[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2573 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2573

   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

                              May 21, 2009

 Mr. Abercrombie 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 occurring at any time to ionizing radiation from 
undetonated weapons or residual contamination resulting from such a 
detonation''.

SEC. 3. MINIMUM REQUIREMENTS FOR THE PERFORMANCE OF DOSE 
              RECONSTRUCTIONS.

    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 that require the mathematical calculation of the 
level of exposure of the veteran to ionizing radiation require the 
Secretary to carry out each of the following:
            ``(A) To determine the specific facts and circumstances of 
        the claimed exposure based on the evidence in the record while 
        presuming the veteran's recitation of the event is correct 
        except where clear and convincing evidence establishes 
        otherwise.
            ``(B) To obtain a reconstructed dose based on the specific 
        facts and circumstances established by the evidence ensuring 
        that no assumptions, bases, or other processes conflict with 
        the evidence provided by the Secretary.
            ``(C) To require that each dose reconstruction required 
        under subparagraph (B) include--
                    ``(i) the calculated dose for each relevant 
                radiation and organ;
                    ``(ii) a description of the dose reconstruction 
                process in sufficient detail to allow a reasonable 
                person with appropriate experience and training to 
                assess the methodology used to produce the reported 
                doses;.
                    ``(iii) a listing of each assumption used in the 
                dose reconstruction and the basis or bases for each 
                such assumption;
                    ``(iv) a listing of each deviation from the factual 
                scenario established by the evidence, the reason for 
                the deviation, and an explanation of the impact on the 
                reconstructed dose, including whether the deviation 
                increased or decreased the final calculated dose; and
                    ``(v) any other information that would further 
                clarify the bases of the reconstructed dose or aid the 
                determination of its probative value.
    ``(2)(A) The Secretary shall provide to a radiation-exposed veteran 
the veteran's dose that is reconstructed by the Secretary under 
paragraph (1), and the information required under subparagraph (C) of 
that paragraph to be included with the dose reconstruction.
    ``(B) Failure to provide the information required by subparagraph 
(A) shall be considered a prejudicial error requiring the Secretary to 
readjudicate the prejudiced claim based on a dose reconstruction 
compliant with this section.
    ``(3) 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.''.
                                 <all>