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Union Calendar No. 75

104TH CONGRESS

1ST SESSION H. R. 1565

[Report No. 104–158]

To amend title 38, United States Code, to extend through December 31,

1997, the period during which the Secretary of Veterans Affairs is

authorized to provide priority health care to certain veterans exposed

to Agent Orange, ionizing radiation, or environmental hazards.

IN THE HOUSE OF REPRESENTATIVES

MAY 3, 1995

Mr. HUTCHINSON (for himself, Mr. EDWARDS, Mr. STUMP, and Mr. MONTGOMERY) introduced the following bill; which was referred to the Committee on Veterans’ Affairs

JUNE 26, 1995

Additional sponsors: Mr. SMITH of New Jersey, Mr. BILIRAKIS, Mr. STEARNS,

Mr. BARR, Mr. COOLEY, Mr. EVANS, Mr. FILNER, Ms. BROWN of Florida, Mr. DOYLE, Mr. MASCARA, and Mr. NEY

JUNE 26, 1995

Reported with amendments, committed to the Committee of the Whole House

on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on May 3, 1995]

A BILL

To amend title 38, United States Code, to extend through

December 31, 1997, the period during which the Secretary of Veterans Affairs is authorized to provide prior-
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ity health care to certain veterans exposed to Agent

Orange, ionizing radiation, or environmental hazards.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH

4 CARE.

5 (a) AUTHORIZED INPATIENT CARE.—Section 1710(e)

6 of title 38, United States Code, is amended—

7 (1) in paragraph (1), by striking out subpara8 graphs (A) and (B) and inserting in lieu thereof the

9 following:

10 ‘‘(e)(1)(A) A herbicide-exposed veteran is eligible for

11 hospital care and nursing home care under subsection

12 (a)(1)(G) for any disease suffered by the veteran that is—

13 ‘‘(i) among those diseases for which the National

14 Academy of Sciences, in a report issued in accordance

15 with section 2 of the Agent Orange Act of 1991, has

16 determined—

17 ‘‘(I) that there is sufficient evidence to con18 clude that there is a positive association between

19 occurrence of the disease in humans and expo20 sure to a herbicide agent;

21 ‘‘(II) that there is evidence which is sugges22 tive of an association between occurrence of the

23 disease in humans and exposure to a herbicide

24 agent, but such evidence is limited in nature; or
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1 ‘‘(III) that available studies are insufficient

2 to permit a conclusion about the presence or ab3 sence of an association between occurrence of the

4 disease in humans and exposure to a herbicide

5 agent; or

6 ‘‘(ii) a disease for which the Secretary, pursuant

7 to a recommendation of the Under Secretary for

8 Health on the basis of a peer-reviewed research study

9 or studies published within 20 months after the most

10 recent report of the National Academy under section

11 2 of the Agent Orange Act of 1991, determines there

12 is credible evidence suggestive of an association be13 tween occurrence of the disease in humans and expo14 sure to a herbicide agent.

15 ‘‘(B) A radiation-exposed veteran is eligible for hos16 pital care and nursing home care under subsection

17 (a)(1)(G) for any disease suffered by the veteran that is—

18 ‘‘(i) a disease listed in section 1112(c)(2) of this

19 title; or

20 ‘‘(ii) any other disease for which the Secretary,

21 based on the advice of the Advisory Committee on En22 vironmental Hazards, determines that there is credi23 ble evidence of a positive association between occur24 rence of the disease in humans and exposure to ioniz25 ing radiation.’’;
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1 (2) in paragraph (2)—

2 (A) by striking out ‘‘Hospital’’ and insert3 ing in lieu thereof ‘‘In the case of a veteran de4 scribed in paragraph (1)(C), hospital’’; and

5 (B) by striking out ‘‘subparagraph’’ and all

6 that follows through ‘‘subsection’’ and inserting

7 in lieu thereof ‘‘paragraph (1)(C)’’;

8 (3) in paragraph (3), by striking out ‘‘of this

9 section after June 30, 1995,’’ and inserting in lieu

10 thereof ‘‘, in the case of care for a veteran described

11 in paragraph (1)(A), after December 31, 1997,’’; and

12 (4) by adding at the end the following new para13 graph:

14 ‘‘(4) For purposes of this subsection and section 1712

15 of this title:

16 ‘‘(A) The term ‘herbicide-exposed veteran’ means

17 a veteran (i) who served on active duty in the Repub18 lic of Vietnam during the Vietnam era, and (ii) who

19 the Secretary finds may have been exposed during

20 such service to a herbicide agent.

21 ‘‘(B) The term ‘herbicide agent’ has the meaning

22 given that term in section 1116(a)(4) of this title.

23 ‘‘(C) The term ‘radiation-exposed veteran’ has

24 the meaning given that term in section 1112(c)(4) of

25 this title.’’.
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1 (b) AUTHORIZED OUTPATIENT CARE.—Section 1712

2 of such title is amended—

3 (1) in subsection (a)(1)—

4 (A) by striking out ‘‘and’’ at the end of sub5 paragraph (C);

6 (B) by striking out the period at the end of

7 subparagraph (D) and inserting in lieu thereof

8 a semicolon;

9 (C) by adding at the end the following new

10 subparagraphs:

11 ‘‘(E) during the period before January 1, 1998,

12 to any herbicide-exposed veteran (as defined in section

13 1710(e)(4)(A) of this title) for any disease specified in

14 section 1710(e)(1)(A) of this title; and

15 ‘‘(F) to any radiation-exposed veteran (as de16 fined in section 1112(c)(4) of this title) for any dis17 ease covered under section 1710(e)(1)(B) of this

18 title.’’; and

19 (2) in subsection (i)(3)—

20 (A) by striking out ‘‘(A)’’; and

21 (B) by striking out ‘‘, or (B)’’ and all that

22 follows through ‘‘title’’.

23 SEC. 2. SAVINGS PROVISION.

24 The provisions of sections 1710(e) and 1712(a) of title

25 38, United States Code, as in effect on the day before the
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1 date of the enactment of this Act, shall continue to apply

2 on and after such date with respect to the furnishing of hos3 pital care, nursing home care, and medical services for any

4 veteran who was furnished such care or services before such

5 date of enactment on the basis of presumed exposure to a

6 substance or radiation under the authority of those provi7 sions, but only for treatment for a disability for which such

8 care or services were furnished before such date.

Amend the title so as to read: ‘‘A bill to amend title

38, United States Code, to extend through December 31,

1997, the period during which the Secretary of Veterans

Affairs is authorized to provide priority health care to

certain veterans exposed to Agent Orange and to make

such authority permanent in the case of certain veterans

exposed to ionizing radiation, and for other purposes.’’.

Union Calendar No. 75

104TH CONGRESS

1ST SESSION H. R. 1565

[Report No. 104–158]

A BILL

To amend title 38, United States Code, to extend

ation, or environmental hazards.veterans exposed to Agent Orange, ionizing radithorized to provide priority health care to certainwhich the Secretary of Veterans Affairs is authrough December 31, 1997, the period during

JUNE 26, 1995

Reported with amendments, committed to the Committee

dered to be printedof the Whole House on the State of the Union, and or-