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 serv-
ice-connection when occurring in veterans exposed to ion-
izing radiation during active military, naval, or air serv-
ice, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. CODIFICATION OF ADMINISTRATIVE ACTIONS 
RELATING TO PRESUMPTIONS OF SERVICE 
CONNECTION FOR VETERANS EXPOSED TO 
IONIZING RADIATION. 
(a) COVERED DISEASES.—Subsection (c)(2) of sec-
tion 1112 of title 38, United States Code, is amended by 
adding at the end the following new subparagraphs: 
‘‘(Q) Cancer of the bone. 
‘‘(R) Cancer of the brain. 
‘‘(S) Cancer of the colon. 
‘‘(T) Cancer of the lung. 
‘‘(U) Cancer of the ovary.’’. 
(b) COVERED RADIATION-RISK ACTIVITIES.—Sub-
section (c)(3)(B) of such section is amended by adding 
at the end the following new clause: 
‘‘(iv) Service in a capacity which, if performed 
as an employee of the Department of Energy, would 
qualify the individual for inclusion as a member of 
the Special Exposure Cohort under section 3621(14) 
of the Energy Employees Occupational Illness Com-
pensation Program Act of 2000 (42 U.S.C. 
7384l(14)).’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect as of March 26, 2002.
SEC. 2. OFFSET OF VETERANS’ DISABILITY COMPENSATION 
AND DEPENDENCY AND INDEMNITY COM-
PENSATION FROM AWARDS UNDER RADI-
ATION EXPOSURE COMPENSATION PROGRAM. 
(a) OFFSET IN LIEU OF FORFEITURE FROM DIS-
ABILITY COMPENSATION.—Subsection (c) of section 1112 
of title 38, United States Code, is amended by adding at 
the end the following new paragraph: 
‘‘(4) A radiation-exposed veteran who receives a pay-
ment under the provisions of the Radiation Exposure 
Compensation Act of 1990 (42 U.S.C. 2210 note) shall 
not be deprived, by reason of the receipt of that payment, 
of receipt of compensation to which that veteran is entitled 
by reason of paragraph (1), but there shall be deducted 
from payment of such compensation the amount of the 
payment under that Act.’’. 
(b) OFFSET IN LIEU OF FORFEITURE FROM DE-
PENDENCY
AND INDEMNITY COMPENSATION.—Section 
1310 of title 38, United States Code, is amended by add-
ing at the end the following new paragraph: 
‘‘(c) A person who receives a payment under the pro-
visions of the Radiation Exposure Compensation Act of 
1990 (42 U.S.C. 2210 note) shall not be deprived, by rea-
son of the receipt of that payment, of receipt of depend-
ency and indemnity compensation to which that person is 
otherwise entitled, but there shall be deducted from pay-
ment of such dependency and indemnity compensation the 
amount of the payment under that Act.’’. 
(c) EFFECTIVE DATE.—Paragraph (4) of section 
1112(c) of title 38, United States Code, as added by sub-
section (a), shall take effect with respect to compensation 
payments for months beginning after March 26, 2002. 
Subsection (c) of section 1310 of such title, as added by 
subsection (b), shall take effect with respect to dependency 
and indemnity compensation payments for months begin-
ning after March 26, 2002. 
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