[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5137 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5137

   To amend title 38, United States Code, to revise the eligibility 
criteria for presumption of service-connection of certain diseases and 
disabilities for veterans exposed to ionizing radiation during military 
                                service.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 23, 2004

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

_______________________________________________________________________

                                 A BILL


 
   To amend title 38, United States Code, to revise the eligibility 
criteria for presumption of service-connection of certain diseases and 
disabilities for veterans exposed to ionizing radiation during military 
                                service.

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

SECTION 1. ELIGIBILITY CRITERIA FOR PRESUMPTION OF SERVICE-CONNECTION 
              RESULTING FROM EXPOSURE TO IONIZING RADIATION DUE TO 
              OPEN-AIR NUCLEAR TESTING.

    Section 1112(c) of title 38, United States Code, is amended--
            (1) in paragraph (3)(B)(i), by inserting before the period 
        at the end the following: ``or exposure to ionzing radiation 
        due to residual contamination resulting from such a 
        detonation''; and
            (2) by adding at the end the following new paragraph:
    ``(4) For purposes of paragraph (3)(B)(i), onsite participation by 
any individual in a test involving the atmospheric detonation of a 
nuclear device and any exposure to ionzing radiation due to residual 
contamination resulting from such a detonation shall be determined 
without regard to whether any particular level of radiation exposure 
was measured for that individual.''.
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