Division T — H.R. 6800 (Placed on Calendar Senate)

Sec. 200001 Application of law

Notwithstanding any other provision of law, the prohibition under section 213 of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3153) shall not apply with respect to applications for grants made under this Act or Public Law 116–136.

Sec. 200002 Disaster recovery office

(a)

In general— Section 601(d)(2) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3211(d)(2)) is amended—

(1)

by striking “(2) Release.—” and inserting the following:

“(2) Release

“(A) In general”

(2)

by adding at the end the following:

“(B) Revolving loan fund program—The Secretary may release, subject to terms and conditions the Secretary determines appropriate, the Federal Government’s interest in connection with a grant under section 209(d) not less than 7 years after final disbursement of the grant, if—

“(i) the recipient has carried out the terms of the award in a satisfactory manner;

“(ii) any proceeds realized from the release of the Federal Government’s interest will be used for one or more activities that continue to carry out the economic development purposes of this Act; and

“(iii) the recipient shall provide adequate assurance to the Secretary that at all times after release of the Federal Government’s interest in connection with the grant, the recipient will be responsible for continued compliance with the requirements of section 602 in the same manner it was responsible prior to release of the Federal Government’s interest and that the recipient’s failure to comply shall result in the Secretary taking appropriate action, including, but not limited to, rescission of the release and recovery of the Federal share of the grant.”

(b)

Office of Disaster Recovery— Title V of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3191 et seq.) is amended by adding at the end the following:

“508. Office of Disaster Recovery

“(a) In general—The Secretary shall create an Office of Disaster Recovery to direct and implement the Agency’s post-disaster economic recovery responsibilities pursuant to sections 209(c)(2) and 703.

“(b) Authorization—The Secretary is authorized to appoint and fix the compensation of such temporary personnel as may be necessary to implement disaster recovery measures, without regard to the provisions of title 5, United States Code, governing appointments in the competitive service.”

(c)

Clerical amendment— The table of contents for the Public Works and Economic Development Act of 1965 is amended by inserting after the item relating to section 507 the following new item:

Sec. 200003 Application of Buy American

Chapter 83 of title 41, United States Code, shall not apply with respect to purchases made in response to the emergency declared by the President on March 13, 2020, under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191) and under any subsequent major disaster declaration under section 401 of such Act that supersedes such emergency declaration.

Sec. 200004 Premium pay authority

(a)

In general— If services performed during calendar year 2020 or 2021 are determined by the head of the agency to be primarily related to response or recovery operations arising out of an emergency or major disaster declared pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.), any premium pay that is funded, either directly or through reimbursement, by the Federal Emergency Management Agency shall be exempted from the aggregate of basic pay and premium pay calculated under section 5547(a) of title 5, United States Code, and any other provision of law limiting the aggregate amount of premium pay payable on a biweekly or calendar year basis.

(b)

Overtime authority— Any overtime that is funded for such services described in subsection (a), either directly or through reimbursement, by the Federal Emergency Management Agency shall be exempted from any annual limit on the amount of overtime payable in a calendar or fiscal year.

(c)

Applicability of aggregate limitation on pay— In determining whether an employee’s pay exceeds the applicable annual rate of basic pay payable under section 5307 of title 5, United States Code, the head of an Executive agency shall not include pay exempted under this section.

(d)

Limitation of pay authority— Pay exempted from otherwise applicable limits under subsection (a) shall not cause the aggregate pay earned for the calendar year in which the exempted pay is earned to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code.

(e)

Effective date— This section shall take effect as if enacted on January 1, 2020.

Sec. 200005 Cost share

Assistance provided under the emergency declaration issued by the President on March 13, 2020, pursuant to section 501(b) of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191(b)), and under any subsequent major disaster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declaration, shall be at a 100 percent Federal cost share.

Sec. 200006 Clarification of assistance

(a)

In general— For the emergency declared on March 13, 2020 by the President under section 501 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5191), the President may provide assistance for activities, costs, and purchases of States or local governments or the owners or operators of eligible private nonprofit organizations, including—

(1)

activities eligible for assistance under sections 301, 415, 416, and 426 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5141, 5182, 5183, 5189d);

(2)

backfill costs for first responders and other essential employees who are ill or quarantined;

(3)

increased operating costs for essential government services due to such emergency, including costs for implementing continuity plans, and sheltering or housing for first responders, emergency managers, health providers and other essential employees;

(4)

costs of providing guidance and information to the public and for call centers to disseminate such guidance and information;

(5)

costs associated with establishing and operating virtual services;

(6)

costs for establishing and operating remote test sites;

(7)

training provided specifically in anticipation of or in response to the event on which such emergency declaration is predicated;

(8)

personal protective equipment and other critical supplies for first responders and other essential employees;

(9)

medical equipment, regardless of whether such equipment is used for emergency or inpatient care;

(10)

public health costs, including provision and distribution of medicine and medical supplies;

(11)

costs associated with maintaining alternate care facilities or related facilities currently inactive but related to future needs tied to the ongoing pandemic event;

(12)

costs of establishing and operating shelters and providing services, including transportation, that help alleviate the need of individuals for shelter, including individuals transitioning out of detention; and

(13)

costs of procuring and distributing food to individuals affected by the pandemic through networks established by State, local, or Tribal governments or other organizations, including restaurants and farms, and for the purchase of food directly from food producers and farmers.

(b)

Application to subsequent major disaster— The activities described in subsection (a) may also be eligible for assistance under any major disaster declared by the President under section 401 of such Act (42 U.S.C. 5170) that supersedes the emergency declaration described in such subsection.

(c)

Financial Assistance for Funeral Expenses— For any emergency or major disaster described in subsection (a) or subsection (b), the President shall provide financial assistance to an individual or household to meet disaster-related funeral expenses under section 408(e)(1) of such Act (42 U.S.C. 5174(e)).

(d)

Advanced assistance— In order to facilitate activities under this section, the Administrator of the Federal Emergency Management Agency may provide assistance in advance to an eligible applicant if a failure to do so would prevent the applicant from carrying out such activities.

(e)

Rule of construction— Nothing in this section shall be construed to make ineligible any assistance that would otherwise be eligible under section 403, 408, or 502 of such Act (42 U.S.C. 5170b, 5174, 5192).

Sec. 200007 Safety upgrades in GSA facilities

(a)

Facility safety upgrades— Not later than 60 days after the date of enactment of this Act, the Administrator of the General Services Administration shall take such actions as are necessary to prevent airborne transmission of COVID–19 through air conditioning, heating, ventilating, and water systems in facilities owned or leased by the General Services Administration to ensure safe and healthy indoor environments for Federal employees.

(b)

Priorities— Any projects carried out by the Administrator to carry out this section shall prioritize indoor air and water environmental quality in facilities and energy-saving building technologies and products.

Sec. 200008 Non-Federal tenants in GSA facilities

(a)

Prohibition on referral to debt collection agencies— Administrator of the General Services Administration may not refer any non-Federal tenants of facilities owned by the Administration to a debt collection agency during the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) relating to COVID–19.

(b)

Report on rent deferral requests— Not later than 30 days after the date of enactment of this Act, the Administrator of the General Services Administration shall submit to Congress a report containing all requests for rent deferrals related to COVID–19 from non-Federal tenants of facilities owned by the Administration.

Sec. 200009 Transit COVID–19 requirements

(a)

In general— For the duration of the national emergency declared by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) related to the pandemic of SARS–CoV–2 or coronavirus disease 2019 (COVID–19), recipients of funds under section 5307 of title 49, United States Code, that serve an urbanized area with a population of at least 500,000 individuals and that provided a minimum of 20,000,000 unlinked passenger trips in the most recent year for which data is available shall—

(1)

require each passenger to wear a mask or protective face covering while on board a public transportation vehicle;

(2)

provide masks or protective face coverings, gloves, and hand santizer and wipes with sufficient alcohol content to operators, station managers, and other employees or contractors whose job responsibilities include interaction with passengers;

(3)

ensure public transportation vehicles operated by such public transportation provider are cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance and ensure that employees or contractors whose job responsibilities involve such cleaning, disinfecting, or sanitizing are provided masks or protective face coverings and gloves;

(4)

ensure stations and enclosed facilities owned, operated, or used by such public transportation provider, including facilities used for training or performance of indoor maintenance, repair, or overhaul work, are cleaned, disinfected, and sanitized frequently in accordance with Centers for Disease Control and Prevention guidance and ensure that employees or contractors whose job responsibilities include such cleaning, disinfecting, or sanitizing are provided masks or other protective face coverings and gloves; and

(5)

establish guidelines, or adhere to applicable guidelines, for notifying employees of a confirmed COVID–19 diagnosis of an employee of such public transportation provider.

(b)

Implementation— The implementation of the requirement under subsection (a)(1) shall be carried out in a manner determined by the provider of public transportation.

(c)

Availability— If a provider of public transportation is unable to acquire any of the items needed to comply with paragraph (2), (3), or (4) of subsection (a) due to market unavailability, such provider shall—

(1)

prepare and make public documentation demonstrating what actions have been taken to acquire such items; and

(2)

continue efforts to acquire such items until they become available.

Sec. 200010 Regulation of anchorage and movement of vessels during national emergency

Section 70051 of title 46, United States Code, is amended—

(1)

in the section heading by inserting “or public health emergency” after “national emergency”;

(2)

by inserting “or whenever the Secretary of Health and Human Services determines a public health emergency exists,” after “international relations of the United States”;

(3)

by inserting “or to ensure the safety of vessels and persons in any port and navigable waterway,” after “harbor or waters of the United States”;

(4)

by inserting “or public health emergency,” after “subversive activity”; and

(5)

by inserting “or to ensure the safety of vessels and persons in any port and navigable waterway,” after “injury to any harbor or waters of the United States,”.

Sec. 200011 MSP operating vessels

Notwithstanding part 296 of title 46, Code of Federal Regulations, until December 31, 2020, or upon the written determination of the Secretary of Transportation until June 31, 2021, the operator of a vessel operating such vessel under an MSP Operating Agreement (as such term is defined in section 296.2 of title 46, Code of Federal Regulations)—

(1)

shall not be required to comply with any requirement with respect to operating days (as such term is defined in such section) contained in such agreement; and

(2)

shall maintain such vessel in a state of operational readiness, including through the employment of the vessel’s crew complement, until the applicable date.

Sec. 200012 extension of period of performance for Library of Congress severable service contracts

(a)

Extension— Notwithstanding sections 3902(a) and 3904(b) of title 41, United States Code, if the performance or delivery of services procured under a severable service contract of the Library of Congress is delayed or otherwise affected by the COVID–19 Pandemic—

(1)

the period for the performance or delivery of services under the contract may be extended for an additional period not exceeding 12 months; and

(2)

funds shall remain available for obligation and expenditure under the contract until the performance or delivery of the services is completed.

(b)

Contracts covered— This section applies with respect to contracts for services procured for a period beginning in fiscal year 2019 or fiscal year 2020.

Sec. 200013 coverage of commuting expenses under authority of Architect of the Capitol to make expenditures in response to emergencies

(a)

Coverage of commuting expenses— Section 1305(a)(2) of the Legislative Branch Appropriations Act, 2010 (2 U.S.C. 1827(a)(2)) is amended by inserting after “refreshments,” the following: “transportation and other related expenses incurred by employees in commuting between their residence and their place of employment,”.

(b)

Effective date— The amendment made by subsection (a) shall apply with respect to fiscal year 2020 and each succeeding fiscal year.

Sec. 200014 Reports on suicide among members of the Armed Forces during the COVID–19 public health emergency

(a)

Report required— Not later than 90 days after the date of the enactment of this Act, and monthly thereafter through December 31, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on suicide among members of the Armed Forces during the covered public health emergency.

(b)

Elements— Each report under subsection (a) shall include, with respect to the months covered by the report, the following:

(1)

Incidents of suicide, attempted suicide, and suicidal ideation by a member of the Armed Forces, including the reserve components, listed by Armed Force.

(2)

The incidents identified under paragraph (1) that occurred during a period of active service by a member in support of—

(A)

a contingency operation; or

(B)

an operation in response to a covered public health emergency.

(3)

With respect to the member involved in each incident identified under paragraph (2):

(A)

Gender.

(B)

Age.

(C)

Rank.

(D)

Method of suicide or attempted suicide.

(4)

Elements of a research agenda for the Department of Defense to establish suicide prevention treatment and risk communication for members of the Armed Forces that is—

(A)

evidence-based;

(B)

effective; and

(C)

designed to apply to a covered public health emergency.

(c)

Definitions— In this section:

(1)

The terms active service, congressional defense committees, and contingency operation have the meanings given those terms in section 101 of title 10, United States Code.

(2)

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 or the Secretary of Homeland Security.

Sec. 200015 Modification to maintenance of effort requirement for temporary increase in Medicaid FMAP

(a)

In general— Section 6008(b)(1) of the Families First Coronavirus Response Act (42 U.S.C. 1396d note) is amended by inserting “, or as signed into State law on April 15, 2020, and taking effect in State law on April 3, 2020” after “January 1, 2020”.

(b)

Effective date— The amendment made by subsection (a) shall take effect as if included in the enactment of the Families First Coronavirus Response Act.

Division T — Additional Other Matters

T Additional Other Matters