I 

116TH CONGRESS 

2D SESSION H. R. 5682 

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 HOUSE OF REPRESENTATIVES 

JANUARY 27, 2020 

Mr. KILDEE introduced the following bill; which was 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


kjohnson on DSK79L0C42PROD with BILLS
2 

•HR 5682 IH

1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Care for Veterans Act 

3 of 2020’’. 

4 SEC. 2. HOSPITAL CARE AND MEDICAL SERVICES FOR VET5 ERANS, MEMBERS OF THE RESERVE COMPO6 NENTS, AND DEPENDENTS STATIONED AT 

7 WURTSMITH AIR FORCE BASE IN OSCODA, 

8 MICHIGAN, WHO WERE EXPOSED TO VOLA9 TILE ORGANIC COMPOUNDS. 

10 (a) HOSPITAL CARE AND MEDICAL SERVICES FOR

11 VETERANS AND MEMBERS OF THE RESERVE COMPO12 NENTS.— 

13 (1) IN GENERAL.—Paragraph (1) of section 

14 1710(e) of title 38, United States Code, is amended 

15 by adding at the end the following new subpara16 graph: 

17 ‘‘(G)(i) Beginning on the date that is 90 days after 

18 the date of the enactment of this subparagraph, subject 

19 to paragraph (2), a veteran who served on active duty in 

20 the Armed Forces, or an individual who served as a mem21 ber of the reserve components of the Armed Forces, at 

22 Wurtsmith Air Force Base in Oscoda, Michigan, during 

23 a period determined by the Secretary, in consultation with 

24 the Agency for Toxic Substances and Disease Registry of 

25 the Department of Health and Human Services, and was 

26 exposed to a substance specified in clause (ii) is eligible 


kjohnson on DSK79L0C42PROD with BILLS
3 

•HR 5682 IH

1 for hospital care and medical services under subsection 

2 (a)(2)(F) for the diseases, illnesses, or conditions specified 

3 in clause (iii), notwithstanding that there is insufficient 

4 medical evidence to conclude that such disease, illness, or 

5 condition is attributable to such service. 

6 ‘‘(ii) The substances specified in this clause are vola7 tile organic compounds, including trichloroethylene and 

8 benzene. 

9 ‘‘(iii) The diseases, illnesses, and conditions specified 

10 in this clause are the diseases, illnesses, and conditions 

11 determined by the Secretary, in consultation with the 

12 Agency for Toxic Substances and Disease Registry, to 

13 have resulted from exposure to volatile organic compounds 

14 pursuant to the health consultation conducted by the 

15 Agency for Toxic Substances and Disease Registry dated 

16 July 27, 2018, or any other research conducted by a Fed17 eral agency.’’. 

18 (2) LIMITATION.—Paragraph (2)(B) of such 

19 section is amended by striking ‘‘or (F)’’ and insert20 ing ‘‘(F), or (G)’’. 

21 (b) FAMILY MEMBERS.— 

22 (1) IN GENERAL.—Subchapter VIII of chapter 

23 17 of title 38, United States Code, is amended by 

24 inserting after section 1787 the following new sec25 tion: 


kjohnson on DSK79L0C42PROD with BILLS
4 

•HR 5682 IH

1 ‘‘§ 1787A. Health care of family members of individ2 uals stationed at Wurtsmith Air Force 

3 Base in Oscoda, Michigan, who were ex4 posed to volatile organic compounds 

5 ‘‘(a) IN GENERAL.—Beginning on the date that is 90 

6 days after the date of the enactment of this section, sub7 ject to subsection (b), a family member of a veteran de8 scribed in clause (i) of section 1710(e)(1)(G) of this title 

9 (or who would be so described but for the condition by 

10 which the individual was discharged or released from the 

11 Armed Forces), or a family member of a member of the 

12 reserve components of the Armed Forces described in such 

13 clause, who resided at Wurtsmith Air Force Base in 

14 Oscoda, Michigan, during the period determined under 

15 such clause and was exposed to a substance specified in 

16 clause (ii) of such section or who was in utero while the 

17 mother of such family member resided at such location 

18 during such period and was exposed to such a substance 

19 shall be eligible for hospital care and medical services fur20 nished by the Secretary for any disease, illness, or condi21 tion for which an individual may receive hospital care and 

22 medical services under clause (iii) of such section, notwith23 standing that there is insufficient medical evidence to con24 clude that such disease, illness, or condition is attributable 

25 to such residence. 


kjohnson on DSK79L0C42PROD with BILLS
5 

•HR 5682 IH

1 ‘‘(b) LIMITATIONS.—(1) The Secretary may only fur2 nish hospital care and medical services under subsection 

3 (a) to the extent and in the amount provided in advance 

4 in appropriations Acts for such purpose. 

5 ‘‘(2) Hospital care and medical services may not be 

6 furnished under subsection (a) for a disease, illness, or 

7 condition of a family member that is found, in accordance 

8 with guidelines issued by the Under Secretary for Health, 

9 to have resulted from a cause other than the residence 

10 of the family member described in that subsection. 

11 ‘‘(3) The Secretary may provide reimbursement for 

12 hospital care or medical services provided to a family 

13 member under this section only after the family member 

14 or the provider of such care or services has exhausted 

15 without success all claims and remedies reasonably avail16 able to the family member or provider against a third 

17 party (as defined in section 1725(f) of this title) for pay18 ment of such care or services, including with respect to 

19 health-plan contracts (as defined in such section).’’. 

20 (2) CLERICAL AMENDMENT.—The table of sec21 tions at the beginning of such chapter is amended 

22 by inserting after the item relating to section 1787 

23 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.’’. 

24 (c) ANNUAL REPORTS.— 


kjohnson on DSK79L0C42PROD with BILLS
6 

•HR 5682 IH

1 (1) IN GENERAL.—During the three-year period 

2 beginning on the date of the enactment of this Act, 

3 the Secretary of Veterans Affairs shall submit to the 

4 Committee on Veterans’ Affairs of the Senate and 

5 the Committee on Veterans’ Affairs of the House of 

6 Representatives an annual report on the care and 

7 services provided under sections 1710(e)(1)(G) and 

8 1787A of title 38, United States Code (as added by 

9 subsections (a) and (b)(1), respectively). 

10 (2) ELEMENTS.—Each report under paragraph 

11 (1) shall set forth the following: 

12 (A) The number of veterans, members of 

13 the reserve components of the Armed Forces, 

14 and family members provided hospital care and 

15 medical services under the provisions of law 

16 specified in paragraph (1) during the period 

17 covered by the report. 

18 (B) The illnesses, conditions, and disabil19 ities for which care and services have been pro20 vided such veterans, members of the reserve 

21 components, and family members under such 

22 provisions of law during that period. 

23 (C) The number of veterans, members of 

24 the reserve components, and family members 

25 who applied for care and services under such 


kjohnson on DSK79L0C42PROD with BILLS
7 

•HR 5682 IH

1 provisions of law during that period but were 

2 denied, including information on the reasons for 

3 such denials. 

4 (D) The number of veterans, members of 

5 the reserve components, and family members 

6 who applied for care and services under such 

7 provisions of law and are awaiting a decision 

8 from the Secretary on eligibility for such care 

9 and services as of the date of such report. 

10 SEC. 3. PRESUMPTION OF SERVICE CONNECTION FOR CER11 TAIN INDIVIDUALS STATIONED AT 

12 WURTSMITH AIR FORCE BASE IN OSCODA, 

13 MICHIGAN, WHO WERE EXPOSED TO VOLA14 TILE ORGANIC COMPOUNDS. 

15 (a) IN GENERAL.—Chapter 11 of title 38, United 

16 States Code, is amended by inserting after section 1116 

17 the following new section: 

18 ‘‘§ 1116A. Presumption of service connection for cer19 tain individuals stationed at Wurtsmith 

20 Air Force Base in Oscoda, Michigan, who 

21 were exposed to volatile organic com22 pounds 

23 ‘‘(a) PRESUMPTION OF SERVICE CONNECTION.—(1) 

24 For the purposes of section 1110 of this title, and subject 

25 to section 1113 of this title, each disease, illness, or condiVerDate Sep 11 2014 00:25 Jan 28, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5682.IH H5682

kjohnson on DSK79L0C42PROD with BILLS
8 

•HR 5682 IH

1 tion specified in subsection (b) that becomes manifest in 

2 an individual described in paragraph (2) shall be consid3 ered to have been incurred or aggravated in the line of 

4 duty in the active military, naval, or air service, notwith5 standing that there is no record of evidence of such dis6 ease, illness, or condition during the period of such service. 

7 ‘‘(2) An individual described in this paragraph is a 

8 veteran who, during active military, naval, or air service, 

9 served at Wurtsmith Air Force Base in Oscoda, Michigan, 

10 or a member of the reserve components of the Armed 

11 Forces who served at such base, during the period deter12 mined under section 1710(e)(1)(G)(i) of this title and was 

13 exposed to a volatile organic compound, including tri14 chloroethylene or benzene. 

15 ‘‘(b) DISEASES, ILLNESSES, AND CONDITIONS SPECI16 FIED.—The diseases, illnesses, and conditions specified in 

17 this clause are the diseases, illnesses, and conditions deter18 mined by the Secretary, in consultation with the Agency 

19 for Toxic Substances and Disease Registry of the Depart20 ment of Health and Human Services, to have resulted 

21 from exposure to volatile organic compounds pursuant to 

22 the health consultation conducted by the Agency for Toxic 

23 Substances and Disease Registry dated July 27, 2018, or 

24 any other research conducted by a Federal agency.’’. 


kjohnson on DSK79L0C42PROD with BILLS
9 

•HR 5682 IH

1 (b) CLERICAL AMENDMENT.—The table of sections 

2 at the beginning of such chapter is amended by inserting 

3 after the item relating to section 1116 the following new 

4 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.’’. 

Æ 


kjohnson on DSK79L0C42PROD with BILLS