[Congressional Record Volume 144, Number 146 (Wednesday, October 14, 1998)]
[House]
[Pages H10849-H10850]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                              {time}  1130
   ADDING BRONCHIOLO-ALVEOLAR CARCINOMA TO LIST OF SERVICE-CONNECTED 
                                DISEASES

  Mr. STUMP. Mr. Speaker, I move to suspend the rules and pass the bill 
(H.R. 559) to amend title 38, United States Code, to add bronchiolo-
alveolar carcinoma to the list of diseases presumed to be service-
connected for certain radiation-exposed veterans.
  The Clerk read as follows:

                                H.R. 559

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. PRESUMPTION THAT BRONCHIOLO-ALVEOLAR CARCINOMA IS 
                   SERVICE-CONNECTED.

       Section 1112(c)(2) of title 38, United States Code, is 
     amended by adding at the end the following new subparagraph:
       ``(P) Bronchiolo-alveolar carcinoma.''.

  The SPEAKER pro tempore (Mr. Gillmor). Pursuant to the rule, the 
gentleman from Arizona (Mr. Stump) and the gentleman from Illinois (Mr. 
Evans) each will control 20 minutes.
  The Chair recognizes the gentleman from Arizona (Mr. Stump).


                             General Leave

  Mr. STUMP. Mr. Speaker, I ask unanimous consent that all Members may 
have 5 legislative days in which to revise and extend their remarks and 
include extraneous material on H.R. 559.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Arizona?
  There was no objection.
  Mr. STUMP. Mr. Speaker, I yield myself such time as I may consume.
  (Mr. STUMP asked and was given permission to revise and extend his 
remarks.)
  Mr. STUMP. Mr. Speaker, H.R. 559 would add bronchiolo-alveolar 
carcinoma to the list of diseases presumed to be service-connected for 
certain radiation-exposed veterans. This disease is a very particular 
type of rare lung cancer occurring among veterans who are exposed to 
ionizing radiation.
  I would like to thank the cosponsor of this bill the gentleman from 
New Jersey (Mr. Smith) who is also vice chairman of the Committee on 
Veterans' Affairs for his persistence in bringing this bill to the 
floor. The House has passed this bill in previous Congresses; however, 
it has never been agreed to by the Senate.
  I would strongly urge my colleagues to vote for the bill at this 
time.
  Mr. Speaker, I reserve the balance of my time.
  Mr. EVANS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 559 which will provide 
a presumption of service-connection for atomic veterans who suffer from 
an extremely rare form of nonsmokers' lung cancer. For those veterans 
who died of this disease, benefits will be made available to their 
surviving dependents.
  I commend the author of this legislation the gentleman from New 
Jersey (Mr. Smith) for his tireless efforts on behalf of these veterans 
and all veterans and their dependents. I also want to thank the 
gentleman from Arizona (Mr. Stump) for bringing this bill to the floor 
today.
  The time to redress these injustices has long since passed. H.R. 559 
will provide justice to a small group of veterans. Congress can and 
should do more to compensate those veterans who sacrificed their health 
and in some cases their lives on behalf of our Nation. I urge all of my 
colleagues to support this measure.
  Mr. Speaker, I reserve the balance of my time.
  Mr. STUMP. Madam Speaker, I yield such time as he may consume to the 
gentleman from New Jersey (Mr. Smith), the vice chairman of the 
Committee on Veterans' Affairs.
  Mr. SMITH of New Jersey. Madam Speaker, let me thank the gentleman

[[Page H10850]]

from Arizona (Mr. Stump) for yielding me this time. There is no one who 
has done more for veterans in this country. I appreciate his working to 
get this legislation to the floor today. I do want to thank the 
gentleman from Illinois (Mr. Evans) for his strong support for this 
legislation.
  Madam Speaker, H.R. 559 would do a very simple thing. It would add a 
rare form of cancer, bronchiolo-alveolar pulmonary carcinoma, to the 
list of cancers that are presumed to be service connected for veterans 
who were exposed to radiation, in accordance with the provisions of 
Public Law 100-321.
  In 1986, Madam Speaker, I became acquainted with Joan McCarthy, a 
constituent from New Jersey. Mrs. McCarthy has worked for many years to 
locate other atomic veterans and their widows and she founded the New 
Jersey Association of Atomic Veterans.
  Joan's husband, Tom McCarthy, was a participant in Operation Wigwam, 
a nuclear test in May of 1955 which involved an underwater detonation 
of a 30-kiloton plutonium bomb in the Pacific Ocean about 500 miles 
southwest of San Diego. Tom served as a navigator on the U.S.S. 
McKinley, one of the ships assigned to observe Operation Wigwam. The 
detonation of the nuclear weapon broke the surface of the water, 
creating a giant wave and bathing the area with a radioactive mist. 
Government reports indicate that the entire test area was awash with 
airborne particulates of the detonation. The spray from the explosion 
was described in the official government reports as, and I quote, an 
insidious hazard which turned into an invisible radioactive aerosol, 
close quote. Tom spent 4 days in this environment while serving aboard 
the U.S.S. McKinley.
  In April of 1981 at the age of 44, Tom McCarthy died of a rare form 
of lung cancer, bronchiolo-alveolar pulmonary carcinoma. This illness 
is a nonsmoking-related cancer. It is estimated that about 97 percent 
of all lung cancers are caused by smoking. On his deathbed Tom told his 
wife Joan about his involvement in Operation Wigwam and wondered about 
the fate of the other men who were stationed on the U.S.S. McKinley and 
other ships in the area.
  Madam Speaker, it has been well documented that exposure to ionizing 
radiation can cause this particular type of lethal cancer. The National 
Research Council cited Department of Energy studies in the BEIR V 
reports, stating that, and I quote, bronchiolo-alveolar carcinoma is 
the most common cause of delayed death from inhaled plutonium 239. The 
BEIR V report notes that this cancer is caused by inhalation and 
deposition of alpha-emitting plutonium particles.
  Madam Speaker, the Department of Veterans Affairs has also 
acknowledged the clear linkage between this ailment and radiation 
exposure. I include that information for the Record at this point.

       The Veterans' Advisory Committee on Environmental Hazards 
     considered the issue of the radiogenicity of bronchiolo-
     alveolar carcinoma and advised me that, in their opinion, 
     this form of lung cancer may be associated with exposure to 
     ionizing radiation. They commented that the association with 
     exposure to ionizing radiation and lung cancer has been 
     strengthened by such evidence as the 1988 report of the 
     United Nations Scientific Committee on the Effects of Atomic 
     Radiation, the 1990 report of the National Academy of 
     Sciences' Committee on the Biological Effects of Ionizing 
     Radiations (the BEIR V Report), and the 1991 report of the 
     International Committee on Radiation Protection. The Advisory 
     Committee went on to state that when it had recommended that 
     lung cancer be accepted as a radiogenic cancer, it was 
     intended to include most forms of lung cancer, including 
     bronchiolo-alveolar carcinoma.

  Back in 1985, Madam Speaker, I met with former Secretary Brown of the 
VA and he assured me that the VA would not oppose Congress taking 
action to add this disease to the presumptive list. Notwithstanding 
this fact, the VA continues to deny Joan McCarthy's claim for 
survivor's benefits, a clear outrage and I think a miscarriage of 
justice.
  Finally, just let me say that CBO estimates that this will cost the 
government on average about $10,000 a year for each affected widow. CBO 
estimates that the cost will be approximately $13.5 million over a 5-
year period. I do hope that this legislation will get the full support 
of the body. While nothing can replace their loved ones, these widows 
deserve this very small compensation--it is the least we can do.
  Mr. STUMP. Madam Speaker, I yield 2 minutes to the gentleman from New 
York (Mr. Gilman), the chairman of the Committee on International 
Relations.
  (Mr. GILMAN asked and was given permission to revise and extend his 
remarks.)
  Mr. GILMAN. Madam Speaker, I would like to commend the distinguished 
chairman of our Committee on Veterans' Affairs the gentleman from 
Arizona (Mr. Stump) and the ranking Democratic member the gentleman 
from Illinois (Mr. Evans) for their cooperation in bringing this bill 
to the floor at this time. I want to commend the gentleman from New 
Jersey (Mr. Smith) for taking on this issue. We cannot do enough for 
our veterans. Where we have specific diseases that have been related to 
their service on behalf of our Nation, we must do whatever we can to 
make certain that they are going to be taken care of.

                              {time}  1145

  H.R. 559 in adding bronchiolo-alveolar carcinoma to the list of 
diseases presumed to be service connected for certain radiation exposed 
veterans is an issue that deserves our consideration today, and I 
welcome this opportunity of participating in this legislation that will 
help a veteran who has been exposed to radiation of this kind in 
connection with his service, and we must examine all cases of this 
nature to make certain that our veterans are going to be properly taken 
care of, and I know that our Committee on Veterans' Affairs under the 
Chair of the gentleman from Arizona (Mr. Stump) goes out of its way to 
make certain that we do not neglect our veterans, and for that I 
commend him.
  Mr. RODRIGUEZ. Mr. Speaker, I rise in strong support of H.R. 559, a 
bill which is long overdue. This bill represents one step for Congress 
to correct an injustice against some of our nation's veterans. By 
designating this rare lung disease as a service-connected illness, we 
can open the door to just compensation for those veterans with 
unexplained illnesses brought about from their service to our nation.
  Radiation exposure is common among our troops. As we have seen in the 
aftermath of the Gulf War, thousands of our veterans continue to 
languish with unexplained illnesses which the DOD and VA are unable to 
designate as compensable diseases. Even with evidence that these 
illnesses could come from nowhere else but military service, our 
government has dropped the ball.
  Mr. Speaker, passage of H.R. 559 will bring relief to the hundreds of 
veterans who suffer from this disease. On top of that, H.R. 559 should 
help usher in broader legislation to compensate the thousands of 
veterans who suffer from illnesses caused by exposure to radiation 
while in the service.
  Mr. STUMP. Madam Speaker, I have no further speakers.
  Mr. EVANS. Madam Speaker, I yield back the balance of my time.
  Mr. STUMP. Madam Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mrs. Emerson). The question is on the motion 
offered by the gentleman from Arizona (Mr. Stump) that the House 
suspend the rules and pass the bill, H.R. 559.
  The question was taken.
  Mr. SMITH of New Jersey. Mr. Speaker, on that I demand the yeas and 
nays.
  The yeas and nays were ordered.
  The SPEAKER pro tempore. Pursuant to clause 5 of rule I and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.

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