Compensation delays seen for nuclear weapons workers

Benjamin Grove

Friday, April 13, 2001 | 11:21 a.m.

WASHINGTON -- Cold War-era workers who got sick from testing nuclear weapons at the Nevada Test Site might have to wait six months before they see their first checks from a new compensation program.

Congress approved the program last year, allocating $60 million in startup money to pay ailing nuclear weapons workers and their survivors up to $150,000 for medical costs.

But bureaucratic wrangling over which federal agency will manage the program has threatened a planned July startup.

Congress directed the Labor Department to manage the program, but Labor officials have tried to transfer it to the Justice Department. A key aide close to the negotiations over the program said transferring it to Health and Human Services is another possibility.

Rep. Jim Gibbons, R-Nev., on Thursday reported that Labor officials would manage the program after all. But a transfer to Justice is still under consideration, despite news reports the idea had been scrapped, Labor spokesman Stuart Roy said today. "Secretary (Elaine) Chao just fundamentally believes that we cannot get it done by the July 31 deadline," Roy said. "That is her major concern."

Roy said Chao and a "single digit" number of key lawmakers who represent sick workers were continuing to negotiate an implementation plan. Chao was traveling in California Thursday and today and members of Congress are back in their districts this week during a break. Consequently, communication has been hampered.

If Labor manages the program, Chao reportedly has asked for a six-month delay that could not be confirmed.

The Nevada delegation objects to any delay. Sen. Harry Reid, D-Nev., believes "this has taken too long as it is," spokesman Mark Schuermann said. "Every day that goes by, sick workers are dying."

Chao seeks several other changes, aides to key lawmakers said today. One centered on whether to compensate workers afflicted with silicosis, an ailment common among Test Site workers whose lungs were scarred by silica dust. However, Roy denied that issue was a "sticking point."

Reid, the Senate minority whip, said removing silicosis workers from the deal would be a "terrible mistake."

"Congress granted compensation payments to all these victims last year, but now the administration is considering drawing distinctions between them, and only providing compensation to some," Reid said in a written statement today. "I've placed calls to some administration officials, and I plan to talk to them at length to make sure they understand our position."

Chao also may want to eliminate worker suits to obtain compensation, sources said. Chao seeks to replace that judicial review with an administrative review.

A minor wrinkle in the developing negotiations is Chao's husband, Sen. Mitch McConnell, R-Ky., who represents some sick workers. He has been the target of lobbying by House members who want to see the program running as soon as possible at Labor. A McConnell spokeswoman was not available for comment today.

About 600,000 workers toiled, sometimes unprotected from dangerous radiation, at more than 300 weapon sites, including the Nevada Test Site. Early Energy Department estimates indicated 3,000 to 4,000 workers would be eligible.

Nine House members, including Gibbons and Rep. Shelley Berkley, D-Nev., last week introduced a bill forcing Labor to take the job.

"The bill we've cosponsored is designed to put a stop to this bureaucratic bickering, once and for all," Berkley had said. "It's time for the government to pay up."

The Associated Press

contributed to this article.