755 
(8) Update/Enumerate and Update/Leave com-
pletion rates by geographic location. 
(9) Total spending to date on media, advertise-
ments, and partnership specialists, including a geo-
graphic 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 provi-
sion of law, including section 444 of the General Edu-
cation Provisions Act (commonly known as the ‘‘Family 
Educational Rights and Privacy Act of 1974’’), an institu-
tion 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 decen-
nial 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 Bu-
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reau 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 cat-
egories 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 re-
leased without the student’s prior consent. No insti-
tution of higher education shall provide the Bureau 
with the information of any individual who has ob-
jected to the provision of such information. 
(3) USE OF INFORMATION.—Information pro-
vided 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 EDU-
CATION.—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. 
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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. 
TITLE 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 
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65 of title 5, United States Code, or any other provi-
sion 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 Con-
gress; 
(ii) an employee of the Government 
Accountability Office; 
(iii) a covered employee as defined in 
section 101 of the Congressional Account-
ability 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 cov-
ered 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 
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(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 semi-
colon; and 
(iii) by adding at the end the fol-
lowing: 
‘‘(6) include annual goals for increasing the 
percent of employees of the executive agency partici-
pating 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, set-
ting goals for, and reporting costs savings to the ex-
ecutive agency achieved through teleworking, con-
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760 
sistent with the guidance developed under section 
70302 (c) of the HEROES Act.’’; and 
(B) by adding at the end the following: 
‘‘(d) NOTIFICATION
FOR
REDUCTION
IN
TELE-
WORKING 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 ex-
ecutive 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 in-
creased 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 delin-
eated period of teleworking participation for all employees 
of the agency, including the periods described in subpara-
graphs (A) through (D) of subsection (b)(6). The agency 
shall make any teleworking determination with respect to 
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761 
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 devel-
oped under section 2(c) of the Telework Metrics 
and Cost Savings Act; and 
‘‘(I) a detailed explanation of a plan to in-
crease the Government-wide teleworking partici-
pation rate above such rate applicable to fiscal 
year 2016, including agency-level plans to main-
tain or imparove such rate for each of the tele-
working frequency categories listed under sub-
paragraph (A)(iii).’’. 
(c) GUIDANCE.—Not later than 90 days after the 
date of the enactment of this Act, the Director of the Of-
fice of Personnel Management, in collaboration with the 
Chief Human Capital Officer Council, shall establish uni-
form guidance for agencies on how to collect data on, set 
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goals for, and report cost savings achieved through, tele-
working. Such guidance shall account for cost savings re-
lated 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 indi-
vidual becomes entitled to an annuity 
under paragraph (1) of this sub-
section or subsection (e), (m), or (n), 
as applicable; 
‘‘(III) because of the illness de-
scribed in subclause (II), is perma-
nently unable to render useful and ef-
ficient service in the employee’s cov-
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ered 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 posi-
tion; and 
‘‘(bb) is within an agency 
that regularly appoints individ-
uals to supervisory or administra-
tive positions related to the ac-
tivities of the former covered po-
sition of the individual; 
‘‘(ii) the term ‘covered position’ means 
a position as a law enforcement officer, 
customs and border protection officer, fire-
fighter, air traffic controller, nuclear mate-
rials 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), cred-
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itable service by the affected individual in a po-
sition described in subparagraph (A)(i)(IV) 
shall be treated as creditable service in a cov-
ered 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 ac-
tivities of the former covered position of 
the individual; or 
‘‘(ii) meets the age and service re-
quirements that would subject the indi-
vidual to mandatory separation under sec-
tion 8335 if such individual had remained 
in the former covered position. 
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765 
‘‘(E) In accordance with procedures estab-
lished by the Director of the Office of Personnel 
Management, an affected individual may file an 
election to have any creditable service per-
formed by the affected individual treated in ac-
cordance 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 appli-
cable 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 em-
ployee’’; 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; 
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‘‘(II) is diagnosed with COVID– 
19 before the date on which the indi-
vidual becomes entitled to an annuity 
under paragraph (1) of this sub-
section or subsection (e), as applica-
ble; 
‘‘(III) because of the illness de-
scribed in subclause (II), is perma-
nently unable to render useful and ef-
ficient service in the employee’s cov-
ered 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 posi-
tion; and 
‘‘(bb) is within an agency 
that regularly appoints individ-
uals to supervisory or administra-
tive positions related to the ac-
tivities of the former covered po-
sition of the individual; 
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767 
‘‘(ii) the term ‘covered position’ means 
a position as a law enforcement officer, 
customs and border protection officer, fire-
fighter, air traffic controller, nuclear mate-
rials 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), cred-
itable service by the affected individual in a po-
sition described in subparagraph (A)(i)(IV) 
shall be treated as creditable service in a cov-
ered 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 
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subparagraph (B) if such service occurs after 
the individual— 
‘‘(i) is transferred to a supervisory or 
administrative position related to the ac-
tivities of the former covered position of 
the individual; or 
‘‘(ii) meets the age and service re-
quirements that would subject the indi-
vidual to mandatory separation under sec-
tion 8425 if such individual had remained 
in the former covered position. 
‘‘(E) In accordance with procedures estab-
lished by the Director of the Office of Personnel 
Management, an affected individual may file an 
election to have any creditable service per-
formed by the affected individual treated in ac-
cordance 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 appli-
cable to a covered position.’’. 
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENTS.— 
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769 
(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 mat-
ter preceding paragraph (1), by in-
serting ‘‘(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 insert-
ing ‘‘(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 ap-
pears; 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— 
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770 
(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 In-
telligence 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 sub-
chapter 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 be-
fore the date on which the employee be-
comes 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 
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771 
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 de-
scribed 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 de-
scribed in section 8331(27) or 8401(33) of 
title 5, United States Code; 
‘‘(vi) a member of the United States 
Capitol Police; 
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‘‘(vii) a member of the Supreme Court 
Police; 
‘‘(viii) an affected employee; or 
‘‘(ix) a special agent described in sec-
tion 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
DIS-
ABILITY.—Unless an affected employee files an elec-
tion 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, in-
cluding 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. 
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773 
‘‘(4) LIMITATION
ON
TREATMENT
OF
SERV-
ICE.—The service of an affected employee shall no 
longer be eligible for treatment under paragraph (2) 
if such service occurs after the employee is trans-
ferred to a supervisory or administrative position re-
lated 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
DIS-
ABILITY SYSTEM.—Section 806(a)(6) of the Foreign Serv-
ice 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 en-
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774 
titled to an annuity under section 
811; 
‘‘(cc) because of the illness 
described in item (bb), is perma-
nently unable to render useful 
and efficient service in the em-
ployee’s covered position, as de-
termined by the Secretary; and 
‘‘(dd) is appointed to a posi-
tion in the Foreign Service that 
is not a covered position; 
‘‘(II) the term ‘covered position’ 
means a position as— 
‘‘(aa) a law enforcement of-
ficer 
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; 
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775 
‘‘(dd) an air traffic con-
troller 
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 Su-
preme 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 posi-
tion described in clause (i)(I)(dd) shall be treat-
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776 
ed as creditable service as a special agent for 
purposes of this subchapter, including deter-
mining the amount to be deducted and withheld 
from the pay of the individual under section 
805. 
‘‘(iii) Clause (ii) shall only apply if the spe-
cial agent transitions to a position described in 
clause (i)(I)(dd) without a break in service ex-
ceeding 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 em-
ployee is transferred to a supervisory or admin-
istrative position related to the activities of the 
former covered position of the employee. 
‘‘(v) In accordance with procedures estab-
lished by the Secretary, an affected special 
agent may file an election to have any cred-
itable service performed by the affected special 
agent treated in accordance with this sub-
chapter, without regard to clause (ii).’’. 
(e) IMPLEMENTATION.— 
(1) OFFICE
OF
PERSONNEL
MANAGEMENT.— 
The Director of the Office of Personnel Management 
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777 
shall promulgate regulations to carry out the amend-
ments made by subsections (a) and (b). 
(2) CIA EMPLOYEES.—The Director of the 
Central Intelligence Agency shall promulgate regula-
tions to carry out the amendment made by sub-
section (c). 
(3) FOREIGN SERVICE RETIREMENT AND DIS-
ABILITY SYSTEM.—The Secretary of State shall pro-
mulgate regulations to carry out the amendment 
made by subsection (d). 
(4) AGENCY
REAPPOINTMENT.—The regula-
tions promulgated to carry out the amendments 
made by this section shall ensure that, to the great-
est 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 spe-
cial 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 
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778 
position in which the employee or agent suffered the 
qualifying illness. 
(f) EFFECTIVE DATE; APPLICABILITY.—The amend-
ments 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 sec-
tion 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 enact-
ment 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 
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779 
have an injury proximately caused by exposure to 
coronavirus arising out of the nature of the employee’s em-
ployment 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 poten-
tial; and 
(2) the term ‘‘employee’’— 
(A) means an employee as that term is de-
fined in section 8101(1) of title 5, United 
States Code, (including an employee of the 
United States Postal Service, the Transpor-
tation Security Administration, or the Depart-
ment of Veterans Affairs, including any indi-
vidual appointed under chapter 73 or 74 of title 
38, United States Code) employed in the Fed-
eral service at anytime during the period begin-
ning on January 27, 2020, and ending on Jan-
uary 30, 2022— 
(i) who carried out duties requiring 
contact with patients, members of the pub-
lic, or co-workers; or 
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780 
(ii) whose duties include a risk of ex-
posure to the coronavirus; and 
(B) does not include any employee other-
wise covered by subparagraph (A) who is tele-
working on a full-time basis during all of such 
period. 
TITLE 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 per-
sonnel 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 re-
sult of COVID–19, including any renewal thereof, 
expires. 
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781 
SEC. 70402. GUIDANCE ON THE IMPLEMENTATION OF SEC-
TION 3610 OF THE CARES ACT. 
Not later than 15 days after the date of the enact-
ment of this Act, the Director of the Office of Manage-
ment 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 reimburse-
ment 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 in-
cludes the financial impact incurred as a con-
sequence 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 sub-
section: 
‘‘(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 
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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 selec-
tion 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 enact-
ment 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 con-
tracting 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. 
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793 
(b) AUTHORIZATION NOT REQUIRED.—The Sec-
retary may not require an eligible veteran to seek author-
ization by the Secretary for emergency treatment fur-
nished to the veteran pursuant to subsection (a). 
(c) PAYMENT RATES.— 
(1) DETERMINATION.—The rate paid for emer-
gency treatment furnished to eligible veterans pursu-
ant to subsection (a) shall be equal to the rate paid 
by the United States to a provider of services (as de-
fined in section 1861(u) of the Social Security Act 
(42 U.S.C. 1395x(u))) or a supplier (as defined in 
section 1861(d) of such Act (42 U.S.C. 1395x(d))) 
under the Medicare program under title XI or title 
XVIII of the Social Security Act (42 U.S.C. 1301 et 
seq.), including section 1834 of such Act (42 U.S.C. 
1395m), for the same treatment. 
(2) FINALITY.—A payment in the amount pay-
able under paragraph (1) for emergency treatment 
furnished to an eligible veteran pursuant to sub-
section (a) shall be considered payment in full and 
shall extinguish the veteran’s liability to the provider 
of such treatment, unless the provider rejects the 
payment and refunds to the United States such 
amount by not later than 30 days after receiving the 
payment. 
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