[Congressional Record Volume 144, Number 106 (Friday, July 31, 1998)]
[Extensions of Remarks]
[Page E1510]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         THE JUSTICE FOR ATOMIC VETERANS ACT OF 1998--H.R. 4368

                                 ______
                                 

                            HON. LANE EVANS

                              of illinois

                    in the house of representatives

                         Friday, July 31, 1998

  Mr. EVANS. Mr. Speaker, today, I am introducing the Justice For 
Atomic Veterans Act of 1998. This legislation will grant a presumption 
of service-connection for illnesses which have been identified as being 
significantly or suggestively increased in persons who have been 
exposed to radiation risk activities to those men and women who, during 
the course of their military service, were subjected to unknown doses 
of radioactive material.
  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 must prove causation by ``dose 
reconstruction estimates'' which many reputable scientists have found 
fatally flawed. By VA estimates, only about 50 veterans have been able 
to show the requisite reconstructed dose to establish service-
connection.
  It is certainly not these veterans who are responsible that accurate 
records of their exposure were not kept and maintained. In addition, 
many veterans have been unsuccessful in obtaining access to even the 
inadequate medical records relating to their exposure during military 
service. In some cases, records have reportedly been lost. In other 
cases, records of radiation-related activities were classified and not 
made available to the veterans seeking compensation. It is also well 
known that many veterans were not provided with adequate protection to 
the radiation exposures to which they were subjected during their 
military service.
  Our atomic veterans were put in harm's way in service to our Nation. 
But our government failed to collect the data and provide the follow-up 
that would enable our atomic veterans to effectively pursue claims for 
the harms which resulted. 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.

  We failed to keep the records of the exposures of our atomic 
veterans. They should not suffer for our neglect. Let us right the 
injustices visited on our atomic veterans since the days of World War 
II. Presumption of service-connection for illnesses which are likely to 
be due to radiation risk activity should be enacted. I thank the 
Members who have agreed to be original cosponsor of this legislation 
and urge all other Members to support this legislation.

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