This amendment is intended to address one of the two major failures in the implementation of the Energy Employees Occupational Illness Compensation Act.

So if it is none, if it is zero--and we have also made that assumption, that there are none--what was the purpose of putting this language in the MOU?

the importance of this issue led me to co-sponsor the Grassley-Murkowski amendment.

The people Congress wanted to help deserved so much better than they got.

So this goes back to your opening statement, when you said we need to communicate what our program is all about...

Well, I am looking at the language that was pulled from the MOU and the language as I am reading provides that: 'Provided that, consistent with subpart D, such a determination will prevent DOE and may prevent a DOE contractor from…

The findings of the Hays Group further reinforce the need to move claims processing from the Department of Energy to the Department of Labor.

We must make sure that claimants found eligible for benefits are promptly compensated.

I appreciate it. Thank you, Mr. Chairman.

The numbers and the statistics, they are not acceptable. They do not work.

I might suggest that I do not believe it was Congress's intent that we just run people through a bureaucratic nightmare just so that they can say we processed their claims.

These workers and their survivors are entitled to far better treatment then many of them have endured.

I hope that the committee is beginning to understand the frustration I've experienced.

Have you advised the Alaskan claimants that there is no willing payor?

It seems like what we are doing is we are setting people up here and giving them some hope...

Is the DOE defending its physicians panel determinations when they are challenged by insurance companies, and if not why not?

Clearly, the Department of Energy had a substandard operation when it came to implementing this compensation program.

I recently supported Senator Grassley's attempt to move administration of Part D from the DOE to the DOL.

Well, how can you get the claims processed with no understanding on the other end as to how you are going to make the payment?

I'd like to thank Chairman Dominici for holding this hearing today on the implementation of the Energy Employees Occupational Illnesses Compensation Program Act.

I offered an amendment in September with your colleague here Senator Murkowski co-sponsoring the amendment.

Well, if there is not, I would certainly hope we are not leading people down a path that is obviously very difficult...

I was assured [by DOE] that the contractor would be notified and asked to accept primary liability for my claim and would also be asked not to raise any affirmative defenses in my case.

U. S. Senator Lisa Murkowski and Congressman Don Young from Alaska have both asked Secretary Abraham to resolve the willing payor issue.

This is simply unacceptable. Let me repeat--this is unacceptable.