Makes a member of the Armed Forces who is performing duty in response to a disaster or emergency declaration after August 28, 2005, in an area affected by Hurricane Katrina or Rita eligible for hospital care, medical services, and nursing home care for any disability, notwithstanding insufficient medical evidence to conclude that the disability is attributable to such duty. Prohibits such care or services with respect to a disability found to have resulted from a cause other than such duty. Terminates eligibility two years after the member's discharge or release from such duty.
Directs the Secretaries of Defense and Veterans Affairs to enter into an agreement with the National Academy of Sciences to review and make recommendations for the health surveillance of members who may be exposed to environmental hazards as the result of duty in areas affected by Hurricanes Katrina and Rita in 2005.
Requires the Secretary of Veterans Affairs to maintain a database of members provided health care by the Department of Veterans Affairs pursuant to such duty.
[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.
<all>
Introduced in House
Introduced in House
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.
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.
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.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on Military Personnel.
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