[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1024 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1024
To amend title 38, United States Code, to furnish hospital care and
medical services to veterans, members of the reserve components of the
Armed Forces, and dependents who were stationed at Wurtsmith Air Force
Base in Oscoda, Michigan, and were exposed to volatile organic
compounds, to provide for a presumption of service connection for those
veterans and members of the reserve components, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 3, 2019
Ms. Stabenow (for herself and Mr. Peters) introduced the following
bill; which was read twice and referred to the Committee on Veterans'
Affairs
_______________________________________________________________________
A BILL
To amend title 38, United States Code, to furnish hospital care and
medical services to veterans, members of the reserve components of the
Armed Forces, and dependents who were stationed at Wurtsmith Air Force
Base in Oscoda, Michigan, and were exposed to volatile organic
compounds, to provide for a presumption of service connection for those
veterans and members of the reserve components, 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. SHORT TITLE.
This Act may be cited as the ``Care for Veterans Act of 2019''.
SEC. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VETERANS, MEMBERS OF THE
RESERVE COMPONENTS, AND DEPENDENTS STATIONED AT WURTSMITH
AIR FORCE BASE IN OSCODA, MICHIGAN, WHO WERE EXPOSED TO
VOLATILE ORGANIC COMPOUNDS.
(a) Hospital Care and Medical Services for Veterans and Members of
the Reserve Components.--
(1) In general.--Paragraph (1) of section 1710(e) of title
38, United States Code, is amended by adding at the end the
following new subparagraph:
``(G)(i) Beginning on the date that is 90 days after the date of
the enactment of this subparagraph, subject to paragraph (2), a veteran
who served on active duty in the Armed Forces, or an individual who
served as a member of the reserve components of the Armed Forces, at
Wurtsmith Air Force Base in Oscoda, Michigan, during a period
determined by the Secretary, in consultation with the Agency for Toxic
Substances and Disease Registry of the Department of Health and Human
Services, and was exposed to a substance specified in clause (ii) is
eligible for hospital care and medical services under subsection
(a)(2)(F) for the diseases, illnesses, or conditions specified in
clause (iii), notwithstanding that there is insufficient medical
evidence to conclude that such disease, illness, or condition is
attributable to such service.
``(ii) The substances specified in this clause are volatile organic
compounds, including trichloroethylene and benzene.
``(iii) The diseases, illnesses, and conditions specified in this
clause are the diseases, illnesses, and conditions determined by the
Secretary, in consultation with the Agency for Toxic Substances and
Disease Registry, to have resulted from exposure to volatile organic
compounds pursuant to the health consultation conducted by the Agency
for Toxic Substances and Disease Registry dated July 27, 2018, or any
other research conducted by a Federal agency.''.
(2) Limitation.--Paragraph (2)(B) of such section is
amended by striking ``or (F)'' and inserting ``(F), or (G)''.
(b) Family Members.--
(1) In general.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by inserting after section 1787
the following new section:
``Sec. 1787A. Health care of family members of individuals stationed at
Wurtsmith Air Force Base in Oscoda, Michigan, who were
exposed to volatile organic compounds
``(a) In General.--Beginning on the date that is 90 days after the
date of the enactment of this section, subject to subsection (b), a
family member of a veteran described in clause (i) of section
1710(e)(1)(G) of this title (or who would be so described but for the
condition by which the individual was discharged or released from the
Armed Forces), or a family member of a member of the reserve components
of the Armed Forces described in such clause, who resided at Wurtsmith
Air Force Base in Oscoda, Michigan, during the period determined under
such clause and was exposed to a substance specified in clause (ii) of
such section or who was in utero while the mother of such family member
resided at such location during such period and was exposed to such a
substance shall be eligible for hospital care and medical services
furnished by the Secretary for any disease, illness, or condition for
which an individual may receive hospital care and medical services
under clause (iii) of such section, notwithstanding that there is
insufficient medical evidence to conclude that such disease, illness,
or condition is attributable to such residence.
``(b) Limitations.--(1) The Secretary may only furnish hospital
care and medical services under subsection (a) to the extent and in the
amount provided in advance in appropriations Acts for such purpose.
``(2) Hospital care and medical services may not be furnished under
subsection (a) for a disease, illness, or condition of a family member
that is found, in accordance with guidelines issued by the Under
Secretary for Health, to have resulted from a cause other than the
residence of the family member described in that subsection.
``(3) The Secretary may provide reimbursement for hospital care or
medical services provided to a family member under this section only
after the family member or the provider of such care or services has
exhausted without success all claims and remedies reasonably available
to the family member or provider against a third party (as defined in
section 1725(f) of this title) for payment of such care or services,
including with respect to health-plan contracts (as defined in such
section).''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 1787 the following new item:
``1787A. Health care of family members of individuals stationed at
Wurtsmith Air Force Base in Oscoda,
Michigan, who were exposed to volatile
organic compounds.''.
(c) Annual Reports.--
(1) In general.--During the three-year period beginning on
the date of the enactment of this Act, the Secretary of
Veterans Affairs shall submit to the Committee on Veterans'
Affairs of the Senate and the Committee on Veterans' Affairs of
the House of Representatives an annual report on the care and
services provided under sections 1710(e)(1)(G) and 1787A of
title 38, United States Code (as added by subsections (a) and
(b)(1), respectively).
(2) Elements.--Each report under paragraph (1) shall set
forth the following:
(A) The number of veterans, members of the reserve
components of the Armed Forces, and family members
provided hospital care and medical services under the
provisions of law specified in paragraph (1) during the
period covered by the report.
(B) The illnesses, conditions, and disabilities for
which care and services have been provided such
veterans, members of the reserve components, and family
members under such provisions of law during that
period.
(C) The number of veterans, members of the reserve
components, and family members who applied for care and
services under such provisions of law during that
period but were denied, including information on the
reasons for such denials.
(D) The number of veterans, members of the reserve
components, and family members who applied for care and
services under such provisions of law and are awaiting
a decision from the Secretary on eligibility for such
care and services as of the date of such report.
SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CERTAIN INDIVIDUALS
STATIONED AT WURTSMITH AIR FORCE BASE IN OSCODA,
MICHIGAN, WHO WERE EXPOSED TO VOLATILE ORGANIC COMPOUNDS.
(a) In General.--Chapter 11 of title 38, United States Code, is
amended by inserting after section 1116 the following new section:
``Sec. 1116A. Presumption of service connection for certain individuals
stationed at Wurtsmith Air Force Base in Oscoda,
Michigan, who were exposed to volatile organic compounds
``(a) Presumption of Service Connection.--(1) For the purposes of
section 1110 of this title, and subject to section 1113 of this title,
each disease, illness, or condition specified in subsection (b) that
becomes manifest in an individual described in paragraph (2) shall be
considered to have been incurred or aggravated in the line of duty in
the active military, naval, or air service, notwithstanding that there
is no record of evidence of such disease, illness, or condition during
the period of such service.
``(2) An individual described in this paragraph is a veteran who,
during active military, naval, or air service, served at Wurtsmith Air
Force Base in Oscoda, Michigan, or a member of the reserve components
of the Armed Forces who served at such base, during the period
determined under section 1710(e)(1)(G)(i) of this title and was exposed
to a volatile organic compound, including trichloroethylene or benzene.
``(b) Diseases, Illnesses, and Conditions Specified.--The diseases,
illnesses, and conditions specified in this clause are the diseases,
illnesses, and conditions determined by the Secretary, in consultation
with the Agency for Toxic Substances and Disease Registry of the
Department of Health and Human Services, to have resulted from exposure
to volatile organic compounds pursuant to the health consultation
conducted by the Agency for Toxic Substances and Disease Registry dated
July 27, 2018, or any other research conducted by a Federal agency.''.
(b) Clerical Amendment.--The table of sections at the beginning of
such chapter is amended by inserting after the item relating to section
1116 the following new item:
``1116A. Presumption of service connection for certain individuals
stationed at Wurtsmith Air Force Base in
Oscoda, Michigan, who were exposed to
volatile organic compounds.''.
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