IIA

104TH CONGRESS

1ST SESSION H. R. 1565

IN THE SENATE OF THE UNITED STATES

JUNE 28 (legislative day, JUNE 19), 1995

Received; read twice and referred to the Committee on Veterans’ Affairs

AN ACT

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
2

•HR 1565 RFS

1 SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH

2 CARE.

3 (a) AUTHORIZED INPATIENT CARE.—Section

4 1710(e) of title 38, United States Code, is amended—

5 (1) in paragraph (1), by striking out subpara6 graphs (A) and (B) and inserting in lieu thereof the

7 following:

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

9 hospital care and nursing home care under subsection

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

11 ‘‘(i) among those diseases for which the Na12 tional Academy of Sciences, in a report issued in ac13 cordance with section 2 of the Agent Orange Act of

14 1991, has determined—

15 ‘‘(I) that there is sufficient evidence to

16 conclude that there is a positive association be17 tween occurrence of the disease in humans and

18 exposure to a herbicide agent;

19 ‘‘(II) that there is evidence which is sug20 gestive of an association between occurrence of

21 the disease in humans and exposure to a herbi22 cide agent, but such evidence is limited in na23 ture; or

24 ‘‘(III) that available studies are insufficient

25 to permit a conclusion about the presence or

26 absence of an association between occurrence of
3

•HR 1565 RFS

1 the disease in humans and exposure to a herbi2 cide agent; or

3 ‘‘(ii) a disease for which the Secretary, pursu4 ant to a recommendation of the Under Secretary for

5 Health on the basis of a peer-reviewed research

6 study or studies published within 20 months after

7 the most recent report of the National Academy

8 under section 2 of the Agent Orange Act of 1991,

9 determines there is credible evidence suggestive of

10 an association between occurrence of the disease in

11 humans and exposure to a herbicide agent.

12 ‘‘(B) A radiation-exposed veteran is eligible for hos13 pital care and nursing home care under subsection

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

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

16 this title; or

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

18 based on the advice of the Advisory Committee on

19 Environmental Hazards, determines that there is

20 credible evidence of a positive association between

21 occurrence of the disease in humans and exposure to

22 ionizing radiation.’’;

23 (2) in paragraph (2)—
4

•HR 1565 RFS

1 (A) by striking out ‘‘Hospital’’ and insert2 ing in lieu thereof ‘‘In the case of a veteran de3 scribed in paragraph (1)(C), hospital’’; and

4 (B) by striking out ‘‘subparagraph’’ and

5 all that follows through ‘‘subsection’’ and in6 serting in lieu thereof ‘‘paragraph (1)(C)’’;

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

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

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

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

11 and

12 (4) by adding at the end the following new

13 paragraph:

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

15 1712 of this title:

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

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

18 Republic of Vietnam during the Vietnam era, and

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

20 during such service to a herbicide agent.

21 ‘‘(B) The term ‘herbicide agent’ has the mean22 ing given that term in section 1116(a)(4) of this

23 title.
5

•HR 1565 RFS

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

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

3 this title.’’.

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) by striking out the period at the end

10 of subparagraph (D) and inserting in lieu there11 of a semicolon;

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

13 subparagraphs:

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

15 to any herbicide-exposed veteran (as defined in sec16 tion 1710(e)(4)(A) of this title) for any disease spec17 ified in section 1710(e)(1)(A) of this title; and

18 ‘‘(F) to any radiation-exposed veteran (as de19 fined in section 1112(c)(4) of this title) for any dis20 ease covered under section 1710(e)(1)(B) of this

21 title.’’; and

22 (2) in subsection (i)(3)—

23 (A) by striking out ‘‘(A)’’; and

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

25 follows through ‘‘title’’.
6

•HR 1565 RFS

1 SEC. 2. SAVINGS PROVISION.

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

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

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

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

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

7 for any veteran who was furnished such care or services

8 before such date of enactment on the basis of presumed

9 exposure to a substance or radiation under the authority

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

11 for which such care or services were furnished before such

12 date.

Passed the House of Representatives June 27, 1995.

Attest: ROBIN H. CARLE,

Clerk.