From: PATBNAAV@aol.com
Date: Fri, 26 Mar 1999
To: pdxavets@aracnet.com,
Subject: LANE EVANS INTRODUCES H.R. 1286
H.R. 1286
IN THE HOUSE OF REPRESENTATIVES
A BILL
To amend title 38, United States Code, to expand the list of diseases presumed
to be service connected with respect to radiation-exposed veterans.
Be it enacted by the Senate and House of Representatives of the United States
of America in Congress assembled,
SECTION 1. SHORT TITLE
This Act may be cited as the "Justice for Atomic Veterans Act of 1999."
SECTION 2. EXPANSION OF LIST OF DISEASES PRESUMED TO BE SERVICE CONNECTED FOR
RADIATION-EXPOSED VETERANS.
Section 1112(c)(2) of title 38, United States Code, is amended by adding at
the end the following:
"(P) Lung cancer.
"(Q) Bone cancer.
"(R) Skin cancer.
"(S) Colon cancer.
"(T) Posterior subcapsular cataracts.
"(U) Non-malignant thyroid nodular disease.
"(V) Ovarian cancer.
"(W) Parathyroid adenoma.
"(X) Tumors of the brain and central nervous system.
"(Y) Rectal cancer."
Extension of Remarks
Honorable Lane Evans
Justice for Atomic Veterans Act
H.R. 1286
On behalf of myself and Congresswoman Berkley, I am today introducing H.R.
1286, the Justice for Atomic Veterans Act. This important legislation
provides a presumption of service-connection for certain radiation-related
illnesses suffered by veterans who were exposed during military service to
ionizing radiation. These veterans include those who participated in
atmospheric testing of a nuclear device, who participated in the occupation of
Hiroshima or Nagasaki between August 6, 1945 and July 1, 1946, and who were
interned as prisoners of war in Japan during World War II and were therefore
exposed to ionizing radiation.
During their military service, these veterans put their lives and health at
risk. They were, in most cases, sworn to secrecy concerning the nature of
their work. They were not provided with adequate protection from radiation.
The amount of radiation to which they were exposed was not measured. Albert
"Smokey" Parrish, a veteran who served at the Nevada test site wrote, "We, the
Atomic veterans feel like an innocent man in prison for life, and no one will
listen to the facts of the case."
Under present law, veterans who engaged in radiation risk activities during
military service are entitled to a presumption of service-connection for some
illnesses, but for other illnesses veterans must prove causation by "dose
reconstruction estimates" which many reputable scientists have found fatally
flawed. Because of the recognized problems inherent in dose reconstruction,
last year, the Department of Veterans Affairs Deputy Under Secretary for
Health, Dr. Kizer, wrote that he personally recommended strong support as a
"matter of equity and fairness" for legislation similar to the Justice for
Atomic Veterans Act which was then proposed by Senator Wellstone.
It is not the fault of veterans that accurate records of their exposure to
ionizing radiation were not kept and maintained. In fact, many veterans have
[been] not been able to obtain their medical records relating to their
exposure during military service despite their best efforts. Records have
been lost and records of radiation-related activities were classified and not
made available to the veterans seeking compensation.
According to Dr. Kizer, "the scientific methodology that is the basis for
adjudicating radiation exposure cases may be sound, the problem is that the
exposure cannot be reliably determined for many individuals, and it never will
be able to be determined in my judgment. Thus, no matter how good the method
is, if the input is not valid then the determination will be suspect."
Our atomic veterans were put in harm's way in the service of our government.
However, our government failed to collect the data and provide the follow-up
that would enable our atomic veterans to effectively pursue claims for the
harm which resulted.
Further, Congresswoman Berkley and I agree with the statement in the 1995
final report of the Advisory Committee on Human Radiation Experiments:
When the nation exposes servicemen and women to
hazardous substances, there is an obligation to keep
appropriate records of both the exposures and the long-
term medical outcomes.
Our Nation failed to keep records on the exposures experienced by our atomic
veterans. Veterans should not suffer for that neglect. Let us right the
injustices visited on our atomic veterans since the days of World War II.
Congress should enact a presumption of service-connection for illnesses which
are likely to be due to radiation risk activity. Our veterans deserve this
simple act of justice.
IT IS AN ABSOLUTE DUTY OF ANYONE READING THIS THAT THEY CONTACT THEIR (AND ANY
OTHER) REPRESENTATIVES TO COSPONSOR THIS BILL SO THAT A HEARING MAY BE
EXPEDITIOUSLY HELD, AND AFTER GOING THROUGH LEGISLATIVE PROCESSES, PROCEED TO
THE PRESIDENT FOR SIGNING.
PAT BROUDY
Legislative Advisor