Division B — Other Matters

S. 4320 · 116th Congress · Jul 27, 2020 · Lineage

B Other Matters

Sec. 101

(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:

“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:

Sec. 102

(a)

Issuance of notes by Secretary of Homeland Security— The Secretary of Homeland Security is authorized to issue to the Secretary of the Treasury from time to time and have outstanding at any one time, in an amount not exceeding $1,222,000,000, notes or other obligations in such forms and denominations, bearing such maturities, and subject to such terms and conditions as may be prescribed by the Secretary of Homeland Security with the approval of the Secretary of the Treasury. Such notes or other obligations shall bear interest at a rate determined by the Secretary of the Treasury, taking into consideration the current average market yield on outstanding marketable obligations of the United States of comparable maturities during the month preceding the issuance of such notes or other obligations. The Secretary of the Treasury is authorized and directed to purchase any notes and other obligations to be issued under this subsection and for such purpose he is authorized to use as a public debt transaction the proceeds from the sale of any securities issued under chapter 31 of title 31, and the purposes for which securities may be issued under such chapter are extended to include any purchases of such notes and obligations. The Secretary of the Treasury may at any time sell any of the notes or other obligations acquired by him under this section. All redemptions, purchases, and sales by the Secretary of the Treasury of such notes or other obligations shall be treated as public debt transactions of the United States.

(b)

Deposit of borrowed funds— Any funds borrowed by the Secretary of Homeland Security under the authority provided by subsection (a) shall, from time to time, be deposited in the Immigration Examinations Fee Account established pursuant to section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), and shall remain available only to U.S. Citizenship and Immigration Services for purposes described in section 286(n) of such Act (8 U.S.C. 1356(n)).

(c)

Schedule of repayments— Upon the exercise of the authority established under subsection (a), the Secretary of Homeland Security shall transmit a schedule for repayment of such amounts to—

(1)

the Secretary of the Treasury;

(2)

the Committees on the Judiciary of the Senate and the House of Representatives;

(3)

the Committee on Homeland Security of the House of Representatives; and

(4)

the Committee on Homeland Security and Governmental Affairs of the Senate.

(d)

Reports on repayment— In connection with any funds borrowed by the Secretary of Homeland Security under the authority established in subsection (a), the Secretary, beginning 6 months after the date on which such funds are borrowed, and continuing every 6 months thereafter until such borrowed funds are fully repaid, shall submit a report on the progress of such repayment to the Secretary of the Treasury and to the Committees described in subsection (c).

(e)

Citizenship and immigration services surcharge—

(1)

Subject to paragraphs (2) and (4), any applicant paying a fee authorized by the Secretary of Homeland Security under section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) shall pay a surcharge in addition to each such fee. The surcharge shall be 10 percent of such fee rounded up to the nearest dollar.

(2)

Notwithstanding any other provision of law, including the Administrative Procedure Act (5 U.S.C. 551 et seq.) and the Paperwork Reduction Act (44 U.S.C. 3501 et seq.), beginning 60 days after any exercise of the authority provided in subsection (a), the Secretary of Homeland Security shall begin collecting the surcharge prescribed by this section and shall reject any benefit request submitted without payment for such surcharge, if applicable. Notwithstanding any other provision of law, including the provisions of section 286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)) regarding payment of certain fees to the treasury of Guam or the Virgin Islands and section 286(n) of such Act (8 U.S.C. 1356(n)), the Secretary shall use all surcharges collected under this subsection to repay funds borrowed under subsection (a).

(3)

Other than surcharges collected under this subsection, no funds available to the Department of Homeland Security under section 286(m) and (n) of the Immigration and Nationality Act (8 U.S.C. 1356(m) and (n)) or under any other law may be used to repay funds borrowed under subsection (a).

(4)

The Secretary of Homeland Security shall cease to collect any surcharge under this subsection when all repayment obligations under subsections (a) and (c) have been satisfied.

(f)

Sunset of Authority— The authority granted to the Secretary of Homeland Security under subsection (a) shall expire on September 30, 2021.

Sec. 103

There is appropriated, out of amounts in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2020, and in addition to any other amounts made available for such purpose, $1,000,000,000, for an additional amount under the heading “Federal Communications Commission—Secure and Trusted Communications Networks Reimbursement Program”, to remain available until expended, to carry out the Secure and Trusted Communications Networks Act of 2019 (47 U.S.C. 1601 et seq.), of which $995,000,000 shall be to carry out the program established under section 4 of that Act (47 U.S.C. 1603).

Sec. 104

(a)

In general— The amounts provided under this division are 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)).

(b)

Designation in senate— In the Senate, this division 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.

(c)

Classification of budgetary effects— Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division—

(1)

shall not be estimated for purposes of section 251 of such Act;

(2)

shall not be estimated for purposes of paragraph (4)(C) of section 3 of the Statutory Pay As-You-Go Act of 2010 as being included in an appropriation Act; and

(3)

shall be treated as if they were contained in a PAYGO Act, as defined by section 3(7) of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 932(7)).