Care for Veterans Act of 2019

II 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 com- pounds, 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 con- nection for those veterans and members of the reserve components, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS 2 •S 1024 IS SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Care for Veterans Act 2 of 2019’’. 3 SEC. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VET- 4 ERANS, MEMBERS OF THE RESERVE COMPO- 5 NENTS, AND DEPENDENTS STATIONED AT 6 WURTSMITH AIR FORCE BASE IN OSCODA, 7 MICHIGAN, WHO WERE EXPOSED TO VOLA- 8 TILE ORGANIC COMPOUNDS. 9 (a) HOSPITAL CARE AND MEDICAL SERVICES FOR 10 VETERANS AND MEMBERS OF THE RESERVE COMPO- 11 NENTS.— 12 (1) IN GENERAL.—Paragraph (1) of section 13 1710(e) of title 38, United States Code, is amended 14 by adding at the end the following new subpara- 15 graph: 16 ‘‘(G)(i) Beginning on the date that is 90 days after 17 the date of the enactment of this subparagraph, subject 18 to paragraph (2), a veteran who served on active duty in 19 the Armed Forces, or an individual who served as a mem- 20 ber of the reserve components of the Armed Forces, at 21 Wurtsmith Air Force Base in Oscoda, Michigan, during 22 a period determined by the Secretary, in consultation with 23 the Agency for Toxic Substances and Disease Registry of 24 the Department of Health and Human Services, and was 25 exposed to a substance specified in clause (ii) is eligible 26 VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS 3 •S 1024 IS for hospital care and medical services under subsection 1 (a)(2)(F) for the diseases, illnesses, or conditions specified 2 in clause (iii), notwithstanding that there is insufficient 3 medical evidence to conclude that such disease, illness, or 4 condition is attributable to such service. 5 ‘‘(ii) The substances specified in this clause are vola- 6 tile organic compounds, including trichloroethylene and 7 benzene. 8 ‘‘(iii) The diseases, illnesses, and conditions specified 9 in this clause are the diseases, illnesses, and conditions 10 determined by the Secretary, in consultation with the 11 Agency for Toxic Substances and Disease Registry, to 12 have resulted from exposure to volatile organic compounds 13 pursuant to the health consultation conducted by the 14 Agency for Toxic Substances and Disease Registry dated 15 July 27, 2018, or any other research conducted by a Fed- 16 eral agency.’’. 17 (2) LIMITATION.—Paragraph (2)(B) of such 18 section is amended by striking ‘‘or (F)’’ and insert- 19 ing ‘‘(F), or (G)’’. 20 (b) FAMILY MEMBERS.— 21 (1) IN GENERAL.—Subchapter VIII of chapter 22 17 of title 38, United States Code, is amended by 23 inserting after section 1787 the following new sec- 24 tion: 25 VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS 4 •S 1024 IS ‘‘§ 1787A. Health care of family members of individ- 1 uals stationed at Wurtsmith Air Force 2 Base in Oscoda, Michigan, who were ex- 3 posed to volatile organic compounds 4 ‘‘(a) IN GENERAL.—Beginning on the date that is 90 5 days after the date of the enactment of this section, sub- 6 ject to subsection (b), a family member of a veteran de- 7 scribed in clause (i) of section 1710(e)(1)(G) of this title 8 (or who would be so described but for the condition by 9 which the individual was discharged or released from the 10 Armed Forces), or a family member of a member of the 11 reserve components of the Armed Forces described in such 12 clause, who resided at Wurtsmith Air Force Base in 13 Oscoda, Michigan, during the period determined under 14 such clause and was exposed to a substance specified in 15 clause (ii) of such section or who was in utero while the 16 mother of such family member resided at such location 17 during such period and was exposed to such a substance 18 shall be eligible for hospital care and medical services fur- 19 nished by the Secretary for any disease, illness, or condi- 20 tion for which an individual may receive hospital care and 21 medical services under clause (iii) of such section, notwith- 22 standing that there is insufficient medical evidence to con- 23 clude that such disease, illness, or condition is attributable 24 to such residence. 25 VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS 5 •S 1024 IS ‘‘(b) LIMITATIONS.—(1) The Secretary may only fur- 1 nish hospital care and medical services under subsection 2 (a) to the extent and in the amount provided in advance 3 in appropriations Acts for such purpose. 4 ‘‘(2) Hospital care and medical services may not be 5 furnished under subsection (a) for a disease, illness, or 6 condition of a family member that is found, in accordance 7 with guidelines issued by the Under Secretary for Health, 8 to have resulted from a cause other than the residence 9 of the family member described in that subsection. 10 ‘‘(3) The Secretary may provide reimbursement for 11 hospital care or medical services provided to a family 12 member under this section only after the family member 13 or the provider of such care or services has exhausted 14 without success all claims and remedies reasonably avail- 15 able to the family member or provider against a third 16 party (as defined in section 1725(f) of this title) for pay- 17 ment of such care or services, including with respect to 18 health-plan contracts (as defined in such section).’’. 19 (2) CLERICAL AMENDMENT.—The table of sec- 20 tions at the beginning of such chapter is amended 21 by inserting after the item relating to section 1787 22 the following new item: 23 ‘‘1787A. Health care of family members of individuals stationed at Wurtsmith Air Force Base in Oscoda, Michigan, who were exposed to vola- tile organic compounds.’’. (c) ANNUAL REPORTS.— 24 VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS 6 •S 1024 IS (1) IN GENERAL.—During the three-year period 1 beginning on the date of the enactment of this Act, 2 the Secretary of Veterans Affairs shall submit to the 3 Committee on Veterans’ Affairs of the Senate and 4 the Committee on Veterans’ Affairs of the House of 5 Representatives an annual report on the care and 6 services provided under sections 1710(e)(1)(G) and 7 1787A of title 38, United States Code (as added by 8 subsections (a) and (b)(1), respectively). 9 (2) ELEMENTS.—Each report under paragraph 10 (1) shall set forth the following: 11 (A) The number of veterans, members of 12 the reserve components of the Armed Forces, 13 and family members provided hospital care and 14 medical services under the provisions of law 15 specified in paragraph (1) during the period 16 covered by the report. 17 (B) The illnesses, conditions, and disabil- 18 ities for which care and services have been pro- 19 vided such veterans, members of the reserve 20 components, and family members under such 21 provisions of law during that period. 22 (C) The number of veterans, members of 23 the reserve components, and family members 24 who applied for care and services under such 25 VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS 7 •S 1024 IS provisions of law during that period but were 1 denied, including information on the reasons for 2 such denials. 3 (D) The number of veterans, members of 4 the reserve components, and family members 5 who applied for care and services under such 6 provisions of law and are awaiting a decision 7 from the Secretary on eligibility for such care 8 and services as of the date of such report. 9 SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CER- 10 TAIN INDIVIDUALS STATIONED AT 11 WURTSMITH AIR FORCE BASE IN OSCODA, 12 MICHIGAN, WHO WERE EXPOSED TO VOLA- 13 TILE ORGANIC COMPOUNDS. 14 (a) IN GENERAL.—Chapter 11 of title 38, United 15 States Code, is amended by inserting after section 1116 16 the following new section: 17 ‘‘§ 1116A. Presumption of service connection for cer- 18 tain individuals stationed at Wurtsmith 19 Air Force Base in Oscoda, Michigan, who 20 were exposed to volatile organic com- 21 pounds 22 ‘‘(a) PRESUMPTION OF SERVICE CONNECTION.—(1) 23 For the purposes of section 1110 of this title, and subject 24 to section 1113 of this title, each disease, illness, or condi- 25 VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS 8 •S 1024 IS tion specified in subsection (b) that becomes manifest in 1 an individual described in paragraph (2) shall be consid- 2 ered to have been incurred or aggravated in the line of 3 duty in the active military, naval, or air service, notwith- 4 standing that there is no record of evidence of such dis- 5 ease, illness, or condition during the period of such service. 6 ‘‘(2) An individual described in this paragraph is a 7 veteran who, during active military, naval, or air service, 8 served at Wurtsmith Air Force Base in Oscoda, Michigan, 9 or a member of the reserve components of the Armed 10 Forces who served at such base, during the period deter- 11 mined under section 1710(e)(1)(G)(i) of this title and was 12 exposed to a volatile organic compound, including tri- 13 chloroethylene or benzene. 14 ‘‘(b) DISEASES, ILLNESSES, AND CONDITIONS SPECI- 15 FIED.—The diseases, illnesses, and conditions specified in 16 this clause are the diseases, illnesses, and conditions deter- 17 mined by the Secretary, in consultation with the Agency 18 for Toxic Substances and Disease Registry of the Depart- 19 ment of Health and Human Services, to have resulted 20 from exposure to volatile organic compounds pursuant to 21 the health consultation conducted by the Agency for Toxic 22 Substances and Disease Registry dated July 27, 2018, or 23 any other research conducted by a Federal agency.’’. 24 VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS 9 •S 1024 IS (b) CLERICAL AMENDMENT.—The table of sections 1 at the beginning of such chapter is amended by inserting 2 after the item relating to section 1116 the following new 3 item: 4 ‘‘1116A. Presumption of service connection for certain individuals stationed at Wurtsmith Air Force Base in Oscoda, Michigan, who were ex- posed to volatile organic compounds.’’. Æ VerDate Sep 11 2014 18:39 Apr 09, 2019 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\S1024.IS S1024 pamtmann on DSKBFK8HB2PROD with BILLS