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. MONT-
GOMERY) introduced the following bill; which was referred to the Commit-
tee on Veterans’ Affairs
A BILL
To amend title 38, United States Code, to extend through
December 31, 1997, the period during which the Sec-
retary of Veterans Affairs is authorized to provide prior-
ity health care to certain veterans exposed to Agent
Orange, ionizing radiation, or environmental hazards.
Be it enacted by the Senate and House of Representa-
tives 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)—
(A) 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
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 occur-
rence 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.
‘‘(B) A radiation-exposed veteran is eligible for hos-
pital care and nursing home care under subsection
(a)(1)(G) for—
‘‘(i) any disease listed in section 1112(c)(2) of
this title; and
‘‘(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.’’; and
(B) in subparagraph (C), by striking out
‘‘Subject to paragraphs (2) and (3) of this sub-
section, a veteran’’ and inserting in lieu thereof
‘‘A veteran’’;
(2) by striking out paragraph (2) and inserting
in lieu thereof the following:
‘‘(2) 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 mean-
ing given that term in section 1116(a)(4) of this
title; and
‘‘(C) the term ‘radiation-exposed veteran’ has
the meaning given that term in section 1112(c)(4) of
this title.’’; and
(3) in paragraph (3), by striking out ‘‘after
June 30, 1995’’ and all that follows and inserting in
lieu thereof ‘‘after December 31, 1997.’’.
(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) in subparagraph (D)—
(i) by striking out ‘‘December 31,
1995’’ and inserting in lieu thereof ‘‘De-
cember 31, 1997’’; and
(ii) by striking out the period at the
end and inserting in lieu thereof a semi-
colon; and
(C) by adding at the end the following:
‘‘(E) during the period before January 1,
1998, to any herbicide-exposed veteran for any
disease specified in section 1710(e)(1)(A) of
this title; and
‘‘(F) to any radiation-exposed veteran 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. 202. 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.
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