I

104TH CONGRESS

1ST SESSION H. R. 1565

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

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, 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

6 1710(e) of title 38, United States Code, is amended—

7 (1) in paragraph (1)—
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1 (A) by striking out subparagraphs (A) and

2 (B) and inserting in lieu thereof the following:

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

4 hospital care and nursing home care under subsection

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

6 among those diseases for which the National Academy of

7 Sciences, in a report issued in accordance with section 2

8 of the Agent Orange Act of 1991, has determined—

9 ‘‘(i) that there is sufficient evidence to conclude

10 that there is a positive association between occur11 rence of the disease in humans and exposure to a

12 herbicide agent;

13 ‘‘(ii) that there is evidence which is suggestive

14 of an association between occurrence of the disease

15 in humans and exposure to a herbicide agent, but

16 such evidence is limited in nature; or

17 ‘‘(iii) that available studies are insufficient to

18 permit a conclusion about the presence or absence of

19 an association between occurrence of the disease in

20 humans and exposure to a herbicide agent.

21 ‘‘(B) A radiation-exposed veteran is eligible for hos22 pital care and nursing home care under subsection

23 (a)(1)(G) for—

24 ‘‘(i) any disease listed in section 1112(c)(2) of

25 this title; and
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1 ‘‘(ii) any other disease for which the Secretary,

2 based on the advice of the Advisory Committee on

3 Environmental Hazards, determines that there is

4 credible evidence of a positive association between

5 occurrence of the disease in humans and exposure to

6 ionizing radiation.’’; and

7 (B) in subparagraph (C), by striking out

8 ‘‘Subject to paragraphs (2) and (3) of this sub9 section, a veteran’’ and inserting in lieu thereof

10 ‘‘A veteran’’;

11 (2) by striking out paragraph (2) and inserting

12 in lieu thereof the following:

13 ‘‘(2) For purposes of this subsection and section

14 1712 of this title—

15 ‘‘(A) the term ‘herbicide-exposed veteran’

16 means a veteran (i) who served on active duty in the

17 Republic of Vietnam during the Vietnam era, and

18 (ii) who the Secretary finds may have been exposed

19 during such service to a herbicide agent;

20 ‘‘(B) the term ‘herbicide agent’ has the mean21 ing given that term in section 1116(a)(4) of this

22 title; and

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

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

25 this title.’’; and
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1 (3) in paragraph (3), by striking out ‘‘after

2 June 30, 1995’’ and all that follows and inserting in

3 lieu thereof ‘‘after December 31, 1997.’’.

4 (b) AUTHORIZED OUTPATIENT CARE.—Section 1712

5 of such title is amended—

6 (1) in subsection (a)(1)—

7 (A) by striking out ‘‘and’’ at the end of

8 subparagraph (C);

9 (B) in subparagraph (D)—

10 (i) by striking out ‘‘December 31,

11 1995’’ and inserting in lieu thereof ‘‘De12 cember 31, 1997’’; and

13 (ii) by striking out the period at the

14 end and inserting in lieu thereof a semi15 colon; and

16 (C) by adding at the end the following:

17 ‘‘(E) during the period before January 1,

18 1998, to any herbicide-exposed veteran for any

19 disease specified in section 1710(e)(1)(A) of

20 this title; and

21 ‘‘(F) to any radiation-exposed veteran for

22 any disease covered under section

23 1710(e)(1)(B) of this title.’’; and

24 (2) in subsection (i)(3)—

25 (A) by striking out ‘‘(A)’’; and
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1 (B) by striking out ‘‘, or (B)’’ and all that

2 follows through ‘‘title’’.

3 SEC. 202. SAVINGS PROVISION.

4 The provisions of sections 1710(e) and 1712(a) of

5 title 38, United States Code, as in effect on the day before

6 the date of the enactment of this Act, shall continue to

7 apply on and after such date with respect to the furnishing

8 of hospital care, nursing home care, and medical services

9 for any veteran who was furnished such care or services

10 before such date of enactment on the basis of presumed

11 exposure to a substance or radiation under the authority

12 of those provisions, but only for treatment for a disability

13 for which such care or services were furnished before such

14 date.

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