[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1565 Introduced in House (IH)]







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. 
 Montgomery) introduced the following bill; which was referred to the 
                     Committee on Veterans' Affairs

_______________________________________________________________________

                                 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, ionizing radiation, or environmental hazards.

    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)--
                    (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 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.
    ``(B) A radiation-exposed veteran is eligible for hospital 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 subsection, 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 meaning 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 ``December 31, 
                        1997''; and
                            (ii) by striking out the period at the end 
                        and inserting in lieu thereof a semicolon; 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.
                                 <all>