[Congressional Record Volume 145, Number 48 (Thursday, March 25, 1999)]
[Extensions of Remarks]
[Pages E567-E568]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




               JUSTICE FOR ATOMIC VETERANS ACT--H.R. 1286

                                 ______
                                 

                            HON. LANE EVANS

                              of illinois

                    in the house of representatives

                        Thursday, March 25, 1999

  Mr. EVANS. Mr. Speaker, on behalf on myself and Congresswoman 
Berkley, I am today introducing H.R. 1286 the Justice for Atomic 
Veterans Act. This important legislation provides a presumption of 
service-connection for certain radiation-related illnesses suffered by 
veterans who were exposed during military service to ionizing 
radiation. These veterans include those who participated in atmospheric 
testing of a nuclear device, who participated in the occupation of 
Hiroshima or Nagaski between August 6, 1945 and July 1, 1946 and who 
were interned as prisoners of war in Japan during World War II and were 
therefore exposed to ionizing radiation.
  During their military service, these veterans put their lives and 
health at risk. They were, in most cases, sworn to secrecy concerning 
the nature of their work. They were not provided with adequate 
protection from radiation. the amount of radiation to which they were 
exposed was not measured. Albert ``Smokey'' Parrish, a veteran who 
served at the Nevada test site wrote ``We, the Atomic veterans feel 
like an innocent man in prison for life, and no one will listen to the 
facts of the case.''
  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 for other illnesses veterans must 
prove causation by ``dose reconstruction estimates'' which many 
reputable scientists have found fatally flawed. Because of the 
recognized problems inherent in dose reconstruction, last year, the 
Department of Veterans Affairs Deputy Under Secretary for Health, Dr. 
Kenneth Kizer, wrote that he personally recommended strong support as a 
``matter of equity and fairness'' for legislation similar to the 
Justice for Atomic Veterans Act which was then proposed by Senator 
Wellstone.
  It is not the fault of veterans that accurate records of their 
exposure to ionizing radiation were not kept and maintained. In fact, 
many veterans have been not been able to obtain their medical records 
relating to their exposure during military service despite their best 
efforts. Records have been lost and records of

[[Page E568]]

radiation-related activities were classified and not made available to 
the veterans seeking compensation.
  According to Dr. Kizer, ``the scientific methodology that is the 
basis for adjudicating radiation exposure cases may be sound, the 
problem is that the exposure cannot be reliably determined for many 
individuals, and it never will be able to be determined in my judgment. 
Thus, no matter how good the method is, if the input is not valid then 
the determination will be suspect.''
  Our atomic veterans were put in harm's way in the service of our 
government. However, our government failed to collect the data and 
provide the follow-up that would enable our atomic veterans to 
effectively pursue claims for the harm which resulted.
  Further, Congresswoman Berkley and 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.''
  Our Nation failed to keep records on the exposures experienced by our 
atomic veterans. Veterans should not suffer for that neglect. Let us 
right the injustices visited on our atomic veterans since the days of 
World War II. Congress should enact a presumption of service-connection 
for illnesses which are likely to be due to radiation risk activity. 
Our veterans deserve this simple act of justice.

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