104TH CONGRESS
1ST SESSION
H. R. 1565
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 au-
thorized 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.
104TH CONGRESS
1ST SESSION
H. R. 1565
AN ACT
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 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 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 Na-
tional Academy of Sciences, in a report issued in ac-
cordance 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 be-
tween occurrence of the disease in humans and
exposure to a herbicide agent;
‘‘(II) that there is evidence which is sug-
gestive of an association between occurrence of
the disease in humans and exposure to a herbi-
cide agent, but such evidence is limited in na-
ture; 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 herbi-
cide agent; or
‘‘(ii) a disease for which the Secretary, pursu-
ant 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 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
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 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 in-
serting 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 mean-
ing 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 there-
of 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 sec-
tion 1710(e)(4)(A) of this title) for any disease spec-
ified 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 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:
Clerk.