Radiation-Exposed Veterans Compensation Act of 1988
PL 100-321 (H.R.1811), enacted 05/20/1988

PUBLIC LAW 100-321—MAY 20, 1988 
102 STAT. 485 
Public Law 100-321 
100th Congress 
An Act 
To amend title 38, United States Code, to provide a presumption of service connection 
to veterans (and survivors of such veterans) who participated in atmospheric or 
underwater nuclear tests as part of the United States nuclear weapons testing 
program or in the American occupation of Hiroshima or Nagasaki, Japan, and who 
suffer from certain diseases that may be attributable to exposure to ionizing 
radiation, and other purposes. 
May 20,1988 
[H.R. 1811] 
Radiation-
Radiation-Exposed V e t e r a n s 
Veterans 
Compensation 
Act of 1988. 
PRESUMPTION 
OF 
SERVICE 
CONNECTION 
FOR 
CERTAIN 
38 USC101 note. 
RADIATION-EXPOSED VETERANS. 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
Compensation Act of 1988". 
SEC. 2 
(a) PRESUMPTION.—Section 312 of title 88, United States Code, is 
amended by adding at the end the following new subsection: 
"(c)(1) For the purposes of section 310 of this title, and subject to 
the provisions of section 313 of this title, a disease specified in 
paragraph (2) of this subsection becoming manifest in a radiation-
exposed veteran to a degree of 10 percent or more within the 
presumption period (as specified in paragraph (3) of this subsection) 
shall be considered to have been incurred in or aggravated during 
the veteran's service on active duty, notwithstanding that there is 
no record of evidence of such disease during the period of such 
service. 
"(2) The diseases referred to in paragraph (1) of this subsection are 
the following: 
"(A) Leukemia (other than chronic lymphocytic leukemia). 
"(B) Cancer of the thyroid. 
"(C) Cancer of the breast. 
"(D) Cancer of the pharynx. 
"(E) Cancer of the esophagus. 
"(F) Cancer of the stomach. 
"(G) Cancer of the small intestine, 
"(H) Cancer of the pancreas. 
"(I) Multiple myeloma. 
"(J) Lymphomas (except Hodgkin's disease). 
"(K) Cancer of the bile ducts. 
"(L) Cancer of the gall bladder. 
"(M) Primary liver cancer (except if cirrhosis or hepatitis B is 
indicated). 
"(3) The presumption period for purposes of paragraph (1) of this 
subsection is the 40-year period beginning on the last date on which 
the veteran participated in a radiation-risk activity, except that 
such period shall be the 30-year period beginning on that date in the 
case of leukemia (other than chronic lymphocytic leukemia). 
"(4) For the purposes of this subsection: 
102 STAT. 486 
PUBLIC LAW 100-321—MAY 20, 1988 
"(A) The term 'radiation-exposed veteran' means a veteran 
who, while serving on active duty, participated in a radiation-
risk activity. 
"(B) The term 'radiation-risk activity' means any of the 
following: 
"(i) Onsite 
participation 
in 
a 
test 
involving 
the 
atmospheric detonation of a nuclear device. 
"(ii) The occupation of Hiroshima or Nagasaki, Japan, 
by United States forces during the period beginning on 
August 6,1945, and ending on July 1,1946. 
"(iii) Internment as prisoner of war in Japan (or service 
on active duty in Japan immediately following such intern-
ment) during World War II which (as determined by the 
Administrator) resulted in an opportunity for exposure to 
ionizing radiation comparable to that of veterans described 
in clause (ii) of this subparagraph.". 
38 use 312 note. 
(b) EFFECTIVE DATE.—Subsection (c) of section 312 of title 38, 
United States Code, as added by subsection (a), shall take effect on 
May 1,1988. 
(c) REQUIREMENTS REGARDING VETERANS' ENVIRONMENTAL HAZ-
ARDS ADVISORY COMMITTEE SCIENTIFIC COUNCIL REPORTS.—Section 
6(d)(3) of the Veterans' Dioxin and Radiation Exposure Compensa-
38 use 354 note, tion Standards Act (Public Law 98-542) is amended by striking out 
"the Committee and the Administrator" and inserting in lieu 
thereof "the Committee, the Administrator, and the Committees on 
Veterans' Affairs of the Senate and House of Representatives". 
Approved May 20, 1988. 
LEGISLATIVE HISTORY—H.R. 1811: 
HOUSE REPORTS: No. 100-235 (Ctomm. on Veterans' Affairs). 
CONGRESSIONAL RECORD: 
Vol. 133 (1987): July 28, considered and passed House. 
Vol. 134 (1988): Apr. 25, considered and passed Senate, amended. 
May 2, House concurred in Senate zunendments. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 24 (1988): 
May 20, Presidential statement.