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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