I 

108TH CONGRESS 

2D SESSION H. R. 4172 

To amend title 38, United States Code, to codify certain additional diseases 

as establishing a presumption of service-connection when occurring in 

veterans exposed to ionizing radiation during active military, naval, or 

air service, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 20, 2004 

Mr. EVANS (for himself and Mr. MICHAUD) introduced the following bill; 

which was referred to the Committee on Veterans’ Affairs 

A BILL 

To amend title 38, United States Code, to codify certain 

additional diseases as establishing a presumption of service-connection when occurring in veterans exposed to ionizing radiation during active military, naval, or air service, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 
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1 SECTION 1. CODIFICATION OF ADMINISTRATIVE ACTIONS 

2 RELATING TO PRESUMPTIONS OF SERVICE 

3 CONNECTION FOR VETERANS EXPOSED TO 

4 IONIZING RADIATION. 

5 (a) COVERED DISEASES.—Subsection (c)(2) of sec6 tion 1112 of title 38, United States Code, is amended by 

7 adding at the end the following new subparagraphs: 

8 ‘‘(Q) Cancer of the bone. 

9 ‘‘(R) Cancer of the brain. 

10 ‘‘(S) Cancer of the colon. 

11 ‘‘(T) Cancer of the lung. 

12 ‘‘(U) Cancer of the ovary.’’. 

13 (b) COVERED RADIATION-RISK ACTIVITIES.—Sub14 section (c)(3)(B) of such section is amended by adding 

15 at the end the following new clause: 

16 ‘‘(iv) Service in a capacity which, if performed 

17 as an employee of the Department of Energy, would 

18 qualify the individual for inclusion as a member of 

19 the Special Exposure Cohort under section 3621(14) 

20 of the Energy Employees Occupational Illness Com21 pensation Program Act of 2000 (42 U.S.C. 

22 7384l(14)).’’. 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall take effect as of March 26, 2002. 
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1 SEC. 2. OFFSET OF VETERANS’ DISABILITY COMPENSATION 

2 AND DEPENDENCY AND INDEMNITY COM3 PENSATION FROM AWARDS UNDER RADI4 ATION EXPOSURE COMPENSATION PROGRAM. 

5 (a) OFFSET IN LIEU OF FORFEITURE FROM DIS6 ABILITY COMPENSATION.—Subsection (c) of section 1112 

7 of title 38, United States Code, is amended by adding at 

8 the end the following new paragraph: 

9 ‘‘(4) A radiation-exposed veteran who receives a pay10 ment under the provisions of the Radiation Exposure 

11 Compensation Act of 1990 (42 U.S.C. 2210 note) shall 

12 not be deprived, by reason of the receipt of that payment, 

13 of receipt of compensation to which that veteran is entitled 

14 by reason of paragraph (1), but there shall be deducted 

15 from payment of such compensation the amount of the 

16 payment under that Act.’’. 

17 (b) OFFSET IN LIEU OF FORFEITURE FROM DE18 PENDENCY AND INDEMNITY COMPENSATION.—Section 

19 1310 of title 38, United States Code, is amended by add20 ing at the end the following new paragraph: 

21 ‘‘(c) A person who receives a payment under the pro22 visions of the Radiation Exposure Compensation Act of 

23 1990 (42 U.S.C. 2210 note) shall not be deprived, by rea24 son of the receipt of that payment, of receipt of depend25 ency and indemnity compensation to which that person is 

26 otherwise entitled, but there shall be deducted from pay-
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1 ment of such dependency and indemnity compensation the 

2 amount of the payment under that Act.’’. 

3 (c) EFFECTIVE DATE.—Paragraph (4) of section 

4 1112(c) of title 38, United States Code, as added by sub5 section (a), shall take effect with respect to compensation 

6 payments for months beginning after March 26, 2002. 

7 Subsection (c) of section 1310 of such title, as added by 

8 subsection (b), shall take effect with respect to dependency 

9 and indemnity compensation payments for months begin10 ning after March 26, 2002. 

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