I 
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 Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. TWO-YEAR ELIGIBILITY FOR DEPARTMENT OF 
VETERANS AFFAIRS HEALTH CARE FOR MEM-
BERS 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 As-
sistance Act (42 U.S.C. 5121 et seq.) after August 28, 
2005, in an area affected by Hurricane Katrina or Hurri-
cane Rita is eligible for hospital care, medical services, and 
nursing home care under subsection (a)(2)(F) for any dis-
ability, 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 serv-
ices, 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 sub-
paragraph (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 be-
ginning on the date of the veteran’s discharge or re-
lease 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 des-
ignated for individual assistance or public as-
sistance by Federal Disaster Declaration notice 
1602, 1603, 1604, 1605, 1606, or 1607 issued 
by the Director of the Federal Emergency Man-
agement Agency in August and September 
2005.’’. 
SEC. 2. HEALTH ASSESSMENT OF SERVICEMEMBERS EX-
POSED TO ENVIRONMENTAL HAZARDS ASSO-
CIATED WITH DUTY IN AREAS AFFECTED BY 
HURRICANES KATRINA AND RITA. 
(a) PURPOSE.—The purpose of this section is to pro-
vide 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 Sec-
retaries 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 agree-
ment under subsection (b), the National Academy of 
Sciences shall do the following: 
(1) Review and assess available data on envi-
ronmental exposures and adverse health effects that 
could reasonably be expected to be incurred by mem-
bers of the uniformed services assigned to duty (in-
cluding 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 dis-
aster county for individual or public assistance as 
the result of Hurricane Katrina or Hurricane Rita. 
(2) Describe the appropriate criteria for identi-
fication of members of the uniformed services cov-
ered by paragraph (1) and appropriate data to be 
collected and maintained for such members and 
make recommendations for the development of a reg-
istry which could be used to monitor morbidity and 
mortality data for such members. 
(3) Make recommendations concerning the es-
tablishment, 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, in-
cluding the results of the activities specified in subsection 
(c). 
(e) RECOMMENDATIONS
FOR
ADDITIONAL
SCI-
ENTIFIC STUDIES.—The Academy shall make any rec-
ommendations it has for additional scientific studies to re-
solve areas of continuing scientific uncertainty relating to 
environmental toxic exposure in hurricane affected areas 
referred to in subsection (c)(1). In making recommenda-
tions 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 ORGANIZA-
TION.—If the Secretaries are unable within the time pe-
riod prescribed in subsection (b) to enter into an agree-
ment with the National Academy of Sciences for the pur-
poses of this section on terms acceptable to the Secre-