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Union Calendar No. 75
104TH CONGRESS
1ST SESSION
H. R. 1565
[Report No. 104–158]
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
JUNE 26, 1995
Additional sponsors: Mr. SMITH of New Jersey, Mr. BILIRAKIS, Mr. STEARNS,
Mr. BARR, Mr. COOLEY, Mr. EVANS, Mr. FILNER, Ms. BROWN of Flor-
ida, Mr. DOYLE, Mr. MASCARA, and Mr. NEY
JUNE 26, 1995
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on May 3, 1995]
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), by striking out subpara-
graphs (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 con-
clude that there is a positive association between
occurrence of the disease in humans and expo-
sure to a herbicide agent;
‘‘(II) that there is evidence which is sugges-
tive 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 ab-
sence 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 be-
tween occurrence of the disease in humans and expo-
sure 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 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 En-
vironmental Hazards, determines that there is credi-
ble evidence of a positive association between occur-
rence of the disease in humans and exposure to ioniz-
ing radiation.’’;
(2) in paragraph (2)—
(A) by striking out ‘‘Hospital’’ and insert-
ing in lieu thereof ‘‘In the case of a veteran de-
scribed 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 para-
graph:
‘‘(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 Repub-
lic 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 sub-
paragraph (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 de-
fined in section 1112(c)(4) of this title) for any dis-
ease 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 hos-
pital 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 provi-
sions, but only for treatment for a disability for which such
care or services were furnished before such date.
Amend the title so as to read: ‘‘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 and to make
such authority permanent in the case of certain veterans
exposed to ionizing radiation, and for other purposes.’’.
Union Calendar No. 75
104TH CONGRESS
1ST SESSION
H. R. 1565
[Report No. 104–158]
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 au-
thorized to provide priority health care to certain
veterans exposed to Agent Orange, ionizing radi-
ation, or environmental hazards.
JUNE 26, 1995
Reported with amendments, committed to the Committee
of the Whole House on the State of the Union, and or-
dered to be printed