October 7, 1998

Contact: Jeanne Lopatto, 202/224-5225

STATEMENT OF SEN. ORRIN HATCH
BEFORE THE SENATE JUDICIARY COMMITTEE
HEARING ON THE RADIATION EXPOSURE COMPENSATION ACT

In 1997, the Department of Justice proposed amendments to the Radiation Exposure Compensation Act (RECA), a 1990 law I was proud to play a role in drafting.

Enactment of RECA culminated more than a decade of efforts to compensate what some have termed “the forgotten victims of the Cold War” -- civilians whose health was put at risk to serve the national security of the United States.

Under RECA, the Government recognized and assumed responsibility for partial restitution to individuals who were made ill by the defense establishment’s above ground nuclear testing in the 1950s and 1960s.

We based the law on epidemiological studies which indicated that the fallout exposed those living “downwind” from the tests to ionizing radiations that caused an excess of cancers in several Western States.

This has been a tremendously important law for families in parts of Utah, Nevada, Colorado, New Mexico, Arizona, and Wyoming. It has provided at least a small measure of compensation to civilians who incurred certain cancers as a result of their exposure to nuclear fallout from open-air bomb tests or from occupational exposure to uranium in mines.

Many of the uranium miners who were exposed to radiation were Native Americans, principally members of the Navajo Nation, for whom our country has an especial trust obligation.

Passage of RECA was a hard-won victory, only made possible by the sincere efforts of many dedicated individuals, some of whom are here today.

Indeed, the need for legislation became imperative after the courts repeatedly rejected claims, finding in favor of the government under the doctrine of sovereign immunity. In 1985, the 9th Circuit Court of Appeals said, “This is the type of case that cries out for redress, but the courts are not able to give it. Congress is the appropriate source.”

Our purpose today, is to examine several proposals to improve the Act, so that we can develop consensus on a bill which can be enacted in short order.

We will hear first hand from national experts in radiation illness, program participants, and the agency administering RECA.

The Department’s proposed amendments, which Senator Campbell and I intend to use as the basis for legislation which can be enacted on a priority basis, were developed after serious study of the program.

In drafting the proposed changes, the Department of Justice used the report of President’s Advisory Committee on Human Radiation Experimentation, an interagency expert panel review of the provisions related to uranium miners, and, indeed, the agency’s experiences in administering the program.

In addition to the Justice Department’s draft bill, several legislative proposals have been introduced, and this Committee will give all serious consideration. However, it is only fair to note the substantial constraints -- both scientific and budgetary -- which will necessarily limit the program revisions which can be achieved.

The need for amendment to the law, however, is without controversy.

In its letter transmitting the RECA amendments to Congress, the Justice Department noted that a number of provisions have caused claimants undue hardship.

Justice also noted that leading scientists at the National Cancer Institute had found that the list of compensable diseases was no longer comprehensive and that some of the life-style conditions that currently preclude recovery for an otherwise compensable disease are no longer accurate. For example, scientific experts now feel that a claimant suffering from catastrophic pancreatic cancer should not be excluded if he or she had used alcohol and coffee.

This afternoon, we will hear from Representative Bill Redmond, and Senator Jeff Bingaman, both of whom have worked tirelessly to improve RECA and who have introduced amendments to the Act.

Senator Campbell and I have also circulated draft legislation based on new scientific information provided in BEIR V and BEIR VI, the President’s Commission, consultation with experts and the experience of victims and those assisting them with their claims.

In summary our draft bill adds six new compensable cancers felt by experts to be radiogenic, that is caused by radiation. These cancers are salivary gland, urinary bladder, brain, colon, ovary, and chronic lymphocytic leukemia.

Our bill would also reduce the required level of radiation exposure to that which doubles the risk of developing a radiogenic cancer. It eliminates, as recommend by the DoJ, the loss of eligibility for other habits such as smoking and coffee use. It also updates the acceptable proof of a compensable disease.

In addition, it is our intention to add a strong component which would provide for cancer prevention and education, to include screening, in the affected areas. This is an idea which was suggested to us by several Utah program participants and cancer specialists, and I we believe it will be a strong addition to the program which makes a good deal of sense.

After we hear from the two members of Congress, we will turn to our two government experts: Deputy Assistant Attorney General Donald Remy, who is extremely knowledgeable about program implementation and operational services; and Dr. John Samet, a scientific expert from Johns Hopkins University who served as Chair of the government study, the Biological Effects of Ionizing Radiation, commonly referred to as BEIR VI.

For our last panel, we are fortunate to have Mrs. Gayle Dawne Staheli Hanig from Washington, Utah, who will relate the experiences of her family in trying to secure compensation. We will also hear from Mr. Phillip Harrison, Jr., who represents the Navajo uranium workers whose special circumstances must be recognized in any legislation. Finally, we will hear from Ms. Becky Rockwell, a private investigator, whose testimony will detail problems that claimants have in providing the required documentation to the DoJ.

We look forward to hearing the testimony of our witness and to working closely with each and every one of you as Senator Campbell and I continue our efforts to see important these revisions enacted on a priority basis.