[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4287 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4287

  To amend title 38, United States Code, to establish presumptions of 
    service-connection for members of the Armed Forces who contract 
  Coronavirus Disease 2019 under certain circumstances, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 22, 2020

Mr. Moran (for himself, Mr. Tester, Mr. Tillis, Mr. Blumenthal, and Mr. 
    Rounds) 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 establish presumptions of 
    service-connection for members of the Armed Forces who contract 
  Coronavirus Disease 2019 under certain circumstances, 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 ``COVID-19 Benefits for Active Duty 
Servicemembers, the Reserve Components, and their Survivors Act of 
2020''.

SEC. 2. PRESUMPTIONS OF SERVICE-CONNECTION FOR MEMBERS OF ARMED FORCES 
              WHO CONTRACT CORONAVIRUS DISEASE 2019 UNDER CERTAIN 
              CIRCUMSTANCES.

    (a) In General.--Subchapter VI of chapter 11 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1164. Presumptions of service-connection for Coronavirus Disease 
              2019
    ``(a) Presumptions Generally.--(1) For purposes of laws 
administered by the Secretary and subject to section 1113 of this 
title, if symptoms of Coronavirus Disease 2019 (in this section 
referred to as `COVID-19') described in subsection (d) manifest within 
one of the manifestation periods described in paragraph (2) in an 
individual who served in a qualifying period of duty described in 
subsection (b)--
            ``(A) infection with severe acute respiratory syndrome 
        coronavirus 2 (in this section referred to as `SARS-CoV-2') 
        shall be presumed to have occurred during the qualifying period 
        of duty;
            ``(B) COVID-19 shall be presumed to have been incurred 
        during the qualifying period of duty; and
            ``(C) if the individual becomes disabled or dies as a 
        result of COVID-19, it shall be presumed that the individual 
        became disabled or died during the qualifying period of duty 
        for purposes of establishing that the individual served in the 
        active military, naval, or air service.
    ``(2)(A) The manifestation periods described in this paragraph are 
the following:
            ``(i) During a qualifying period of duty described in 
        subsection (b), if that period of duty was more than 48 
        continuous hours in duration.
            ``(ii) Within 14 days after the individual's completion of 
        a qualifying period of duty described in subsection (b).
            ``(iii) An additional period prescribed under subparagraph 
        (B).
    ``(B)(i) If the Secretary determines that a manifestation period of 
more than 14 days after completion of a qualifying period of service is 
appropriate for the presumptions under paragraph (1), the Secretary may 
prescribe that additional period by regulation.
    ``(ii) A determination under clause (i) shall be made in 
consultation with the Director of the Centers for Disease Control and 
Prevention.
    ``(b) Qualifying Period of Duty Described.--A qualifying period of 
duty described in this subsection is a period of--
            ``(1) active duty; or
            ``(2) the following duty or training not covered by 
        paragraph (1) performed under orders issued on or after March 
        13, 2020, during the national emergency declared by the 
        President under the National Emergencies Act (50 U.S.C. 1601 et 
        seq.):
                    ``(A) Training duty under title 10.
                    ``(B) Full-time National Guard duty (as defined in 
                section 101 of title 10).
    ``(c) Application of Presumptions for Training Duty.--When, 
pursuant to subsection (a), COVID-19 is presumed to have been incurred 
during a qualifying period of duty described in subsection (b)(2)--
            ``(1) COVID-19 shall be deemed to have been incurred in the 
        line of duty during a period of active military, naval, or air 
        service; and
            ``(2) where entitlement to benefits under this title is 
        predicated on the individual who was disabled or died being a 
        veteran, benefits for disability or death resulting from COVID-
        19 as described in subsection (a) shall be paid or furnished as 
        if the individual was a veteran, without regard to whether the 
        period of duty would constitute active military, naval, or air 
        service under section 101 of this title.
    ``(d) Symptoms of COVID-19.--For purposes of subsection (a), 
symptoms of COVID-19 are those symptoms that competent medical evidence 
demonstrates are experienced by an individual affected and directly 
related to COVID-19.
    ``(e) Medical Examinations and Opinions.--If there is a question of 
whether the symptoms experienced by an individual described in 
paragraph (1) of subsection (a) during a manifestation period described 
in paragraph (2) of such subsection are attributable to COVID-19 
resulting from infection with SARS-CoV-2 during the qualifying period 
of duty, in determining whether a medical examination or medical 
opinion is necessary to make a decision on the claim within the meaning 
of section 5103A(d) of this title, a qualifying period of duty 
described in subsection (b) of this section shall be treated as if it 
were active military, naval, or air service for purposes of section 
5103A(d)(2)(B) of this title.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter is amended by adding at the end the following new item:

``1164. Presumptions of service-connection for Coronavirus Disease 
                            2019.''.
    (c) Emergency Designations.--
            (1) In general.--This section is designated as an emergency 
        requirement pursuant to section 4(g) of the Statutory Pay-As-
        You-Go Act of 2010 (2 U.S.C. 933(g)).
            (2) Designation in senate.--In the Senate, this section is 
        designated as an emergency requirement pursuant to section 
        4112(a) of H. Con. Res. 71 (115th Congress), the concurrent 
        resolution on the budget for fiscal year 2018.
            (3) Termination of designations.--The designations under 
        paragraphs (1) and (2) shall terminate on the earlier of--
                    (A) the date of the end of the national emergency 
                declared by the President under the National 
                Emergencies Act (50 U.S.C. 1601 et seq.); and
                    (B) the date that is three years after the date of 
                the enactment of this Act.
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