Fifty Questions for Senator Fred Dalton Thompson
on Amendment 3250 to S.254910 Jun 2000
Here are fifty questions to ask Senator Fred Dalton Thompson in letters, faxes, E-mails, telegrams, phone calls, personal visits, press conferences, fundraisers, etc. (You may also wish to address them to the Senate cosponsors, who were apparently frustrated by Thompson's refusal to compromise on the Amendment.)
1. Why are there no Congressional findings and purposes? Isn't that customary, particularly in a piece of reform legislation? Why was this left out?
2. This Amendment reads like a rewrite of DOE's bad bill -- who drafted the Amendment? Was the proposed Nuclear Weapons Workers, Veterans and Residents Compensation and Health Act (NWWVARCHA) ever even considered? See http://www.downwinders.org/summary.htm and http://www.downwinders.org/new_draft.htm .
3. Why didn't Senator Thompson offer the Voinovich-Kennedy bill as a floor amendment and put it to a vote?
4. Why are there no action-forcing deadline mechanisms, as in the Voinovich-Kennedy bill, where claims are automatically granted if not denied by the deadlines?
5. Why are federal court lawsuits required to obtain discovery for beryllium victims? This is expensive, time-consuming and cumbersome -- the Department of Labor Office of Administrative Law Judges has its own discovery rules.
6. Why must beryllium victims wait 180 days before commencing a lawsuit to compel discovery? No such forced delays exist in DOL compensation litigation.
7. Why is the only mention of the word "court" in the entire bill in connection with beryllium workers having to sue to obtain discovery? Why aren't existing DOL administrative law judges used to decide cases with independence?
8. Why is there no provision for an award of reasonable attorney fees, other than for a lawsuit seeking discovery in federal court?
9. Why is there no ban on attorney solicitation, as there is in the Black Lung bill?
10. Why is there no ban on contingency fees, and a provision for attorney fees at reasonable hourly rates, as in Black Lung legislation?
11. Why are there no penalties for solicitation and contingency fees, as in the Black Lung legislation?
12. Why are there no penalties for perjury and document withholding by DOE and its contractors?
13. Why does the bill not say that it is remedial and to be liberally construed? Why do the words reform, remedial or liberal construction nowhere appear in the legislation?
14. Why is there no apology to workers DOE made sick -- as in Rep. Kanjorski's bill, filed some 18 months ago?
15. Why does the bill involve DOE deciding who to compensate for its own toxic chemicals?
16. Isn't that a conflict of interest to involve DOE in any way deciding who gets compensated?
17. Why are victims of cyanide, heavy metals and other toxicants left to the tender mercies of state workers' compensation systems?
18. Why isn't there funding of the compensation through a polluters-pay provision, requiring DOE contractors to pay for what they have done through their recklessness?
19. What discussions were had by Senator Thompson's office with Lockheed, DOE, insurance companies and other special interests?
20. Did Senator Thompson ever consider any of the testimony from his March 22, 2000 hearing in drafting the bill? Does he think this bill will help any of those witnesses? Why were the witnesses who filed written testimony with Senator Thompson not sent letters of thanks (common Congressional courtesy)?
21. Why were Senator Thompson's hearings so limited in duration and scope? Why were non-DOE witnesses limited to only five or ten minutes? Why were whistleblower and criminal law issues excluded from the hearing?
22. Why is there no provision in Senator Thompson's bill regarding investigation and prosecution of DOE contractors?
23. Why are the DOE-proposed medical panels in the legislation?
24. Aren't medical panels susceptible of influence and control? What lessons have been learned from the Reagan Administration's pressures on Social Security judges to deny benefits?
25. Why aren't medical panels protected by 5 U.S.C. 3105, the law that protects the independence of administrative law judges?
26. Why is there nothing to prevent pressures by DOE upon medical panel members?
27. Why is there an irrevocable election?
28. Why aren't rights to sue contractors for intentional torts preserved?
29. Why isn't the Federal Tort Claims Act amended to eliminate the discretionary function exemption for ultrahazardous activities?
30. Why is the phrase ultrahazardous activities totally missing from the legislation?
31. Why aren't Administrative Law Judges in the bill?
32. Why aren't appeals to the Administrative Review Board in the bill?
33. Why is there no provision for judicial review?
34. Why aren't genetic injuries to children and grandchildren covered?
35. Why aren't injuries to spouses and other household members covered?
36. Why aren't sick residents and Downwinders covered?
37. Why isn't the Administrative Procedure Act made applicable to hearing requirements?
38. Why aren't more diseases covered?
39. Why aren't more toxicants covered?
40. Why aren't cyanide, mercury and hydrogen fluoride -- the three major Oak Ridge toxicants -- never mentioned in the legislation, with compensation left up to the weak workers compensation system in states like Tennessee?
41. Why isn't independent medical care assured, free of influence by DOE and its contractors?
42. Why isn't independent medical research provided for, free of influence by DOE and its contractors?
43. Why is there no provision for a memorial to sick workers and residents whose suffering made the Cold War victory possible?
44. Did Senator Thompson ever do lobbying work for Lockheed Martin or any other DOE contractor? What kind of campaign contributions and other support has he received?
45. Did Senator Thompson's son ever work for Lockheed Martin, as indicated in a news report? When? Where? Why? What job duties? What salary/benefits? Is his son still working for Lockheed Martin? Where does he work now? 46. Did Senator Thompson talk about this legislation with his son? What was the discussion with Senator Thompson's son?
47. Did Senator Thompson talk about this legislation with Howard Henry Baker, Jr., whose corporate law firm spent some $159,000 in DOE money to sue DOL to prevent a hearing in Dr. Reid's case? What was the discussion with Howard Henry Baker?
48. Why did Senator Thompson serve as an obstacle and a stumbling block to real reform, breaking his promises to compensate and protect sick workers?
49. Just what did Senator Thompson think this bill is going to accomplish?
50. How many workers does Senator Thompson really think will be compensated under this bill? What is the source of the $1 billion estimate? Who made it?
