Ill Uranium Miners Left Waiting as Payments for Exposure Lapse

By MICHAEL JANOFSKY

GRAND JUNCTION, Colo., March 20 — For all the reminders of Bob Key's
cold war effort, mining uranium for American nuclear weapons
programs, none stands out more than the tank of oxygen tethered to
his throat. Mr. Key, 61, has pulmonary fibrosis, a scarring of the
lungs that is often fatal. A recent tracheotomy helps air flow to
his lungs through a tube connected to the tank.

 A decade ago, Congress recognized the contributions of Mr. Key and
other uranium miners and passed the Radiation Exposure and
Compensation Act of 1990. Signed by President George Bush, the law
established one-time payments of up to $100,000 to miners or their
families and to people who lived downwind from the nuclear test
sites in Nevada. Last year, Congress increased the payout to
$150,000, added new medical benefits and expanded the number of
workers eligible.

 But after years of smooth operations, the program is broke.
Scrambling last year to pass President Bill Clinton's final budget,
lawmakers never debated the Justice Department's request for
additional money to cover the expanded program even as new
applications were pouring in, and by May, nothing was left. And
Congress has been reluctant to act until it decides how to
apportion the federal surplus and how much to cut taxes.

 As a result, for the first time, claims from hundreds of eligible
applicants like Mr. Key have been held up, with many of the
applicants receiving i.o.u. letters from the Justice Department,
which administers the program, saying their requests will be
processed only after Congress appropriates more money.

 And the demand is only increasing. Claims from another 1,600
applicants under the original law are pending, and the department
estimates that as many as 1,050 new applicants are expected to file
for benefits this year, a number that would raise the cost of the
program to more than $80 million. 

 "It's been a bureaucratic travesty," said Representative Scott
McInnis, a Republican from Grand Junction, a city in western
Colorado, who introduced legislation this year seeking $84 million
to restore the program. "These people are due their compensation.
There is nothing to be adjudicated. The money is owed. The debt is
due."

 For now, Congress has not decided how or when to continue the
program. Lawmakers are discussing the possibility of legislation as
part of the current year's budget to provide money right away.

 Meanwhile, almost 200 people who have been approved for the money
are still holding the i.o.u.'s, including relatives of some miners
who have died of their illnesses while waiting.

 "Just since January, we've lost five clients, and I'm sure there
are more we're not aware of," said Keith Killian, a lawyer here who
represents former uranium miners and their families. Rebecca
Rockwell, a private investigator in Durango, Colo., said she
represented the families of at least 10 clients with i.o.u. letters
who have died.

 Senator Pete V. Domenici of New Mexico and Senator Orrin G. Hatch
of Utah, both Republicans, have introduced legislation similar to
Mr. McInnis's, asking for enough money to pay all claims through
this year and to make the program a permanent entitlement so
Congress does not have to authorize spending each year. They have
urged President Bush to include money for the program in a
supplemental budget proposal for the current fiscal year.

 But miners and their families have been told that no new spending
is likely until Congress resolves its fiscal issues, a process that
could delay disbursement of the miners' money for months, even a
year.

 "I'm bitter about it," said Mr. Key, who worked in the mines from
1959 through 1963 and, like other mine workers, said he was never
warned of the health consequences of exposure to uranium.

 "I wonder how well those guys in Washington would do, see how they
would like it, tied to a chain like I am 24 hours a day," Mr. Key
said. "I know I owe taxes this year. I'm just going to tell them to
take it out of my i.o.u."

 Worried that he will not live long enough to receive a check
because of his lung disease, Jack Beeson, 67, a former miner from
Moab, Utah, said: "We worked in those mines, waiting for our golden
years. Well, now it's our golden years, and it's done nothing but
cost us gold. This is no way to live. I felt I was doing the
government a service. Now, I feel they're doing me a disservice."

 To many of the former miners who extracted uranium from hundreds
of mines in Colorado, Utah, New Mexico and Arizona, the i.o.u.'s
are insulting. From the 1940's through 1971, when mining for the
nuclear weapons program ended, they regarded themselves as
patriots, equal to servicemen. The relatively high wages paid by
the mines were a lure, but so was the idea that uranium mining was
crucial to national security.

 Lorna Harvey's father, Loren Wilcox, was a cattle rancher. But he
disliked Russia so much, Ms. Harvey said, that he took a mining job
in 1954 and worked it for two and a half years. "He felt we needed
to protect ourselves," she said. Mr. Wilcox died of lung cancer in
1969 at 62.

 Most workers had no idea that the yellow ore they were mining
could destroy their health. Wayne Hill, 69, who has lung cancer,
said a tin cup hung at the entrance to one mine for miners and
drivers to drink water dripping out of the rocks. "It was cool,
clear water," he said. "I didn't know it was going to make me light
up."

 So little was known or revealed about the health consequences of
uranium exposure that workers used uranium dust for fertilizer and
uranium rocks for doorstops. "My mother made earrings out of it,"
Ms. Harvey said.

 With deaths and illnesses mounting and ample scientific evidence
to show that uranium exposure was a cause, Congress passed
legislation to compensate the miners in 1990. And for nearly 10
years, the Justice Department's annual requests for financing the
program were met. To date, $268.7 million has been paid to 3,595
people. About the same number were denied because they lacked
proper medical records or copies of company logs that showed how
long they had worked in the mines.

 The financial crunch arose when Mr. Clinton expanded the program
at a time Congress appropriated only $10.8 million to cover
existing claims, an amount that was exhausted quickly. Efforts by
Mr. Domenici and others to cover the shortfall, as well as the new
applicants, failed.

 Some of the i.o.u. holders have lost hope of seeing the money.
Darlene Pagel's husband, Duane, died of pulmonary fibrosis in 1986
at 55. Since then, Ms. Pagel said, she has worked two jobs to pay
off his medical bills, which still amount to $26,922.

 "He didn't know uranium could kill him," she said. "If he'd have
known he would have been dead at 55, he never would have taken the
job."    

Copyright 2001 The New York Times Company