January 3, 2004

The Honorable Chuck Grassley

135 HART SENATE OFFICE BUILDING

WASHINGTON DC 20510

The Honorable Lisa Murkowski

322 HART SENATE OFFICE BUILDING

WASHINGTON DC 20510

Dear Senators Grassley and Murkowski:

I want to again thank you for your efforts to improve the Energy Employees Occupational Illness Compensation Plan Act. Your firmly-worded letter of December 22, 2003, to Energy Secretary Abraham is welcomed and appreciated by those ill workers whose claims have been left in limbo by the ineptness and failure of the Department of Energy's handling of their part of the EEOICP.

The NBC News broadcast of January 1, 2004 helps again bring some much-needed focus to the plight of the thousands who may never see justice under the EEOICP. Two major architects of the compensation plan, Dr. David Michaels and Richard Miller, both spoke out against the DOE's shortcomings in the implementation of the plan. The broadcast also, once again, pointed to the inability of Science and Engineering Associates to complete their assigned (and highly compensated) task. And, again, the Louisiana delegates refused to comment when asked to explain the lobbyists' success of "jobs over lives".

The failure of the Department of Energy and Secretary Abraham to respond to your requests is inexcusable, but not surprising. DOE, as you know, is now also embroiled in a stand-off with New Mexico Governor- and former DOE Secretary- Bill Richardson. DOE's attitude that it can do whatever it wants with impunity follows a long tradition. The brief bright spots have been during the "openness" era of Secretary Hazel O'Leary, and the unashamed support of Secretary Richardson for the ill workers. However, as a close friend at DOE headquarters told me several years ago, "There are those of us in DOE who care, but we are outnumbered."

The National Economic Council Report of 2000 stated that the EEOICP would not work for those filing under state's workers' compensation, and explained the shortcomings in detail. Worker advocates and Congressional supporters emphasized these findings to no avail. Four years later the only facts that have changed are that the number of surviving claimants is dwindling. One of our strongest local advocates died a year ago this week without realizing resolution for his own claim. Had he worked five miles away at Y-12's sister site, he may have lived to see that resolution. His "dose reconstruction" process prevented that.

Those of us still employed at the nation's nuclear sites fear that we, too, will be abandoned, or fall into the "bureaucratic purgatory" that the Subtitle D claimants are experiencing. Exposures still occur and records continue to surface showing both past and present inadequacies of records. Recently, I and three co-workers with beryllium-related illnesses were removed temporarily from our supposed "safe haven" due to repeated incidents of beryllium in our work area. Public release of a document was recently received showing a building with radiation contamination over a thousand times the allowable limit. A recent NIOSH release has made public that plutonium was present in the same building. These are all locations of my past and present work assignments.

I would ask that accountability be demanded of the Department of Energy, and Secretary Abraham explain why Contempt of Congress charges not be lodged against his department.

Thank you again for giving a voice to those who cannot fight for themselves.

Glenn Bell

Beryllium Victims Alliance

504 Michigan Ave.

Oak Ridge, TN 37830

865-482-7641