H.R. 4183House109th Congress (2005-2007)In Committee

Recognition of Forgotten Atomic Veterans and their Surviving Spouses Act of 2005

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4 earlier actions

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Referred to the Subcommittee on Immigration, Border Security, and Claims.

Immigration Integrity, Security, and Enforcement Subcommittee

February 6, 2006

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HouseIntro Referral

Introduced in House

November 1, 2005

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E2240-2241)

November 1, 2005

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committee on Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Judiciary Committee

November 1, 2005

HouseCommittee

Referred to the Subcommittee on Disability Assistance and Memorial Affairs.

Disability Assistance and Memorial Affairs Subcommittee

November 17, 2005

HouseCommittee

Referred to the Subcommittee on Immigration, Border Security, and Claims.

Immigration Integrity, Security, and Enforcement Subcommittee

February 6, 2006

Floor Debate

1 member

What members said about H.R. 4183 on the floor

1 Democrat

Rep. Bob FilnerD-CA-51 · Nov 1, 2005

Mr. Speaker, I urge support for two bills I have just introduced, H.R. 4183, the ``Recognition of Forgotten Atomic Veterans and their Surviving Spouses Act'' and ``H.R. 4184, the ``You Were There,…

Mr. Speaker, I urge support for two bills I have just introduced, H.R. 4183, the

``Recognition of Forgotten Atomic Veterans and their Surviving Spouses Act'' and ``H.R. 4184, the ``You Were There, You Get Care Act.''

In the preparation of these bills, I am indebted to Earl J. Lee, member of the National Association of Atomic Veterans (NAAV) and National District VI Chairman of the AMVETS RECA (Radiation Exposure Compensation Act) Program. Resolutions supporting the provisions in these bills have been passed by the National AMVETS.

For too long, many Atomic Veterans and veterans exposed to Depleted Uranium have been on the outside looking in and wondering why? Were they not loyal and faithful in their military service? Do they not deserve compensation or care for their illnesses?

H.R. 4183, the ``Recognition of Forgotten Atomic Veterans and their Surviving Spouses Act'', directs the Department of Justice to obtain the records of all Atomic Veterans from the Department of Energy Operations Office in Nevada. Using these records, they are to locate and advise all veterans or their surviving widows of their rights under RECA and guide them in filing a claim for the compensation that is due them.

RECA is the program passed by Congress in 1990 (P.L. 101-426) that provides compassionate payments to individuals who contract cancers and other serious diseases as a result of their exposure to radiation from above ground tests of nuclear weapons or from employment in underground uranium mines.

Because the VA did not provide medical care to Atomic Veterans in many cases, many died at an early age. So there are thousands of widows, many on fixed incomes, who have never heard of RECA and do not know that they may be eligible for compensation. My bill will help them apply and receive substantial compassionate payments to ease their burden.

Depleted uranium is an incredibly effective weapon, but its residue has a half-life of 4 billion years and many believe that it is a carcinogen. We simply cannot allow another generation of veterans to be treated as were the Atomic Veterans! H.R. 4184, the ``You Were There, You Get Care Act'', ensures that veterans who served in the 1991 Gulf War and subsequent conflicts will be considered ``service-connected disabled'' for any illnesses currently covered by RECA and other diseases found by the Veterans'' Affairs Secretary to result from DU exposure.

For example, veterans serving in the 1991 Gulf War or those providing clean-up or servicing of vehicles or equipment that had been in the Persian Gulf, shall be considered as exposed and if they are ill, their illnesses shall be deemed ``service-connected'' with the accompanying VA health care and VA compensation provided.

In addition, this bill calls for an in-depth medical study to be conducted by independent civilian medical entities, independent of the Departments of Defense and Veterans Affairs, to determine other diseases that may result from exposure to depleted uranium. A copy of the study will be sent to the Senate and House Veterans' Affairs Committees.

We need to ensure that veterans from the Gulf War and all wars waged since will not die an early and painful death without the health care and compensation they need and deserve.

Taken together, H.R. 4183, and H.R. 4184 makes a bold statement--that when young men and women volunteer for service, they can count on their government to compensate them and care for them if their service lends to illnesses. These assurances are so important and so necessary and should aid in the recruitment and retention of military personnel.

Bill Text

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Introduced in HouseIssued November 1, 2005

109th CONGRESS

1st Session

H. R. 4183

IN THE HOUSE OF REPRESENTATIVES

November 1, 2005

Mr. Filner introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To improve the availability of benefits for veterans and the surviving spouses of veterans who were exposed while in military service to ionizing radiation, and for other purposes.

Short title

This Act may be cited as the Recognition of Forgotten Atomic Veterans and their Surviving Spouses Act of 2005.

Improved access for veterans and surviving spouses to benefits under Radiation Exposure Compensation Act

(a)

Identification of living atomic veterans and surviving spouses of deceased atomic veterans

The Attorney General shall—

(1)

obtain from the files of the Operations Office of the Department of Energy in Nevada records showing the identity of all atomic veterans;

(2)

with respect to each atomic veteran for whom records are obtained under paragraph (1), use the service serial number of that veteran to obtain the veteran’s social security number;

(3)

with respect to each such atomic veteran who is living—

(A)

use that veteran’s social security number to locate the veteran; and

(B)

advise that veteran of the provisions of the Radiation Exposure Compensation Act, including the right of the veteran to file a claim under that Act; and

(4)

with respect to each such atomic veteran who is deceased—

(A)

use that veteran’s social security number to locate the surviving spouse of the veteran (if any); and

(B)

if a surviving spouse is located, advise that surviving spouse of the provisions of the Radiation Exposure Compensation Act, including the right of the surviving spouse to file a claim under that Act.

(b)

Assistance in filing claims

The Attorney General shall assist any atomic veteran or surviving spouse identified under subsection (a)(3) or (a)(4), respectively, in filing a claim under the Radiation Exposure Compensation Act, if the atomic veteran or surviving spouse requests such assistance.

(c)

Assitance from other agencies

The heads of other Departments and agencies of the United States shall assist the Attorney General as necessary to enable the Attorney General to carry out the provisions of this section, including assistance in providing access to records needed for the Attorney General to carry out this section.

(d)

Atomic veterans

For purposes of this section, the term atomic veteran means a person who while serving in the Armed Forces was exposed to ionizing radiation or fallout from the atmospheric detonation of a nuclear device.

Additional conditions presumed to be service-connected when appearing in radiation-exposed veterans

For purposes of paragraph (1) of section 1112(c) of title 38, United States Code, any disease covered as of the date of the enactment of this Act under section 3.309 or 3.311 of title 38 of the Code of Federal Regulations shall be considered to be a disease specified in paragraph (2) of section 1112(c) of title 38, United States Code.