[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 764 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 764
To amend title 38, United States Code, to provide a presumption of
service connection for injuries classified as cold weather injuries
which occur in veterans who while engaged in military operations had
sustained exposure to cold weather.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 27, 2001
Mr. Stupak (for himself and Mr. Camp) introduced the following bill;
which was referred to the Committee on Veterans' Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to provide a presumption of
service connection for injuries classified as cold weather injuries
which occur in veterans who while engaged in military operations had
sustained exposure to cold weather.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Veterans Cold Weather Injury
Compensation Act''.
SEC. 2. COLD WEATHER INJURY REGISTRY.
The Secretary of Veterans Affairs shall establish and maintain a
registry of veterans who while in active military, naval, or air
service were exposed for a significant period of time to sustained
periods of extremely cold weather. The Secretary shall use the registry
to compile and analyze, on a continuing basis, all clinical data that
is obtained by the Department of Veterans Affairs in connection with
examinations and treatment furnished to veterans and that is likely to
be scientifically useful in determining the association, if any,
between the disabilities of such veterans and sustained exposure to
cold weather during military operations.
SEC. 3. PRESUMPTION OF SERVICE CONNECTION.
(a) In General.--(1) Chapter 11 of title 38, United States Code, is
amended by adding at the end of subchapter II the following new
section:
``Sec. 1119. Presumptions of service connection for injuries and
diseases associated with sustained exposure to cold
weather
``(a) For the purposes of section 1110 of this title, and subject
to section 1113 of this title, a cold-weather injury becoming manifest
in a veteran who during active military, naval, or air service and
while engaged in a military operation in the field was exposed to a
period of qualifying cold weather shall be considered to have been
incurred in or aggravated by such service, notwithstanding that there
is no record of evidence of such disease during the period of such
service.
``(b) For purposes of this section, a cold-weather injury is any
injury or disease that the Secretary determines in regulations
prescribed under this section has a positive association with sustained
exposure to cold weather.
``(c) For purposes of this section, the term `qualifying cold
weather' means a period of seven consecutive days or more during which
the mean average temperature was 32 degrees or lower.''.
(2) The table of sections at the beginning of such chapter is
amended by inserting after the item relating to section 1118 the
following new item:
``1119. Presumptions of service connection for injuries and diseases
associated with sustained exposure to cold
weather.''.
(b) Deadline for Initial Regulations.--The Secretary of Veterans
Affairs shall prescribe the initial regulations for purposes of
subsection (b) of section 1119 of title 38, United States Code, as
added by subsection (a), not later than 90 days after the date of the
enactment of this Act.
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