Congress of the Untied States
Washington, DE 20515

January 9, 2007

The Honorable Elaine Chao

Secretary of Labor

Department of Labor

Frances Perkins Building, Third Street and Constitution Avenue, NW
Washington, DC 20210

‘The Honorable Michael Leavitt

Secretary of Health and Human Services
Department of Health and Human Services
200 Independence Avenue, SW
Washington, DC 20201

Paul L. Ziemer, Ph.D. Chairman

Advisory Board on Radiation and Worker Fleaith
920 Southview Drive North

Lafayette, IN 47909

Lewis V. Wade, Ph.D., Executive Seeretary
Advisory Board on Radiation and Worker Health
Hubert H. Humphrey Bidg.

200 Independence Ave.. S.W., Room 715H
Washington, DC 20201

Dear Secretary Chao, Secretary Leavitt, Dr. Ziemer and Dr. Wade:

On March 16, 2006, we wrote to express our deop concem about the implementation of the
Energy Employees Occupational Ulness Compensation Program Act (EEOICPA) and the
operations of the Advisory Board on Radiation and Worker Health. Administration documents
demonstrate beyond question that officials of the Bush Administration have sought to reduce
expenditures by measures that would result in denying compensation to deserving workers under
the BEOICPA program. One proposed step toward that end was to appoint to the Advisory
Board only members who could be expected w be hostile to Special Exposure Cohort petitions.

Special Exposure Cohort petitions are allowed under BEOICPA to enable workers to receive
benefits in circumstances where the Tederal government, or its contractors, failed to ceeate or to
maintain reliable records of the workers’ exposures to radiation. A recent study by an
independent consultant has confirmed our view - which was the basis for proposed legislation to
include Rocky Flats workers in the Cohort -- that the exposure records of a sample of Rocky
Flats employces are grossly incomplete and unreliable.

PRETEO ON AECYOARD PAPER


The response of National Institute for Occupational Safety and Health (NIOSH? to this report
was to temporarily block access by this consultant to any further relevant records - and while
some access has evidently been restored - that response fit the pattern of resistance to making
payments in accordance with the intent of the Act.

in short, this Administration has acted to deny and disguise the inadequacy of the exposure
records of the Recky Flats workers and then, when these workers exercised their statutory right
to seek inchision in the Special Exposure Cohort, the Administration has sought to stack the
Advisory Board with reliable opponents of SEC petitions. This conduct is shameful.

We have written to you and have commented publicly on numerous occasions, urging you to
stop delaying and impeding the Rocky Flats workers' petition. To demonstrate the depth of our
concer, on December 1], Senaior Salazar put a hold on the nomination of Leon Sequiera to a
Department of Labor position until the composition of the Advisory Board is adjusted so that ir
will nore fairly consider SEC petitions.

Since that action, we have been advised that the Administration has submitied nyo nominations
to the Advisory Board. We acknowledge that this is a significant step forward, but, even with
these two nominations, the Board will not be returned w the balance intended by Congress.

The Advisory Board has also recently atmounced its intention to make a final determination on
the Rocky Flats SEC petition in February, despite the continuing investigation into the
inadequacy and unreliability of the Rocky Flats exposure records and despite the continuing
imbalance of the Board. Although we ~ and the Rocky Flats workers and their families « are
anxious to reach a conclusion to this drawn out administrative process, it would be wrong to rush
to Judgment in such circumstances,

We therefore request that the Advisory Board not act on the Rocky Flats SEC petition at the
Board's February meeting, and should not act until the independent investigation into the Rocky
Flats worker exposure records is conciuded and the Advisory Board has been restored to the
balance intended by Congress.

in the event that the agenda for the Advisory Board's February meeting includes action on the
Rocky Flats SEC petition, it is our intention to appear personally at that meeting to make our
position clear and to set forth the Qacts that have brought us to this position.

Sincerely,
Sf, -_ Led pl z f on Y
Mark Udall os

Ken Salazar
United States Senator Member of Congress Member of Congress