[Congressional Record Volume 145, Number 24 (Wednesday, February 10, 1999)]
[Extensions of Remarks]
[Page E189]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




   INTRODUCTION OF LEGISLATION OF ADD BRONCHIOLO--ALVEOLAR PULMONARY 
      CARCINOMA TO SERVICE-CONNECTED LIST OF CANCERS FOR VETERANS

                                 ______
                                 

                       HON. CHRISTOPHER H. SMITH

                             of new jersey

                    in the house of representatives

                      Wednesday, February 10, 1999

  Mr. SMITH of New Jersey. Mr. Speaker, today, I am reintroducing 
legislation that 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.
  The merits of adding bronchiolo-alveolar pulmonary carcinoma to the 
list of cancers that are presumed to be service-connected for veterans 
who were exposed to radiation during their military service were 
pointed out to me in 1986 when I became acquainted with Joan McCarthy, 
a constituent from New Jersey. Mrs. McCarthy has worked tirelessly for 
many years to locate other ``atomic veterans'' and their windows 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 1995 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 the Operation Wigwam test. 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 the airborne products 
of the detonation. The spray from the explosion was described in the 
official government reports as an ``insidious hazard which turned into 
an invisible radioactive aerosol.'' 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 lung cancer which is remarkable given the fact 
that nearly 97 percent of all lung cancers are related to smoking. On 
his deathbed, Tom told Joan, his wife, about his involvement in 
Operation Wigwam and wondered about the fate of the other men who were 
also stationed on the U.S.S. McKinley and on other ships.
  Mr. Speaker, it has been well documented in medical literature 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 (Biological Effects of Ionizing Radiation) 
reports, stating that ``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 the inhalation and 
deposition of alpha-emitting plutonium particles in the lungs.

  Mr. Speaker, the Department of Veterans Affairs has also acknowledged 
the clear linkage between this ailment and radiation exposure. In May 
of 1994, Secretary Jesse Brown wrote to then Chairman Sonny Montgomery 
of the Veterans' Affairs Committee regarding this issue. Secretary 
Brown stated as follows:

       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 the Biological Effects of Ionizing 
     Radiation (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 1995, I met with former Secretary Brown and he assured me 
that the VA would not oppose Congress taking action to add this disease 
to the presumptive list. Notwithstanding this fact, however, the VA has 
repeatedly denied Joan McCarthy's claims for survivor's benefits.
  The VA has claimed in the past that adjudication on a case-by-case 
basis is the appropriate means of resolving these claims. 
Unfortunately, the practical experiences of claimants reveal deep flaws 
in the process used by the VA.
  Mr. Speaker, I believe the widows of our servicemen who participated 
in these nuclear tests deserve better than this. They should not be 
required to meet an impossible standard of proof in order to receive 
DIC benefits, which CBO estimates will cost the government, on average, 
a mere $10 thousand a year for each affected widow.
  As many of my colleagues will remember, this legislation was passed 
on the floor of the House on October 14, 1998 by a vote of 400 to 0. 
Unfortunately, our colleagues in the Senate failed to take up this 
legislation before Congress' adjournment. During the 104th Congress, 
the House passed H.R. 368, identical legislation to the bill we are 
considering today. It too added bronchiolo-alveolar pulmonary carcinoma 
to the list of cancers that are presumed to be service-connected for 
veterans who were exposed to radiation. H.R. 368 was later included as 
part of H.R. 3673, an omnibus veterans' package which passed the House 
on July 16, 1996. Unfortunately, this provision was dropped from the 
final conference report.
  They say that the third time is the charm so I remain hopeful and 
determined that my introduction of this legislation today will result 
in its speedy consideration in the House and approval in the Senate. I 
would also like to thank my colleague, Congressman Lane Evans from 
Illinois, the ranking democrat on the House Veterans' Affairs 
Committee, who is joining me today as an original cosponsor of this 
legislation. His tireless work on behalf of ``atomic veterans,'' and 
those who have suffered as a result of exposure to radiation while 
serving our country is to be commended and I thank him for his support 
of my legislation.

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