To amend title 38, United States Code, to establish a presumption that certain veterans were exposed to radiation and other toxins at the Nevada Test and Training Range for purposes of the treatment of certain disabilities under the laws administered by the Secretary of Veterans Affairs, and for other purposes.
- Bill Number
- H.R. 1400
- Origin Chamber
- House
- Congress
- 119th Congress, Session 1
- Policy Area
- Armed Forces and National Security
- Status
- Introduced
- Latest Action
- 2025-03-21: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
- Last Updated
- 2026-03-04T16:45:18Z
AI-Generated Summary
Purpose of the Legislation
This bill (H.R. 1400) aims to update laws governing veterans' benefits by creating legal presumptions that certain veterans were exposed to radiation and other harmful substances (toxins) while serving at specific sites in the Nevada Test and Training Range. These presumptions would make it easier for eligible veterans to receive treatment and disability benefits from the Department of Veterans Affairs (VA) without needing to prove exposure on a case-by-case basis.
Key Provisions
- Expansion of Radiation-Risk Activities (Section 1112(c)(3) Amendment):
- Adds a new category for veterans who participated onsite in the development, construction, operation, or maintenance of military installations at "covered locations" in the Nevada Test and Training Range between January 1, 1972, and January 1, 2005.
- Defines "covered location" as any site within the Nevada Test and Training Range, including Indian Springs Auxiliary Airfield, but excludes Nellis Air Force Base and Creech Air Force Base.
- Presumptions of Toxic Exposure (Section 1119(c) Amendment):
- Establishes a presumption of exposure to toxins for veterans who performed active duty service (military, naval, air, or space) while assigned to a duty station at, or in the airspace above, a covered location in the Nevada Test and Training Range during the same 1972–2005 period.
- Repeats the definition of "covered location" for clarity.
- Presumption of Service Connection for Specific Conditions (Section 1120(b) Amendment):
- Creates a new presumption linking certain disabilities to service for "covered veterans" (those qualifying under the toxic exposure provision).
- Specifically covers lipomas (benign fatty tumors under the skin) and other tumor-related conditions, treating them as connected to military service for benefits purposes.
Significant Changes to Existing Law
- Builds on current VA laws that already presume exposure for some radiation-related activities (e.g., nuclear testing) and toxins (e.g., burn pits in Iraq/Afghanistan), but extends these to post-Vietnam era activities at Nevada sites.
- Introduces time-specific (1972–2005) and location-specific presumptions not previously covered, shifting the burden of proof from veterans to the VA.
- Adds lipomas and tumor conditions as presumptively service-connected, which were not explicitly included before for this group.
Potential Impacts
- On Veterans and Citizens: Simplifies access to VA healthcare, disability compensation, and treatment for affected individuals and their survivors, potentially benefiting thousands of Nevada-based service members from the specified era by reducing claim denials due to lack of exposure evidence.
- On Government Agencies: Increases workload and costs for the VA in processing and approving claims; may require coordination with the Department of Defense for service records. No direct impact on international relations.
- Broader Effects: Could lead to higher federal spending on veterans' benefits, estimated in the millions, while promoting equity for underrepresented groups of atomic-era veterans.
Main Stakeholders Affected
- Primary: Veterans who served at covered Nevada locations from 1972 to 2005, including those with radiation- or toxin-related health issues like cancers or tumors.
- Secondary: Families and survivors of these veterans eligible for dependency benefits; VA employees handling claims; Nevada congressional representatives and state veterans' organizations advocating for local service members.
Notable Legal, Constitutional, or Political Implications
- Legal: Strengthens veterans' rights under Title 38 by using presumptions (a common tool in benefits law) to streamline adjudications, reducing litigation over exposure proof. Aligns with precedents like the Radiation Exposure Compensation Act but focuses on VA-administered benefits.
- Constitutional: Supports the U.S. Constitution's emphasis on providing for military personnel (Article I, Section 8), without raising separation-of-powers issues as it amends existing statutes.
- Political: Bipartisan sponsorship (from Nevada representatives) highlights regional priorities for military testing site legacies; could set precedent for similar expansions to other U.S. testing or training areas, influencing future veterans' policy debates.
This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.
Sponsor
Cosponsors (10)
Rep. Lee, Susie [D-NV-3], Rep. Sessions, Pete [R-TX-17], Rep. Fields, Cleo [D-LA-6], Rep. Titus, Dina [D-NV-1], Rep. Budzinski, Nikki [D-IL-13], Rep. Horsford, Steven [D-NV-4], Rep. Perez, Marie Gluesenkamp [D-WA-3], Rep. Kennedy, Timothy M. [D-NY-26], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Rouzer, David [R-NC-7]
Recent Actions
- 2025-03-21: Referred to the Subcommittee on Disability Assistance and Memorial Affairs.
- 2025-02-18: Referred to the House Committee on Veterans' Affairs.
- 2025-02-18: Introduced in House
- 2025-02-18: Introduced in House
Bill Versions
- To amend title 38, United States Code, to establish a presumption that certain veterans were exposed to radiation and other toxins at the Nevada Test and Training Range for purposes of the treatment of certain disabilities under the laws administered by the Secretary of Veterans Affairs, and for other purposes. — issued 2025-02-18 — PDF (3 pages)