[Congressional Record Volume 167, Number 128 (Wednesday, July 21, 2021)]
[Senate]
[Page S5023]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         ENSURING SURVIVOR BENEFITS DURING COVID-19 ACT OF 2021

  Ms. SMITH. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 83, S. 89.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A bill (S. 89) to require the Secretary of Veterans Affairs 
     to secure medical opinions for veterans with service-
     connected disabilities who die from COVID-19 to determine 
     whether their service-connected disabilities were the 
     principal or contributory causes of death, and for other 
     purposes.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on Veterans' Affairs, with 
an amendment to strike all after the enacting clause and insert in lieu 
thereof the following

                                 S. 89

       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 ``Ensuring Survivor Benefits 
     during COVID-19 Act of 2021''.

     SEC. 2. MEDICAL OPINIONS FOR CERTAIN VETERANS WITH SERVICE-
                   CONNECTED DISABILITIES WHO DIE OF COVID-19.

       (a) In General.--The Secretary of Veterans Affairs shall 
     secure a medical opinion to determine if a service-connected 
     disability was the principal or contributory cause of death 
     before notifying the survivor of the final decision in any 
     case in which all of the following factors are met:
       (1) A claim for compensation is filed under chapter 13 of 
     title 38, Unites States Code, with respect to a veteran with 
     one or more service-connected disabilities who dies.
       (2) The death certificate for the veteran identifies 
     Coronavirus Disease 2019 (COVID-19) as the principal or 
     contributory cause of death.
       (3) The death certificate does not clearly identify any of 
     the service-connected disabilities of the veteran as the 
     principal or contributory cause of death.
       (4) A service-connected disability of the veteran includes 
     a condition more likely to cause severe illness from COVID-19 
     as determined by the Centers for Disease Control and 
     Prevention.
       (5) The claimant is not entitled to benefits under section 
     1318 of such title.
       (6) The evidence to support the claim does not result in a 
     preliminary finding in favor of the claimant.
       (b) Outreach.--The Secretary shall provide information to 
     veterans, dependents, and veterans service organizations 
     about applying to dependency and indemnity compensation when 
     a veteran dies from COVID-19. The Secretary shall provide 
     such information through the website of the Department of 
     Veterans Affairs and via other outreach mechanisms.

  Ms. SMITH. I ask unanimous consent that the committee-reported 
substitute amendment be agreed to; that the bill, as amended, be 
considered read a third time and passed; and that the motion to 
reconsider be considered made and laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee-reported amendment, in the nature of a substitute, was 
agreed to.
  The bill (S. 89), as amended, was ordered to be engrossed for a third 
reading, was read the third time, and passed.

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