[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4183 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4183

To improve the availability of benefits for veterans and the surviving 
   spouses of veterans who were exposed while in military service to 
              ionizing radiation, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 1, 2005

  Mr. Filner introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Veterans' Affairs, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To improve the availability of benefits for veterans and the surviving 
   spouses of veterans who were exposed while in military service to 
              ionizing radiation, 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 ``Recognition of Forgotten Atomic 
Veterans and their Surviving Spouses Act of 2005''.

SEC. 2. IMPROVED ACCESS FOR VETERANS AND SURVIVING SPOUSES TO BENEFITS 
              UNDER RADIATION EXPOSURE COMPENSATION ACT.

    (a) Identification of Living Atomic Veterans and Surviving Spouses 
of Deceased Atomic Veterans.--The Attorney General shall--
            (1) obtain from the files of the Operations Office of the 
        Department of Energy in Nevada records showing the identity of 
        all atomic veterans;
            (2) with respect to each atomic veteran for whom records 
        are obtained under paragraph (1), use the service serial number 
        of that veteran to obtain the veteran's social security number;
            (3) with respect to each such atomic veteran who is 
        living--
                    (A) use that veteran's social security number to 
                locate the veteran; and
                    (B) advise that veteran of the provisions of the 
                Radiation Exposure Compensation Act, including the 
                right of the veteran to file a claim under that Act; 
                and
            (4) with respect to each such atomic veteran who is 
        deceased--
                    (A) use that veteran's social security number to 
                locate the surviving spouse of the veteran (if any); 
                and
                    (B) if a surviving spouse is located, advise that 
                surviving spouse of the provisions of the Radiation 
                Exposure Compensation Act, including the right of the 
                surviving spouse to file a claim under that Act.
    (b) Assistance in Filing Claims.--The Attorney General shall assist 
any atomic veteran or surviving spouse identified under subsection 
(a)(3) or (a)(4), respectively, in filing a claim under the Radiation 
Exposure Compensation Act, if the atomic veteran or surviving spouse 
requests such assistance.
    (c) Assitance From Other Agencies.--The heads of other Departments 
and agencies of the United States shall assist the Attorney General as 
necessary to enable the Attorney General to carry out the provisions of 
this section, including assistance in providing access to records 
needed for the Attorney General to carry out this section.
    (d) Atomic Veterans.--For purposes of this section, the term 
``atomic veteran'' means a person who while serving in the Armed Forces 
was exposed to ionizing radiation or fallout from the atmospheric 
detonation of a nuclear device.

SEC. 3. ADDITIONAL CONDITIONS PRESUMED TO BE SERVICE-CONNECTED WHEN 
              APPEARING IN RADIATION-EXPOSED VETERANS.

    For purposes of paragraph (1) of section 1112(c) of title 38, 
United States Code, any disease covered as of the date of the enactment 
of this Act under section 3.309 or 3.311 of title 38 of the Code of 
Federal Regulations shall be considered to be a disease specified in 
paragraph (2) of section 1112(c) of title 38, United States Code.
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