I

103D CONGRESS

1ST SESSION H. R. 3081

To amend title 38, United States Code, to extend and expand authority

for the Secretary of Veterans Affairs to provide priority health care

to veterans who were exposed to ionizing radiation or to Agent Orange.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 15, 1993

Mr. ROWLAND (for himself and Mr. SMITH of New Jersey) introduced the

following bill; which was referred to the Committee on Veterans’ Affairs

A BILL

To amend title 38, United States Code, to extend and expand

authority for the Secretary of Veterans Affairs to provide

priority health care to veterans who were exposed to

ionizing radiation or to Agent Orange.

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 HEALTH CARE.

4 (a) AUTHORIZED INPATIENT CARE.—Section

5 1710(e) of title 38, United States Code, is amended to

6 read as follows:

7 ‘‘(e)(1)(A) Subject to paragraph (2), a herbicide-ex8 posed veteran is eligible for hospital care and nursing
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1 home care under subsection (a)(1)(G) for any disease

2 specified in subparagraph (B).

3 ‘‘(B) The diseases referred to in subparagraph (A)

4 are those for which the National Academy of Sciences, in

5 a report issued in accordance with section 2 of the Agent

6 Orange Act of 1991, has determined—

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

8 that there is a positive association between occur9 rence of the disease in humans and exposure to a

10 herbicide agent;

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

12 of an association between occurrence of the disease

13 in humans and exposure to a herbicide agent, but

14 such evidence is limited in nature; or

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

16 permit a conclusion about the presence or absence of

17 an association between occurrence of the disease in

18 humans and exposure to a herbicide agent.

19 ‘‘(C) A radiation-exposed veteran is eligible for hos20 pital care and nursing home care under subsection

21 (a)(1)(G) for—

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

23 this title; and

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

25 based on the advice of the Advisory Committee on
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1 Environmental Hazards, determines that there is

2 credible evidence of a positive association between

3 occurrence of the disease in humans and exposure to

4 ionizing radiation.

5 ‘‘(2) Hospital and nursing home care may not be pro6 vided under or by virtue of paragraph (1)(A) after Sep7 tember 30, 1996.

8 ‘‘(3) For purposes of this subsection and section

9 1712 of this title:

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

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

12 Republic of Vietnam during the Vietnam era, and

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

14 during such service to a herbicide agent.

15 ‘‘(B) the term ‘herbicide agent’ has the mean16 ing given that term in section 1116(a)(4) of this

17 title.

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

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

20 this title.’’.

21 (b) AUTHORIZED OUTPATIENT CARE.—Section 1712

22 of such title is amended—

23 (1) in subsection (a)(1)—

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

25 subparagraph (B);
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1 (B) by striking out the period at the end

2 of subparagraph (C) and inserting in lieu there3 of a semicolon; and

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

5 ‘‘(D) during the period before October 1,

6 1996, to any herbicide-exposed veteran for any

7 disease listed in section 1710(e)(1)(B) of this

8 title; and

9 ‘‘(E) to any radiation-exposed veteran for

10 any disease covered under section

11 1710(e)(1)(C) of this title.’’; and

12 (2) in subsection (i)(3)—

13 (A) by striking out ‘‘(A)’’; and

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

15 follows through ‘‘title’’.

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