HR 4052
110th CONGRESS
1st Session
H. R. 4052
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
November 1, 2007
Mr. ABERCROMBIE (for himself, Mrs. BOYDA of Kansas, Ms. BORDALLO, Mr.
CLAY, Mr. FILNER, Mr. GORDON of Tennessee, Mr. HINCHEY, and Mr. JEFFERSON)
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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