H.R. 1811 (100^th): Radiation-Exposed Veterans Compensation Act of 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        May 20,1988
  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          [H.R. 1811]
  suffer from certain diseases that may be attributable to exposure to ionizing
  radiation, and other purposes.

SECTION 1. SHORT TITLE.                                                                 Radiation-
 This Act may be cited as the                   Radiation-Exposed        Veterans       Veterans
Compensation Act of 1988".                                                              Compensation
                                                                                        Act of 1988.
SEC. 2 PRESUMPTION OF SERVICE CONNECTION                          FOR     CERTAIN       38 USC101 note.
        RADIATION-EXPOSED VETERANS.
  (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.

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