[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 3528 Introduced in Senate (IS)]

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115th CONGRESS
  2d Session
                                S. 3528

  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

                           September 28, 2018

 Ms. Stabenow 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 2018''.

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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