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Division G — Accountability and Government Operations

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

G Accountability and Government Operations

I Accountability

Sec. 70101 Membership of the pandemic response accountability committee

Section 15010(c) of the CARES Act (Public Law 116–136) is amended—
(1)
in paragraph (1), by striking “and (D)” and inserting “(D), and (E)”; and
(2)
in paragraph (2)(E), by inserting “of the Council” after “Chairperson”.

Sec. 70102 Congressional notification of change in status of inspector general

(a)
Change in status of Inspector General of offices— Section 3(b) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1)
by inserting “, is placed on paid or unpaid non-duty status,” after “is removed from office”;
(2)
by inserting “, change in status,” after “any such removal”; and
(3)
by inserting “, change in status,” after “before the removal”.
(b)
Change in status of Inspector General of designated Federal entities— Section 8G(e)(2) of the Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1)
by inserting “, is placed on paid or unpaid non-duty status,” after “office”;
(2)
by inserting “, change in status,” after “any such removal”; and
(3)
by inserting “, change in status,” after “before the removal”.
(c)
Effective date— The amendments made by this section shall take effect 30 days after the date of the enactment of this Act.

Sec. 70103 Presidential explanation of failure to nominate an inspector general

(a)
In general— Subchapter III of chapter 33 of title 5, United States Code, is amended by inserting after section 3349d the following new section:

“3349e. Presidential explanation of failure to nominate an Inspector General

“If the President fails to make a formal nomination for a vacant Inspector General position that requires a formal nomination by the President to be filled within the period beginning on the date on which the vacancy occurred and ending on the day that is 210 days after that date, the President shall communicate, within 30 days after the end of such period, to Congress in writing—

“(1) the reasons why the President has not yet made a formal nomination; and

“(2) a target date for making a formal nomination.”

(b)
Clerical amendment— The table of sections for chapter 33 of title 5, United States Code, is amended by inserting after the item relating to 3349d the following new item:
(c)
Effective date— The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply to any vacancy first occurring on or after that date.

Sec. 70104 Inspector General independence

(a)
Short title— This section may be cited as the “Inspector General Independence Act”.
(b)
Amendment— The Inspector General Act of 1978 (5 U.S.C. App.) is amended—
(1)
in section 3(b)—
(A)
by striking “An Inspector General” and inserting “(1) An Inspector General”;
(B)
by inserting after “by the President” the following: “in accordance with paragraph (2)”; and
(C)
by inserting at the end the following new paragraph:

“(2) The President may remove an Inspector General only for any of the following grounds:

“(A) Permanent incapacity.

“(B) Inefficiency.

“(C) Neglect of duty.

“(D) Malfeasance.

“(E) Conviction of a felony or conduct involving moral turpitude.

“(F) Knowing violation of a law, rule, or regulation.

“(G) Gross mismanagement.

“(H) Gross waste of funds.

“(I) Abuse of authority.”

(2)
in section 8G(e)(2), by adding at the end the following new sentence: "An Inspector General may be removed only for any of the following grounds:

“(A) Permanent incapacity.

“(B) Inefficiency.

“(C) Neglect of duty.

“(D) Malfeasance.

“(E) Conviction of a felony or conduct involving moral turpitude.

“(F) Knowing violation of a law, rule, or regulation.

“(G) Gross mismanagement.

“(H) Gross waste of funds.

“(I) Abuse of authority.”

Sec. 70105 USPS Inspector General oversight responsibilities

The Inspector General of the United States Postal Service shall—
(1)
conduct oversight, audits, and investigations of projects and activities carried out with funds provided in division A of this Act to the United States Postal Service; and
(2)
not less than 90 days after the Postal Service commences use of funding provided by division A of this Act, and annually thereafter, initiate an audit of the Postal Service’s use of appropriations and borrowing authority provided by any division of this Act, including the use of funds to cover lost revenues, costs due to COVID–19, and expenditures, and submit a copy of such audit to the Committee on Homeland Security and Governmental Affairs of the Senate, the Committee on Oversight and Reform of the House of Representatives, and the Committees on Appropriations of the House of Representatives and the Senate.

II Census Matters

Sec. 70201 Modification of 2020 census deadlines and tabulation of population

(a)
Deadline modification— Notwithstanding the timetables provided in sections 141(b) and (c) of title 13, United States Code, and section 22(a) of the Act entitled “An Act to provide for the fifteenth and subsequent decennial censuses and to provide for an apportionment of Representatives in Congress”, approved June 18, 1929 (2 U.S.C. 2a(a)), for the 2020 decennial census of the population—
(1)
the tabulation of total population by States required by section 141(a) of such title for the apportionment of Representatives in Congress among the several States shall be completed and reported by the Secretary to the President within 13 months after the decennial census date of April 1, 2020, and shall be made public by the Secretary no later than the date on which it is reported to the President;
(2)
the President shall transmit to the Congress a statement showing the whole number of persons in each State, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives, as required by such section 22(a), and determined solely as described therein, within 14 days after receipt of the tabulation reported by the Secretary; and
(3)
the tabulations of populations required by section 141(c) of such title shall be completed by the Secretary as expeditiously as possible after the census date of April 1, 2020, taking into account each State’s deadlines for legislative apportionment or districting, and reported to the Governor of the State involved and to the officers or public bodies having responsibility for legislative apportionment or districting of such State, except that such tabulations of population of each State requesting a tabulation plan, and basic tabulations of population of each other State, shall be completed, reported, and transmitted to each respective State within 16 months after the decennial census date of April 1, 2020.
(b)
Quality— Data products and tabulations produced by the Bureau of the Census pursuant to sections 141(b) or (c) of title 13, United States Code, in connection with the 2020 decennial census shall meet the same or higher data quality standards as similar products produced by the Bureau of the Census in connection with the 2010 decennial census.

Sec. 70202 Reporting requirements for 2020 census

On the first day of each month during the period between the date of enactment of this Act and July 1, 2021, the Director of the Bureau of the Census shall submit, to the Committee on Oversight and Reform of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committees on Appropriations of the House and the Senate, a report regarding the 2020 decennial census of population containing the following information:
(1)
The total number of field staff, sorted by category, hired by the Bureau compared to the number of field staff the Bureau estimated was necessary to carry out such census.
(2)
Retention rates of such hired field staff.
(3)
Average wait time for call center calls and average wait time for each language provided.
(4)
Anticipated schedule of such census operations.
(5)
Total tabulated responses, categorized by race and Hispanic origin.
(6)
Total appropriations available for obligation for such census and a categorized list of total disbursements.
(7)
Non-Response Follow-Up completion rates by geographic location.
(8)
Update/Enumerate and Update/Leave completion rates by geographic location.
(9)
Total spending to date on media, advertisements, and partnership specialists, including a geographic breakdown of such spending.
(10)
Post-enumeration schedule and subsequent data aggregation and delivery progress.

Sec. 70203 Providing Bureau of the Census access to information from institutions of higher education

(a)
In general— Notwithstanding any other provision of law, including section 444 of the General Education Provisions Act (commonly known as the “Family Educational Rights and Privacy Act of 1974”), an institution of higher education may, in furtherance of a full and accurate decennial census of population count, provide to the Bureau of the Census information requested by the Bureau for purposes of enumeration for the 2020 decennial census of population.
(b)
Application—
(1)
Information— Only information requested on the official 2020 decennial census of population form may be provided to the Bureau of the Census pursuant to this section. No institution of higher education may provide any information to the Bureau on the immigration or citizenship status of any individual.
(2)
Notice required— Before information can be provided to the Bureau, the institution of higher education shall give public notice of the categories of information which it plans to provide and shall allow 10 days after such notice has been given for a student to inform the institution that any or all of the information designated should not be released without the student’s prior consent. No institution of higher education shall provide the Bureau with the information of any individual who has objected to the provision of such information.
(3)
Use of information— Information provided to the Bureau pursuant to this section may only be used for the purposes of enumeration for the 2020 decennial census of population.
(c)
Definition of institution of higher education— In this section, the term institution of higher education has the meaning given that term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).
(d)
Sunset— The authority provided in this section shall expire at the conclusion of 2020 census operations.

Sec. 70204 Limitation on tabulation of certain data

(a)
Limitation— The Bureau of the Census may not compile or produce any data product or tabulation as part of, in combination with, or in connection with, the 2020 decennial census of population or any such census data produced pursuant to section 141(c) of title 13, United States Code, that is based in whole or in part on data that is not collected in such census.
(b)
Exception— The limitation in subsection (a) shall not apply to any data product or tabulation that is required by sections 141(b) or (c) of such title, that uses the same or substantially similar methodology and data sources as a decennial census data product produced by the Bureau of the Census before January 1, 2019, or that uses a methodology and data sources that the Bureau of the Census finalized and made public prior to January 1, 2018.

III Federal Workforce

Sec. 70301 COVID–19 teleworking requirements for Federal employees

(a)
Mandated telework—
(1)
In general— Effective immediately upon the date of enactment of this Act, the head of any Federal agency shall require any employee of such agency who is authorized to telework under chapter 65 of title 5, United States Code, or any other provision of law to telework during the period beginning on the date of enactment of this Act and ending on December 31, 2020.
(2)
Definitions— In this subsection—
(A)
the term employee means—
(i)
an employee of the Library of Congress;
(ii)
an employee of the Government Accountability Office;
(iii)
a covered employee as defined in section 101 of the Congressional Accountability Act of 1995 (2 U.S.C. 1301), other than an applicant for employment;
(iv)
a covered employee as defined in section 411(c) of title 3, United States Code;
(v)
a Federal officer or employee covered under subchapter V of chapter 63 of title 5, United States Code; or
(vi)
any other individual occupying a position in the civil service (as that term is defined in section 2101(1) of title 5, United States Code); and
(B)
the term telework has the meaning given that term in section 6501(3) of such title.
(b)
Telework participation goals— Chapter 65 of title 5, United States Code, is amended as follows:
(1)
In section 6502—
(A)
in subsection (b)—
(i)
in paragraph (4), by striking “and” at the end;
(ii)
in paragraph (5), by striking the period at the end and inserting a semicolon; and
(iii)
by adding at the end the following:

“(6) include annual goals for increasing the percent of employees of the executive agency participating in teleworking—

“(A) three or more days per pay period;

“(B) one or 2 days per pay period;

“(C) once per month; and

“(D) on an occasional, episodic, or short-term basis; and

“(7) include methods for collecting data on, setting goals for, and reporting costs savings to the executive agency achieved through teleworking, consistent with the guidance developed under section 70302 (c) of The Heroes Act.”

(B)
by adding at the end the following:

“(d) Notification for reduction in teleworking participation—Not later than 30 days before the date that an executive agency implements or modifies a teleworking plan that would reduce the percentage of employees at the agency who telework, the head of the executive agency shall provide written notification, including a justification for the reduction in telework participation and a description of how the agency will pay for any increased costs resulting from that reduction, to—

“(1) the Director of the Office of Personnel Management;

“(2) the Committee on Oversight and Reform of the House of Representatives; and

“(3) the Committee on Homeland Security and Governmental Affairs of the Senate.

“(e) Prohibition on agency-wide limits on teleworking—An agency may not prohibit any delineated period of teleworking participation for all employees of the agency, including the periods described in subparagraphs (A) through (D) of subsection (b)(6). The agency shall make any teleworking determination with respect to an employee or group of employees at the agency on a case-by-case basis.”

(2)
In section 6506(b)(2)—
(A)
in subparagraph (F)(vi), by striking “and” at the end;
(B)
in subparagraph (G), by striking the period at the end and inserting a semicolon; and
(C)
by adding at the end the following:

“(H) agency cost savings achieved through teleworking, consistent with the guidance developed under section 2(c) of the Telework Metrics and Cost Savings Act; and

“(I) a detailed explanation of a plan to increase the Government-wide teleworking participation rate above such rate applicable to fiscal year 2016, including agency-level plans to maintain or imparove such rate for each of the teleworking frequency categories listed under subparagraph (A)(iii).”

(c)
Guidance— Not later than 90 days after the date of the enactment of this Act, the Director of the Office of Personnel Management, in collaboration with the Chief Human Capital Officer Council, shall establish uniform guidance for agencies on how to collect data on, set goals for, and report cost savings achieved through, teleworking. Such guidance shall account for cost savings related to travel, energy use, and real estate.
(d)
Technical correction— Section 6506(b)(1) of title 5, United States Code, is amended by striking “with Chief” and inserting “with the Chief”.

Sec. 70302 Retirement for certain employees

(a)
CSRS— Section 8336(c) of title 5, United States Code, is amended by adding at the end the following:

“(3)

“(A) In this paragraph—

“(i) the term affected individual means an individual covered under this subchapter who—

“(I) is performing service in a covered position;

“(II) is diagnosed with COVID–19 before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), (m), or (n), as applicable;

“(III) because of the illness described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness; and

“(IV) is appointed to a position in the civil service that—

“(aa) is not a covered position; and

“(bb) is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual;

“(ii) the term covered position means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police; and

“(iii) the term COVID–19 means the 2019 Novel Coronavirus or 2019-nCoV.

“(B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8334.

“(C) Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days.

“(D) The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual—

“(i) is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or

“(ii) meets the age and service requirements that would subject the individual to mandatory separation under section 8335 if such individual had remained in the former covered position.

“(E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).

“(F) Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.”

(b)
FERS—
(1)
In general— Section 8412(d) of title 5, United States Code, is amended—
(A)
by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively;
(B)
by inserting “(1)” before “An employee”; and
(C)
by adding at the end the following:

“(2)

“(A) In this paragraph—

“(i) the term affected individual means an individual covered under this chapter who—

“(I) is performing service in a covered position;

“(II) is diagnosed with COVID–19 before the date on which the individual becomes entitled to an annuity under paragraph (1) of this subsection or subsection (e), as applicable;

“(III) because of the illness described in subclause (II), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the agency in which the individual was serving when such individual incurred the illness; and

“(IV) is appointed to a position in the civil service that—

“(aa) is not a covered position; and

“(bb) is within an agency that regularly appoints individuals to supervisory or administrative positions related to the activities of the former covered position of the individual;

“(ii) the term covered position means a position as a law enforcement officer, customs and border protection officer, firefighter, air traffic controller, nuclear materials courier, member of the Capitol Police, or member of the Supreme Court Police; and

“(iii) the term COVID–19 means the 2019 Novel Coronavirus or 2019-nCoV.

“(B) Unless an affected individual files an election described in subparagraph (E), creditable service by the affected individual in a position described in subparagraph (A)(i)(IV) shall be treated as creditable service in a covered position for purposes of this chapter and determining the amount to be deducted and withheld from the pay of the affected individual under section 8422.

“(C) Subparagraph (B) shall only apply if the affected employee transitions to a position described in subparagraph (A)(i)(IV) without a break in service exceeding 3 days.

“(D) The service of an affected individual shall no longer be eligible for treatment under subparagraph (B) if such service occurs after the individual—

“(i) is transferred to a supervisory or administrative position related to the activities of the former covered position of the individual; or

“(ii) meets the age and service requirements that would subject the individual to mandatory separation under section 8425 if such individual had remained in the former covered position.

“(E) In accordance with procedures established by the Director of the Office of Personnel Management, an affected individual may file an election to have any creditable service performed by the affected individual treated in accordance with this chapter without regard to subparagraph (B).

“(F) Nothing in this paragraph shall be construed to apply to such affected individual any other pay-related laws or regulations applicable to a covered position.”

(2)
Technical and conforming amendments—
(A)
Chapter 84 of title 5, United States Code, is amended—
(i)
in section 8414(b)(3), by inserting “(1)” after “subsection (d)”;
(ii)
in section 8415—
(I)
in subsection (e), in the matter preceding paragraph (1), by inserting “(1)” after “subsection (d)”; and
(II)
in subsection (h)(2)(A), by striking “(d)(2)” and inserting “(d)(1)(B)”;
(iii)
in section 8421(a)(1), by inserting “(1)” after “(d)”;
(iv)
in section 8421a(b)(4)(B)(ii), by inserting “(1)” after “section 8412(d)”;
(v)
in section 8425, by inserting “(1)” after “section 8412(d)” each place it appears; and
(vi)
in section 8462(c)(3)(B)(ii), by inserting “(1)” after “subsection (d)”.
(B)
Title VIII of the Foreign Service Act of 1980 (22 U.S.C. 4041 et seq.) is amended—
(i)
in section 805(d)(5) (22 U.S.C. 4045(d)(5)), by inserting “(1)” after “or 8412(d)”; and
(ii)
in section 812(a)(2)(B) (22 U.S.C. 4052(a)(2)(B)), by inserting “(1)” after “or 8412(d)”.
(c)
CIA employees— Section 302 of the Central Intelligence Agency Retirement Act (50 U.S.C. 2152) is amended by adding at the end the following:

“(d) Employees disabled on duty

“(1) Definitions—In this subsection—

“(A) the term affected employee means an employee of the Agency covered under subchapter II of chapter 84 of title 5, United States Code, who—

“(i) is performing service in a position designated under subsection (a);

“(ii) is diagnosed with COVID–19 before the date on which the employee becomes entitled to an annuity under section 233 of this Act or section 8412(d)(1) of title 5, United States Code;

“(iii) because of the illness described in clause (ii), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Director; and

“(iv) is appointed to a position in the civil service that is not a covered position but is within the Agency;

“(B) the term covered position means a position as—

“(i) a law enforcement officer described in section 8331(20) or 8401(17) of title 5, United States Code;

“(ii) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5, United States Code;

“(iii) a firefighter described in section 8331(21) or 8401(14) of title 5, United States Code;

“(iv) an air traffic controller described in section 8331(30) or 8401(35) of title 5, United States Code;

“(v) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code;

“(vi) a member of the United States Capitol Police;

“(vii) a member of the Supreme Court Police;

“(viii) an affected employee; or

“(ix) a special agent described in section 804(15) of the Foreign Service Act of 1980 (22 U.S.C. 4044(15)); and

“(C) the term COVID–19 means the 2019 Novel Coronavirus or 2019-nCoV.

“(2) Treatment of service after disability—Unless an affected employee files an election described in paragraph (3), creditable service by the affected employee in a position described in paragraph (1)(A)(iv) shall be treated as creditable service in a covered position for purposes of this Act and chapter 84 of title 5, United States Code, including eligibility for an annuity under section 233 of this Act or 8412(d)(1) of title 5, United States Code, and determining the amount to be deducted and withheld from the pay of the affected employee under section 8422 of title 5, United States Code.

“(3) Break in service—Paragraph (2) shall only apply if the affected employee transitions to a position described in paragraph (1)(A)(iv) without a break in service exceeding 3 days.

“(4) Limitation on treatment of service—The service of an affected employee shall no longer be eligible for treatment under paragraph (2) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee.

“(5) Opt out—An affected employee may file an election to have any creditable service performed by the affected employee treated in accordance with chapter 84 of title 5, United States Code, without regard to paragraph (2).”

(d)
Foreign service retirement and disability system— Section 806(a)(6) of the Foreign Service Act of 1980 (22 U.S.C. 4046(a)(6)) is amended by adding at the end the following:

“(D)

“(i) In this subparagraph—

“(I) the term affected special agent means an individual covered under this subchapter who—

“(aa) is performing service as a special agent;

“(bb) is diagnosed with COVID–19 before the date on which the individual becomes entitled to an annuity under section 811;

“(cc) because of the illness described in item (bb), is permanently unable to render useful and efficient service in the employee’s covered position, as determined by the Secretary; and

“(dd) is appointed to a position in the Foreign Service that is not a covered position;

“(II) the term covered position means a position as—

“(aa) a law enforcement officer described in section 8331(20) or 8401(17) of title 5, United States Code;

“(bb) a customs and border protection officer described in section 8331(31) or 8401(36) of title 5, United States Code;

“(cc) a firefighter described in section 8331(21) or 8401(14) of title 5, United States Code;

“(dd) an air traffic controller described in section 8331(30) or 8401(35) of title 5, United States Code;

“(ee) a nuclear materials courier described in section 8331(27) or 8401(33) of title 5, United States Code;

“(ff) a member of the United States Capitol Police;

“(gg) a member of the Supreme Court Police;

“(hh) an employee of the Agency designated under section 302(a) of the Central Intelligence Agency Retirement Act (50 U.S.C. 2152(a)); or

“(ii) a special agent; and

“(III) the term COVID–19 means the 2019 Novel Coronavirus or 2019-nCoV.

“(ii) Unless an affected special agent files an election described in clause (iv), creditable service by the affected special agent in a position described in clause (i)(I)(dd) shall be treated as creditable service as a special agent for purposes of this subchapter, including determining the amount to be deducted and withheld from the pay of the individual under section 805.

“(iii) Clause (ii) shall only apply if the special agent transitions to a position described in clause (i)(I)(dd) without a break in service exceeding 3 days.

“(iv) The service of an affected employee shall no longer be eligible for treatment under clause (ii) if such service occurs after the employee is transferred to a supervisory or administrative position related to the activities of the former covered position of the employee.

“(v) In accordance with procedures established by the Secretary, an affected special agent may file an election to have any creditable service performed by the affected special agent treated in accordance with this subchapter, without regard to clause (ii).”

(e)
Implementation—
(1)
Office of personnel management— The Director of the Office of Personnel Management shall promulgate regulations to carry out the amendments made by subsections (a) and (b).
(2)
CIA employees— The Director of the Central Intelligence Agency shall promulgate regulations to carry out the amendment made by subsection (c).
(3)
Foreign service retirement and disability system— The Secretary of State shall promulgate regulations to carry out the amendment made by subsection (d).
(4)
Agency reappointment— The regulations promulgated to carry out the amendments made by this section shall ensure that, to the greatest extent possible, the head of each agency appoints affected employees or special agents to supervisory or administrative positions related to the activities of the former covered position of the employee or special agent.
(5)
Treatment of service— The regulations promulgated to carry out the amendments made by this section shall ensure that the creditable service of an affected employee or special agent (as the case may be) that is not in a covered position pursuant to an election made under such amendments shall be treated as the same type of service as the covered position in which the employee or agent suffered the qualifying illness.
(f)
Effective date; applicability— The amendments made by this section—
(1)
shall take effect on the date of enactment of this section; and
(2)
shall apply to an individual who suffers an illness described in section 8336(c)(3)(A)(i)(II) or section 8412(d)(2)(A)(i)(II) of title 5, United States Code (as amended by this section), section 302(d)(1)(A)(ii) of the Central Intelligence Agency Retirement Act (as amended by this section), or section 806(a)(6)(D)(i)(I)(bb) of the Foreign Service Act of 1980 (as amended by this section), on or after the date that is 2 years after the date of enactment of this section.

Sec. 70303 Presumption of eligibility for workers’ compensation benefits for Federal employees diagnosed with coronavirus

(a)
In general— An employee who is diagnosed with COVID–19 during the period described in subsection (b)(2)(A) shall, with respect to any claim made by or on behalf of the employee for benefits under subchapter I of chapter 81 of title 5, United States Code, be deemed to have an injury proximately caused by exposure to coronavirus arising out of the nature of the employee’s employment and be presumptively entitled to such benefits, including disability compensation, medical services, and survivor benefits.
(b)
Definitions— In this section—
(1)
the term coronavirus means SARS– CoV–2 or another coronavirus with pandemic potential; and
(2)
the term employee—
(A)
means an employee as that term is defined in section 8101(1) of title 5, United States Code, (including an employee of the United States Postal Service, the Transportation Security Administration, or the Department of Veterans Affairs, including any individual appointed under chapter 73 or 74 of title 38, United States Code) employed in the Federal service at anytime during the period beginning on January 27, 2020, and ending on January 30, 2022—
(i)
who carried out duties requiring contact with patients, members of the public, or co-workers; or
(ii)
whose duties include a risk of exposure to the coronavirus; and
(B)
does not include any employee otherwise covered by subparagraph (A) who is teleworking on a full-time basis during all of such period.

IV Federal Contracting Provisions

Sec. 70401 Mandatory telework

(a)
In general— During the emergency period, the Director of the Office of Management and Budget shall direct agencies to allow telework for all contractor personnel to the maximum extent practicable. Additionally, the Director shall direct contracting officers to document any decision to not allow telework during the emergency period in the contract file.
(b)
Emergency period defined— In this section, the term emergency period means the period that—
(1)
begins on the date that is not later than 15 days after the date of the enactment of this Act; and
(2)
ends on the date that the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as result of COVID–19, including any renewal thereof, expires.

Sec. 70402 Guidance on the implementation of section 3610 of the cares act

Not later than 15 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall issue guidance to ensure uniform implementation across agencies of section 3610 of the CARES Act (Public Law 116–136). Any such guidance shall—
(1)
limit the basic requirements for reimbursement to those included in such Act and the effective date for such reimbursement shall be January 31, 2020; and
(2)
clarify that the term minimum applicable contract billing rates as used in such section includes the financial impact incurred as a consequence of keeping the employees or subcontractors of the contractor in a ready state (such as the base hourly wage rate of an employee, plus indirect costs, fees, and general and administrative expenses).

Sec. 70403 Past performance ratings

Section 1126 of title 41, United States Code, is amended by adding at the end the following new subsection:

“(c) Exception for failure to deliver goods or complete work due to covid–19—If the head of an executive agency determines that a contractor failed to deliver goods or complete work as a result of measures taken as a result of COVID–19 under a contract with the agency by the date or within the time period imposed by the contract, any information relating to such failure may not be—

“(1) included in any past performance database used by executive agencies for making source selection decisions; or

“(2) evaluated unfavorably as a factor of past contract performance.”

Sec. 70404 Accelerated payments

Not later than 10 days after the date of the enactment of this Act and ending on the expiration of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of COVID–19, including any renewal thereof, the Director of the Office of Management and Budget shall direct contracting officers to establish an accelerated payment date for any prime contract (as defined in section 8701 of title 41, United States Code) with payments due 15 days after the receipt of a proper invoice.

V District of Columbia

Sec. 70501 Special borrowing by the District of Columbia

(a)
Authorizing borrowing under municipal liquidity facility of Federal reserve board and similar facilities or programs— The Council of the District of Columbia (hereafter in this section referred to as the “Council”) may by act authorize the issuance of bonds, notes, and other obligations, in amounts determined by the Chief Financial Officer of the District of Columbia to meet cash-flow needs of the District of Columbia government, for purchase by the Board of Governors of the Federal Reserve under the Municipal Liquidity Facility of the Federal Reserve or any other facility or program of the Federal Reserve or another entity of the Federal government which is established in response to the COVID–19 Pandemic.
(b)
Requiring issuance to be competitive with other forms of borrowing— The Council may authorize the issuance of bonds, notes, or other obligations under subsection (a) only if the issuance of such bonds, notes, and other obligations is competitive with other forms of borrowing in the financial market.
(c)
Treatment as general obligation— Any bond, note, or other obligation issued under subsection (a) shall, if provided in the act of the Council, be a general obligation of the District.
(d)
Payments not subject to appropriation— No appropriation is required to pay—
(1)
any amount (including the amount of any accrued interest or premium) obligated or expended from or pursuant to subsection (a) for or from the sale of any bonds, notes, or other obligation under such subsection;
(2)
any amount obligated or expended for the payment of principal of, interest on, or any premium for any bonds, notes, or other obligations issued under subsection (a);
(3)
any amount obligated or expended pursuant to provisions made to secure any bonds, notes, or other obligations issued under subsection (a); or
(4)
any amount obligated or expended pursuant to commitments, including lines of credit or costs of issuance, made or entered in connection with the issuance of any bonds, notes, or other obligations for operating or capital costs financed under subsection (a).
(e)
Renewal— Any bond, note, or other obligation issued under subsection (a) may be renewed if authorized by an act of the Council.
(f)
Payment— Any bonds, notes, or other obligations issued under subsection (a), including any renewal of such bonds, notes, or other obligations, shall be due and payable on such terms and conditions as are consistent with the terms and conditions of the Municipal Liquidity Facility or other facility or program referred to in subsection (a).
(g)
Inclusion of payments in annual budget— The Council shall provide in each annual budget for the District of Columbia government sufficient funds to pay the principal of and interest on all bonds, notes, or other obligations issued under subsection (a) of this section becoming due and payable during such fiscal year.
(h)
Obligation to pay— The Mayor of the District of Columbia shall ensure that the principal of and interest on all bonds, notes, or other obligations issued under subsection (a) are paid when due, including by paying such principal and interest from funds not otherwise legally committed.
(i)
Security interest in district revenues— The Council may by act provide for a security interest in any District of Columbia revenues as additional security for the payment of any bond, note, or other obligation issued under subsection (a).

VI Other Matters

Sec. 70601 Estimates of aggregate economic growth across income groups

(a)
Short title— This section may be cited as the “Measuring Real Income Growth Act of 2020”.
(b)
Definitions— In this section:
(1)
Bureau— The term Bureau means the Bureau of Economic Analysis of the Department of Commerce.
(2)
Gross domestic product analysis— The term gross domestic product analysis—
(A)
means a quarterly or annual analysis conducted by the Bureau with respect to the gross domestic product of the United States; and
(B)
includes a revision prepared by the Bureau of an analysis described in subparagraph (A).
(3)
Recent estimate— The term recent estimate means the most recent estimate described in subsection (c) that is available on the date on which the gross domestic product analysis with which the estimate is to be included is conducted.
(c)
Inclusion in reports— Beginning in 2020, in each gross domestic product analysis conducted by the Bureau, the Bureau shall include a recent estimate of, with respect to specific percentile groups of income, the total amount that was added to the economy of the United States during the period to which the recent estimate pertains, including in—
(1)
each of the 10 deciles of income; and
(2)
the highest 1 percent of income.
(d)
Authorization of appropriations— There are authorized to be appropriated to the Secretary of Commerce such sums as are necessary to carry out this section.

Sec. 70602 Waiver of matching funds requirement for the drug free communities support program

The matching funds requirement under paragraphs (1)(A)(i), (1)(A)(iii), and (3)(D) of section 1032(b) of the Anti-Drug Abuse Act of 1988 (21 U.S.C. 1532(b)) may be modified or waived by the Administrator if a grantee or applicant is unable to meet the requirement as a result of the public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d) as a result of COVID–19.

Sec. 70603 United States Postal Service borrowing authority

Subsection (b)(2) of section 6001 of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) is amended to read as follows:

“(2) the Secretary of the Treasury shall lend up to the amount described in paragraph (1) at the request of the Postal Service subject to the terms and conditions of the note purchase agreement between the Postal Service and the Federal Financing Bank in effect on September 29, 2018.”