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[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1565 Referred in Senate (RFS)]

  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.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. AUTHORITY TO PROVIDE PRIORITY HEALTH CARE.

    (a) Authorized Inpatient Care.--Section 1710(e) of title 38, United 
States Code, is amended--
            (1) in paragraph (1), by striking out subparagraphs (A) and 
        (B) and inserting in lieu thereof the following:
    ``(e)(1)(A) A herbicide-exposed veteran is eligible for hospital 
care and nursing home care under subsection (a)(1)(G) for any disease 
suffered by the veteran that is--
            ``(i) among those diseases for which the National Academy 
        of Sciences, in a report issued in accordance with section 2 of 
        the Agent Orange Act of 1991, has determined--
                    ``(I) that there is sufficient evidence to conclude 
                that there is a positive association between occurrence 
                of the disease in humans and exposure to a herbicide 
                agent;
                    ``(II) that there is evidence which is suggestive 
                of an association between occurrence of the disease in 
                humans and exposure to a herbicide agent, but such 
                evidence is limited in nature; or
                    ``(III) that available studies are insufficient to 
                permit a conclusion about the presence or absence of an 
                association between occurrence of the disease in humans 
                and exposure to a herbicide agent; or
            ``(ii) a disease for which the Secretary, pursuant to a 
        recommendation of the Under Secretary for Health on the basis 
        of a peer-reviewed research study or studies published within 
        20 months after the most recent report of the National Academy 
        under section 2 of the Agent Orange Act of 1991, determines 
        there is credible evidence suggestive of an association between 
        occurrence of the disease in humans and exposure to a herbicide 
        agent.
    ``(B) A radiation-exposed veteran is eligible for hospital care and 
nursing home care under subsection (a)(1)(G) for any disease suffered 
by the veteran that is--
            ``(i) a disease listed in section 1112(c)(2) of this title; 
        or
            ``(ii) any other disease for which the Secretary, based on 
        the advice of the Advisory Committee on Environmental Hazards, 
        determines that there is credible evidence of a positive 
        association between occurrence of the disease in humans and 
        exposure to ionizing radiation.'';
            (2) in paragraph (2)--
                    (A) by striking out ``Hospital'' and inserting in 
                lieu thereof ``In the case of a veteran described in 
                paragraph (1)(C), hospital''; and
                    (B) by striking out ``subparagraph'' and all that 
                follows through ``subsection'' and inserting in lieu 
                thereof ``paragraph (1)(C)'';
            (3) in paragraph (3), by striking out ``of this section 
        after June 30, 1995,'' and inserting in lieu thereof ``, in the 
        case of care for a veteran described in paragraph (1)(A), after 
        December 31, 1997,''; and
            (4) by adding at the end the following new paragraph:
    ``(4) For purposes of this subsection and section 1712 of this 
title:
            ``(A) The term `herbicide-exposed veteran' means a veteran 
        (i) who served on active duty in the Republic of Vietnam during 
        the Vietnam era, and (ii) who the Secretary finds may have been 
        exposed during such service to a herbicide agent.
            ``(B) The term `herbicide agent' has the meaning given that 
        term in section 1116(a)(4) of this title.
            ``(C) The term `radiation-exposed veteran' has the meaning 
        given that term in section 1112(c)(4) of this title.''.
    (b) Authorized Outpatient Care.--Section 1712 of such title is 
amended--
            (1) in subsection (a)(1)--
                    (A) by striking out ``and'' at the end of 
                subparagraph (C);
                    (B) by striking out the period at the end of 
                subparagraph (D) and inserting in lieu thereof a 
                semicolon;
                    (C) by adding at the end the following new 
                subparagraphs:
            ``(E) during the period before January 1, 1998, to any 
        herbicide-exposed veteran (as defined in section 1710(e)(4)(A) 
        of this title) for any disease specified in section 
        1710(e)(1)(A) of this title; and
            ``(F) to any radiation-exposed veteran (as defined in 
        section 1112(c)(4) of this title) for any disease covered under 
        section 1710(e)(1)(B) of this title.''; and
            (2) in subsection (i)(3)--
                    (A) by striking out ``(A)''; and
                    (B) by striking out ``, or (B)'' and all that 
                follows through ``title''.
SEC. 2. SAVINGS PROVISION.

    The provisions of sections 1710(e) and 1712(a) of title 38, United 
States Code, as in effect on the day before the date of the enactment 
of this Act, shall continue to apply on and after such date with 
respect to the furnishing of hospital care, nursing home care, and 
medical services for any veteran who was furnished such care or 
services before such date of enactment on the basis of presumed 
exposure to a substance or radiation under the authority of those 
provisions, but only for treatment for a disability for which such care 
or services were furnished before such date.

            Passed the House of Representatives June 27, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.
```