Title IV — Navy Seal Bill Mulder

Ҥ 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—

“(1) a period of active duty performed—

“(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and

“(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020; or

“(2) training duty under title 10 or full-time National Guard duty (as defined in section 101 of title 10), performed under orders issued on or after March 13, 2020—

“(A) during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.); and

“(B) before the date that is three years after the date of the enactment of the Johnny Isakson and David P. Roe, M.D. Veterans Health Care and Benefits Improvement Act of 2020.

“(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.”

“1164. Presumptions of service-connection for Coronavirus Disease 2019.”.

Ҥ 2022A. Legal services for homeless veterans and veterans at risk for homelessness

“(a) Grants.—Subject to the availability of appropriations provided for such purpose, the Secretary shall award grants to eligible entities that provide legal services to homeless veterans and veterans at risk for homelessness.

“(b) Criteria.—

(1) The Secretary shall—

“(A) establish criteria and requirements for grants under this section, including criteria for entities eligible to receive such grants; and

“(B) publish such criteria and requirements in the Federal Register.

“(2) In establishing criteria and requirements under paragraph (1), the Secretary shall—

“(A) take into consideration any criteria and requirements needed with respect to carrying out this section in rural communities, on trust lands, and in the territories and possessions of the United States; and

“(B) consult with organizations that have experience in providing services to homeless veterans, including—

“(i) veterans service organizations;

“(ii) the Equal Justice Works AmeriCorps Veterans Legal Corps; and

“(iii) such other organizations as the Secretary determines appropriate.

“(c) Eligible Entities.—The Secretary may award a grant under this section to an entity applying for such a grant only if the applicant for the grant—

“(1) is a public or nonprofit private entity with the capacity (as determined by the Secretary) to effectively administer a grant under this section;

“(2) demonstrates that adequate financial support will be available to carry out the services for which the grant is sought consistent with the application;

“(3) agrees to meet the applicable criteria and requirements established under subsection (b)(1); and

“(4) has, as determined by the Secretary, demonstrated the capacity to meet such criteria and requirements.

“(d) Use of Funds.—Grants under this section shall be used to provide homeless veterans and veterans at risk for homelessness the following legal services:

“(1) Legal services relating to housing, including eviction defense, representation in landlord-tenant cases, and representation in foreclosure cases.

“(2) Legal services relating to family law, including assistance in court proceedings for child support, divorce, estate planning, and family reconciliation.

“(3) Legal services relating to income support, including assistance in obtaining public benefits.

“(4) Legal services relating to criminal defense, including defense in matters symptomatic of homelessness, such as outstanding warrants, fines, and driver’s license revocation, to reduce recidivism and facilitate the overcoming of reentry obstacles in employment or housing.

“(5) Legal services relating to requests to upgrade the characterization of a discharge or dismissal of a former member of the Armed Forces under section 1553 of title 10.

“(6) Such other legal services as the Secretary determines appropriate.

“(e) Funds for Women Veterans.—For any fiscal year, not less than 10 percent of the amount authorized to be appropriated for grants under this section shall be used to provide legal services described in subsection (d) to women veterans.

“(f) Locations.—To the extent practicable, the Secretary shall award grants under this section to eligible entities in a manner that is equitably distributed across the geographic regions of the United States, including with respect to—

“(1) rural communities;

“(2) trust lands (as defined in section 3765 of this title);

“(3) Native Americans; and

“(4) tribal organizations (as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304)).

“(g) Biennial Reports.—

(1) Not less frequently than once every two years, the Secretary shall submit to the Committee on Veterans’ Affairs of the Senate and the Committee on Veterans’ Affairs of the House of Representatives a report on grants awarded under this section.

“(2) To the extent feasible, each report required by paragraph (1) shall include the following with respect to the period covered by the report:

“(A) The number of homeless veterans and veterans at risk for homelessness assisted.

“(B) A description of the legal services provided.

“(C) A description of the legal matters addressed.

“(D) An analysis by the Secretary with respect to the operational effectiveness and cost-effectiveness of the services provided.”

“2022A. Legal services for homeless veterans and veterans at risk for homelessness.”.

“(2)

(A)

(i) Except as otherwise provided in subparagraph (B), the rate for such per diem payments shall be the daily cost of care estimated by the grant recipient or eligible entity adjusted by the Secretary under clause (ii).

“(ii)

(I) The Secretary shall adjust the rate estimated by the grant recipient or eligible entity under clause (i) to exclude other sources of income described in subclause (III) that the grant recipient or eligible entity certifies to be correct.

“(II) Each grant recipient or eligible entity shall provide to the Secretary such information with respect to other sources of income as the Secretary may require to make the adjustment under subclause (I).

“(III) The other sources of income referred to in subclauses (I) and (II) are payments to the grant recipient or eligible entity for furnishing services to homeless veterans under programs other than under this subchapter, including payments and grants from other departments and agencies of the United States, from departments or agencies of State or local government, and from private entities or organizations.

“(iii) For purposes of calculating the rate for per diem payments under clause (i), in the case of 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 of the homeless veteran shall be the sum of the daily cost of care of the homeless veteran determined under clause (i) plus, for each such minor dependent, an amount that equals 50 percent of such daily cost of care.

“(B)

(i)

(I) Except as provided in clause (ii), and subject to the availability of appropriations, the Secretary may adjust the rate for per diem payments under this paragraph, as the Secretary considers appropriate.

“(II) Any adjustment made under this clause—

“(aa) may not result in a rate that—

“(AA) is lower than the rate in effect under this paragraph as in effect immediately preceding the date of the enactment of the Navy SEAL Bill Mulder Act of 2020; or

“(BB) exceeds the rate that is 115 percent of the rate authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of this title, as the Secretary may increase from time to time under subsection (c) of that section; and

“(bb) may be determined on the basis of locality.

“(ii) In the case of services furnished to a homeless veteran who is placed in housing that will become permanent housing for the veteran upon termination of the furnishing of such services to such veteran, the maximum rate of per diem authorized under this section is 150 percent of the rate authorized for State homes for domiciliary care under subsection (a)(1)(A) of section 1741 of this title, as the Secretary may increase from time to time under subsection (c) of that section.”

“(e) Reimbursement of Entities for Certain Fees.—The Secretary may reimburse a recipient of a grant under section 2011, 2013, or 2061 of this title or a recipient of per diem payments under this section for fees charged to that grant or per diem payment recipient for the use of the homeless management information system described in section 402(f) of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11360a(f))—

“(1) in amounts the Secretary determines to be reasonable; and

“(2) if the Secretary determines that the grant or per diem payment recipient is unable to obtain information contained in such system through other means and at no cost to the grant or per diem payment recipient.”

“(i) Prohibition on Certain Accounting of Assistance.—The Secretary may not consider enrollment in a high technology program of education under this section to be assistance under a provision of law referred to in section 3695 of title 38, United States Code.”