranium enrichment facility in Portsmouth, it warned supervisors in a 1962 memo, ``We do not expect nor desire that the philosophy will be openly discussed with bargaining unit employees. Calculations of contamination indices should be handled by the general foreman and keep as supervisional information in deciding the need for decontamination.'' Heavy metals were a major hazard at Portsmouth. Between 1981 and 1990, decontamination workers were exposed to mercury up to 175 times the OSHA threshold limit. Correctly, I am a retiree representative for the Worker Health Protection Program, which is funded under Section 3162 through DOE funding. It gives former workers a one-time complete physical. When I talk to former workers and retirees, I find out how little they knew about what they were exposed to. I get calls from widows whose husbands have passed away with cancers. They want to know if their spouses' exposure in the workplace caused their illness. I would like to summarize by offering several recommendations for Congress to consider. No. 1, worker compensation legislation must cover radiation-exposed workers at all DOE sites, not just Paducah. The administration's bill does not go far enough. No. 2, worker compensation legislation, to be of any real value, must shift the burden of proof for causation to the government. The government's failure to properly monitor for radiation and toxic hazards eliminates the evidence to prove causation. This imposes an insurmountable burden of proof on the victim. No. 3, the current medical training program funded under Section 3162 should go even further, with lifetime annual medical monitoring. No. 4, we need fully-paid medical insurance for displaced or retired workers. A medigap supplement should be fully funded by the government for retired nuclear workers. No. 5, workers at Portsmouth and Paducah face a unique problem with retiree health care benefits. Since USEC was privatized, it assumed responsibility for the Lockheed Martin retiree health care benefits program. However, these benefits could be in jeopardy if USEC, as many predict, will fall into bankruptcy or liquidate in several years. Unlike pensions, retiree health care benefits are not guaranteed under ERISA. We need legislation to guarantee that these health benefits will be delivered as intended. I would like to thank the Committee for the opportunity to express the problems that the workers at nuclear facilities are having. Thank you. Chairman Thompson. Thank you very much, Mr. Ray. I appreciate it. Mr. Walburn. TESTIMONY OF JEFFERY B. WALBURN,\1\ CURRENT GUARD WITH RESTRICTION, PORTSMOUTH GASEOUS DIFFUSION PLANT, GREENUP, KENTUCKY Mr. Walburn. Mr. Chairman, and Senators, I would like to say that I am glad to be here. John Game, my union representative that sits behind me, had to represent me all week as the company that I worked for, the U.S. Enrichment Corporation, was trying to lay me off under ADA concerns because they no longer wanted to accommodate my disability. When the light of the Senate shown on them, they put their teeth away. They do not bite so hard in the light, and I am here. Through the work of John Game, I am here. --------------------------------------------------------------------------- \1\ The prepared statement of Mr. Walburn appears in the Appendix on page 84. --------------------------------------------------------------------------- Mr. Chairman, honorable Senators, thank you for allowing me to testify today. My name is Jeffrey Walburn. I live in Greenup, Kentucky. I have worked at the plant for 23 years plus. My job title is Security Inspector. I also served as a councilman from 1987 to 1995 in the City of Portsmouth, Ohio, and I was vice mayor there for 2 years. I was injured in an industrial accident in the 326 process building on July 26, 1994, which has left me working but restricted. I have permanent injuries to my upper airways and lungs, a condition known as RADS. I feel I did not get proper medical treatment at that time at their clinic, and I had a hospital stay that was very--it stays with me. I will never get it out of my mind. I believe that there have been efforts at the Portsmouth plant to criminally cover up the details of this accident. Hon. Senators, it is not my own injury that I come here to testify about today. I am here to report the details of illegal actions taken by the subcontractor, Lockheed Martin Utility Systems, surrounding the event. There is a discovery of facts stemming from the independent and long-running investigation by myself, through the efforts of John Game and others in UPGWA, Herman Potter in the Oil and Chemical Workers Union, now known as PACE, and many others, along with the NIOSH. This investigation is supported heavily by documentation as well as the testimony of two whistleblowers, which we believe reveals criminal activity. I believe it extends into the previous history of the plant under Goodyear Atomic Corporation, and I also believe that the knowledge of these actions are also known by the U.S. Enrichment Corporation management, as well as the DOE. Our investigation of my injury has revealed the following. Altering of documents--I have two medical diagnoses, one original, and one altered. Suppressed documentation--there is a 41-page internal report, POEF 150-96-0088, dated February 17, 1996, from Don Butler, Security Investigator, Lockheed Martin Utility Systems, to Dan Hupp, Security Manager, reference management of dosimetry programs. It is my understanding that the Committee has received about 10 of those pages that came to us. The unions, both unions have asked repeatedly in written form and been denied this report. In the depositions of the individuals who were highlighted in this report, they did testify in Federal deposition that because I was going to file a lawsuit, that my dosimetry was ordered to be changed to zero. Then, because someone got cold feet, they came in a back door in the dosimetry program that no one knows how they get in, but they can come and go at will and make your dosimetry a tailor-made reading to read what they want it to read. Destruction of government documents. The dosimetry records of Jeffrey Walburn were ordered changed to zero because he was going to file a lawsuit. Falsifying of government documents, lying to government investigators. The day myself and Paul Walton, this individual will never be back to work. He was not treated. I spent an 11- day hospital stay. My wife happens to be a nurse and I was lucky. I was also lucky that a new pulmonologist came into town, Dr. Ellie Saab, who is a pulmonary specialist. The plant would not divulge what we were exposed to. They still stand and have testified in Federal deposition in December 1994 that we were only exposed to low-level fluorine, and I am here to tell you today that my wife, as she held me in her arms, witnessed my lung linings bubble out my nose and mouth. My hair fell out. I had intestinal insult. I beg to differ with them. Illegal entry into a secure system of records for the express purpose to present a false dosimetry history at the Portsmouth site. There is a back door, or was. It may have been closed. But the historic fact is, there was a back door in our dosimetry. The records are not accurate or believable. NIOSH's investigation of dosimetry practices at Portsmouth, they threw our dosimetry into an administrative bucket, assigned to no one. They averaged our dose. Say we were in this building and this table was a building and it was a quarter-mile long and an eighth of a mile wide, and where I worked here was very hot, and where Ms. Hatfield and Mrs. Orick worked was not hot, a quarter of a mile away, and I come up with a high reading. They said, oh, my, we cannot have that. Let us average their reading and assign that to Mr. Walburn, and that is the reading I got. And I am here to tell you today that the reading I got during my injury that they zeroed was an average, and then it was changed back through a back door, no one knows how, to an average again. I do not know what my reading is, nor do they or anyone else. They destroyed badges. They hung a badge on the wall with a bar code that they would bar code and assign to an individual. If they did not like the readings, give them another reading. Assign part of that reading to one person, another person, spread it out. Let us not have a high reading. Failure to check for neutron radiation--I think that has been explained here by Mr. Ray. Evidence of high doses not reported--there is a Mr. Rensky with the NIOSH that has a report that should be gotten, and the fact that they were reluctant to divulge the fact that this was going on because it is a problem. I do not know how many reports I have read in the DOE system of investigation that state, there is no evidence of injury because the records do not reflect. Ladies and gentlemen, I am here today to report that dosimetry records at Portsmouth have been altered. Sick workers, but no reason. Dead workers, but no cause. How can this be? I believe there has been deliberate action on the part of the plant subcontractors to defraud under DOE oversight. There has been an absence of checks and balances, and as I said at Piketon, you got a meter to check for neptunium, plutonium. Tyranny is something that is hard to define or see, but it must be stopped. The DOE wants to offer settlement which makes the worker prove how they were hurt but grants themself and the subcontractors that work for them immunity from prosecution. I ask you, what did DOE know and when did they know it? Health screenings are a great preventative medicine, but they are not compensation. I want to know if the privatization agreement was properly struck under the Federal certificate of compliance. Were the workers at Portsmouth and Paducah set adrift in a leaky boat with sick and injured workers by the DOE? Were we indentured to a private group, only to be scuttled later with no survivors and no reparations coming to our widows because the record did not reflect? If those records were falsified, they cannot reflect. I am here today to call for a full and independent third party investigation of the DOE and their relationship with their subcontractors. DOE investigating themselves is like asking the fox if all the chickens are well in the henhouse. We, as a group, have been fought at every turn concerning Workers' Compensation. We have been made to appear as malingerers or just plain whiners. We are neither. We are Cold War veterans and we suffer from nuclear workers' syndrome. We deserve compensation. So you say, what have we done to bring this to light? We have reported timely, dutifully, and often. I myself have reported to the DOE's Inspector General twice. DOE turned the matter over to USEC to investigate their own subcontractor. They found the evidence of the dosimetry falsification and back door and either did not know what to do or did nothing, but they did nothing. I have notified the NRC Region 3. Now they are the regulators. Now they know what DOE knows. The Department of Labor is doing currently a glow curve check, and I am not a technician so I cannot explain that. You will have to ask the technical groups. I have contacted the NIOSH. I contacted the FBI. They all point at DOE. I notified Congressman Strickland from my hospital bed when I was injured. I had to con my mother-in-law to plug the phone in because my wife was scared. She did not want anyone to know, and she said, ``My God, do not do that, Jeff.'' I said, he is a friend, he is a Methodist preacher, he is a psychologist, and he is a Congressman of the United States, and he has stayed with me on this and he has been out of term and came back in. He was in the 103rd Congress and he is still with me on this, and I appreciate that and I want to thank him here today. I want to thank Senators DeWine and Voinovich for coming to Piketon. They heard some of the most gut-wrenching testimony. It did not sound like something that would come from this country or that would be done against the workers of this country, that defended this country. They were informed at the Piketon hearings. I gave a hanging file box of evidence backing the information I am providing today to Congressman Strickland. I sent a duplicate copy to Secretary Richardson's personal staff outlining the very wrongs I have presented and have informed the EH-10 Executive staff of the details, intimately of its contents. I am told that the DOE has lost their copy. Given the gravity of the information, possibly criminal, that was in that box, I cannot understand why they have not asked for a replacement of this information. John Game, my representative, offered. He said, we will give you a copy. Call Congressman Strickland. He would be glad to share that information. In fact, he would like to have some answers about that information. There is something wrong at the Portsmouth plant, something which may very well point to the cause throughout the industry of why workers are sick and dead. I hope you will find out, Senators. Thank you for allowing me to speak. Chairman Thompson. Thank you, Mr. Walburn. I do not know when I have heard a more impressive and disturbing group of witnesses. I thank all of you for being here today. I know this is something that you have been living with for a long time, and if I were in your shoes, I would be wondering what has taken so long. This is not a new matter. The evidence has been there for a long time that we have got a severe problem. Sometimes it takes a long time, unfortunately, but I really do believe that we are at a stage now where we are beginning to get the right kind of attention and the right kind of focus and moving in the right direction. There are people of good will in all branches of government and there are people in all branches of government not of good will. You cannot have a blanket indictment or a blanket exoneration of anybody. It is our job to do the painstaking work of figuring out which is which, and we are committed to that. I want a little bit more detail with regard to some of your testimony. Ms. Hatfield, your father's situation, indeed, tragic. You have heard him talk about it, I am sure, many, many times. I would like to get from you and from Mrs. Orick, also, what you can tell us about the atmosphere during those years. What period of time did your father work at the plant? Ms. Hatfield. He started in 1949 and he retired in 1985. Chairman Thompson. Mrs. Orick, what was your time of service? Mrs. Orick. From 1984 until 1996. Chairman Thompson. I would like to get the comparison, really, between the two periods of time. Was your father required to wear protective equipment? Was there discussion about safety issues with regard to the people who were running it at that time? Was your father mindful of those things himself? What was the atmosphere like during that period of time? Ms. Hatfield. My understanding is, and Daddy and I have talked about this, and he was not told that what he was doing was harmful. They did just, back in my recollection, when I remember what he would and would not talk about, I mean, it just was not talked about. And even now, he still adheres to that. You know, there are things you just do not talk about. But he was never told that he was in jeopardy in any way. They did not tell him---- Chairman Thompson. That was back during part of the time when they had the place just fenced off. Ms. Hatfield. Yes. Chairman Thompson. One of my best friends was Senator Baker's person in Tennessee, Bill Hamby from Oak Ridge. He used to talk about that, growing up there and his father and so forth. A lot of people do not understand what it was like back in the 1940's. Ms. Hatfield. It was very hard, and they did not--they took showers, of course, but they did also tell us at a later date that they could have even brought it home and passed it on to other members in the family, just by not getting everything cleaned up. But they did later, not when he first started, but later, right before his retirement, they did have respirators and that type of thing, but not at first. They did not have it at first. Chairman Thompson. I think it is probably fair to say that even the government back in the beginning of all this did not fully appreciate or have the knowledge of really what they were dealing with or the significance of it. But as time went on, they began to learn more and more. By the time Mrs. Orick was there, I think they knew what the deal was. You have heard Ms. Hatfield's testimony. What about the situation when you were there, Mrs. Orick? Did you wear protective gear? Mrs. Orick. I did. Chairman Thompson. I understand you worked as a radiation health physics technician, traveling all over the site. And you encountered various situations where the radiation limits were above the DOE limits and so forth. Mrs. Orick. Oh, the radiation readings would be in the millions and the DOE limit on beta would be 5,000 and alpha 1,000, and we would be encountering things up in the millions of disintegrations per minute, which is highly radioactive. At first when I went out there, I was hired as a clerk. I was to do data packages, assemble data packages. I was not even supposed to be associated with any type of sampling, but I was immediately split into a sampling group where I carried and handled all samples that had come in from not only K-25, but Rocky Flats, Hanford, and all the other sites, and they were filthy. They did not have lids on them. They were broken open. And I had to repackage those, gather them up, carry---- Chairman Thompson. So you came in contact with whatever was in there? Mrs. Orick. I did, and I was---- Chairman Thompson. There was no way for you to know what all was in there. Mrs. Orick. I was not even given a pair of gloves, and I carried this stuff up next to my body, down the stairs, so I could get it to a big table like this. I ate my lunch on this table with this stuff sitting all around me, and I did that for a couple of years, and I have had six breast tumors--six. And then I would carry that stuff down into one of the old closed process buildings, and I cannot remember if it was 27 or 29 because they adjoined, and I was never given any protective clothing to go in there, either, and that would have been one of the worst buildings on that site. Then after I went into radiation protection, we were in all the areas. There is not a place out there that I have not been in, and because I was a smaller person, I may have to lay down and crawl up under things or get on top of--buildings are inside of buildings, and you would climb the ladder to get from one rooftop to another to get your job done. And the only time that I ever was offered a respirator was when I did one transfer of UF-6 (uranium hexaflouride). All the other times and all of my work jobs daily, regardless of what I was in, I was never one time offered a respirator. Now, my husband, who worked there 28 years--I hope they have given you this picture---- Chairman Thompson. Yes. Mrs. Orick. This is how he looked.\1\ This is his protection right here, and if you will notice, it is all over his face. He is dripping wet. This is his clothes. He would go change several times a day. There is no protective equipment here. And he might work next to the person where they were manufacturing certain things and he---- --------------------------------------------------------------------------- \1\ Picture of Mr. Orick referred to appears in the Appendix on page 70. --------------------------------------------------------------------------- Chairman Thompson. Is this him coming off a shift here? Mrs. Orick. This is in the middle of one. Chairman Thompson. In the middle of it? Mrs. Orick. Yes. Chairman Thompson. And he has got all kinds of things, it looks like, splashed all over him. Mrs. Orick. Exactly. The powders would be so full in the air that he did not even see his partner that was working next to him. And the respirators, if they were issued one, would last them for 6 to 8 weeks. They would just put them in their locker, get them back out and put them back on and use them for 6 or 8 weeks. They cost money and they did not want to issue one. Chairman Thompson. So there was never really any discussion or concern or warnings or anything like that, even if---- Mrs. Orick. There was discussions to a point, but there was--we were trying to do postings at that time, but up until all of those years, there was nothing posted to tell you there was a beryllium area. They kept saying they did not have any. We documented 34 buildings that did. There was never a posting. Chairman Thompson. There was beryllium at K-25 and---- Mrs. Orick. Exactly. Chairman Thompson [continuing]. Y-12, and 20 sites across the DOE complex. No one uses beryllium in the form that causes this kind of a problem besides DOE and the Department of Defense. Mrs. Orick. No, sir, and it is that way with the other compounds that they had there. No one else uses certain materials like what we did. And some of my duties would be to go in some of the places that had been shut down since the early 1940's and 1950's, and I would have to go in and these things would be busted open and I would have to try to clean that up and get a reading on it before I could allow anybody else to touch it. I never knew what it was---- Chairman Thompson. If you were required to sit down and list all the things you were exposed to, there would be no way in the world. Mrs. Orick. No, sir. Chairman Thompson. You were exposed to everything that came across---- Mrs. Orick. Yes, sir. That is what I am trying to say. Chairman Thompson. As you say, the combination of things. Mrs. Orick. Yes. Chairman Thompson. We have no idea, with all the sophistication we have got---- Mrs. Orick. We do not know, no. Chairman Thompson [continuing]. And medical science today, we have no idea of the reaction of the human body with various combinations of things working together. Mrs. Orick. No, sir. But those areas that we were in, sir, I really believe that the contractor in the DOE did have knowledge of most of the areas, and they should have been listed on our work schedule. You are entering an area where you need a respirator or a Tyvek suit or a pair of gloves or whatever. But that just did not happen routinely like it should. Chairman Thompson. You mentioned in your testimony that your husband's medical records have been partially redacted. Mrs. Orick. They have, sir. They have cut out the main items. It says, he was exposed to, and they blacked them out. The proper thing to have done, if there was an issue with classification, would have been blocked out the area and then maybe we could have sought treatment for whatever the material was. But they did it the other way, so now we cannot even know what that is. Chairman Thompson. Well, I bet we can. [Laughter and applause.] This means that your husband is unaware of everything that he was exposed to? Mrs. Orick. Absolutely, as are all of these other workers. Chairman Thompson. What about his physicians? Were they given access to this? Mrs. Orick. No, sir. They have these---- Chairman Thompson. Well, how can they treat him properly if they do not even know what they are dealing with? Mrs. Orick. Sir, they cannot, and that is one of the issues here. We are not being treated. There is no treatment. We have been tested to death. We have been tested to death for 5 years, 20 tubes of blood at one time here and 20 tubes of blood there, and we still do not know what the results are, and we are never going to have them because they are just dragging on and dragging on and it looks good that we are getting tested. But we are not getting treated, and there is a difference. Chairman Thompson. Absolutely. Ms. Hatfield. Could I just say that we have gone through the same thing and the same issues, and for my dad, it is almost discouraging and encouraging to get him to go to the doctor because he keeps saying, why do I want to go, because there is nothing they can do for me. All they are going to do is draw more blood and do more tests and wear me out and I am still not going to know any more than I know right now and we are going to be out the money and we are going to be out all these things and I am going to take 16 more pills a day that are not going to do me any good. And so it is the same issue. Every time they call you, every time you go take a test, it is the same thing. Let us take bunches of blood, but they still do not give you any answers to any questions. There are no answers. Chairman Thompson. Thank you very much. Senator Voinovich. Senator Voinovich. I think that what I have heard today just builds on what I heard when I was down in the Piketon to hear the testimony of so many of you. What I have tried to do during my life is to try and respond to the real problem. The real problem right now is that a lot of people need medical care, compensation so that they can at least have some response to the conditions that they now have, and the longer we wait, the worse it gets. I think that our job in this Committee is to start moving the ball as fast as we possibly can, put the pressure on the administration, get them to step up to the table. We may have to come up with some more money, Mr. Chairman, to get on with this. One of the things that always bothers me as a new Senator is that we have all kinds of priorities and lots of new ones. We forget about the other priorities that we have. We do not see the people in the homes that are sick. We do not see the families that have had to live with the death of a loved one and the costs that were there that ravaged them so that they have nothing, as you pointed out, Mrs. Orick. We have an obligation to get on with this. Now, there are a lot of things, criminal, all of this stuff. It is there. That is something that we can deal with, but we ought not to wait until we get all the answers to all the questions because we will be here 6 years from now before we get all the answers to all the questions. So let us get on with it. Let us respond. Let us come up with something that is fair. I thought that the recommendations here, I think Mr. Walburn in your testimony recommended actions for Congress, or were they from Mr. Ray? Chairman Thompson. Mr. Ray. Senator Voinovich. Mr. Chairman, I think there are some pretty good recommendations here and I think that they go beyond what is in the current legislation. Chairman Thompson. I do, too. I mentioned to staff when he finished that that we need to take those and look at them, because we are going to be apart from where I think and you think the administration is going to come out on this, I am afraid. Mr. Ray. Well, I would just like to comment that Congressman Strickland's bill, H.R. 3495, would help Mrs. Orick. And also, I would like to follow up on what Mrs. Orick was talking about, going into different buildings. What it is called is contamination control, and apparently most if not all nuclear facilities lacked real contamination control. We are getting better at Portsmouth, but maybe people do not understand when we are talking about contamination. Maybe as an example, say this room was contaminated and you were not aware of it. We all come in, we sit down. There is no way for us to know that. You cannot smell it. You cannot see it. We are here. We have got it on our hands. It is airborne. And we have had this for a number of years. We are sending craft people onto jobs that they were not familiar with what was involved in a job. It may be a contaminated area they go in. They go ahead and do their job, not knowing it was contaminated. Senator Voinovich. Records have been tampered with, and then at the Mound plant we have in Ohio, DOE has been doing these studies to try and ascertain what the dosage was to figure out whether or not these people were exposed to whatever it was for 5 years. But when you look through a record and you see what has gone on and all of the unconscionable things that went on, the deliberate things to keep people uniformed, tamper with documents, and so on, that logic finally dictates that you do not wait 5 years to figure out that people have been affected. I mean, logic tells you that if individuals have been exposed to this and there is a higher, much higher incidence of a particular thing and the only thing that could have caused it would be their exposure to their plant facility, then logic says that the burden should be on the government to prove that it is not connected. As I say, we do need to get on with this, and that is all I can say to you. We will do what we can to move on and start getting some help out there and not wait 3 years before something happens in this Congress, and I am hoping that the representatives of the administration understand the urgency of this. These are God's children that are there, that are sick, who need help, who are not getting the insurance coverage that they need and medical help that they need, and in some cases, just the money to survive. We ought to get on with it. Ms. Hatfield. What we might, and I guess we have kind of skirted it, I talked a little bit about it and I know that Ann did, too, the diseases that my father has, there are no cures for those. He is terminally sick, and that is a very hard thing to look at in your face every single day. My dad knows that he is dying. There is no help for him. What price do we put on that? What price do we put on the fact that he did his job, he did it the way he was supposed to do it, just as Ann did, just as all these people have done, and these people in the audience, too. What price do we put on that? They have actually, in fact, given up their life by doing their job. That is a hard decision to make and it is a hard thing to have to look at every single day. As I was writing what I was going to say to you all, I kind of skirted around my father for 2 days and I would not let him read it. I kind of skirted it a little bit and I thought, I really do not want you to read this because I did not want it to impact him or affect, having to read about that, about what I was going to say. And I thought, well, he is going to hear it, so he might as well read it. But it is very hard to look at that every day and know that he may not make it to another birthday. He may not make it to another Christmas. And I know we all face that every day, but this is through no fault of his own, just like it is no fault that these people are as sick as they are. It is not their fault. It is not something that--they would change it tomorrow if they could. I mean, if he could get his health back and he could go out and do his farm, he would love that. That would be wonderful, and that would be the only payment he needs. But that is not going to happen. So what we have to look at is how to make them as comfortable as we can with the time they have left. Mr. Walburn. Senator Voinovich, I think something I would like to say, and I believe that you will follow up those other things, but what we are looking for immediately is some relief in our homes, relief from the day-to-day fight and struggle. If you look at 17 plants and their employees as a class of people, there is bound to be money in the government for research to take us as a class. If you looked at it as a syndrome, the nuclear workers' syndrome, find the money through research. We need relief in our house, and I have told you this. They have woven theirself into my house. I would like them out. Ms. Hatfield. Exactly. Mr. Walburn. They do not belong in my house. I deserve to get a chance to get off point and come home and relax. There is no relaxation in my home. Ms. Hatfield. That is right. Mr. Walburn. My son says, ``Dad, do you have a job tomorrow?'' I said, the best I know, son, but my wife says she will live in the woods with me, so I said, OK, we could do that if we had to. I do not think we are going to have to. But look at us as a class, because there is not me, not them. It is 17 plants, many thousands of employees that are a class of people that have suffered a syndrome. Senator Voinovich. I think that that is a very good point. I also think that we need to, particularly with Paducah and with Piketon, to look at the financial condition of the company that is there and what could happen in terms of whatever health care coverage that the current workers have and those that are not now working. So that is another issue. But the point I am making is that we need to get on with this, get some legislation passed, get some help out there to the people that are there. How do you deal with the loss? I do not know. You are never going to compensate that. Ms. Hatfield. No. Senator Voinovich. But we do know that there are people that are sick out there and they need help. They need medical care. They ought not to be worrying about giving up, selling their farm and not having the money to pay for the prescription drugs that they need and some of those things. They ought not to have that worry. At least, they ought not to have that worry. So I think we can deal with that. And then the issue of, maybe in terms of medical response and how do you deal with some of these conditions, Mr. Chairman, we sure increased the budget of the NIH 30 percent this last time. They might be able to take a little piece of that money and say, these are people that gave their lives for their country and they are suffering and maybe we ought to see if we cannot have them look into seeing if there are some things that they can do that will maybe respond to some of these medical problems that some doctors cannot seem to understand how to take care of. That is all, Mr. Chairman. Chairman Thompson. Thank you very much for your leadership in this area, Senator Voinovich, and we are going to work together and we are going to get something done. Thank you very much for being here today. We again know you represent a large number of people, but you have done it very eloquently and very effectively and you have gotten the ear of a wide variety of people here today that we never had before. So you made a major contribution toward this. Now we need to move on and talk about doing something about it. What are we doing about it now? What are we doing about it? That is our next panel. Thank you for being with us here this morning. [Applause.] We are going to proceed immediately to our second panel. The witnesses are Dr. David Michaels, Assistant Secretary for Environment, Safety, and Health at the U.S. Department of Energy, and Dr. Steven Markowitz, Professor and Director, Center for the Biology of Natural Systems at Queens College, City University of New York, in Flushing, New York. Thank you, gentlemen, for being with us here today. Dr. Michaels, please proceed with your testimony. Your written remarks will be entered into the record, so if you would, summarize those for us. Dr. Michaels? TESTIMONY OF DAVID MICHAELS,\1\ PH.D., MPH, ASSISTANT SECRETARY FOR ENVIRONMENT, SAFETY AND HEALTH, U.S. DEPARTMENT OF ENERGY, WASHINGTON, DC Dr. Michaels. Thank you, Mr. Chairman, and Senator Voinovich. I greatly appreciate the opportunity to be here today to discuss the Department of Energy's response to allegations of environment, safety, and health problems at the gaseous diffusion plants in Piketon, Ohio, Paducah, Kentucky, and Oak Ridge, Tennessee. --------------------------------------------------------------------------- \1\ The prepared statement of Dr. Michaels appears in the Appendix on page 86. --------------------------------------------------------------------------- First, let me thank both of you for your very important leadership on behalf of the workers at Oak Ridge and Portsmouth plants. I know each of you has spent many hours listening to your constituents and working to find ways to help them. Your persistence and your focus over the past several months have been important to the administration, as well. I would also like to thank the witnesses who are on this panel as well as the people in this audience who came from great distance to tell us their stories. It takes great courage to do that and we are very grateful. When the concerns of exposures at the gaseous diffusion plants were brought to the attention of Secretary Richardson last summer, he immediately ordered complete and independent investigations. He further committed to determine that if workers were made ill because of poor worker protection, to seek to provide them with fair compensation. Let me emphasize that this commitment extends to workers at all three gaseous diffusion plants, not just Paducah, and across the entire DOE complex. The Secretary also directed my office to conduct a number of other activities, to expand ongoing worker medical monitoring at the three sites, to determine actual worker doses, and to complete a so-called mass flow study to understand how much recycled uranium was generated over 47 years and where it all went. As the Committee knows, our independent oversight office has completed its comprehensive review at Paducah and submitted a final report last month, which is another public record. Our team is at the Portsmouth site as we speak and we expect to complete our work there in May. Last week, the team was in Oak Ridge for initial scoping and we expect the Oak Ridge review to be completed in late August. At Portsmouth, we have had an investigative team of 23 technical experts at the site for more than 6 weeks. In addition to reviewing boxes of documents, they interviewed more than 240 workers. While we are not yet in the position to discuss our findings from the Portsmouth investigation, I can share several observations based on these interviews. As with Paducah, we have heard concerns that, in the past, safety concerns took second place to production, to schedule, and to cost, even when management was aware of safety problems. We have heard concerns that radiation protection practices were sloppy. For example, it was common practice for operators to remove gloves from the glove boxes to conduct some operations. Just as you have heard today, we have heard concerns about the adequacy of dosimetry programs and possible falsification of dosimetry records. We have heard concerns that radioactive wastes were improperly disposed of in certain areas and were not properly identified. In particularly, I would like to address Mr. Walburn's concerns. I was very pleased he brought that up today. I would like to follow up on that box of materials. I checked into this. The staff person who was sent that is no longer at DOE, but I would like to arrange to get another copy, if I can. I will personally pursue it, and we can certainly arrange for the copying costs, if I can do that with you. Let me emphasize that we are fully investigating all these allegations and that they relate to the historical operation of the plant, not to current conditions. I know the Committee has expressed interest in seeing certain documents. I assure the Chairman we will share all documents once our analyses are complete in a few short weeks. I know you understand that to ensure the integrity of the investigative process, we need to follow careful procedures and not release information in a haphazard or careless way. The mass flow project, the exposure assessment project, and the medical monitoring project are all described in my testimony, as well as that of Dr. Markowitz. I will devote my remaining time to discussing the administration's progress on our proposal for sick DOE workers. The Clinton-Gore administration's commitment to the veterans of the Cold War does not end with workers at Paducah or with workers exposed to beryllium. Last year, Secretary Richardson, along with several members of Congress, announced that the administration would propose legislation to provide compensation, both costs of medical care and the portion of lost wages, for the victims of beryllium disease. The Chairman is one of the original sponsors of this legislation. Because we already established that Paducah workers had been exposed to radioactive materials without their full knowledge or without adequate protection, we include a provision to provide certain Paducah workers with specified radiation-related cancers a $100,000 lump-sum payment. This legislation was historic in that it was the first recognition by the Federal Government that workers made ill from exposures in the nuclear weapons complex should be compensated for their illnesses. At the same time, President Clinton directed the National Economic Council to lead a review to determine whether there are other workers that should be included in the program. To support that effort, the administration has undertaken a number of activities. First, the NEC assembled a panel of health experts to look at the scientific evidence to determine if there are occupational illnesses among current or former DOE contract workers. Second, they looked at current State Workers' Compensation programs to see how they are working for DOE workers with occupational illness. We have also held public meetings at major DOE sites to hear directly the experiences of current and former workers. So far, we have held meetings in Paducah, Piketon, Oak Ridge, Rocky Flats, Hanford, Las Vegas, and Los Alamos. More than 2,800 current and former workers and their family members attended these meetings and more than 370 shared their stories with us, and let me say, Mr. Chairman and Senator Voinovich, they were very similar to the stories we heard today. We heard from people who are proud of their work to protect national security but feel disappointed that this work may have made them sick and the government has done little or nothing to help them. Most told us they would not file for Workers' Compensation. They were told not to bother to apply because claims were routinely denied. The few who did apply rarely won their claims and many cases lasted years. Those who were able to win their claims did not receive benefits that would cover their cost for medical treatment or lost wages. Based on the results of these studies and the outcomes of public meetings, we expect the National Economic Council will make a recommendation to the President by March 31 of this year. I would like to mention and thank the Senators for their help so far in moving this initiative forward. We would love to encourage your help. Our bill has been referred to the Labor Committee and we know they are planning to hold field hearings in Ohio, which we greatly look forward to. We would love also for there to be a focus for this legislation in Washington so we could begin to address some of the issues that were raised earlier today. Mr. Chairman, that concludes my statement. I would be pleased to answer any questions from the Committee. Chairman Thompson. Thank you very much. Dr. Markowitz. TESTIMONY OF STEVEN B. MARKOWITZ,\1\ M.D., PROFESSOR AND DIRECTOR, CENTER FOR THE BIOLOGY OF NATURAL SYSTEMS, QUEENS COLLEGE, CITY UNIVERSITY OF NEW YORK, FLUSHING, NEW YORK Dr. Markowitz. Good afternoon. Thank you, Mr. Chairman and Senator Voinovich, for inviting me here to speak today. I am an occupational medicine physician, which means that I specialize in the dilemma that Senator Thompson mentioned before, relating exposure to disease, hopefully, ultimately with the idea of preventing disease, because once we can identify the exposure, we ought to be able to prevent illness from occurring. --------------------------------------------------------------------------- \1\ The prepared statement of Dr. Markowitz appears in the Appendix on page 93. --------------------------------------------------------------------------- I direct an innovative medical and educational program called the Worker Health Protection Program at the Portsmouth, Oak Ridge K-25, and Paducah Gaseous Diffusion Plants, and I want to speak to you today about that program. My written testimony is longer. I provide more detail. But I will highlight my comments today. This program was established under Section 3162, the National Defense Reauthorization Act of 1993. It was established by Congress with a simple idea. That is, that workers at DOE facilities, former workers who had significant exposures and were at risk for occupational diseases ought to have made available to them medical screenings that could detect those diseases early, at a point at which medical intervention could be helpful, and it is under that program that DOE established the Worker Health Protection Program. We went through a merit-based competitive review process in order to get the contract from the Department of Energy. This program is sponsored by PACE International Union in conjunction with Queens College, City University of New York, which is where I am from. You may wonder why an occupational medicine physician from New York is required to do this work in Oak Ridge, Tennessee, or Portsmouth, Ohio, or Paducah, Kentucky, but some of the comments you have heard from the earlier panel may shed light on that, and that is the union which initiated the program wanted an independent, objective physician with expertise in occupational medicine who was not contaminated by their experience in those communities, not absorbed by the contractors or other employers in the community, and could be trusted to provide an independent, candid, expert opinion, and that is why I am involved with the program. This is not a research activity. This is a clinical service program meant to be of help to people. In addition to the medical screenings which we provide, which includes breathing tests, chest x-ray, a complete occupational history, medical history, physical examination, blood tests, including tests for beryllium, and urine tests, we also have a 2-hour educational workshop, which I regard as key to our program. It is run by current and former workers, two of whom are here today, Sam Ray, who spoke before, and Ben Taylor in Oak Ridge, and these workers are running the special 2-hour workshops for former workers in order to help people understand what they were exposed to and what medical screening can do for them. Let me give you some of the preliminary results of our worker health protection program. We have screened 1,000 people to date. I would say our most outstanding result really is the response that we have gotten from former workers to our program. We had a simple press conference at the start of the program last spring in each of the three communities, and since that time, we have done absolutely no outreach except that done by word of mouth by current and former workers. We have done no advertising for the program. We have received 2,000 phone calls to our national toll-free number from former workers who want to be screened, want to participate in our program. We have screened 1,000 people to date, all of whom--these are former workers--are volunteers for the program. They have called us because they want to participate. They want to find out the answer to their question, their central question, which is did my exposures that I had at that plant, was it deleterious to my health and what can I do about that now? And obviously, this is an important question, not only to the people in this room but the great numbers of former, and I would say current workers, certainly at the gaseous diffusion plants. Providing the answer to that, at least a partial answer to that question, is what our program is about. Of the 1,000 workers we have screened so far, about 10 percent have asbestos-related scarring in the chest. That is a non-malignant scarring of the chest due to asbestos. About 20 to 25 percent of workers have chronic bronchitis and/or emphysema, to which I believe their exposures to hydrofluoric acid and other irritants in the gaseous diffusion process contributed to their disease. There is near universal hearing loss, which is in part due to aging and in part due to the fact that the gaseous diffusion plants are very noisy places. Everybody recognizes that. We found 8 workers out of 245 from K-25, 8 workers, about 3 percent, who have had confirmed positive beryllium sensitivity. This is a higher figure than we expected to find. We have seen minimal rates of kidney or liver disease, which we were worried about because of heavy solvent exposure, and most of the cases we have seen, I believe are probably related to other medical conditions, such as hypertension or diabetes. In addition, we have educated almost 800 people through 55 workshops, 55 separate workshops led by Mr. Ray, by Ben Taylor from Oak Ridge, and our other coordinators on the ground, educating people about their exposures and their concerns. Now, I want to emphasize that ours is not a comprehensive screening program. We do not cover all medical conditions. We are looking at chronic lung disease. We are looking at bladder cancer at K-25. We are looking at kidney and liver disease and hearing loss. Under the mandate of Section 3162, we could not look comprehensively at all medical conditions that might be work-related. In addition, I would say that a lot of the medical conditions that people have are complicated and really not amenable to screening. What many people need is careful and thorough diagnosis and treatment centers by physicians who are expert in occupational medicine and who are independent enough to be able to give an expert, honest opinion. Let me say one other caveat about our program, which is that we have seen 1,000 people. That is a lot. There are at least 15,000 or more former workers eligible for our program. The people we have seen are self-selected. They have come to us as volunteers. The numbers I have given you on rates of disease may or may not be representative of the larger population, and we will know more over time. Let me talk about the future of the program, which is going to change, actually, within a week or two. In August 1999, when the issue of plutonium and the transuranics at Paducah came to light, or at least became public, the Assistant Secretary, Dr. Michaels, called our program and asked us whether we could expand our medical screening program, sooner rather than later, to include current workers, to test former workers at a greater rate, and to do in general a faster, more expanded program. And we said, yes, we could do that, and we submitted a proposal to him within a couple of weeks. I am happy to announce that our program has been expanded by the Department of Energy. We requested close to $6 million. They have located $3.5 million at present and the additional money, I understand, is in a supplemental request to Congress. There are three changes we will make in the program. One is, we will begin to screen current workers. I do not believe current workers at the gaseous diffusion plants are getting the kind of cancer and other screenings that they need and that those conditions are not being properly related to their exposures. So we will offer our program to current workers. Second, we are only funded to date to screen 1,200 former workers per year. At that rate, it will take us at least a dozen years to screen all former workers once. So we are going to expand the rate at which we are screening former workers up to 3,000 per year at the three sites, which is a marked expansion of our program. With full funding, we will be able to screen close to 6,000 workers per year, completing the screening of current workers within 2 years and former workers within a number of years after that because there are so many former workers. And last, let me say that we are going to add an innovative screening technique, lung cancer screening. Lung cancer is an important problem among gaseous diffusion plant workers. Let me explain why. Gaseous diffusion plant workers work with uranium, and uranium is a lung carcinogen. They work with beryllium, and beryllium is a lung carcinogen. They work with plutonium and neptunium, we find out now, and those agents are plausibly linked to lung cancer. Many of them also smoke cigarettes, and their occupational exposures multiply the risk of the cigarette smoking to produce an excess risk of lung cancer. Previously, we were not able to screen for lung cancer. Right now, at present, about 160,000 people die per year of lung cancer in the United States. Most of them present late in their disease with symptoms. They come in coughing up blood. They come in with chest pain. They come in with shortness of breath. Their disease is diagnosed at too late a stage to do anything about it. We can now change this. Last July, there was published in Lancet, a major medical journal, a study from New York, Cornell University, showing that use of the CT scan for lung cancer can detect malignant nodules at an early stage when they can be resected. In that study, they screened 1,000 people. One out of 35 had lung cancer, and almost all of the people they found with lung cancer had Stage I disease, had small nodules that could be resected. Those people, most of them will lead normal lives. I say we should do this, and I proposed this idea to Dr. Michaels and DOE has accepted it. Who else in the country should get this screening test first but the gaseous diffusion plant workers and others within the DOE complex because of their long history of exposure to lung carcinogens. Normally, this kind of medical innovation comes to the metropolitan areas first. In New York, if you walk in Manhattan from East 19th Street, Beth Israel Hospital, up to 168th Street at Columbia Presbyterian, you will encounter no less than five medical centers that will give you this CT scan for early detection of lung cancer. That is to say, if you have about $1,000 in your pocket to spend. You cannot get this right now in Paducah or Portsmouth or Oak Ridge, Tennessee. The radiologists are much less aware of it. The machinery may or may not exist. So we propose that it ought to go to Paducah and Portsmouth and Oak Ridge, not waiting 5 or 10 years at the normal rate of diffusion of medical advances, but it ought to go directly from the study published less than a year ago to the facilities and to the people who need it most. So now DOE has provided us with funding to lease the CT scanner. We will put it on a 40-foot mobile unit and we will drive it between Portsmouth, Oak Ridge, and Paducah. We will provide CT screenings for early detection for lung cancer for as many former and current workers as we can. So that is the new part of our program, which we regard as very exciting. It is very exciting, because I think with this technique, we are going to be able to actually save some lives. We are going to be able to detect lung cancer early, have it resected, and help people lead normal lives. That is a summary of the Worker Health Protection Program. It is a partial response to, as you said, Senator Thompson, the unseemly legacy of DOE in the past and, hopefully, the beginning of a different kind of legacy for the future. Thank you. Chairman Thompson. Well, thank you very much. It is kind of hard to get your arms around all this. There are so many studies involved and people and departments and all that, but let me see if I can break it down as to where we are, and I want to thank both of you gentlemen for what you are doing. Dr. Michaels, you work for an outfit that does not exactly have an illustrious track record in this regard, but you have not been there very long, so my comments are not going to be personal to you. I think you are trying to move in the right direction, not enough and not fast enough, but in the right direction. Of course, it might help if we helped you with some of the monetary parts of that and budgetary parts and we intend to do that. But you have worked with us and we appreciate that. We are going to get a report on Oak Ridge in August. We have already got a report on Paducah. You are well into the situation there in Portsmouth. Apparently, you are finding some of the same things in Portsmouth you found in Paducah, and I would assume that you are going to find some of the same things in Oak Ridge that you found in the other two. So we will have that in August. We still are awaiting this report from Drs. Byrd and Lockley. It is supposed to be due April 30 of this year. You mentioned the National Economic Council report that is due March 31 of this year. So we have all these reports coming out that are probably going to say pretty much the same thing, my guess, and that is there is an awful lot of smoke there and it looks kind of bad, but there is no conclusive proof as to anything. I want to talk about that for a minute, because I think we have to start looking at this situation maybe differently than we have in times past. While the National Economic Council report, Dr. Michaels, is not due out until March 31, we just happen to have gotten hold of a draft of that, which may or may not turn out to be the one that you come up with in March, but let us assume for the moment that maybe it is going to be pretty much in keeping with this draft, and the draft says there is evidence from health studies of DOE workers that suggest that some current and former contractor workers at DOE nuclear weapons production facilities may be at increased risk of illnesses from occupational exposure to ionized radiation and other chemical and physical hazards associated with the production of nuclear weapons. For certain facilities and for certain subgroups of workers within these facilities, some evidence suggests a strong association between employment and adverse health outcomes. Some studies incillate an increased risk of adverse health outcomes with increased levels of exposure to ionized radiation. Dr. Markowitz, that does not come as any surprise to you, I do not assume, if that turns out to be the report. Dr. Markowitz. No. Chairman Thompson. That is consistent with what you are running across, I would assume. Dr. Markowitz. It is consistent from what is known in the published literature, sure. Chairman Thompson. We both alluded to the problem that we have here, because we are getting a whole lot of reports and a lot of activity, but as they say, that does not necessarily feed the bulldog. Let us talk about what we are going to do about all this. Now, obviously, you have got to get your data together to the extent that you can. It is amazing that the government has taken this long to really do these surveys, because as you point out, they are very complex. There are a lot of different factors. Statistics say different things that do not seem to make sense sometimes. I noticed here in one of the findings from one of the DOE studies that, overall, DOE production workers had significantly lower age-adjusted death rates compared to the U.S. general population for all causes of death combined, and there were only two exceptions. So that jumps out to you until you stop to consider you are talking about the population in general and people who work at anything probably are healthier than people who are not working. So, statistics can lead you in all kind of different directions, but there is one common theme and that is these workers are clearly having problems that other people do not have in these numbers and they clearly were exposed to things that, we will say, more likely than not have to do with those illnesses. My problem is that we get all these reports and we wait on all these things and so forth, but we are never going to come to any conclusions and we are going to have to face up to that, and the reason for that is the inherent difficulty and causation, but also the faulty records that have been kept in times past, the fact that the government had an obligation to keep up with exposure and they did not. They in some cases, and some of the things that you have run across, there in Paducah, you had a doctor there that was on the government payroll who said, this is a bad public relations problem so we had better not handle this, I mean, the most terrible things. And then you point out the fact that these folks for all these years are going to--when I grew up, a doctor is a doctor. They are all the same. But this is a highly specialized area and not a lot of people know what they are dealing with, plus, a lot of times--no reflection on any particular doctor--but the fact is they are working for the government in some cases, and we have seen what that leads to. So we are going to have to ultimately say, well, what are we going to do about all this? I do not see any resolution where you are going to say with certainty or beyond a reasonable doubt or beyond a preponderance of the evidence that you can prove in a court of law that there is a cause and effect relationship, and that bothers me. So the question is, and Dr. Michaels, you are going to come up with something here, a recommendation supposedly in March, but the question is, what kind of system are we going to come up with that is fair in order to do justice, in order to more likely do justice? And I will tell you something, if there is a question of being a little unfair to the government or being a little unfair to these people, guess which side we are going to come down on that in view of the history of this thing? And I will tell you, Dr. Michaels, if you come up with a proposal that has a lot of legalisms, and I imagine you are over there looking at these numbers now, 55,000 workers or something like that and multiplying that by X-number of dollars and all that is going through your mind, but if you come up with something that puts the burden on these folks that they cannot meet, if you come up with something that does not have the correct presumptions and does not incorporate into it the history of this and the responsibility the government has, it is going to be rejected and we are going to go to the floor of Congress and broaden the discussion and the administration is going to wind up being embarrassed for being so niggardly with its proposal, and I do not think it wants to be that. I think Bill Richardson is trying to move forward. I am not sure he realizes yet the extent of the problem and the extent of the determination that we broaden this sufficiently and that we have some kind of a system that does not require these people to prove things that the government itself in many cases has made it so that they cannot prove. And Dr. Markowitz, you probably have a lot of thoughts going through your mind about the things I have said, so I would like to hear from you. Dr. Markowitz. Let me address some of your earlier comments. I mean, there are a lot of complexities, but some of the problems can be broken down. We have seen about 1,000 people, and about 800 people--I have gone through their records and I have written them letters, individual letters giving them the results of their examination and telling them whether their conditions are work-related or not, at least for the conditions we are looking at. In fact, for the things that we are looking at it is not very complicated at all. If a fellow was a maintenance mechanic at Portsmouth for 20 year and he has scarring in his lungs which is typical of asbestos exposure, then he likely has asbestosis due, at least in part, to that exposure he got at that plant. I do not have to prove beyond a reasonable doubt. I mean, it is not a murder charge here. I just have to prove that there was likely to be a contribution from that exposure, and that is sufficient. That is the standard in occupational medicine. For a fellow who worked at Oak Ridge who worked with hydrofluoric acid, which is used industrially to etch glass, and that person now has emphysema, and they smoked cigarettes, likely, I say that hydrofluoric acid contributed to their emphysema. I think I am right about that. Chairman Thompson. When you say, likely to have contributed or contributed and so forth, is that sufficient? Do you think that is sufficient in most State Workers' Compensation cases to get the checks? Dr. Markowitz. That is the standard. Chairman Thompson. The medical standard might be one thing and the legal standard might be another, and that is the problem that we are encountering a lot of times. Dr. Markowitz. I am not an expert throughout the country in Workers' Compensation standards, but I can tell you that what I have come across in the States that I have looked at so far is that if there is a contribution from the exposure to the disease, that is sufficient. There are other problems with compensation. I do not think that conceptual problem is the main problem right now. The problem that Mr. Ray was talking about, chondrosarcoma, a special type of bone cancer, you go to the cancer epidemiology text, the main one, called Cancer Epidemiology, and you look under bone cancer, the first sentence under ionizing radiation is that chondrosarcoma and the other types of bone cancer are caused by ionizing radiation. So that is not rocket science to make that kind of statement about causation. There is a lot of information available that supports a lot of the claims that people are making. Now, there are other areas that are far grayer. People who have multiple system problems, who have neurologic disease, who have immunologic problems, those are not amenable to screening. Those are tougher to figure out. And my view is that those people need special diagnostic and treatment centers set up in the communities operated by independent expert physicians and others with the full participation of the patients and of people in the community who are involved who will deliver that honest opinion. In 1987, we at the Mount Sinai School of Medicine did a study of occupational disease in New York State, and we said how much we thought it cost. And after that, the State legislature set up a system of clinics, independent diagnostic and treatment clinics, eight of them around the State. Every worker and every community resident within an hour could drive to a facility which would give them a fair, objective expert opinion about whether their disease was work related or caused by some environmental factors. I do not see why that should not exist in the communities that you are concerned about. Chairman Thompson. I think your information and your technology is probably just ahead of where we are realistically and we need to catch up to what you are talking about. There is no question but there are some cases where exposure is clear, that the cause and effect may be clear with regard to certain diseases. I am not talking about those cases necessarily, although I am wondering from Dr. Michaels, I am going to ask him a little bit later whether or not the compensation system they are going to set up are going to incorporate the standards that Dr. Markowitz mentioned, and that is a contributory matter rather than--or likely to have contributed, some of that nature, those very important words. What I am concerned about are those vaguer situations where there is not a clear cause and effect, and part of the reason for that is because the exposure data is insufficient, and the reason for that is the government did not keep it. Mr.--I started to call you Dr. Voinovich--we have got so many doctors, Senator. [Laughter.] Senator Voinovich. First of all, I would like to say that I have been very impressed with the cooperation and the conscientiousness of Dr. Michaels. Dr. Markowitz, I am not familiar with all the work that you are doing, but you get good marks from Dr. Michaels, and obviously from your testimony you really care about what you are doing and the people that have been affected by this longstanding situation that we have had in the country. In S. 1954, the administration proposal, does the administration intend to consider compensation for respiratory ailments or is cancer the only covered ailment? Dr. Michaels. Would you like me to speak to actually that bill or to the---- Senator Voinovich. What I am interested in is that when we get legislation, let us make sure we cover everything, and you have chemical exposure, for example, fluoride, hydrofluoric acid, trichlorethylene, ethylene, and some of these other chemicals that people have been exposed to. It seems to me that when we are doing this, we ought to cover everything that people have been subjected to and not just restrict it to say if it is not cancer, it is not covered. Dr. Michaels. No, I agree, and Secretary Richardson has been very clear. He wants to cover everybody across the DOE complex. If they have a disease, any disease caused by radiation or toxic chemical exposure, they should be compensated. And certainly that is the direction that Secretary Richardson is pushing very hard to do. Senator Voinovich. So it is going to be a broad-based bill that we are not going to end up saying to somebody, I am sorry but we left you out? Dr. Michaels. I obviously cannot predict exactly what will be in the bill because we are not at the end of the process, but I can tell you certainly what Secretary Richardson and I are committed to trying to get. He certainly said he wants to cover everybody. Senator Voinovich. The other thing is that in preparing for this hearing, my staff has learned of documents that you have in your possession, and I have written to you on them regarding the oxide conversion plant at Portsmouth. The oxide conversion plant, from what I understand, is a plant that recycles spent fuel from nuclear reactors. Is that information going to be coming---- Dr. Michaels. Yes. We will release it promptly. We have a number of documents. Some are in my possession. I am told there are additional ones that I will be receiving. Our commitment is to release all documents publicly either at the time of the release of our report in May or before that, depending on--and we will put them on our website and we will give them to you and to the press. No documents will be withheld unless there is some security matter that requires that, and we will do everything we can to release those, as well. Senator Voinovich. Dr. Michaels and Dr. Markowitz, you have an historic opportunity because of the fact that you are new on board, because of your medical background, because of your experience, to help draft some legislation that will really make a difference in the lives of people in this country that have been affected by all these facilities that we have had. I would really be interested in--following up on your testimony, Dr. Markowitz--of the things that we can do from a diagnostic point of view, I mean, if you had the ideal world, what would you be doing? Now, you have talked about bringing in the equipment. I know, for example, I have a good friend of mine that is in pretty bad shape from lung cancer, and if he had been diagnosed earlier, I think he was, what is it, stages 1, 2, 3, 4, I think he was at stage 3, and if you get somebody at stage 1, you have a good chance of making sure that the cancer is taken care of. So the point I am making is that from the point of view of an aggressive action plan by the Department of things that you can do and pay for that would go out and try to identify as early as possible the problems that people have, I would like to know what that ideal plan would be, and then what part of your budget that would be paid for, because Mr. Chairman, we have got to know--we can talk all we want to, but it is a question of coming up with the money to pay for some of these things. This would be something the Department could do. So now you have got people, you have screened them, you have got a diagnosis. The next issue is, how do you provide compensation for individuals, and there are a variety of--I do not know what insurance coverage these folks have or do not have, but to look at what the average situation is and what is it that in a piece of legislation we could include that would guarantee that once, for example, you diagnose somebody at lung cancer 1, that they have the insurance coverage that they can go in and have somebody take care of it and not have the problem of, I have got it, but how do I take care of it? So that would be the second tier. That would have to be in the legislation. And then I do not know how you compensate for somebody that has passed away. I mean, I do not know how you can do that, but I think there are some people that can think about that issue. The point I am making is that we have got this chance to really make a difference right now and I think that I would like for you to come back to this Committee with your best recommendations. I know you are going to be making it to your agency, but we are interested in being helpful. Maybe we can collaborate. But I do not want a minimum thing. I would like to say, this is what we really think would get the job done, and then let us see if we cannot get that taken care of. In addition, the issue of some of these things that--I would like your opinion, are there some things that you have seen out there that you do not know what it is and where we need some specific research work? Would you want to comment on that? Dr. Markowitz. Not really yet. We are just getting our data together to begin to figure some of that out. Ours is funded as a 5-year pilot program by DOE. We are starting our fourth year. By the end of 5 years, we will have screened a lot of people, but by no means exhausted all the people who deserve screening. And so hopefully the program will be continued beyond that. I would make a strong plea in favor of presumption. When I look at these people's records, their occupational exposure history, I look at their job title, I know what they are exposed to. We have a 1-page checklist for each job. I look at their diagnosis that we make, and for a large proportion of the times, it is an easy association to make, because I know if a person was, again, a maintenance mechanic or a process operator and they have given lung conditions, their exposures likely contributed to that. That is not that difficult. I recognize that the exposure information going back historically in DOE facilities is in adequacy. I would say in the private sector it is probably no better, having worked with patients at other facilities, like DuPont, Goodyear, etc. There is no difference, I think, historically, between the private sector and DOE except that DOE should have been better, I think, because of accountability and it served the public purpose. But in any event, those exposure data do not exist and I think we cannot really hope that they will exist or be able to make judgments hoping that there are quantitative data we can rely on. If a person reports exposure, had a job title that we believe exposure was plausible, has a plausible condition, then to me, that is sufficient, and that is where judgment of occupational medicine comes in. I do not understand why legislation cannot reflect that. Senator Voinovich. Good. The other thing, of course, is the stress level. I mean, one of the things that I think that the Department should be looking at right now, we have a lot of people in this room and a lot that are not here are worrying what is going to happen to USEC. Are they going to stay in business, and if they go out of business, then who is going to take care of the insurance for the current workers? This is a big deal. I think everyone agrees that, in fact, the answer to the question I asked was, do we need to have a uranium enrichment facility, and the answer to that was, yes, we do. So if they do not do it, then somebody has got to do it, and I think the issue of the health coverage of the current workers and then those that have been exposed in the past and what kind of health coverage they are going to have is a big issue. You cannot put a dollar figure on stress, but in this country, one of the biggest problems people have is whether or not they have insurance or not to cover their health problems. So I think the Department ought to be looking at that issue in terms of down the road decision making about that facility. When do you think that we will have enough information to put something together? Dr. Michaels. A legislative package? Senator Voinovich. Yes. Dr. Michaels. I am hoping that there will be a proposal within the next month or so. Obviously, Congress can go and do this on their own. We would like to work very closely with Congress and the Members here, especially, in putting this together. Chairman Thompson. You will. Senator Voinovich. I have faith, Mr. Chairman, that we are going to get some good information from these guys, and I really mean that. I think that we ought to do it with the idea that it is going to be something that is not going to only take care of the current situation but something that we can rely upon in the future. Would it not be wonderful to be able to say that we have had all these people that have worked at these facilities, and God knows what is still out there that we do not even know about, and that if it does arise, that we have a plan in place that can respond to the needs of these people. We are looking forward to working with you. Dr. Michaels. Thank you. Dr. Markowitz. Thank you. Chairman Thompson. Just a couple more things. First of all, Dr. Markowitz, you really are doing the Lord's work and both of you are in trying this early detection. I do not mean to minimize that at all. It is part of the same problem, but it is a different kind of problem from the compensation part. It is extremely important that we fund that and that we do it at a faster rate. You are going as fast as you can with the money you have, but we need to do that at a faster pace. The other part of that is, though, the more immediate part is all those people who need immediate help, who we know that have major problems. We do not have to worry about trying to find out if they have problems. We know that they do. So I get back again to the standard that we are going to apply, and I think, Dr. Michaels, I would pay close attention to what Dr. Markowitz said, and what he said is that there are a lot of cases out there that are pretty easy to determine a causal relationship. That is going to come as kind of a surprise to a lot of people who are going to be saying, in a sense, if it was that easy, why have I not gotten a little bit more response or compensation for it, if you are one of those things that fall into the easy category? I think whatever legislation that you propose needs to take that into consideration. He talks in terms of contributes to the problem and all that. His words are easy to slough over, but if you slugged it out in a courtroom for 15, 20 years, you understand, those are very important words and your people, lawyers over there, all know that. So I encourage you, do not set the standards so high that it is going to be too difficult. Look at some of these other standards, Agent Orange, Black Lung, all these other things. I think if you look back over there, you did not set the standard so high there. Of course, maybe the numbers were not as big, either, but it really should not matter. I think the language that Dr. Markowitz uses there is good language, but a Workers' Compensation case or something like that requires usually a higher standard of proof and that is not what we should be dealing with here. Especially from what I hear about what you are going to come out with with radiation exposure, for example, I am concerned about it, because as I understand it, compensation decisions would be based on a number of factors, including dose information. I am not asking you to comment on your report that has not come out yet officially, but if that is the case, again, we know that dose information, we have a problem with that. So I would urge you not to rely too much on something like that as you come forward with your proposal. What about this business of medical records that have been redacted? We are going to have to get around that problem. I would ask you, and I am going to be talking to Secretary Richardson about that and these other things, but that is just lying out there. That will not work. We have got to do something about that. Now, we can set up a system. We can get some disinterested third parties or go to a court in camera or whatever we need to do to get around that, but we cannot have these people out here not knowing what they have been exposed to if, in fact, there are cases where--these look like cases where you know what they have been exposed to, we just cannot tell you, and that is not going to work. Be thinking about that, because we are going to be talking to you about that. Dr. Michaels, it has been reported in the press that 417,800 tons of recycled uranium, that is, uranium that had already been used to produce plutonium for weapons and was therefore contaminated with plutonium, neptunium, and other radioactive materials, were sent to the K-25 plant during the 1950's, 1960's, and 1970's. In your testimony, you say that Y- 12 received some recycled uranium, as well. That is certainly not as much as Paducah received, but it is, I believe, about three times more than DOE originally estimated when the Paducah story first broke. Can you tell us what you know right now about this recycled uranium that went to Oak Ridge? Dr. Michaels. I do not know much more than what I put in my testimony. We have a team of people from my office leading what we call the mass flow project to actually try to trace through invoices and other records all the materials that could have come from either Hanford or Savannah River, where plutonium was extracted from uranium in the first go-around, so we hope to be presenting that later on in the spring. We understand the initial estimates were not necessarily accurate. We tried to put them out in that context. We felt at the time of the Paducah, the first open discussion of this, it was important to put out what we knew, even if we knew it would not be totally accurate, rather than have to wait a year. But we are now going through literally thousands of records to try to determine exactly how much went to different locations. At the same time, in terms of the three gaseous diffusion plants, we have a team of people associated with the University of Utah working jointly with us and the University of Utah to determine what exposures occurred, both to uranium and to plutonium, neptunium, and some of the fission products, because just knowing that the contaminated uranium went there is not enough. We obviously want to know how much exposure occurred and we are working very hard on that, as well, and we hope to be getting---- Chairman Thompson. So we can expect a report on that about when? Dr. Michaels. You will be getting lots of reports, sir. I cannot tell you when the---- Chairman Thompson. Well, one that will tell us how much of this stuff went to Oak Ridge. That is the one I am asking about. Dr. Michaels. The Oak Ridge one, with the exception of the Y-12 part, we hope to have our final reports by June. Y-12 will take a little bit longer, but the K-25 site will be done by June. Chairman Thompson. All right. And then Y-12 shortly after that? Dr. Michaels. Shortly after that. Chairman Thompson. One more question. The GAO report back as far as 1980 concluded that the Oak Ridge operations office did not conduct adequate oversight of health and safety operations at the plant, did not conduct the required number of inspections and appraisals, did not provide an adequate forum for workers' complaints, relied too heavily on contractors to resolve these issues that arose. Of course, it was often in the best interest of the contractor not to resolve them. This goes back to 1980. When that report was written, the local field offices were responsible for overseeing the safety and health programs of the facilities under their purview. I believe this responsibility has been moved to DOE headquarters under your supervision, now is that correct? Dr. Michaels. Not really. The field offices have responsibility for overseeing health and safety on a day-to-day basis. My office, and I have a Deputy Assistant Secretary for Oversight, David Statler, who is here, is responsible for general oversight in the complex, and we go and we do periodic inspections to see how the local oversight is going on. But oversight, there are many of us in DOE who have the title ``oversight.'' Because of the nature of the risks involved, safety and health oversight is done locally and should be done by very highly qualified and powerful staff. Chairman Thompson. What can you say to assure us that it is being done any better than it was in 1980? Dr. Michaels. We have beefed up our oversight investigation, which we oversee the local oversight people, and I think we are doing a much better job issuing pretty hard- hitting reports, and the Paducah report was one that, I think, got a lot of attention. We do not pull any punches. We go and we look and when we see a problem, we call it to the public's attention as well as to our own attention. Secretary Richardson recently appointed a new field manager for Oak Ridge, Leah Dever, who is very committed to environmental safety and health. In fact, when she began at DOE, she began in the environment, health, and safety unit, working for the office that I currently head. I think her commitment to these issues is unequalled, is unsurpassed in the complex and I think she is doing everything she can, as well, to increase our daily oversight. On the other hand, we still have--our problems still occur and we have some very difficult procedures and processes to work with, some very, very toxic and hazardous chemicals. We had an explosion in December at Y-12 that was--we identified significant problems associated with that and we have to just keep pushing as best we can. Chairman Thompson. I think that is the problem we are trying to reinforce. You have some very toxic and hazardous materials that you are dealing with there. Dr. Michaels. I know. I do not minimize any of those problems, sir. Chairman Thompson. And I know that you do not. Thank you very much. Senator Voinovich, do you have any more questions? Senator Voinovich. I just have one question more, Mr. Chairman. In your screening, Dr. Markowitz, thus far, we had testimony by an Anita George in Piketon about the reproductive problems that women were having, miscarriages and--I think she said just about everybody at the place has had a hysterectomy. Through your screening, have you surmised anything about the accuracy of that or whether there is a much higher incidence of, let us say, hysterectomies? If everybody at the place has had a hysterectomy, somebody has got some real worries about what they have been exposed to. Dr. Markowitz. Right. Well, we have not asked that specific question. We do collect general medical histories on people. We have only screened about 350 people at Portsmouth, and a small percentage of those would be women, so we really would not have enough data to address that. But over time, we would be able to collect that kind of information. Senator Voinovich. I would really be interested in that, because that to me was shocking, that women who had worked there had miscarriages and obviously somebody advised them to have hysterectomies, and I would like to verify that if it is true. Dr. Markowitz. OK. As we develop that information, I will get it to you. Senator Voinovich. Thank you, Mr. Chairman. Chairman Thompson. Dr. Markowitz, and this will be final, but you just mentioned something that reminded me of something else that concerned me, and that is it seemed like your studies in large part are studies of other studies that have already been done. You know what my concern is there, that a lot of these studies that have been done historically are lacking and inadequate and incomplete. It points out what a massive job it is. I mean, if you went out and started a new nationwide survey, how long would that take? But it does point out a difficulty, does it not, the fact that you are having to rely in many cases on your surveys on data that may be flawed in some respects? Dr. Markowitz. At the start of our project, we had a year needs assessment and I looked at all the studies that were published, specifically at K-25, Portsmouth, and Paducah. No one had ever done any work at Paducah. There was some limited work by NIOSH at Portsmouth and some more extensive work at K- 25. We read those and critiqued them and took the information of value from them, in particular with a grain of salt. We could recognize the weaknesses, particularly in the exposure measurements, problems with outcome measurements, the problem as you mentioned before, Senator Thompson, about the healthy worker effect, the fact that people who work start out healthier and often, in some respects, stay healthier, at least the large proportion, than people who do not work, so you always see this depression in the overall risk of death for all causes. But our work really is--first of all, we are not really doing a study. Our work will yield information, but ours is a service to people. We are medically screening and educating people about their risks, identifying health problems. This is not an epidemiologic study. Over time, we will have enough information, I think, to make some statements. But this is intended to be a service to people. Within the budget we have, within the mandate we have, we try to cast it as broadly as we can to capture multiple outcomes and exposures, but we really cannot do it all, given the limitations. We do not wholly rely on the studies that have been published in the past. We make our own judgments because we know what hydrofluoric acid does. We know what trichlorethylene does. We know what asbestos does. If it did it at insulators working in construction, it will do it at a DOE gaseous diffusion plant. So we use that kind of information, as well. Chairman Thompson. Do we still have a lot to learn about how these various chemicals and other elements interact with each other in the human body? Dr. Markowitz. Absolutely. Most of what we know about toxic agents and radiation is really limited to several dozen agents--lead, mercury, the ones you hear about, trichlorethylene. Most of the others, we do not know a whole lot about, and mixtures, we know very little about. We know about asbestos and cigarette smoking. We know about uranium and cigarette smoking. But mixtures of toxic chemicals have been really very little studied, very difficult to study, and NIHS, in particular, is interested, but there has not been a long track record on this in the past. Chairman Thompson. Thank you very much. Gentlemen, thank you very much. We look forward to working with you and we thank everyone for being here and being so attentive today. Thank you very much. The record will remain open for 1 week after the close of this hearing. We are adjourned. [Whereupon, at 12:50 p.m., the Committee was adjourned.] A P P E N D I X ---------- PREPARED STATEMENT OF SENATOR MIKE DeWINE, SENATOR FROM THE STATE OF OHIO Mr. Chairman and Ranking Member Lieberman, first let me express my appreciation to you for holding this oversight hearing. I believe that it is important to the people of Piketon, Ohio to know what material the employees of the Portsmouth Gaseous Diffusion Plant were exposed to, why no one has provided complete and accurate information on the health and safety risks associated with working in the Plant, and what progress the Department of Energy is making in providing answers to the community. Back in August, I was very troubled to learn that plutonium-laced uranium went through the Portsmouth facility. Just as troubling, the Department of Energy was learning about this issue from its own reports. The Department has now had several months to investigate, and I still have questions. For instance, I am troubled that the Department has not responded to a February 15th letter from Senator Voinovich, Representative Strickland and myself that asked whether or not the Department's oversight team would be able to include information on the health and safety risks from weapons system material, if any was ever sent to Portsmouth, in its final oversight report. The fact that there are still unanswered questions on the material that went through the Portsmouth facility may mean that the Department could downplay the health and safety risks to past and present workers. While I understand that secrecy was necessary throughout the 50's, 60's, and 70's during the Cold War, I believe that the Department needs to move forward and make information known that is important to protect worker health and safety. After all, the health and safety of the workforce should be one of our top priorities. As I hope to show at a field hearing later this year, the Federal Government permitted workers at the Portsmouth plant and other nuclear facilities to be at risk of exposure. These men and women who made their contribution to this country's national defense have suffered not only from the illnesses that they contracted as a result of the risk that the government placed them in but also from the systems set up to compensate these workers for job-related injuries. The Administration has a proposal to compensate a very limited number of Department of Energy contract workers whose health was put at risk, and while I support that effort, I believe that this proposal does not go far enough. It does not include the thousands of Portsmouth employees who were exposed to radioactive and other hazardous materials without adequate protection, and I am committed to ensuring that Ohio workers are treated fairly. Again, I appreciate the Chairman's interest in an issue that is of great importance to families of the workers in our states. These families continue to have questions and they deserve straight answers. I hope this hearing will give us an opportunity to do just that. __________ QUESTION FOR THE RECORD SUBMITTED BY SENATOR STEVENS AND RESPONSE FROM DR. MICHAELS Question: Mr. Michaels, in the State of Alaska, the United States conducted its largest atomic underground test to date on the island of Amchitka in 1971. This was the last of three underground blasts conducted on the island beginning in 1965. It is my understanding that last year Dr. Seligman made a commitment to a medical screening program for workers who had been employed at the Amchitka nuclear weapons site. This screening was to be conducted over a period of years. I would like to know the current status of that screening process and your plans to complete it. Answer: In September 1999, an Agreement in Principle (AIP) between the State of Alaska and the DOE Nevada Operations Office was executed to support a variety of environmental monitoring and remediation programs. Included in that AIP was a commitment to support a program of medical monitoring for former DOE contractor workers who were employed at the Amchitka site. Funding to initiate the program ($237,000 in FY 00) has been provided to the State of Alaska, and the Department has asked for funds to support full program implementation as part of its FY 01 budget request. 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