Page Faron, Robert S.: Prepared statement Testimony .......... Prepared statement Haralson, Dale: Testimony Prepared statement, with attachments............... Legarreta, Dorothy: Testimony Ofte, Don: 123 126 62 65 90 93 61 "Let's Not Forget Radiation in the United States," by Richard L. Miller, from the New York Times, June 27, 1986. 132 Letter to Senator Thurmond, from Paul Sweet, director, Federal governmental relations, University of California 135 Welber, Irwin: GOVERNMENT LIABILITY FOR ATOMIC WEAPONS TESTING PROGRAM-S. 2454 AND H.R. 1338 FRIDAY, JUNE 27, 1986 U.S. SENATE, COMMITTEE ON THE JUDICIARY, Washington, DC. The committee met at 10:05 a.m., pursuant to notice, in room SD-226, Dirksen Senate Office Building, Hon. Mitch McConnell (acting chairman) presiding. Also present: Senator Simon. Staff present: Mike Regan, staff counsel; Neil Trautwein, staff assistant; and Mark Contrerras, minority legislative assistant. OPENING STATEMENT OF SENATOR MITCH MCCONNELL Senator MCCONNELL [presiding]. The hearing will come to order. I will be chairing this hearing today on behalf of Chairman Thurmond. I would like to commend him for his leadership in calling this hearing to explore the legal issues surrounding the Feres doctrine and section 1631 of the Department of Defense Authorization Act of 1985. Senator Thurmond may or may not be by, as I indicated earlier, and I will be asking some questions on his behalf of the witnesses that we have here. At this point, without objection, Senator Thurmond's prepared statement will be inserted in the record. [The prepared statement of Senator Thurmond follows:] PREPARED STATEMENT OF CHAIRMAN STROM THURMOND The Senate Judiciary Committee today considers various pending legislation, some of which would repeal Section 1631 of the Department of Defense Authorization Act in 1984 and another which would remove the long standing defenses available to the United States government in such suits. This legislation has been offered in an attempt to provide legal recourse to people exposed to radiation as a result of atomic weapons testing. These are difficult and complex issues which have been the subject of numerous hearings in both Houses of Congress. As a member of the Veterans' Affairs Committee, I am fully aware and deeply sensitive to the broad scope of these issues. The focus of the Judiciary Committee will concentrate on the legislation before us and its impact on the judicial process. Since the passage of Section 1631 there has been concern expressed about the availability of remedies for those who believe they have been exposed to radiation from atomic weapons testing. That amendment provided that government contractors in atomic energy defense programs are instrumentalities of the federal government and, as such, are not subject to suit by private individuals for effects possibly derived from activities associated with the research, development, and testing of nuclear weapons. Many now fear that the rat of the mee the effective denial of an ademate meals posed to radiation. The equation creamed preet me arou We have an excellent and ningured ga i vocesses cearing aire de Committee and I look forward be terry a me motra | tant issue. Senator McCoNyad the committees meeting day a receive | testimony concerning the legal messons suunding the set of veterans and lians who were exposed wang damer and who may be suffering as a rest of t Of particular interesas day we de eviton in the manner in which the site have been handed and respective habtr ities distributed I would the set at the legal issues surrounding this procien are relatively new to me and that I am not here today to make my parar udgment out the relative merita I am here to listen to the story of the fistusted wit nesses and to join my colleagues eriorng the complex issues before the communes today. I do not see my colleagle. Senator Doment yet but I hear that Congressman Boucher is here and I would le a abim forward at this point. Before we take you. Congressman Senator Vzkowski bas a statement which I would like to make part of the record at this point. [The prepared statement of Senator Mozkowski flows. PREPARED STATEMENT OF SENATOR FRANK E MIREWAL Mr. Chairman, there are few issues with evke in hirias such sering views as the possible health effects of ionizing radiation exposure. To say that this issue is a sensitive matter is an aneszze. In the forty years since the first attic weapons ast. Congress has been deeply involved in matters relating to ionizing radiation exposure. Numerous hearings have been held on the historical events surrounding the tests. the research concerning the possible health effects of raciation exposure, and the VA's adjudication of radiation-related benefits claims. Legisiance has been enacted. and extended, to provided specific VA health-care eligibility for veterans exposed to radiation. And two years ago. Congress passed legislation to require the VA to es tablish a uniform claims adjudication process for radiation-related claims. Although the Congress had addressed some of the concerns of these individuals, serious ques tions still remain. Today you are holding hearings on a very specific aspect of this issue the federal government's liability for the possible effects of radiation exposure from participation in the U.S. atomic weapons testing program. I commend you and the members of the Committee for holding today's hearing. As Chairman of the Committee on Veterans' Affairs, I appreciate the opportunity to speak to you about this issue as it relates to our Nation's veterans. As you know, I have been involved for some time with issues relating to veterans who were exposed to ionizing radiation during their participation in the atomic weapons testing program. I held hearings last November to consider the VA's adjudication of radiation-related claims and the impact of section 1631 of the DOD Authorization Act of 1985 on veterans. Based upon the testimony received at the hearings, serious questions have been raised as to whether the VAĂ's claims adjudication process should be the only mechanism available for veterans who seek redress for disabilities they believe to be related to their exposure to ionizing radiation. Though the administrative avenue is an important one and an integral part of the VA's compensation system, I believe that veterans must be afforded the fullest possible opportunity to seek redress. On May 15, I along with my colleagues Senators Simon, Warner, Cranston, DeConcini, and Denton introduced S. 2454 to repeal section 1631 as a vehicle for deliberation on this very important issue. Section 1631 effectively bars judgments on behalf of claiments in suits brought against contractors who par 3 ticipated in the atomic weapons testing program. S. 2454 would restore to individuals the right to seek redress in court for acts or omissions of atomic weapons contractors in carrying out the atomic weapons testing program. Mr. Chairman, S. 2454 raises questions that must be addressed. That is why you have scheduled these hearings-and I appreciate your pursuit of this matter. Based upon the information I have received, I believe the Committee could consider several possible courses of action. First, S. 1631 could be repealed in full or in part. Second, modification could be made to the Federal Tort Claims Act. Third, changes to the "Feres doctrine" could be approved. Fourth, an entirely new and specific alternative system of compensation could be developed. And last, no course of action could be taken at all. I do not presuppose the outcome of the Committee's deliberations on this matter. I believe S. 2454 is an appropriate vehicle for discussion of these most important issues. I would encourage the Committee to consider the legal effect of S. 2454, as well as these other options. The country, the government, and particularly those veterans who participated in the test program would be well served if we could resolve these issues once and for all. I am hopeful that these hearings today will go a long way towards resolving the issue of meaningful access to the Judicial system by individuals exposed to ionizing radiation in connection with U.S. stomic weapons tests. STATEMENT OF HON. RICK BOUCHER, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF VIRGINIA Mr. BOUCHER. Thank you. Senator MCCONNELL. Congressman, we are glad to have you with us. Go right ahead. Mr. BOUCHER. Thank you very much, Mr. Chairman. It is my privilege to appear before this committee today to testify in support of H.R. 1338, which was approved without opposition in the House of Representatives last month, and also in support of S. 2454. Veterans and others who may have sustained injury as a consequence of their participation in the atomic weapons testing program were deprived of their day in court by a 1984 amendment to the fiscal year 1985 Defense Authorization Act. Both H.R. 1338 and S. 2454 are designed to restore that right. The 1984 amendment substituted the United States as a defendant in cases brought against the contractors who actually performed atomic weapons tests. Now, on the surface I would suggest to the committee that that amendment has some intuitive appeal. Senator MCCONNELL. Let me interrupt you for just a second, Congressman. Senator Domenici, why do you not join the Congressman and as soon as he finishes we will go right to you. Go ahead. Mr. BOUCHER. I would suggest to the committee that that amendment on the surface has some intuitive appeal because under the old contractual arrangements that existed between the Federal Government and the atomic weapons testers, the contractors were indemnified for all litigation costs, including the actual expenses of the litigation as well as any settlements or judgments that might be paid because of injuries arising out of the atomic weapons testing program. The 1984 amendment merely eliminated the little man between the injured party and the ultimately financially responsible party. But the amendment, Mr. Chairman, was flawed because as a consequence of its enactment the United States is going to avoid liability for most of the injuries that are suffered. |