Presidential Commission on Catastrophic Nuclear Accidents.
1990. Report to the Congress from the Presidential Commission
on Catastrophic Nuclear Accidents Volume l: E1-E2.



APPENDIX E
Atomic Veterans Legislation

On May 20, 1988, the Radiation-Exposed Veterans Compensation
Act of 1988 was approved by the President.1 Subsection 38 USC 
312(c)(l), added by the Veteran's Act, creates a presumption
that certain diseases1 that become manifest in a
radiation.exposed veteran within a specified presumption
period shall be considered to have been incurred in or
aggravated during the veteran's service on active duly.
notwithstanding that there was no record evidence of the
disease during active service, thus making the veteran or his
or her survivors eligible for certain benefits.

"Radiation-exposed veteran" is defined as one who, while on
active duty, participated in one of the following:

	-	Onsite participation In an atmospheric nuclear
device test;

	-	The occupation of Hiroshima or Nagasaki, Japan,
during the period August 6, 1945-July l, 1946; or

	-	Internment as a prisoner of war in Japan (or
service on active duty in Japan immediately
following such internment) during World War II that
resulted in an opportunity for exposure comparable
to the Hiroshima/Nagasaki veterans referred to
above.

The presumption period (i.e., maximum latency allowed period)
is 40 years from the last day of participation in one of the
activities listed above, except in the case of covered
leukemias, as to which it is 30 years.

The legislative history of the Veteran's Act' Indicates that
there was little scientific evidence to support the
legislation - the only excels cancer mortalities noted in the
affected groups were leukemias among atmospheric weapons test
participants. Nonetheless, the House Veterans' Affairs
Committee concluded that there was a lack of definitive
exposure data, and decided to concentrate on the likelihood of
association between cancers and radiation exposures. The 
legislation thus included those malignancies considered most 
closely related to ionizing radiation exposure.4	

An extensive letter of comments on the proposed legislation
was provided by the Veteran's Administrations5  In essence,
the VA took the position that the presumptions were not
warranted by any scientific evidence and were over inclusive
and inequitable.

VA estimated the service-connected cancers at 10 in the
affected group, while the total expected cancers, absent the
radiation exposure In question, was said to be 32,000. VA thus
posed the question whether all 32,010 cancers should be
compensated to assure the possible excess 10 would be
covered.6 Although the Committee apparently made technical
changes in the bill in response to some of the specific points
In the VA comments, it is clear that the Committee's overall
answer to this question was "yes."

In signing the bill (11.R. 1811), the President was at pains
to point out that

	Enactment of this legislation does not represent a
judgment that service-related radiation exposure of
veterans covered by the Act in fact caused any disease,
nor does In represent endorsement of a principle of
permitting veterans to receive benefits funded through
veterans programs which bear no relationship to their
former military service.

	Instead, the Act gives due recognition for the unusual
service rendered by Americans who participated in military 
activities Involving exposure to radiation generated by the 
detonation of atomic explosives. The Nation is grateful for 
their special service and enactment of H.R. 1811 makes clear 
the Nation's continuing concern for their welfare.7

	A witness from the Veteran's Administration presented
data to the Commission on that agency's radiation
exposure-based claims experience.8



__________________________
1	P.LC 100-321, amending 38 USC 312.  The bill (H.R. 1811)
had been passed by the House on July 28, 1987; a slightly
different version was passed by The Senate on April 25,
1988. The House concurred in the Senate amendments on May
2, 1988.
			
2	The diseases to which the presumption applies are:

	Leukemia (other than chronic lymphocytic leukemia);
Cancer of the thyroid, breast, pharynx. esophagus,
stomach, small intestine, pancreas bile ducts, and gall
bladder; Multiple myeloma; Lymphomas (except Hodgkin's
disease); and Primary liver cancer (except if cirrhosis
or hepatitis B is indicated). By way of comparison the
cancer: covered in the NIH tables are leukemia, salivary
glands. bone, esophagus. stomach, colon, liver, pancreas.
lung, female breast, kidney/bladder, and thyroid.

3	The legislative history consists of a July 23, 1987
Report of the House Veteran's Affairs Committee (H. Rep.
100-235); there was no Senate committee report.


4	House Report 100-235, supra, pp. 3-5.

5	Letter from Thomas K. Turnage, Administrator of Veteran's
Affair: to Hon. G. V. Montgomery, Chairman, House
Committee on Veteran's Affair:, June 25, 1987, appended
to House Report 100-235, supra, pp. 8-12.

6	H. Rep. 110-235 at 9-10.

7	724 Weekly Compilation of Presidential Documents 641, May
23, 1988.

8	Jack Thompson, Assistant General Counsel. Department of
Veteran's Affairs. Meeting Transcript, Jan. 11, 1990, pp.
200-202, 206-207.

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