From: LRi7797875@aol.com
Date: Sun, 8 Aug 1999
Subject: Senator Hatch's letter to Clinton
To: pdxavets@aracnet.com
Keith, we heard about this on the local news last night. Didn't know if you
were aware of it or not.
Issac Riches
INTRODUCTION OF S. 1515, THE RADIATION EXPOSURE COMPENSATION ACT AMENDMENTS
OF 1999
Mr. President, I rise to introduce the "Radiation Exposure Compensation Act
Amendments of 1999," known as RECAA 1999. I am pleased to be joined by
Senator Ben Nighthorse Campbell; the distinguished Senate Minority Leader,
Senator Tom Daschle; Senator Jeff Bingaman; and Senator Pete Domenici in
introducing this legislation.
These long awaited amendments will ensure that the United States government
meets its responsibility to provide fair and compassionate compensation to
the thousands of individuals adversely affected by the mining of uranium and
from fallout during the testing of nuclear weapons in the early post-war
years. These citizens helped our nation during the Cold War and we must not
forget them.
In 1990, the Radiation Exposure Compensation Act (42 U.S.C. 2210) was
enacted. RECA, which I was proud to sponsor, affirmed the responsibility of
the federal government to compensate individuals who were harmed by the
radioactive fallout from atomic testing, for which the government took few
precautions to ensure safety. Additionally, workers who have suffered
long-term health problems because they were not adequately informed of the
dangers faced during uranium mining were eligible for compensation under the
act.
Administered through the Department of Justice, RECA has been responsible for
compensating approximately 6,000 individuals for their injuries, but we can
and should help a lot more. While the passage of the 1990 law was a
momentous event, I have been carefully monitoring the implementation of the
RECA program.
I am disturbed over numerous reports from my Utah constituents concerning the
burdensome process of filing claims with the Department of Justice. One
complaint which I hear far too often is "that it is easier to compensate a
dead miner, than one living with disease." We cannot let this injustice
continue. We have drafted the RECA Amendments of 1999 in response to these
concerns.
We should not add a bureaucratic nightmare to the burden of disease and
ill-health already carried by these citizens. Moreover, excessive regulatory
hurdles have made it too difficult for some deserving individuals to be
fairly compensated under the Act. We must streamline and speed up the
application process. In addition, advances in our medical knowledge compel
us to modify the 1990 Act to define better criteria for compensation and to
include diseases that we now know have radiogenic causes.
Let me explain how this bill was developed. RECA originally defined a list
of 13 compensable diseases based upon the 1988 Radiation Exposed Veterans
Compensation Act and the findings of the 1980 report of the Committee on the
Biological Effects of Ionizing Radiations (BEIR-III). In 1992, REVCA was
amended based upon the findings of an updated BEIR-IV and -V Reports which
defined a host of cancers that are considered for disability compensation due
to radiation exposure.
In addition, the report of the President's Advisory Committee on Human
Radiation Experiments, released in 1995, provides further scientific evidence
for changes in the 1990 RECA law. The Committee reviewed 125 current studies
and more than 200 public witnesses in evaluating the risks and diseases
caused by exposure to radiation conducted in the Cold War period. The
conclusions of the advisory committee report support the reduction in
radiation level exposure, the elimination of distinction between smokers and
nonsmokers for lung cancer, and the inclusion of other radiogenic diseases.
Based on the evidence in both the President's Advisory Committee and the
BEIR-V Committee Reports, we have extended the number of eligible radiogenic
pathologies by six to include: lung, brain, colon, ovary, bladder, and
salivary gland cancers. In addition, specific non-cancer diseases, such as
silicosis, have been incorporated. Adding these diseases, which have been
documented by science as linked to radiation exposure, will more fairly
compensate our fellow citizens who were exposed to this danger so long ago.
With the inclusion of these modifications, miners, millers, and uranium ore
transporters will be eligible in 11 western states to seek equitable
compensation for their sacrifice in our nation's effort to produce our
nuclear defense arsenal. I have worked with Senators Daschle, Campbell, and
Bingaman in reviewing Atomic Energy Commission records to document the
uranium/vanadium mines supported by the U.S. government during and after the
Manhattan Project. Eleven western states were found to have mines dating
from 1947 through 1970 from which the U.S. government purchased radioactive
ore.
Furthermore, uranium mills in these areas testify to the need to include
millers who were exposed to radioactive decay without the benefit of state or
government-instituted safety precautions. The report "Raw Materials
Activities of the Manhattan Project on the Colorado Plateau," by William
Chenoweth, a noted geologist, documents the tragedies of exposure endured by
miners, millers, and ore transporters as they extracted, prepared and moved
the radioactive ore for use in the nuclear arsenal. These changes would
enable an estimated 6,000 individuals harmed by exposure to uranium radiation
to seek compensation.
Of the thousands affected by radiation exposure, many of the downwinders,
miners and millers were members of Indian tribes. Particularly noteworthy
was the large number of U.S. atomic energy mines on Native American
reservations. Many of these miners were not aware of the dangers that
radiation exposure can cause, and the government did little to inform them
of the risks. After RECA 1990 was passed into law, many complications have
hindered members of Indian tribes from seeking their compensation. In
working with the members of the Navajo Nation and other Native American
tribes, we have developed legislation that largely addresses their concerns.
The bill also instructs the Attorney General to take into account and make
appropriate allowances for the laws, traditions, and customs of Indian
tribes.
Finally, my bill also contains a grant program designed to provide for the
early detection, prevention and education on radiogenic diseases. These
programs will screen for the early warning signs of cancer, provide medical
referrals, educate individuals on radiogenic cancers as well as prevention,
and facilitate documentation of RECA claims. These grants will be available
to a wide range of health care providers including: cancer centers,
hospitals, Veterans Affairs medical centers, community health centers, and
state departments of health.
Some may question the cost of our legislation. Let me set the record
straight. The Congressional Budget Office estimates that the bill will cost
close to $1 billion over the next 21 years. That averages out to just over
$47 million a year. This estimate is significantly lower than other
proposals that have been considered by Congress over the past several years.
Ours is, I believe, a common sense approach that keeps to the intent of the
original statute.
But, Mr. President, in considering the cost, it is important to remember what
prompted the original statute. What justified this compensation program in
the first place? The answer is that the federal government during the early
years of the atomic testing program, exposed American citizens - our
neighbors - to deadly nuclear fallout. Knowing that there would be adverse
effects of exposure to fallout, the government exploded these bombs so that
the fallout would blow "downwind" of the more heavily populated cities.
There was no warning or instruction about minimizing exposure for the
citizens in these rural areas. In my view, Mr. President, this bill is only
fair and just. If we fail to provide even basic compensation for the
hardships they have endured, we will still be taking them for granted.
I ask my colleagues to join me and Senators Daschle, Campbell, Bingaman, and
Domenici in meeting our nation's commitment to the thousands of individuals
who were victims of radiation exposure while supporting our country's
national defense. I believe we have an obligation to care for those who were
injured, especially since, at the time, they were not adequately warned about
the potential health hazards involved with their work. Now is our chance to
compensate these men and women for their injuries. I urge my colleagues to
support these Americans by cosponsoring the Radiation Exposure Compensation
Act Amendments of 1999.
Office of Senator Orrin Hatch
131 Russell Senate Office Building - Washington, DC 20510
(202) 224-5251
senator_hatch@hatch.senate.gov
Isaac Riches
LRi7797875@aol.com
Keith Whittle
August 7, 1998
[ Operation Tumbler-Snapper ]