[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4007 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4007

To amend title 38, United States Code, to provide additional authority 
  for the Secretary of Veterans Affairs to provide health care for a 
 period of two years to members of the Armed Forces (including members 
of the National Guard serving under State authority) who serve in areas 
 affected by Hurricane Katrina and Hurricane Rita, to provide for the 
  Secretary of Veterans Affairs and the Secretary of Defense to enter 
 into an agreement with the National Academy of Sciences to survey and 
assess the potential health consequences of service by members in those 
                     areas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 6, 2005

 Mr. Strickland (for himself, Ms. Kilpatrick of Michigan, Mr. Boucher, 
 Mr. McGovern, Mr. Michaud, Mrs. Capps, Mr. Jefferson, Mr. Payne, and 
  Mr. Evans) introduced the following bill; which was referred to the 
  Committee on Veterans' Affairs, and in addition to the Committee on 
   Armed Services, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend title 38, United States Code, to provide additional authority 
  for the Secretary of Veterans Affairs to provide health care for a 
 period of two years to members of the Armed Forces (including members 
of the National Guard serving under State authority) who serve in areas 
 affected by Hurricane Katrina and Hurricane Rita, to provide for the 
  Secretary of Veterans Affairs and the Secretary of Defense to enter 
 into an agreement with the National Academy of Sciences to survey and 
assess the potential health consequences of service by members in those 
                     areas, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TWO-YEAR ELIGIBILITY FOR DEPARTMENT OF VETERANS AFFAIRS 
              HEALTH CARE FOR MEMBERS OF THE ARMED FORCES SERVING IN 
              AREAS AFFECTED BY HURRICANES KATRINA AND RITA.

    Section 1710(e) of title 38, United States Code, is amended--
            (1) by adding at the end of paragraph (1) the following new 
        subparagraph:
    ``(F) Subject to paragraphs (2) and (3), a member of the Armed 
Forces (including a member ordered to duty under section 502(f) of 
title 32) who is performing duty in response to a disaster or emergency 
declaration under the Robert T. Stafford Disaster Relief and Emergency 
Assistance Act (42 U.S.C. 5121 et seq.) after August 28, 2005, in an 
area affected by Hurricane Katrina or Hurricane Rita is eligible for 
hospital care, medical services, and nursing home care under subsection 
(a)(2)(F) for any disability, notwithstanding that there is 
insufficient medical evidence to conclude that such disability is 
attributable to such duty.'';
            (2) by adding at the end of paragraph (2) the following new 
        subparagraph:
    ``(C) In the case of a member of the Armed Forces described in 
paragraph (1)(F), hospital care, medical services, and nursing home 
care may not be provided under subsection (a)(2)(F) with respect to a 
disability that is found, in accordance to guidelines issued by the 
Under Secretary for Health, to have resulted from a cause other than 
duty described in that paragraph.'';
            (3) in paragraph (3)--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by striking the period at the end of 
                subparagraph (D) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(E) in the case of care for a veteran described in 
        paragraph (1)(F), after a period of two years beginning on the 
        date of the veteran's discharge or release from duty described 
        in that paragraph.''; and
            (4) by adding at the end of paragraph (4) the following new 
        subparagraph:
                    ``(C) The term `area affected by Hurricane Katrina 
                or Hurricane Rita' means an area designated for 
                individual assistance or public assistance by Federal 
                Disaster Declaration notice 1602, 1603, 1604, 1605, 
                1606, or 1607 issued by the Director of the Federal 
                Emergency Management Agency in August and September 
                2005.''.

SEC. 2. HEALTH ASSESSMENT OF SERVICEMEMBERS EXPOSED TO ENVIRONMENTAL 
              HAZARDS ASSOCIATED WITH DUTY IN AREAS AFFECTED BY 
              HURRICANES KATRINA AND RITA.

    (a) Purpose.--The purpose of this section is to provide for the 
National Academy of Sciences, an independent nonprofit scientific 
organization with appropriate expertise which is not part of the 
Federal Government, to review and make recommendations for health 
surveillance of members of the uniformed services who may be exposed to 
environmental hazards as the result of duty in areas affected by 
Hurricanes Katrina and Rita in 2005.
    (b) Assessment by National Academy of Sciences.--The Secretary of 
Veterans Affairs and the Secretary of Defense shall seek to enter into 
an agreement with the National Academy of Sciences for the Academy to 
perform the activities specified in this section. The Secretaries shall 
seek to enter into the agreement not later than 60 days after the date 
of the enactment of this Act.
    (c) Duties Under Agreement.--Under the agreement under subsection 
(b), the National Academy of Sciences shall do the following:
            (1) Review and assess available data on environmental 
        exposures and adverse health effects that could reasonably be 
        expected to be incurred by members of the uniformed services 
        assigned to duty (including duty under section 502(f) of title 
        32, United States Code) during the period beginning August 28, 
        2005, and ending on December 31, 2005, in any county designated 
        by the Director of the Federal Emergency Management Agency as a 
        Federal disaster county for individual or public assistance as 
        the result of Hurricane Katrina or Hurricane Rita.
            (2) Describe the appropriate criteria for identification of 
        members of the uniformed services covered by paragraph (1) and 
        appropriate data to be collected and maintained for such 
        members and make recommendations for the development of a 
        registry which could be used to monitor morbidity and mortality 
        data for such members.
            (3) Make recommendations concerning the establishment, 
        location, and content of a data registry and policies and 
        procedures for the ongoing periodic health surveillance of 
        members covered by paragraph (1).
    (d) Report.--Not later than 180 days after the date of the entry 
into effect of the agreement referred to in subsection (a), the 
National Academy of Sciences shall submit to the Secretaries a report 
on the activities of the National Academy of Sciences under the 
agreement, including the results of the activities specified in 
subsection (c).
    (e) Recommendations for Additional Scientific Studies.--The Academy 
shall make any recommendations it has for additional scientific studies 
to resolve areas of continuing scientific uncertainty relating to 
environmental toxic exposure in hurricane affected areas referred to in 
subsection (c)(1). In making recommendations for further study, the 
Academy shall consider the scientific information that is currently 
available, the value and relevance of the information that could result 
from additional studies, and the cost and feasibility of carrying out 
such additional studies.
    (f) Alternative Contract Scientific Organization.--If the 
Secretaries are unable within the time period prescribed in subsection 
(b) to enter into an agreement with the National Academy of Sciences 
for the purposes of this section on terms acceptable to the 
Secretaries, the Secretaries shall seek to enter into an agreement for 
the purposes of this section with another appropriate scientific 
organization that is not part of the Government and operates as a not-
for-profit entity and that has expertise and objectivity comparable to 
that of the National Academy of Sciences. If the Secretaries enter into 
such an agreement with another organization, then any reference in this 
section to the National Academy of Sciences shall be treated as a 
reference to the other organization.

SEC. 3. ANNUAL REPORT ON HEALTH CARE FROM THE DEPARTMENT OF VETERANS 
              AFFAIRS TO HURRICANE-AFFECTED MEMBERS OF THE NATIONAL 
              GUARD.

    (a) Data Base.--The Secretary of Veterans Affairs shall develop and 
maintain a data base of members of the Armed Forces who are provided 
health care by the Department of Veterans Affairs pursuant to section 
1710(e)(1)(F) of title 38, United States Code, as added by section 1.
    (b) Annual Report.--Not later than January 1 of each year from 2007 
through 2009, the Secretary shall submit to the Committees on Veterans' 
Affairs of the Senate and House of Representatives a report on members 
of the Armed Forces who are provided health care by the Department of 
Veterans Affairs pursuant to section 1710(e)(1)(F) of title 38, United 
States Code, as added by section 1. Each such report shall include the 
following:
            (1) The total number of veterans who sought treatment in 
        Department of Veterans Affairs health care facilities pursuant 
        to section 1710(e)(1)(F) of title 38, United States Code, as 
        added by section 1, during the preceding fiscal year and 
        cumulatively, set forth by the number of veterans per fiscal 
        year and the health-care eligibility category under which such 
        care was provided.
            (2) The cost of health care furnished to veterans pursuant 
        to such section during the preceding fiscal year and 
        cumulatively, including the costs for veterans who would not 
        have been eligible for enrollment for such care under 
        limitations imposed by the Secretary of Veterans Affairs for 
        veterans eligible for health care from the Department only 
        under section 1710(a)(3) of title 38, United States Code.
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