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Division H — Veterans and Servicemembers Provisions

H.R. 6800 · 116th Congress · May 20, 2020 · Lineage

H Veterans and Servicemembers Provisions

Sec. 80001 Modification of pay limitation for certain high-level employees and officers of the Department of Veterans Affairs

(a)
Modification— Section 7404(d) of title 38, United States Code, is amended by inserting “and except for individuals appointed under 7401(4) and 7306 of this title,” after “section 7457 of this title,”.
(b)
Waivers—
(1)
In general— The Secretary of Veterans Affairs may waive the limitation described in section 7404(d) of such title, as in effect on the day before the date of the enactment of this Act, on the amount of basic pay payable to individuals appointed under section 7401(4) or 7306 of such title for basic pay payable during the period—
(A)
beginning on November 1, 2010; and
(B)
ending on the day before the date of the enactment of this Act.
(2)
Form— The Secretary shall prescribe the form for requesting a waiver under paragraph (1).
(3)
Treatment of waiver— A decision not to grant a waiver under paragraph (1) shall not be treated as an adverse action and is not subject to further appeal, third-party review, or judicial review.

Sec. 80002 Increase of amount of certain Department of Veterans Affairs payments during emergency period resulting from COVID–19 pandemic

(a)
In general— During the covered period, the Secretary of Veterans Affairs shall apply each of the following provisions of title 38, United States Code, by substituting for each of the dollar amounts in such provision the amount equal to 125 percent of the dollar amount that was in effect under such provision on the date of the enactment of this Act:
(1)
Subsections (l), (m), (r), and (t) of section 1114.
(2)
Paragraph (1)(E) of section 1115.
(3)
Subsection (c) of section 1311.
(4)
Subsection (g) of section 1315.
(5)
Paragraphs (1) and (2) of subsection (d) of section 1521.
(6)
Paragraphs (2) and (4) of subsection (f) of section 1521.
(b)
Treatment of amounts— Any amount payable to an individual under subsection (a) in excess of the amount otherwise in effect shall be in addition to any other benefit or any other amount payable to that individual under any provision of law referred to in subsection (a) or any other provision of law administered by the Secretary of Veterans Affairs.
(c)
Covered period— In this section, the covered period is the period that begins on the date of the enactment of this Act and ends 60 days after the last day of the emergency period (as defined in section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-5(g)(1))) resulting from the COVID–19 pandemic.

Sec. 80003 Prohibition on copayments and cost sharing for veterans receiving preventive services relating to COVID–19

(a)
Prohibition— The Secretary of Veterans Affairs may not require any copayment or other cost sharing under chapter 17 of title 38, United States Code, for qualifying coronavirus preventive services. The requirement described in this subsection shall take effect with respect to a qualifying coronavirus preventive service on the specified date.
(b)
Definitions— In this section, the terms “qualifying coronavirus preventive service” and “specified date” have the meaning given those terms in section 3203 of the CARES Act (Public Law 116–136).

Sec. 80004 Modification of calculation of amounts of per diem grants

Section 2012(a)(2)(B) of title 38, United States Code, is amended—
(1)
in clause (i), by inserting “or (iii)” after “clause (ii)”; and
(2)
by adding at the end the following new clause:

“(iii) With respect to a homeless veteran who has care of a minor dependent while receiving services from the grant recipient or eligible entity, the daily cost of care shall be the sum of the daily cost of care determined under subparagraph (A) plus, for each such minor dependent, an amount that equals 50 percent of such daily cost of care.”

Sec. 80005 Emergency treatment for veterans during COVID–19 emergency period

(a)
Emergency treatment— Notwithstanding section 1725 or 1728 of title 38, United States Code, or any other provision of law administered by the Secretary of Veterans Affairs pertaining to furnishing emergency treatment to veterans at non-Department facilities, during the period of a covered public health emergency, the Secretary of Veterans Affairs shall furnish to an eligible veteran emergency treatment at a non-Department facility in accordance with this section.
(b)
Authorization not required— The Secretary may not require an eligible veteran to seek authorization by the Secretary for emergency treatment furnished to the veteran pursuant to subsection (a).
(c)
Payment rates—
(1)
Determination— The rate paid for emergency treatment furnished to eligible veterans pursuant to subsection (a) shall be equal to the rate paid by the United States to a provider of services (as defined in section 1861(u) of the Social Security Act (42 U.S.C. 1395x(u))) or a supplier (as defined in section 1861(d) of such Act (42 U.S.C. 1395x(d))) under the Medicare program under title XI or title XVIII of the Social Security Act (42 U.S.C. 1301 et seq.), including section 1834 of such Act (42 U.S.C. 1395m), for the same treatment.
(2)
Finality— A payment in the amount payable under paragraph (1) for emergency treatment furnished to an eligible veteran pursuant to subsection (a) shall be considered payment in full and shall extinguish the veteran's liability to the provider of such treatment, unless the provider rejects the payment and refunds to the United States such amount by not later than 30 days after receiving the payment.
(d)
Claims processed by third party administrators—
(1)
Requirement— Not later than 30 days after the date of the enactment of this Act, the Secretary shall seek to award a contract to one or more entities, or to modify an existing contract, to process claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a).
(2)
Prompt payment standard— Section 1703D of title 38, United States Code, shall apply with respect to claims for payment for emergency treatment furnished to eligible veterans pursuant to subsection (a).
(e)
Primary payer— The Secretary shall be the primary payer with respect to emergency treatment furnished to eligible veterans pursuant to subsection (a), and with respect to the transportation of a veteran by ambulance. In any case in which an eligible veteran is furnished such emergency treatment for a non-service-connected disability described in subsection (a)(2) of section 1729 of title 38, United States Code, the Secretary shall recover or collect reasonable charges for such treatment from a health plan contract described in such section 1729 in accordance with such section.
(f)
Application— This section shall apply to emergency treatment furnished to eligible veterans during the period of a covered public health emergency, regardless of whether treatment was furnished before the date of the enactment of this Act.
(g)
Definitions— In this section:
(1)
The term “covered public health emergency” means the declaration—
(A)
of a public health emergency, based on an outbreak of COVID–19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
(B)
of a domestic emergency, based on an outbreak of COVID–19 by the President, the Secretary of Homeland Security, or a State or local authority.
(2)
The term “eligible veteran” means a veteran enrolled in the health care system established under section 1705 of title 38, United States Code.
(3)
The term “emergency treatment” means medical care or services rendered in a medical emergency of such nature that a prudent layperson reasonably expects that delay in seeking immediate medical attention would be hazardous to life or health.
(4)
The term “non-Department facility” has the meaning given that term in section 1701 of title 38, United States Code.

Sec. 80006 Flexibility for the Secretary of Veterans Affairs in caring for homeless veterans during a covered public health emergency

(a)
General support—
(1)
Use of funds— During a covered public health emergency, the Secretary of Veterans Affairs may use amounts appropriated or otherwise made available to the Department of Veterans Affairs to carry out sections 2011, 2012, and 2061 of title 38, United States Code, to provide to homeless veterans the following:
(A)
Food.
(B)
Shelter.
(C)
Basic supplies (such as clothing, blankets, and toiletry items).
(D)
Transportation.
(E)
Communications equipment and required capabilities (such as smartphones, disposable phones, and phone service plans).
(F)
Such other assistance as the Secretary determines appropriate.
(2)
Homeless veterans on land of the Department—
(A)
Use of revolving fund— During a covered public health emergency, the Secretary may use amounts in the revolving fund under section 8109(h) of title 38, United States Code, to alter parking facilities of the Department to facilitate the use of such facilities as temporary shelter locations for homeless veterans.
(B)
Partnerships— During a covered public health emergency, the Secretary may partner with one or more organizations to manage land of the Department used by homeless veterans for sleeping.
(C)
Equipment— During a covered public health emergency, the Secretary shall not be responsible for furnishing outdoor equipment necessary for sleeping on land of the Department.
(b)
Grant and Per Diem Program—
(1)
Maximum per diem rate— Notwithstanding paragraph (2) of section 2012(a) of title 38, United States Code, during a covered public health emergency, the maximum rate of per diem authorized under such section is 300 percent of the rate authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of such title, as the Secretary may increase from time to time under subsection (c) of that section.
(2)
Use of per diem payments— During a covered public health emergency, a recipient of a grant or an eligible entity under the grant and per diem program of the Department (in this subsection referred to as the “program”) may use per diem payments under sections 2012 and 2061 of title 38, United States Code, to provide food and basic supplies for—
(A)
homeless veterans in the program; and
(B)
formerly homeless veterans in the community who experienced homelessness during the one-year period ending on the date of the enactment of this Act.
(3)
Additional transitional housing—
(A)
In general— During a covered public health emergency, the Secretary may provide amounts for grants and per diem payments under the program for additional transitional housing beds to facilitate access to housing and services provided to homeless veterans.
(B)
Notice; competition; period of performance— The Secretary may provide amounts under subparagraph (A)—
(i)
without notice or competition; and
(ii)
for a period of performance determined by the Secretary.
(4)
Inspections and Life Safety Code requirements—
(A)
In general— During a covered public health emergency, the Secretary may waive any requirement under subsection (b) or (c) of section 2012 of title 38, United States Code, in order to allow the recipient of a grant or an eligible entity under the program—
(i)
to quickly identify temporary alternate sites of care for homeless veterans that are suitable for habitation;
(ii)
to facilitate social distancing or isolation needs; or
(iii)
to facilitate activation or continuation of a program for which a grant has been awarded.
(B)
Limitation— The Secretary may waive a requirement pursuant to the authority provided by subparagraph (A) with respect to a facility of a recipient of a grant or an eligible entity under the program only if the facility meets applicable local safety requirements, including fire safety requirements.
(c)
Health care for homeless veterans—
(1)
Community-based treatment facilities— During a covered public health emergency, the Secretary may use amounts as authorized under subsection (a)(1) notwithstanding any requirement under subsection (a)(2) of section 2031 of title 38, United States Code, that community-based treatment facilities provide care, treatment, and rehabilitative services to veterans described in such section.
(2)
Report to Congress on reduction of care, treatment, and rehabilitative services— During a covered public health emergency, if the Secretary reduces the care, treatment, and rehabilitative services provided to homeless veterans under section 2031(a)(2) of title 38, United States Code, the Secretary shall submit to Congress monthly reports on the reduction of such care, treatment, and services for the duration of the covered public health emergency.
(3)
Inspection and Life Safety Code requirements—
(A)
In general— During a covered public health emergency, the Secretary may waive any inspection or life safety code requirement under subsection (c) of section 2032 of title 38, United States Code—
(i)
to allow quick identification of temporary alternate sites of care for homeless veterans that are suitable for habitation;
(ii)
to facilitate social distancing or isolation needs; or
(iii)
to facilitate the operation of housing under such section.
(B)
Limitation— The Secretary may waive a requirement pursuant to the authority provided by subparagraph (A) with respect to a residence or facility referred to in such section 2032 only if the residence or facility, as the case may be, meets applicable local safety requirements, including fire safety requirements.
(d)
Access of homeless veterans to Department of Veterans Affairs telehealth services— During a covered public health emergency, the Secretary may make available telehealth capabilities to homeless veterans who—
(1)
are receiving services provided under chapter 20 of title 38, United States Code; or
(2)
are participating in a program under such chapter.
(e)
Definitions— In this section:
(1)
Covered public health emergency— The term covered public health emergency means an emergency with respect to COVID–19 declared by a Federal, State, or local authority.
(2)
Homeless veteran; veteran— The terms homeless veteran and veteran have the meanings given those terms in section 2002 of title 38, United States Code.
(3)
Parking facility— The term parking facility has the meaning given that term in section 8109(a) of such title.
(4)
Telehealth—
(A)
In general— The term telehealth means the use of electronic information and telecommunications technologies to support and promote long-distance clinical health care, patient and professional health-related education, public health, and health administration.
(B)
Technologies— For purposes of subparagraph (A), telecommunications technologies include video conferencing, the internet, streaming media, and terrestrial and wireless communications.

Sec. 80007 HUD–VASH program

The Secretary of Housing and Urban Development shall take such actions with respect to the supported housing program carried out under section 8(o)(19) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)(19)) in conjunction with the Department of Veterans Affairs (commonly referred to as “HUD–VASH”), and shall require public housing agencies administering assistance under such program to take such actions, as may be appropriate to facilitate the issuance and utilization of vouchers for rental assistance under such program during the period of the covered public health emergency (as such term is defined in section 1 of this Act), including the following actions:
(1)
Establishing mechanisms and procedures providing for referral and application documents used under such program to be received by fax, electronic mail, drop box, or other means not requiring in-person contact.
(2)
Establishing mechanisms and procedures for processing applications for participation in such program that do not require identification or verification of identity by social security number or photo ID in cases in which closure of governmental offices prevents confirmation or verification of identity by such means.
(3)
Providing for waiver of requirements to conduct housing quality standard inspections with respect to dwelling units for which rental assistance is provided under such program.

Sec. 80008 Extension of lease protections for servicemembers under stop movement orders in response to local, national, or global emergency

(a)
Termination— Subsection (a)(1) of section 305 of the Servicemembers Civil Relief Act (50 U.S.C. 3955) is amended—
(1)
in subparagraph (A), by striking “; or” and inserting a semicolon;
(2)
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(3)
by adding at the end the following new subparagraph:

“(C) the date of the lessee's stop movement order described in paragraph (1)(C) or (2)(C) of subsection (b), as the case may be.”

(b)
Covered leases—
(1)
Leases of premises— Paragraph (1) of subsection (b) of such section is amended—
(A)
in subparagraph (A), by striking “; or” and inserting a semicolon;
(B)
in subparagraph (B), by striking the period at the end and inserting “; or”; and
(C)
by adding at the end the following new subparagraph:

“(C) the servicemember, while in military service—

“(i) executes a lease upon receipt of military orders for a permanent change of station or to deploy with a military unit, or as an individual in support of a military operation, for a period of not less than 90 days; and

“(ii) thereafter receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember or servicemember's dependents from occupying the lease for a residential, professional, business, agricultural, or similar purpose.”

(2)
Leases of motor vehicles— Paragraph (2) of such subsection is amended—
(A)
in subparagraph (A), by striking “; or” and inserting a semicolon;
(B)
in subparagraph (B)(ii), by striking the period at the end and inserting “; or”; and
(C)
by adding at the end the following new subparagraph:

“(C) the servicemember, while in military service—

“(i) executes a lease upon receipt of military orders described in subparagraph (B); and

“(ii) thereafter receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember, or the servicemember's dependents, from using the vehicle for personal or business transportation.”

(c)
Effective date of termination— Paragraph (1) of subsection (d) of such section is amended to read as follows:

“(1) Lease of premises

“(A) Entrance to military service, permanent change of station, or deployment—In the case of a lease described in subparagraph (A) or (B) of subsection (b)(1) that provides for monthly payment of rent, termination of the lease under subsection (a) is effective 30 days after the first date on which the next rental payment is due and payable after the date on which the notice under subsection (c) is delivered. In the case of any other lease described in subparagraphs (A) and (B) of subsection (b)(1) termination of the lease under subsection (a) is effective on the last day of the month following the month in which the notice is delivered.

“(B) Stop movement orders—In the case of a lease described in subsection (b)(1)(C), termination of the lease under subsection (a) is effective on the date on which the requirements of subsection (c) are met for such termination.”

(d)
Technical correction— Subsection (i) is amended, in the matter before paragraph (1), by inserting “In this section:” after “Definitions.—”.
(e)
Retroactive application— The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020.

Sec. 80009 Termination of telephone, multichannel video programming, and internet access service contracts by servicemembers who enter into contracts after receiving military orders for permanent change of station but then receive stop movement orders due to an emergency situation

(a)
In general— Section 305A(a)(1) of the Servicemembers Civil Relief Act (50 U.S.C. 3956) is amended—
(1)
by striking “after the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract.” and inserting “after—”; and
(2)
by adding at the end the following new subparagraphs:

“(A) the date the servicemember receives military orders to relocate for a period of not less than 90 days to a location that does not support the contract; or

“(B) the date the servicemember, while in military service, receives military orders for a permanent change of station, thereafter enters into the contract, and then after entering into the contract receives a stop movement order issued by the Secretary of Defense in response to a local, national, or global emergency, effective for an indefinite period or for a period of not less than 30 days, which prevents the servicemember from using the services provided under the contract.”

(b)
Retroactive application— The amendments made by this section shall apply to stop movement orders issued on or after March 1, 2020.

Sec. 80010 Termination of contracts for telephone, multichannel video programming, or internet access service by certain individuals under Servicemembers Civil Relief Act

Section 305A(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3956(a)) is amended by adding at the end the following new paragraph:

“(4) Additional individuals covered—For purposes of this section, the following individuals shall be treated as a servicemember covered by paragraph (1):

“(A) A spouse or dependent of a servicemember who dies while in military service or a spouse or dependent of a member of the reserve components who dies while performing duty described in subparagraph (C).

“(B) A spouse or dependent of a servicemember who incurs a catastrophic injury or illness (as that term is defined in section 439(g) of title 37, United States Code), if the servicemember incurs the catastrophic injury or illness while in military service or performing duty described in subparagraph (C).

“(C) A member of the reserve components performing military service or performing full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”

Sec. 80011 Clarification of termination of leases of premises and motor vehicles of servicemembers who incur catastrophic injury or illness or die while in military service

(a)
Catastrophic injuries and illnesses— Paragraph (4) of section 305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)), as added by section 545 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended to read as follows:

“(4) Catastrophic injury or illness of lessee

“(A) Termination—If the lessee on a lease described in subsection (b) incurs a catastrophic injury or illness during a period of military service or while performing covered service, during the one-year period beginning on the date on which the lessee incurs such injury or illness—

“(i) the lessee may terminate the lease; or

“(ii) in the case of a lessee who lacks the mental capacity to contract or to manage his or her own affairs (including disbursement of funds without limitation) due to such injury or illness, the spouse or dependent of the lessee may terminate the lease.

“(B) Definitions—In this paragraph:

“(i) The term catastrophic injury or illness has the meaning given that term in section 439(g) of title 37, United States Code.

“(ii) The term covered service means full-time National Guard duty, active Guard and Reserve duty, or inactive-duty training (as such terms are defined in section 101(d) of title 10, United States Code).”

(b)
Deaths— Paragraph (3) of such section is amended by striking “The spouse of the lessee” and inserting “The spouse or dependent of the lessee”.

Sec. 80012 Deferral of certain debts arising from benefits under laws administered by the Secretary of Veterans Affairs

(a)
In general— During the covered period, the Secretary of Veterans Affairs may not—
(1)
take any action to collect a covered debt (including the offset of any payment by the Secretary);
(2)
record a covered debt;
(3)
issue notice of a covered debt to a person or a consumer reporting agency;
(4)
allow any interest to accrue on a covered debt; or
(5)
apply any administrative fee to a covered debt.
(b)
Exception— Notwithstanding subsection (a), the Secretary may collect a payment regarding a covered debt (including interest or any administrative fee) from a person (or the fiduciary of that person) who elects to make such a payment during the covered period.
(c)
Definitions— In this section:
(1)
The term consumer reporting agency has the meaning given that term in section 5701 of title 38, United States Code.
(2)
The term covered debt means a debt—
(A)
owed by a person (including a fiduciary) to the United States;
(B)
arising from a benefit under a covered law; and
(C)
that is not subject to recovery under—
(i)
section 3729 of title 31, United States Code;
(ii)
section 1729 of title 38, United States Code; or
(iii)
Public Law 87–693 (42 U.S.C. 2651).
(3)
The term covered law means any law administered by the Secretary of Veterans Affairs through—
(A)
the Under Secretary for Health; or
(B)
the Under Secretary for Benefits.
(4)
The term covered period means—
(A)
the COVID–19 emergency period; and
(B)
the 60 days immediately following the date of the end of the COVID–19 emergency period.
(5)
The term COVID–19 emergency period means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)).

Sec. 80013 Tolling of deadlines relating to claims for benefits administered by Secretary of Veterans Affairs

(a)
Required tolling— With respect to claims and appeals made by a claimant, the covered period shall be excluded in computing the following:
(1)
In cases where an individual expresses an intent to file a claim, the period in which the individual is required to file the claim in order to have the effective date of the claim be determined based on the date of such intent, as described in section 3.155(b)(1) of title 38, Code of Federal Regulations.
(2)
The period in which the claimant is required to take an action pursuant to section 5104C of title 38, United States Code.
(3)
The period in which the claimant is required to appeal a change in service-connected or employability status or change in physical condition described in section 5112(b)(6) of such title.
(4)
The period in which an individual is required to file a notice of appeal under section 7266 of such title.
(5)
Any other period in which a claimant or beneficiary is required to act with respect to filing, perfecting, or appealing a claim, as determined appropriate by the Secretary of Veterans Affairs.
(b)
Use of postmark dates— With respect to claims filed using nonelectronic means and appeals made during the covered period, the Secretary of Veterans Affairs and the Court of Appeals for Veterans Claims, as the case may be, shall administer the provisions of title 38, United States Code, as follows:
(1)
In section 5110—
(A)
in subsection (a)—
(i)
in paragraph (1), by substituting “the earlier of the date of receipt of application therefor and the date of the postmark or other official proof of mailing date of the application therefor” for “the date of receipt of application therefor”; and
(ii)
in paragraph (3), by substituting “the earlier of the date of receipt of the supplemental claim and the date of the postmark or other official proof of mailing date of the supplemental claim” for “the date of receipt of the supplemental claim”; and
(B)
in subsection (b)(2)(A), by substituting “the earlier of the date of receipt of application and the date of the postmark or other official proof of mailing date of the application” for “the date of receipt of the application”.
(2)
In section 7266, without regard to subsection (d).
(c)
Definitions— In this section:
(1)
The term claimant has the meaning given that term in section 5100 of title 38, United States Code.
(2)
The term covered period means the period beginning on the date of the emergency period (as defined in section 1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-5(g)(1))) resulting from the COVID–19 pandemic and ending 90 days after the last day of such emergency period.

Sec. 80014 Provision of Department of Veterans Affairs hospital care and medical services to certain veterans who are unemployed or lost employer-sponsored health care coverage by reason of a covered public health emergency

(a)
In general— During the 12-month period beginning on the date on which a covered veteran applies for hospital care or medical services under this section, the Secretary of Veterans Affairs shall consider the covered veteran to be unable to defray the expenses of necessary care for purposes of section 1722 of title 38, United States Code, and shall furnish to such veteran hospital care and medical services under chapter 17 of title 38, United States Code.
(b)
Covered veteran— For purposes of this section, a covered veteran is a veteran—
(1)
who—
(A)
is unemployed; or
(B)
has lost access to a group health plan or group health insurance coverage by reason of a covered public health emergency; and
(2)
whose projected attributable income for the 12-month period beginning on the date of application for hospital care or medical services under this section is not more than the amount in effect under section 1722(b) of title 38, United States Code.
(c)
Definitions— In this section:
(1)
The term covered public health emergency means the declaration—
(A)
of a public health emergency, based on an outbreak of COVID–19 by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or
(B)
of a domestic emergency, based on an outbreak of COVID–19 by the President, the Secretary of Homeland Security, or State, or local authority.
(2)
The terms group health plan and group health insurance coverage have the meaning given such terms in section 2701 of the Public Health Service Act (42 U.S.C. 300gg-3).

Sec. 80015 Expansion of Vet Center services to veterans and members of the Armed Forces who perform certain service in response to covered public health emergency

Section 1712A of title 38, United States Code, is amended—
(1)
by striking “clauses (i) through (iv)” both places it appears and inserting “clauses (i) through (v)”;
(2)
by striking “in clause (v)” both places it appears and inserting “in clause (vi)”;
(3)
in subsection (a)(1)(C)—
(A)
by redesignating clauses (iv) and (v) as clauses (v) and (vi), respectively; and
(B)
by inserting after clause (iii) the following new clause (iv):

“(iv) Any individual who is a veteran or member of the Armed Forces (including the reserve components), who, in response to a covered public health emergency, performed active service or State active duty for a period of at least 14 days.”

(4)
in subsection (h), by adding at the end the following new paragraphs:

“(4) The term active service has the meaning given that term in section 101 of title 10.

“(5) The term covered public health emergency means the declaration—

“(A) of a public health emergency, based on an outbreak of COVID–19, by the Secretary of Health and Human Services under section 319 of the Public Health Service Act (42 U.S.C. 247d); or

“(B) of a domestic emergency, based on an outbreak of COVID–19, by the President, the Secretary of Homeland Security, or a State or local authority.”