Mr. Speaker, I rise today to place in the Record a resolution passed by the Guam Legislature which petitions the United States Congress to amend the Radiation Exposure Compensation Act of 1990 to include Guam in the jurisdictions covered…
Mr. Speaker, I rise today to place in the Record a resolution passed by the Guam Legislature which petitions the United States Congress to amend the Radiation Exposure Compensation Act of 1990 to include Guam in the jurisdictions covered by the Act.
The aforementioned Act, Public Law 101-426, calls for the compensation to be paid to the people of areas where they may have been exposed to hazardous materials as a result of the detonation of nuclear weapons. While those areas that were most obviously affected by nuclear testing have been compensated, recent evidence shows that the effects of these nuclear tests were more widespread than originally thought. Most specifically, the people of my island, Guam, were affected by these events, and it is of paramount importance that this problem be addressed. As the resolution states, Guam was affected by wind borne radiation and by the scrubbing of radiated vessels in Guam's harbors.
In the coming days, I will work towards the introduction of legislation that will extend Public Law 101-426 to include the people of Guam. Such legislation is a much needed action to compensate for allowing nuclear waste to contaminate areas in the Western Pacific. I look to my colleagues for their assistance and understanding in rectifying the impact of nuclear testing in the region.
Resolution No. 30 (LS)
Whereas, the United States conducted testing of atomic
nuclear weapons on Enewetak and Bikini Atolls in the Marshall
Islands, from 1946 to 1958. A total of sixty-seven (67)
atomic and thermonuclear bombs were detonated which resulted
in fallout across a wide area of the Pacific. Continental
United States residents exposed to radiation resulting from
the nuclear weapons testing subsequently developed serious
diseases, including various types of cancer. On October 1990,
in order to establish a procedure to make partial restitution
to radiation exposure victims for their suffering, President
George H. Bush signed into law the Radiation Exposure
Compensation Act (RECA). RECA established the Radiation
Exposure Compensation Program (RECP) within the Civil
Division of the Department of justice to administer its
responsibilities under the Act. In April 1992, RECP began
processing claims. RECA was amended several times, most
recently on July 10, 2000, when President William Jefferson
Clinton signed into law the Radiation Exposure Compensation
Act Amendments of 2000. The 2000 amendments further broaden
the scope of eligibility for benefits coverage to include new
victim categories and modify the criteria for determining
eligibility for compensation; and
Whereas, RECA establishes a procedure to make partial
restitution to individuals who contracted serious diseases,
such as certain types of cancers, presumably resulting from
their exposure to radiation from aboveground nuclear tests or
as a result of their employment in uranium mines. The law
established five (5) claimant categories--uranium miners,
uranium millers, ore transporters, ``downwinders'' (those who
were located downwind from aboveground nuclear weapons tests
conducted at the Nevada test sites) and onsite participants
(those who actually participated onsite); and
Whereas, as enacted, the law broadens the population
covered by the Radiation Exposure Compensation Act, which
authorizes monetary compensation to individuals who were
present, or nearby when nuclear weapons tests were conducted
at the Nevada Test Site or who worked in uranium mines, and
later developed certain diseases; adds more qualifying
occupations relating to uranium production; increases the
number of states covered and extends the time period
considered for radiation exposure; adds more diseases which
may qualify individuals for compensation; decreases the level
of radiation exposure that is necessary to qualify; makes
certain that the medical criteria is less stringent for
potential claimants; and
Whereas, nuclear tests that the United States Government
conducted in the Marshall Islands from 1946 until 1968 have
led to increased levels of radiation in some of the islands
of Micronesia; and
Whereas, such increased levels of radiation may have led to
serious health and other environmental problems for life in
such areas; and
Whereas, Guam is approximately one thousand two-hundred
(1200) miles directly west of the test sites; and
Whereas, the Atomic Energy Commission detonated sixty-seven
(67) nuclear devices with a total yield of one hundred eight
thousand four hundred ninety-two point two (108,492.2)
kilotons in or around the Marshall Islands; and
Whereas, there were ten (10) detonations that had the yield
necessary (one (1) megaton) to project material from the
center of the explosion to the height of between twelve (12)
to fifty-five (55) miles, and into the jet-stream; and
Whereas, the jet-stream travels generally westward from the
Marshall Islands carrying the radioactive material as fine as
dust particles; these particles collected ice crystals at
high altitudes and descended as cloud condensation. This
process is known as the scavenging effect; and
Whereas, the material drops to land surfaces and enters the
food and water supply consumed by the local population; and
Whereas, reports from the United States Navy indicated that
they had full knowledge and did not warn or help the local
population; and
Whereas, ships present during the nuclear testing were
decontaminated in Guam harbors with acidic detergents and the
runoff from these operations went directly in the local
fishing and reef environments; and
Whereas, the United States Navy performed radio ecological
studies on the surface water in and around the island of Guam
and found a major peak of radioactive contamination in 1959;
and
Whereas, the Lawrence Livermore National Laboratory, for
the United States Department of Energy, performed radio
ecological testing on Guam beginning in 1968 and ending in
1974, to study potential radiation effects on the local
population; and
Whereas, numerous other radio ecological studies were
performed by government agencies, the United States military,
and various research institutions from 1946 until 1974 to
study Guam's environment and actual and potential radiation
effects on the local population; and
Whereas, according to requirements set forth by the
Radiation Exposure Compensation Act, the island of Guam
should qualify as a jurisdiction and its population should be
recognized as victims of radiation exposure from nuclear
weapons testing and associated clean-up activities (see
Appendix I listing the declassified documents pertaining to
and indicating Guam's exposure to radioactive
isotopes as a result of the Atomic Energy Commission nuclear
weapon tests in the Marshall Islands); now therefore, be it
Resolved, That I Mina'Bente Siete Na Liheslaturan Guahan
does hereby, on behalf of the people of Guam, petition the
United States Congress to amend the ``Radiation Exposure
Compensation Act of 1990'', Public Law 101-426, as amended by
Public Law 101-510, Sec. 3139 (42 U.S.C. 2210) and Public Law
106-245; to include Guam in the jurisdictions (downwinders/
onsite participants) covered by the Act; and be it further
Resolved, That the affected population previously and
currently on Guam (those residing who have been exposed to
radiation resulting from the Atomic Energy Commission tests
in the Marshall Islands) be recognized as being
``downwinders'' of such tests; and be it further
Resolved, That those persons involved in the actual testing
and clean-up activities of such atomic weapons tests be
recognized as ``on-site participants'' and/or ``downwinders''
depending on their exposure as defined by RECA; and be it
further
Resolved, That the Speaker certify, and the Legislative
Secretary attests to, the adoption hereof and that copies of
the same be thereafter transmitted to the Honorable Senator
Orrin G. Hatch, Chairman, Committee on the Judiciary, United
States Senate; to the Honorable Senator Patrick J. Leahy,
Ranking Member, Committee on the Judiciary, United States
Senate; to the Honorable Senator Judd Gregg, Chairman,
Committee on Health, Education, Labor, and Pensions, United
States Senate; to the Honorable Senator Edward M. Kennedy,
Ranking Member, Committee on Health, Education, Labor, and
Pensions, United States Senate; to the Honorable Senator
Daniel K. Akaka, United States Senate; to the Honorable
Congressman F. James Sensenbrenner, Jr., Chairman, Committee
on the Judiciary, United States House of Representatives; to
the Honorable Congressman John Conyers, Jr., Ranking Member,
Committee on the Judiciary, United States House of
Representatives; to the Honorable Congressman W.G. ``Billy''
Tauzin, Chairman, Committee on Energy and Commerce, United
States House of Representatives; to the Honorable Congressman
John D. Dingell, Ranking Member, Committee on Energy and
Commerce, United States House of Representatives; to the
Honorable Congressman Neil Abercrombie, United States House
of Representatives; to Mr. William A. Harper, National
Commander, National Association of Atomic Veterans; to Mr.
Charlie Clark, Hawaii State Commander, National Association
of Atomic Veterans; to all the State and Area Commanders of
the National Association of Atomic Veterans; to Mr. Robert
Celestial, Guam atomic veteran; to the Honorable Angel L.G.
Santos, former Senator of I Mina'Bente Sais Na Liheslaturan
Guahan; to the Honorable George Herbert Walker Bush, former
President of the United States of America; to the Honorable
William Jefferson Clinton, former President of the United
States of America; to the Honorable George W. Bush, President
of the United States of America; to the Honorable Madeleine
Z. Bordallo, Member of Congress, U.S. House of
Representatives; and to the Honorable Felix P. Camacho, I
Maga'lahen Guahan.