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Division U — Other Matters

S. 4800 · 116th Congress · Oct 19, 2020 · Lineage

U Other Matters

I Presumption of Service Connection for Coronavirus Disease 2019

Sec. 101 Presumptions of service-connection for members of Armed Forces who contract Coronavirus Disease 2019 under certain circumstances

(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:

II Coronavirus Relief Fund Amendments

Sec. 201 Congressional intent relating to Tribal Governments eligible for Coronavirus Relief Fund payments

(a)
Purpose— The purpose of this section and the amendments made by subsection (b) is to clarify the intent of Congress that only Federally recognized Tribal governments are eligible for payments from the Coronavirus Relief Fund established in section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136).
(b)
Eligible Tribal Governments— Effective as if included in the enactment of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act, is amended—
(1)
in subsection (c)(7), by striking “Indian Tribes” and inserting “Tribal governments”; and
(2)
in subsection (g)—
(A)
by striking paragraph (1);
(B)
by redesignating paragraphs (2) through (5) as paragraphs (1) through (4), respectively; and
(C)
by striking paragraph (4) (as redesignated by subparagraph (B)) and inserting the following:

“(4) Tribal government—The term Tribal government means the recognized governing body of any Indian or Alaska Native tribe, band, nation, pueblo, village, community, component band, or component reservation, individually identified (including parenthetically) in the list published most recently as of the date of enactment of this Act pursuant to section 104 of the Federally Recognized Indian Tribe List Act of 1994 (25 U.S.C. 5131).”

(c)
Rules relating to payments made before the date of enactment of this act—
(1)
Payments made to ineligible entities— The Secretary of the Treasury shall require any entity that was not eligible to receive a payment from the amount set aside for fiscal year 2020 under subsection (a)(2)(B) of section 601 of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136) and after the application of the amendments made by subsection (a) clarifying congressional intent relating to eligibility for such a payment, to return the full payment to the Department.
(2)
Distribution of payments returned by ineligible entities— The Secretary of the Treasury shall distribute payments returned under paragraph (1), without further appropriation or fiscal year limitation and not later than 7 days after receiving any returned funds as required under paragraph (1) to Tribal governments eligible for payments under such section 601 of the Social Security Act, as amended by subsection (a), in accordance with subsection (c)(7) of such Act.
(3)
Limitation on secretarial authority— The Secretary of the Treasury is prohibited from requiring an entity that is eligible for a payment from the amount set aside for fiscal year 2020 under subsection (a)(2)(B) of section 601 of the Social Security Act, as amended by subsection(a), and that received a payment before the date of enactment of this Act, from requiring the entity to return all or part of the payment except to the extent authorized under section 601(f) of such Act in the case of a determination by the Inspector General of the Department of the Treasury that the Tribal government failed to comply with the use of funds requirements of section 601(d) of such Act.

Sec. 202 Redistribution of amounts recovered or recouped from payments for Tribal Governments; reporting requirements

Effective as if included in the enactment of the Coronavirus Aid, Relief, and Economic Security Act (Public Law 116–136), section 601(c)(7) of the Social Security Act, as added by section 5001(a) of the Coronavirus Aid, Relief, and Economic Security Act, is amended—
(1)
by striking “From the amount” and inserting the following:

“(A) In general—From the amount”

(2)
by adding at the end the following:

“(B) Redistribution of funds

“(i) Requirement—In carrying out the requirement under subparagraph (A) to ensure that all amounts available under subsection (a)(2)(B) for fiscal year 2020 are distributed to Tribal governments, the Secretary of the Treasury shall redistribute any amounts from payments for Tribal governments that are recovered through recoupment activities carried out by the Inspector General of the Department of the Treasury under subsection (f), without further appropriation, using a procedure and methodology determined by the Secretary in consultation with Tribal governments, to Tribal Governments that apply for payments from such amounts.

“(ii) Repayment—In carrying out the recoupment activities by the Inspector General of the Department of the Treasury under subsection (f), the Secretary of the Treasury shall not impose any additional fees, penalties, or interest payments on Tribal governments associated with any amounts that are recovered.

“(C) Disclosure and reporting requirements

“(i) Disclosure of funding formula and methodology—Not later than 24 hours before any payments for Tribal governments are distributed by the Secretary of the Treasury pursuant to the requirements under subparagraph (A) and subparagraph (B), the Secretary shall publish on the website of the Department of the Treasury—

“(I) a detailed description of the funding allocation formula; and

“(II) a detailed description of the procedure and methodology used to determine the funding allocation formula.

“(ii) Report on Fund Distribution—No later than 7 days after payments for Tribal governments are distributed by the Secretary of the Treasury pursuant to the requirements under subparagraph (A) or subparagraph (B), the Secretary shall publish on the website of the Department of the Treasury the date and amount of all fund disbursements, broken down by individual Tribal government recipient.”

Sec. 203 Use of relief funds

Effective as if included in the Coronavirus, Aid, Relief, and Economic Security Act (Public Law 116–136), section 601 of the Social Security Act, as added by section 5001(a) of such Act, is amended by striking subsection (d) and inserting the following:

“(d) Use of funds—A State, Tribal government, and unit of local government shall use the funds provided under a payment made under this section to

“(1) cover only those costs of the State, Tribal government, or unit of local government that—

“(A) Are necessary expenditures incurred due to the public health emergency with respect to the coronavirus disease 2019 (COVID–19);

“(B) were not accounted for in the budget most recently approved as of the date of enactment of this section for the State or government; and

“(C) were incurred during the period that begins on January 31, 2020, and ends on December 31, 2021; or

“(2) Replace lost, delayed, or decreased revenues, stemming from the public health emergency with respect to the coronavirus disease (COVID–19).”

III Energy and Environment Provisions

Sec. 301 Home energy and water service continuity

Any entity receiving financial assistance pursuant to any division of this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that no home energy service or public water system service to a residential customer, which is provided or regulated by such entity, is or remains disconnected or interrupted during the emergency period described in section 1135(g)(1)(B) of the Social Security Act because of nonpayment, and all reconnections of such public water system service are conducted in a manner that minimizes risk to the health of individuals receiving such service. For purposes of this section, the term home energy service means a service to provide home energy, as such term is defined in section 2603 of the Low-Income Home Energy Assistance Act of 1981, or service provided by an electric utility, as such term is defined in section 3 of the Public Utility Regulatory Policies Act of 1978, and the term public water system has the meaning given that term in section 1401 of the Safe Drinking Water Act. Nothing in this section shall be construed to require forgiveness of any debt incurred or owed to an entity or to absolve an individual of any obligation to an entity for service, nor to preempt any State or local law or regulation governing entities that provide such services to residential customers.

Sec. 302 Environmental justice grant programs

(a)
Environmental Justice grants— The Administrator of the Environmental Protection Agency shall continue to carry out—
(1)
the Environmental Justice Small Grants Program and the Environmental Justice Collaborative Problem-Solving Cooperative Agreement Program, as those programs are in existence on the date of enactment of this Act; and
(2)
the Community Action for a Renewed Environment grant programs I and II, as in existence on January 1, 2012.
(b)
Use of funds for grants in response to COVID–19 pandemic— With respect to amounts appropriated by division A of this Act that are available to carry out the programs described in subsection (a), the Administrator of the Environmental Protection Agency may only award grants under such programs for projects that will investigate or address the disproportionate impacts of the COVID–19 pandemic in environmental justice communities.
(c)
Authorization of appropriations— There is authorized to be appropriated to carry out the programs described in subsection (a) $50,000,000 for fiscal year 2021, and such sums as may be necessary for each fiscal year thereafter.
(d)
Distribution— Not later than 30 days after amounts are made available pursuant to subsection (c), the Administrator of the Environmental Protection Agency shall make awards of grants under each of the programs described in subsection (a).

Sec. 303 Low-income household drinking water and wastewater assistance

(a)
Authorization of appropriations— There is authorized to be appropriated $1,500,000,000 to the Secretary to carry out this section.
(b)
Low-income household drinking water and wastewater assistance— The Secretary shall make grants to States and Indian Tribes to assist low-income households, particularly those with the lowest incomes, that pay a high proportion of household income for drinking water and wastewater services, by providing funds to owners or operators of public water systems or treatment works to reduce rates charged to such households for such services.
(c)
Nonduplication of effort— In carrying out this section, the Secretary, States, and Indian Tribes, as applicable, shall, as appropriate and to the extent practicable, use existing processes, procedures, policies, and systems in place to provide assistance to low-income households, including by using existing application and approval processes.
(d)
Allotment—
(1)
In general— Except as provided in paragraph (2), the Secretary shall allot amounts appropriated pursuant to this section to a State or Indian Tribe based on the following:
(A)
The percentage of households in the State, or under the jurisdiction of the Indian Tribe, with income equal to or less than 150 percent of the Federal poverty line.
(B)
The percentage of such households in the State, or under the jurisdiction of the Indian Tribe, that spend more than 30 percent of monthly income on housing.
(C)
The extent to which the State or Indian Tribe has been affected by the public health emergency, including the rate of transmission of COVID–19 in the State or area over which the Indian Tribe has jurisdiction, the number of COVID–19 cases compared to the national average, and economic disruptions resulting from the public health emergency.
(2)
Reserved funds— The Secretary shall reserve not more than 10 percent of the amounts appropriated pursuant to this section for allotment to States and Indian Tribes based on the economic disruptions to the States and Indian Tribes resulting from the emergency described in 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)), during the period covered by such emergency declaration and any subsequent major disaster declaration under section 401 of such Act (42 U.S.C. 5170) that supersedes such emergency declaration.
(e)
Determination of low-income households—
(1)
Minimum definition of low-income— In determining whether a household is considered low-income for the purposes of this section, a State or Indian Tribe—
(A)
shall ensure that, at a minimum—
(i)
all households with income equal to or less than 150 percent of the Federal poverty line are included as low-income households; and
(ii)
all households with income equal to or less than 60 percent of the State median income are included as low-income households;
(B)
may include households that have been adversely economically affected by job loss or severe income loss related to the public health emergency; and
(C)
may include other households, including households in which 1 or more individuals are receiving—
(i)
assistance under the State program funded under part A of title IV of the Social Security Act (42 U.S.C. 601 et seq.);
(ii)
supplemental security income payments under title XVI of the Social Security Act (42 U.S.C. 1381 et seq.);
(iii)
supplemental nutrition assistance program benefits under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.); or
(iv)
payments under section 1315, 1521, 1541, or 1542 of title 38, United States Code, or under section 306 of the Veterans’ and Survivors’ Pension Improvement Act of 1978.
(2)
Household documentation requirements— States and Indian Tribes shall—
(A)
to the maximum extent practicable, seek to limit the income history documentation requirements for determining whether a household is considered low-income for the purposes of this section; and
(B)
for the purposes of income eligibility, accept proof of job loss or severe income loss dated after February 29, 2020, such as a layoff or furlough notice or verification of application of unemployment benefits, as sufficient to demonstrate lack of income for an individual or household.
(f)
Applications— Each State or Indian Tribe desiring to receive a grant under this section shall submit an application to the Secretary, in such form as the Secretary shall require.
(g)
Utility responsibilities— Owners or operators of public water systems or treatment works receiving funds pursuant to this section for the purposes of reducing rates charged to low-income households for service shall—
(1)
conduct outreach activities designed to ensure that such households are made aware of the rate assistance available pursuant to this section;
(2)
charge such households, in the normal billing process, not more than the difference between the actual cost of the service provided and the amount of the payment made by the State or Indian Tribe pursuant to this section; and
(3)
within 45 days of providing assistance to a household pursuant to this section, notify in writing such household of the amount of such assistance.
(h)
State agreements with drinking water and wastewater providers— To the maximum extent practicable, a State that receives a grant under this section shall enter into agreements with owners and operators of public water systems, owners and operators of treatment works, municipalities, nonprofit organizations associated with providing drinking water, wastewater, and other social services to rural and small communities, and Indian Tribes, to assist in identifying low-income households and to carry out this section.
(i)
Administrative costs— A State or Indian Tribe that receives a grant under this section may use up to 8 percent of the granted amounts for administrative costs.
(j)
Federal agency coordination— In carrying out this section, the Secretary shall coordinate with the Administrator of the Environmental Protection Agency and consult with other Federal agencies with authority over the provision of drinking water and wastewater services.
(k)
Audits— The Secretary shall require each State and Indian Tribe receiving a grant under this section to undertake periodic audits and evaluations of expenditures made by such State or Indian Tribe pursuant to this section.
(l)
Reports to Congress— The Secretary shall submit to Congress a report on the results of activities carried out pursuant to this section—
(1)
not later than 1 year after the date of enactment of this section; and
(2)
upon disbursement of all funds appropriated pursuant to this section.
(m)
Definitions— In this section:
(1)
Indian tribe— The term Indian Tribe means any Indian Tribe, band, group, or community recognized by the Secretary of the Interior and exercising governmental authority over a Federal Indian reservation.
(2)
Municipality— The term municipality has the meaning given such term in section 502 of the Federal Water Pollution Control Act (33 U.S.C. 1362).
(3)
Public health emergency— The term public health emergency means the public health emergency described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5).
(4)
Public water system— The term public water system has the meaning given such term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
(5)
Secretary— The term Secretary means the Secretary of Health and Human Services.
(6)
State— The term State means a State, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands of the United States, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.
(7)
Treatment works— The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).

Sec. 304 Home water service continuity

(a)
Continuity of service— Any entity receiving financial assistance under division A of this Act shall, to the maximum extent practicable, establish or maintain in effect policies to ensure that, with respect to any service provided by a public water system or treatment works to an occupied residence, which service is provided or regulated by such entity—
(1)
no such service is or remains disconnected or interrupted during the emergency period because of nonpayment;
(2)
all reconnections of such service are conducted in a manner that minimizes risk to the health of individuals receiving such service; and
(3)
no fees for late payment of bills for such service are charged or accrue during the emergency period.
(b)
Effect— Nothing in this section shall be construed to require forgiveness of outstanding debt owed to an entity or to absolve an individual of any obligation to an entity for service.
(c)
Definitions— In this section:
(1)
Emergency period— The term emergency period means the emergency period described in section 1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–5).
(2)
Public water system— The term public water system has the meaning given such term in section 1401 of the Safe Drinking Water Act (42 U.S.C. 300f).
(3)
Treatment works— The term treatment works has the meaning given that term in section 212 of the Federal Water Pollution Control Act (33 U.S.C. 1292).

IV Miscellaneous Matters

Sec. 401 Technical corrections and clarification

(a)
Section 4002 of the CARES Act (Public Law 116–136; 15 U.S.C. 9041) is amended by adding at the end the following new paragraph:

“(13) Businesses critical to maintaining national security—The term “businesses critical to maintaining national security” includes businesses that manufacture and produce aerospace-related products, civil or defense, including those that design, integrate, assemble, supply, maintain and repair such products, and other businesses as further defined by the Secretary, in consultation with the Secretary of Defense and the Secretary of Transportation. For purposes of the preceding sentence, aerospace-related products include, but are not limited to, components, parts, or systems of aircraft, aircraft engines, or appliances for inclusion in an aircraft, aircraft engine, or appliance.”

Sec. 402 Trade of injurious species and species that pose a risk to human health

Section 42 of title 18, United States Code, is amended—
(1)
in subsection (a)—
(A)
in paragraph (1)—
(i)
by inserting “or any interstate transport between States within the continental United States,” after “shipment between the continental United States, the District of Columbia, Hawaii, the Commonwealth of Puerto Rico, or any possession of the United States,”; and
(ii)
by striking “to be injurious to human beings, to the interests of agriculture” and inserting “to be injurious to or to transmit a pathogen that can cause disease in humans, to be injurious to the interests of agriculture”; and
(B)
by adding at the end the following:

“(6) In the case of an emergency posing a significant risk to the health of humans, the Secretary of the Interior may designate a species by interim final rule. At the time of publication of the regulation in the Federal Register, the Secretary shall publish therein detailed reasons why such regulation is necessary, and in the case that such regulation applies to a native species, the Secretary shall give actual notice of such regulation to the State agency in each State in which such species is believed to occur. Any regulation promulgated under the authority of this paragraph shall cease to have force and effect at the close of the 365-day period following the date of publication unless, during such 365-day period, the rulemaking procedures which would apply to such regulation without regard to this paragraph are complied with. If at any time after issuing an emergency regulation the Secretary determines, on the basis of the best appropriate data available to the Secretary, that substantial evidence does not exist to warrant such regulation, the Secretary shall withdraw it.

“(7) Not more than 90 days after receiving a petition of an interested person under section 553(e) of title 5, United States Code, to determine that a species is injurious under this section, the Secretary of the Interior shall determine whether such petition has scientific merit. If the Secretary determines a petition has scientific merit, such Secretary shall make a determination regarding such petition not more than 12 months after the date such Secretary received such petition.”

(2)
by amending subsection (b) to read as follows:

“(b) Any person who knowingly imports, ships, or transports any species in violation of subsection (a) of this section and who reasonably should have known that the species at issue in such violation is a species listed in subsection (a) of this section, or in any regulation issued pursuant thereto, shall be fined under this title or imprisoned not more than six months, or both.”

Sec. 403 Rescission of Funds

Of the unobligated balances available under section 4027 of division A of the CARES Act (Public Law 116–136), $146,000,000,000 is hereby permanently rescinded.