[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4172 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4172

  To amend title 38, United States Code, to codify certain additional 
   diseases as establishing a presumption of service-connection when 
   occurring in veterans exposed to ionizing radiation during active 
        military, naval, or air service, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 20, 2004

Mr. Evans (for himself and Mr. Michaud) introduced the following bill; 
        which was referred to the Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
  To amend title 38, United States Code, to codify certain additional 
   diseases as establishing a presumption of service-connection when 
   occurring in veterans exposed to ionizing radiation during active 
        military, naval, or air service, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CODIFICATION OF ADMINISTRATIVE ACTIONS RELATING TO 
              PRESUMPTIONS OF SERVICE CONNECTION FOR VETERANS EXPOSED 
              TO IONIZING RADIATION.

    (a) Covered Diseases.--Subsection (c)(2) of section 1112 of title 
38, United States Code, is amended by adding at the end the following 
new subparagraphs:
            ``(Q) Cancer of the bone.
            ``(R) Cancer of the brain.
            ``(S) Cancer of the colon.
            ``(T) Cancer of the lung.
            ``(U) Cancer of the ovary.''.
    (b) Covered Radiation-Risk Activities.--Subsection (c)(3)(B) of 
such section is amended by adding at the end the following new clause:
            ``(iv) Service in a capacity which, if performed as an 
        employee of the Department of Energy, would qualify the 
        individual for inclusion as a member of the Special Exposure 
        Cohort under section 3621(14) of the Energy Employees 
        Occupational Illness Compensation Program Act of 2000 (42 
        U.S.C. 7384l(14)).''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as of March 26, 2002.

SEC. 2. OFFSET OF VETERANS' DISABILITY COMPENSATION AND DEPENDENCY AND 
              INDEMNITY COMPENSATION FROM AWARDS UNDER RADIATION 
              EXPOSURE COMPENSATION PROGRAM.

    (a) Offset in Lieu of Forfeiture From Disability Compensation.--
Subsection (c) of section 1112 of title 38, United States Code, is 
amended by adding at the end the following new paragraph:
    ``(4) A radiation-exposed veteran who receives a payment under the 
provisions of the Radiation Exposure Compensation Act of 1990 (42 
U.S.C. 2210 note) shall not be deprived, by reason of the receipt of 
that payment, of receipt of compensation to which that veteran is 
entitled by reason of paragraph (1), but there shall be deducted from 
payment of such compensation the amount of the payment under that 
Act.''.
    (b) Offset in Lieu of Forfeiture From Dependency and Indemnity 
Compensation.--Section 1310 of title 38, United States Code, is amended 
by adding at the end the following new paragraph:
    ``(c) A person who receives a payment under the provisions of the 
Radiation Exposure Compensation Act of 1990 (42 U.S.C. 2210 note) shall 
not be deprived, by reason of the receipt of that payment, of receipt 
of dependency and indemnity compensation to which that person is 
otherwise entitled, but there shall be deducted from payment of such 
dependency and indemnity compensation the amount of the payment under 
that Act.''.
    (c) Effective Date.--Paragraph (4) of section 1112(c) of title 38, 
United States Code, as added by subsection (a), shall take effect with 
respect to compensation payments for months beginning after March 26, 
2002. Subsection (c) of section 1310 of such title, as added by 
subsection (b), shall take effect with respect to dependency and 
indemnity compensation payments for months beginning after March 26, 
2002.
                                 <all>