[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2962 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2962

   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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 17, 2005

Mr. Abercrombie (for himself, Mr. Filner, Ms. Corrine Brown of Florida, 
  Mr. Evans, Mr. Gutierrez, Mr. Hinchey, Ms. Hooley, Mr. Kildee, Mr. 
  Matheson, Mr. McDermott, Mr. Sanders, Mr. Serrano, and Mr. Wexler) 
 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, 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. SHORT TITLE.

    This Act may be cited as the ``Atomic Veterans Relief Act''.

SEC. 2. ELIGIBILITY CRITERIA FOR PRESUMPTION OF SERVICE-CONNECTION 
              RESULTING FROM EXPOSURE TO IONIZING RADIATION DUE TO 
              OPEN-AIR NUCLEAR TESTING.

    Section 1112(c)(3)(B) of title 38, United States Code, is amended 
by inserting before the period at the end of clause (i) the following: 
``or exposure to ionizing radiation due to residual contamination 
resulting from such a detonation''.

SEC. 3. REQUIREMENT TO ALLOW SERVICE-CONNECTION FOR DISABILITIES OF 
              VETERANS EXPOSED TO IONIZING RADIATION WHILE IN MILITARY 
              SERVICE TO BE ESTABLISHED WITHOUT DOSE RECONSTRUCTION 
              RECORD.

    Section 1154 of title 38, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c)(1) The Secretary shall include in the regulations pertaining 
to service-connection of disabilities referred to in subsection (a) 
additional provisions to ensure, in the case of a claim by a radiation-
exposed veteran for service-connection of a nonpresumptive disability, 
that the procedures for establishment of whether the disability is 
service-connected do not require imputation to the veteran, through a 
process known as dose reconstruction, of any particular level of 
exposure to ionizing radiation.
    ``(2) For purposes of this subsection:
            ``(A) The term `radiation-exposed veteran' has the meaning 
        given that term in section 1112(c)(3)(A) of this title.
            ``(B) The term `nonpresumptive disability' means a 
        disability not specified in section 1112(c)(2) of this 
        title.''.
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