B-196841 L/M, FEB 20, 1980

B-196841 L/M, FEB 20, 1980

PRECIS-UNAVAILABLE

ABRAHAM RIBICOFF, UNITED STATES SENATE:

PURSUANT TO YOUR REQUEST OF JANUARY 9, 1980, WE ARE PROVIDING COMMENTS ON SENATE BILL 1938, 96TH CONGRESS.

AS I STATED IN TESTIMONY BEFORE YOUR SUBCOMMITTEE ON ENERGY, NUCLEAR PROLIFERATION AND FEDERAL SERVICES ON DECEMBER 4, 1979, WE STRONGLY SUPPORT THE INTENT OF S. 1938, WHICH WOULD SEEK TO ENSURE ADEQUATE PROTECTION OF WORKERS, THE GENERAL PUBLIC, AND THE ENVIRONMENT FROM HARMFUL RADIATION EXPOSURE.

AS YOU KNOW, THE RADIATION POLICY COUNCIL AND THE INTERAGENCY RADIATION RESEARCH COMMITTEE, PROPOSED BY THE PRESIDENT, WOULD PERFORM MANY OF THE SAME DUTIES THAT S. 1938 PROPOSES FOR THE FEDERAL COUNCIL ON RADIATION PROTECTION (COUNCIL) AND THE FEDERAL CONFERENCE ON RESEARCH INTO THE BIOLOGICAL EFFECTS OF IONIZING RADIATION (CONFERENCE). HOWEVER, WE BELIEVE THAT ESTABLISHING SUCH ORGANIZATIONS BY LEGISLATION, RATHER THAN EXECUTIVE ORDER IS MORE DESIRABLE.

WE HAVE THE FOLLOWING COMMENTS REGARDING THE SPECIFICS OF THE BILL.

SECTIONS 101(A)(1) AND 201(A)(1) PROVIDE FOR PUBLIC MEMBERS ON THE COUNCIL AND CONFERENCE. WE BELIEVE THAT, BECAUSE OF THE SUBSTANTIAL STATE INVOLVEMENT IN RADIATION PROTECTION, THERE SHOULD BE PROVISION FOR STATE MEMBERS IN ADDITION TO PUBLIC MEMBERS.

WE SUGGEST DELETING THE REQUIREMENTS TO REPLACE ONE OF THE PUBLIC MEMBERS AT THE END OF 4 YEARS AS PROVIDED UNDER SECTIONS 101(B)(2) AND 201(B)(2) SINCE THE REORGANIZATION PLAN MUST BE SUBMITTED BY JULY 1985. IT IS QUESTIONABLE THAT AN EFFECTIVE CONTRIBUTION CAN BE MADE BY THE NEW MEMBERS DURING THE FINAL YEAR.

IN ADDITION, THE COMMITTEE MAY WANT TO RECONSIDER THE BALANCE OF MEMBERSHIP IN THE CONFERENCE. FIFTEEN MEMBERS MAY BE TOO MANY TO ADDRESS THE IMPORTANT RESEARCH ISSUES IN AN EFFECTIVE AND TIMELY MANNER. ALSO, 4 OF THE 15 MEMBERS ARE FROM THE DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE (NOW DEPARTMENT OF HEALTH AND HUMAN SERVICES) OR ITS AGENCIES, WHILE THE DEPARTMENT OF ENERGY, WHICH CURRENTLY FUNDS 69 PERCENT OF THE TOTAL RADIATION RESEARCH, HAS ONLY ONE MEMBER. THE DEPARTMENT OF COMMERCE AND THE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION DO NOT HAVE RESEARCH PROGRAMS ON THE EFFECTS OF IONIZING RADIATION.

WHETHER THE MEMBERSHIP OF THE COUNCIL AND CONFERENCE ARE RETAINED AS STATED IN THE PROPOSED LEGISLATION OR CHANGED TO REFLECT OUR COMMENTS, WE BELIEVE THE NUMBER CONSTITUTING A QUORUM SHOULD BE ONE MORE THAN HALF THE TOTAL MEMBERSHIP AND NOT SIX AS PROVIDED FOR IN SECTIONS 101(D) AND 201(D). IN THIS WAY, A QUORUM WOULD REPRESENT A MAJORITY OF THE MEMBERSHIP.

THE REPORTING REQUIREMENTS UNDER SECTIONS 105 AND 205 PROVIDING FOR CONGRESSIONAL REPORTING OF PROBLEMS IDENTIFIED AND RECOMMENDATIONS FOR RESOLVING THEM WITHIN 1 YEAR AFTER THE ENACTMENT OF THE ACT MAY NOT BE FEASIBLE. IT MAY NOT BE POSSIBLE FOR THE COUNCIL OR CONFERENCE TO ADEQUATELY ADDRESS ALL THEIR RESPONSIBILITIES WITHIN THAT TIME PERIOD. BELIEVE RECURRING ANNUAL REPORTS WOULD BE MORE DESIRABLE.

THE BILL PROVIDES FOR THE COUNCIL AND CONFERENCE TO HOLD HEARINGS WHEN NECESSARY. HOWEVER, IT IS SILENT AS TO WHETHER SUCH HEARINGS WOULD BE OPEN TO THE PUBLIC. GIVEN CURRENT PUBLIC CONCERN OVER RADIATION HAZARDS, WE BELIEVE IT WOULD BE WORTHWHILE TO HAVE ANY SUCH HEARINGS OPEN TO THE PUBLIC. THE HEARINGS COULD BE ANNOUNCED IN ADVANCE THROUGH THE FEDERAL REGISTER AND OTHER MEDIA.

THERE IS GROWING CONCERN OVER THE EFFECTS OF NONIONIZING RADIATION. OUR REPORT "RADIATION CONTROL PROGRAMS PROVIDE LIMITED PROTECTION" (HRD 80-25 ISSUED DECEMBER 4, 1979) POINTS OUT SOME OF THE PROBLEMS IN THE COVERAGE OF NONIONIZING RADIATION AND THE CONTROVERSY AND UNCERTAINTY OVER ITS EFFECTS ESPECIALLY AT LOW-LEVELS OF EXPOSURE. THE BILL DOES NOT ADDRESS NONIONIZING RADIATION. WE BELIEVE CONSIDERATION SHOULD BE GIVEN TO APPLYING THE BILL'S PROVISIONS TO NONIONIZING RADIATION.

FOR PURPOSES OF CLARIFICATION AND CONSISTENCY IN THE BILL, WE SUGGEST THE FOLLOWING:

- SEC. 202(A)(2)(C). ON LINES 6-8 CHANGE THE WORDS "DETERMINE THE EFFECTS OF LOW-LEVEL IONIZING RADIATION ON HUMANS" TO "DEVELOP MORE ACCURATE ESTIMATES OF HUMAN RISK OR RISK BOUNDARIES AT LOW-DOSE LEVELS". THIS IS THE LANGUAGE IN THE INTERAGENCY TASK FORCE REPORT REGARDING THE ROLE OF EPIDEMIOLOGICAL STUDIES ON LOW-DOSE EFFECTS. WE BELIEVE THIS STATEMENT MORE ACCURATELY DESCRIBES THE LIMITS OF EPIDEMIOLOGICAL STUDIES.

- SEC. 202(A)(2)(D). SUBSTITUTE ON LINE 10 "(C)" FOR "(D)".

- SEC. 203(A)(1). DELETE THE WORD "EPIDEMIOLOGICAL" ON LINE 3. ALL TYPES OF STUDIES - EPIDEMIOLOGICAL, ANIMAL RESEARCH, CELL RESEARCH, DATA ANALYSIS, AND PATHWAYS STUDIES - SHOULD BE REVIEWED BY THE FEDERAL AGENCIES.

- SEC. 203(B). DELETE THE SENTENCE UNDER "(B)". ALL RESEARCH PROJECTS WOULD BE COVERED BY MAKING THE CHANGE WE RECOMMEND IN SEC. 203(A)(1). WITH THE DELETION OF "(B)" THE PARAGRAPHS UNDER 203 WILL HAVE TO BE REDESIGNATED.

- THE TITLE OF THE CONFERENCE SHOULD BE MADE CONSISTENT THROUGHOUT THE ACT. FOR EXAMPLE, SEE SEC. 102(A)(4), TITLE II CAPTION, AND SEC. 201(A)(1).