[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3434 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3434

 To amend title 38, United States Code, to establish a presumption of 
service-connection for certain veterans with Hepatitis C, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 26, 2005

 Mr. Andrews introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 A BILL


 
 To amend title 38, United States Code, to establish a presumption of 
service-connection for certain veterans with Hepatitis C, 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. PRESUMPTION OF SERVICE-CONNECTION FOR CERTAIN VETERANS WITH 
              HEPATITIS C.

    (a) Presumption.--Section 1112 of title 38, United States Code, is 
amended by adding at the end the following:
    ``(d)(1) For the purposes of section 1110 of this title, and 
subject to the provisions of section 1113 of this title, the disease 
Hepatitis C becoming manifest to a degree of 10 percent or more in any 
veteran described in paragraph (2) after active military, naval, or air 
service covered by that paragraph shall be considered to have been 
incurred in or aggravated by such service, notwithstanding that there 
is no record of evidence of that disease during such service.
    ``(2) Paragraph (1) applies in the case of the following:
            ``(A) Veterans who received during a period of service 
        before December 31, 1992, a transfusion of blood or blood 
        products.
            ``(B) Veterans who were exposed to blood on or through the 
        skin or a mucous membrane during a period of service.
            ``(C) Veterans who underwent hemodyalisis during a period 
        of service.
            ``(D) Veterans who experienced a needle-stick accident or 
        medical event involving a needle, not due to the veteran's own 
        willful misconduct, during a period of service.
            ``(E) Veterans diagnosed with unexplained liver disease 
        during a period of service.
            ``(F) Veterans who experienced an unexplained liver 
        dysfunction value or test during a period of service.
            ``(G) Veterans who served in a health-care position or 
        specialty during a period of service under such circumstances 
        as the Secretary shall prescribe for purposes of this 
        subsection.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date of the enactment of this Act. No benefit may be 
paid or provided by reason of that amendment for any period before such 
date.
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