[Congressional Record Volume 141, Number 2 (Thursday, January 5, 1995)]
[Extensions of Remarks]
[Pages E45-E46]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


                BRONCHIO-ALVEOLAR CARCINOMA LEGISLATION

                                 ______


                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                       Wednesday, January 4, 1995
  Mr. SMITH of New Jersey. Mr. Speaker, today I have introduced 
legislation that will 
[[Page E46]] add bronchio-alveolar carcinoma to the list of diseases 
which the VA presumes to be service connected. This bill is identical 
to legislation I offered last year (H.R. 4156).
  Bronchio-alveolar carcinoma is a rare form of nonsmokers' lung cancer 
which strikes otherwise healthy individuals for no known reason. In 
1981, it took the life of Thomas McCarthy, a veteran who was a 
navigator aboard the U.S.S. McKinley during his time in the U.S. Navy 
in the 1950's.
  In 1955, the McKinley was one of several ships to take part in 
Operation Wigwam, a secret Navy experiment which tested the effects of 
an atomic detonation under the ocean floor. The blast produced a mist 
which enveloped the ships on mission and their crewmen. The Navy 
refused to even acknowledge the test until 1979, and they still refuse 
to make public the dangers that the mist produced.
  After Mr. McCarthy's death, his widow Joan applied for benefits 
through the VA. Unfortunately, she was consistently turned down despite 
the plethora of information she continued to unearth which confirmed 
that her husband's death was a direct result of his service connection.
  I became involved with Mrs. McCarthy's case in 1986 and have been 
trying to persuade the VA to administratively include bronchio-alveolar 
carcinoma on the presumed service-connected list. Unfortunately, these 
requests have been rebuffed. I have been told that the only way to get 
this done is through legislation.
  Last year, VA Secretary Jesse Brown promised me that the Department 
will support my efforts to pass this legislation. With Secretary 
Brown's help and as vice chairman of the Veterans Affairs Committee, I 
will be working with my colleagues on the committee to ensure that the 
bill is brought up quickly and passed.
  We have held hearings on this matter. I have met personally with 
Secretary Brown to urge action. The time for talking and debating is 
over. It is clear that this matter needs to be resolved and the time 
for action is now.
  Joan McCarthy, and the few other veterans who suffer from this 
mysterious cancer and their families, deserve justice. I urge all my 
colleagues to strongly support this measure.


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