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HR8337.txt
[116th Congress Public Law 159]
[From the U.S. Government Publishing Office]
[[Page 134 STAT. 709]]
Public Law 116-159
116th Congress
An Act
Making continuing appropriations for fiscal year 2021, and for other
purposes. <<NOTE: Oct. 1, 2020 - [H.R. 8337]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress
assembled, <<NOTE: Continuing Appropriations Act, 2021 and Other
Extensions Act.>>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations Act, 2021
and Other Extensions Act''.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2021
DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION
Title I--Surface Transportation Programs
Title II--Trust Funds
DIVISION C--HEALTH EXTENDERS
Title I--Public Health Extenders
Title II--Medicare Extenders
Title III--Medicaid Extenders
Title IV--Medicare Part B Premium Adjustment
Title V--Accelerated and Advance Payment Programs
Title VI--Offsets
DIVISION D--OTHER MATTERS
Title I--Emergency Stopgap USCIS Stabilization Act
Title II--United States Parole Commission Extension
Title III--Antitrust Criminal Penalty Enhancement and Reform Permanent
Extension Act
Title IV--Community Services and Supports
Title V--Budgetary Effects
Title VI--Nutrition and Commodities Programs
DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS
Title I--Extensions of Authorities Relating to Health Care
Title II--Extensions of Authorities Relating to Benefits
Title III--Extensions of Authorities Relating to Homeless Veterans
Title IV--Extensions of Other Authorities and Other Matters
SEC. 3. <<NOTE: 1 USC 1 note.>> REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
[[Page 134 STAT. 710]]
DIVISION A <<NOTE: Continuing Appropriations Act, 2021.>> --CONTINUING
APPROPRIATIONS ACT, 2021
The following sums are hereby appropriated, out of any money in the
Treasury not otherwise appropriated, and out of applicable corporate or
other revenues, receipts, and funds, for the several departments,
agencies, corporations, and other organizational units of Government for
fiscal year 2021, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2020 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2020, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2020
(division B of Public Law 116-94), except sections 791 and 792.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2020 (division B of Public Law 116-93),
except the last proviso under the heading ``Department of
Commerce--Bureau of the Census--Periodic Censuses and
Programs''.
(3) The Department of Defense Appropriations Act, 2020
(division A of Public Law 116-93), except title X.
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2020 (division C of Public Law 116-94).
(5) The Financial Services and General Government
Appropriations Act, 2020 (division C of Public Law 116-93).
(6) The Department of Homeland Security Appropriations Act,
2020 (division D of Public Law 116-93) (except for amounts in
title II of division D of Public Law 116-93 that were designated
by the Congress as being for an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985), and title I of division I of
Public Law 116-94.
(7) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2020 (division D of Public Law 116-
94).
(8) The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2020
(division A of Public Law 116-94).
(9) The Legislative Branch Appropriations Act, 2020
(division E of Public Law 116-94), and section 7 of Public Law
116-94.
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2020 (division F of Public
Law 116-94), except title V.
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2020 (division G of Public
Law 116-94).
[[Page 134 STAT. 711]]
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2020 (division H of Public
Law 116-94).
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for:
(1) the new production of items not funded for production in
fiscal year 2020 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2020 funds; or
(3) The initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any
project, subproject, activity, budget activity, program element,
and subprogram within a program element, and for any investment
items defined as a P-1 line item in a budget activity within an
appropriation account and an R-1 line item that includes a
program element and subprogram element within an appropriation
account) for which appropriations, funds, or other authority
were not available during fiscal year 2020.
(b) <<NOTE: Contracts.>> No appropriation or funds made available
or authority granted pursuant to section 101 for the Department of
Defense shall be used to initiate multi-year procurements utilizing
advance procurement funding for economic order quantity procurement
unless specifically appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2020.
Sec. 105. Appropriations made and authority granted pursuant to
this Act shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in the
applicable appropriations Act for fiscal year 2021, appropriations and
funds made available and authority granted pursuant to this Act shall be
available until whichever of the following first occurs:
(1) The enactment into law of an appropriation for any
project or activity provided for in this Act.
(2) The enactment into law of the applicable appropriations
Act for fiscal year 2021 without any provision for such project
or activity.
(3) <<NOTE: Expiration date.>> December 11, 2020.
Sec. 107. Expenditures made pursuant to this Act shall be charged
to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this Act may be used without regard to the
time limitations for submission and approval of apportionments set forth
in section 1513 of title 31, United States Code, but nothing in this Act
may be construed to waive any other provision of law governing the
apportionment of funds.
[[Page 134 STAT. 712]]
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2021 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would impinge
on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most
limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.
Sec. 111. <<NOTE: Continuation.>> (a) For entitlements and other
mandatory payments whose budget authority was provided in appropriations
Acts for fiscal year 2020, and for activities under the Food and
Nutrition Act of 2008, activities shall be continued at the rate to
maintain program levels under current law, under the authority and
conditions provided in the applicable appropriations Act for fiscal year
2020, to be continued through the date specified in section 106(3).
(b) <<NOTE: Time period.>> Notwithstanding section 106, obligations
for mandatory payments due on or about the first day of any month that
begins after October 2020 but not later than 30 days after the date
specified in section 106(3) may continue to be made, and funds shall be
available for such payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may be
apportioned up to the rate for operations necessary to avoid furloughs
within such department or agency, consistent with the applicable
appropriations Act for fiscal year 2020, except that such authority
provided under this section shall not be used until after the department
or agency has taken all necessary actions to reduce or defer non-
personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this Act that
was previously designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency requirement
pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985 or as being for disaster relief pursuant to
section 251(b)(2)(D) of such Act is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism or as an
emergency requirement pursuant to section 251(b)(2)(A) of such Act or as
being for disaster relief pursuant to section 251(b)(2)(D) of such Act,
respectively.
(b) <<NOTE: Applicability.>> Section 6 of Public Law 116-94 shall
apply to amounts designated in subsection (a) and sections 126 and 163
of this Act for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement.
(c) <<NOTE: Effective date.>> This section shall become effective
immediately upon enactment of this Act, and shall remain in effect
through the date in section 106(3).
[[Page 134 STAT. 713]]
Sec. 115. <<NOTE: Rescissions. Continuations.>> (a) Rescissions or
cancellations of discretionary budget authority that continue pursuant
to section 101 in Treasury Appropriations Fund Symbols (TAFS)--
(1) to which other appropriations are not provided by this
Act, but for which there is a current applicable TAFS that does
receive an appropriation in this Act; or
(2) which are no-year TAFS and receive other appropriations
in this Act,
may be continued instead by reducing the rate for operations otherwise
provided by section 101 for such current applicable TAFS, as long as
doing so does not impinge on the final funding prerogatives of the
Congress.
(b) Rescissions or cancellations described in subsection (a) shall
continue in an amount equal to the lesser of--
(1) the amount specified for rescission or cancellation in
the applicable appropriations Act referenced in section 101 of
this Act; or
(2) the amount of balances available, as of October 1, 2020,
from the funds specified for rescission or cancellation in the
applicable appropriations Act referenced in section 101 of this
Act.
(c) <<NOTE: Deadline. Lists.>> No later than November 20, 2020, the
Director of the Office of Management and Budget shall provide to the
Committees on Appropriations of the House of Representatives and the
Senate a comprehensive list of the rescissions or cancellations that
will continue pursuant to section 101: Provided, That the information
in such comprehensive list shall be periodically updated to reflect any
subsequent changes in the amount of balances available, as of October 1,
2020, from the funds specified for rescission or cancellation in the
applicable appropriations Act referenced in section 101, and such
updates shall be transmitted to the Committees on Appropriations of the
House of Representatives and the Senate upon request.
Sec. 116. Notwithstanding section 101, amounts are available in the
``Rural Utilities Service--Rural Water and Waste Disposal Program
Account'' of the Department of Agriculture for gross obligations for the
principal amount of direct and guaranteed loans as authorized by section
306 and described in section 381E(d)(2) of the Consolidated Farm and
Rural Development Act, as follows: $1,400,000,000 for direct loans; and
$50,000,000 for guaranteed loans.
Sec. 117. <<NOTE: Deadline.>> Amounts made available by section
101 for ``Department of Agriculture--Food and Nutrition Service--Child
Nutrition Programs'' to carry out section 749(g) of the Agriculture,
Rural Development, Food and Drug Administration, and Related Agencies
Appropriations Act, 2010 (Public Law 111-80) may be apportioned up to
the rate for operations necessary to ensure that the program can be
fully operational by May 2021.
Sec. 118. Amounts made available by section 101 for ``Department of
Agriculture--Domestic Food Programs--Food and Nutrition Service--
Commodity Assistance Program'' may be apportioned up to the rate for
operations necessary to maintain current program caseload in the
Commodity Supplemental Food Program.
Sec. 119. Amounts made available by section 101 for ``Farm Service
Agency--Agricultural Credit Insurance Fund Program Account'' may be
apportioned up to the rate for operations necessary
[[Page 134 STAT. 714]]
to accommodate approved applications for direct and guaranteed farm
ownership loans, as authorized by 7 U.S.C. 1922 et seq.
Sec. 120. Section 260 of the Agricultural Marketing Act of 1946 (7
U.S.C. 1636i) and section 942 of the Livestock Mandatory Reporting Act
of 1999 (7 U.S.C. 1635 note; Public Law 106-78) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2020''.
Sec. 121. (a) Sections 7(j)(5), 7A(l)(4), and 21(e) of the United
States Grain Standards Act (7 U.S.C. 79(j)(5), 79a(l)(4), 87j(e)) shall
be applied by substituting the date specified in section 106(3) of this
Act for ``September 30, 2020'' each place it appears.
(b) Sections 7D and 19 of the United States Grain Standards Act (7
U.S.C. 79d, 87h) shall be applied by substituting ``2021'' for ``2020''.
Sec. 122. Section 7605(b) of the Agriculture Improvement Act of
2018 (7 U.S.C. 5940 note; Public Law 115-334) is amended by striking
``the date that is 1 year after the date on which the Secretary
establishes a plan under section 297C of the Agricultural Marketing Act
of 1946'' and inserting ``September 30, 2021''.
Sec. 123. Notwithstanding section 101, the second paragraph under
the heading ``Department of Health and Human Services--Food and Drug
Administration--Salaries and Expenses'' in title VI of division B of
Public Law 116-94 <<NOTE: 133 Stat. 2640.>> shall be applied by
striking ``, contingent upon the enactment of the Over-the-Counter
Monograph User Fee Act of 2019,''.
Sec. 124. Notwithstanding section 101, amounts are provided for
``Department of Commerce--Bureau of the Census--Periodic Censuses and
Programs'' at a rate for operations of $1,514,709,000: Provided, That
amounts made available under such heading by this Act may be apportioned
up to the rate for operations necessary to conduct the 2020 Decennial
Census Program.
Sec. 125. <<NOTE: Contracts. Effective date.>> (a)(1)
Notwithstanding any other provision of this Act, the Secretary of the
Navy may enter into a contract, beginning with fiscal year 2021, for the
procurement of up to two Columbia class submarines.
(2) With respect to a contract entered into under subsection
(a), the Secretary of the Navy may use incremental funding to
make payments under the contract.
(3) Any contract entered into under subsection (a) shall
provide that--
(A) any obligation of the United States to make a
payment under the contract is subject to the
availability of appropriations for that purpose; and
(B) total liability of the Federal Government for
termination of any contract entered into shall be
limited to the total amount of funding obligated to the
contract at time of termination.
(b) Notwithstanding sections 102 and 104, amounts made available by
section 101 to the Department of Defense for ``Shipbuilding and
Conversion, Navy'' may be apportioned up to the rate for operations
necessary for ``Ohio Replacement Submarine (Full Funding)'' in an amount
not to exceed $1,620,270,000.
Sec. 126. (a) <<NOTE: Rescissions.>> The remaining unobligated
balances of funds as of September 30, 2020, from amounts made available
to ``Department of Defense--Other Department of Defense Programs--Office
of the Inspector General'' in title III of division B of the CARES Act
(Public Law 116-136), are hereby rescinded, and, in addition
[[Page 134 STAT. 715]]
to amounts otherwise provided by section 101, an amount of additional
new budget authority equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2020, for an
additional amount for fiscal year 2020, to remain available until
September 30, 2021, and shall be available for the same purposes, in
addition to other funds as may be available for such purposes, and under
the same authorities for which the funds were originally provided in
Public Law 116-136: Provided, That the amounts rescinded pursuant to
this subsection that were previously designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 are designated
by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of that Act: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(b)(1) <<NOTE: Effective date.>> This section shall become
effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, or if the designation in section 114(b)
occurs after September 30, 2020, this section shall be applied
as if it were in effect on September 30, 2020.
Sec. 127. (a) No funds shall be transferred directly from
``Department of Energy--Power Marketing Administration--Colorado River
Basins Power Marketing Fund, Western Area Power Administration'' to the
general fund of the Treasury in fiscal year 2020.
(b)(1) <<NOTE: Effective date.>> This section shall become
effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, this section shall be applied as if it were
in effect on September 30, 2020.
Sec. 128. <<NOTE: Applicability.>> (a) Section 104(c) of the
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.
2214(c)) shall be applied by substituting the date specified in section
106(3) of this Act for ``September 30, 2020''.
(b) <<NOTE: Applicability.>> Section 301 of the Reclamation States
Emergency Drought Relief Act of 1991 (43 U.S.C. 2241) shall be applied
by substituting ``2006 through 2021'' for ``2006 through 2020''.
Sec. 129. Section 3007(a)(5)(A)(i)(II)(bb) of the Scholarships for
Opportunity and Results Act (sec. 38-1853.07(a)(5)(A)(i)(II)(bb), D.C.
Official Code) is amended by striking ``5 years'' and inserting ``6
years''.
Sec. 130. Notwithstanding any other provision of this Act, except
section 106, the District of Columbia may expend local funds made
available under the heading ``District of Columbia--District of Columbia
Funds'' for such programs and activities under the District of Columbia
Appropriations Act, 2020 (title IV of division C of Public Law 116-93)
at the rate set forth in the Fiscal Year 2021 Local Budget Act of 2020
(D.C. Act 23-408), as modified as of the date of enactment of this Act.
Sec. 131. In addition to the amounts otherwise provided by section
101, for ``District of Columbia--Federal Payment for Emergency Planning
and Security Costs in the District of Columbia'', there is appropriated
$13,000,000, for an additional amount for
[[Page 134 STAT. 716]]
fiscal year 2021, to remain available until expended, for costs
associated with the Presidential Inauguration held in January 2021.
Sec. 132. <<NOTE: Applicability.>> Notwithstanding section 101,
the matter preceding the first proviso under the heading ``Small
Business Administration--Business Loans Program Account'' in title V of
division C of Public Law 116-93 <<NOTE: 133 Stat. 2475.>> shall be
applied by substituting ``$15,000,000'' for ``$99,000,000'' and the
third proviso shall be applied as if the language read as follows:
``Provided further, That commitments for general business loans
authorized under paragraphs (1) through (35) of section 7(a) of the
Small Business Act shall not exceed $30,000,000,000 for a combination of
amortizing term loans and the aggregated maximum line of credit provided
by revolving loans:'': Provided, That amounts made available under such
heading by this Act may be apportioned up to the rate for operations
necessary to accommodate increased demand for commitments for general
business loans authorized under paragraphs (1) through (35) of section
7(a) of the Small Business Act (15 U.S.C. 636(a)) and for commitments to
guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958 (15 U.S.C 683(b)).
Sec. 133. Amounts made available by section 101 for ``Small
Business Administration--Disaster Loans Program Account'' may be
apportioned up to the rate for operations necessary to accommodate
increased demand for commitments for disaster administrative expenses.
Sec. 134. (a) Notwithstanding section 101, amounts are provided for
``General Services Administration--Expenses, Presidential Transition''
for necessary expenses to carry out the Presidential Transition Act of
1963 (3 U.S.C. 102 note), at a rate for operations of $9,900,000, of
which not to exceed $1,000,000 is for activities authorized by sections
3(a)(8) and 3(a)(9) of such Act: Provided,
That <<NOTE: Reimbursement.>> such amounts may be transferred and
credited to the ``Acquisition Services Fund'' or ``Federal Buildings
Fund'' to reimburse obligations incurred prior to enactment of this Act
for the purposes provided herein related to the Presidential election in
2020: Provided further, That amounts available under this section shall
be in addition to any other amounts available for such purposes.
(b) Notwithstanding section 101, no funds are provided by this Act
for ``General Services Administration--Pre-Election Presidential
Transition''.
Sec. 135. Amounts made available by section 101 for ``General
Services Administration--Real Property Activities--Federal Buildings
Fund--Limitations on Availability of Revenue'' may be apportioned up to
the rate for operations necessary for monthly rental of space
operations.
Sec. 136. Notwithstanding section 101, for expenses of the Office
of Administration to carry out the Presidential Transition Act of 1963,
as amended, and similar expenses, in addition to amounts otherwise
appropriated by law, amounts are provided to ``Presidential Transition
Administrative Support'' at a rate for operations of $8,000,000:
Provided, That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of the President
and the Office of the Vice President in this Act or any other Act, to
carry out such purposes: Provided further, That such amounts may be
apportioned up to the rate for operations necessary to carry out such
responsibilities.
[[Page 134 STAT. 717]]
Sec. 137. In addition to amounts provided in section 101, an
additional amount is provided for ``National Archives and Records
Administration--Operating Expenses'' to carry out transition
responsibilities of the Archivist of the United States under sections
2201 through 2207 of title 44, United States Code (commonly known as the
``Presidential Records Act of 1978'') in the event of a Presidential
Transition at a rate for operations of $18,000,000: Provided, That such
amounts may be apportioned up to the rate for operations necessary to
carry out such responsibilities.
Sec. 138. Amounts made available by section 101 for ``Office of
Personnel Management--Salaries and Expenses'', including amounts to be
transferred from the appropriate trust funds of the Office of Personnel
Management without regard to other statutes, may be apportioned up to
the rate for operations necessary to cover any expected shortfall in
administrative expenses resulting from the transfer of the National
Background Investigations Bureau function to the Department of Defense.
Sec. 139. Section 2(b)(2)(C)(i) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-
121) is amended (with regard to the 1st vacancy in the eastern district
of Tennessee) by striking ``5 years'' and inserting ``9 years''.
Sec. 140. <<NOTE: Applicability.>> Section 3610 of division A of
the CARES Act (Public Law 116-136) <<NOTE: Ante, p. 414.>> shall be
applied by substituting the date in section 106(3) of this Act for
``September 30, 2020''.
Sec. 141. Amounts made available by section 101 to the Department
of Homeland Security for ``Office of the Secretary and Executive
Management--Operations and Support'', ``Management Directorate--
Operations and Support'', and ``Intelligence, Analysis, and Operations
Coordination--Operations and Support'' may be apportioned up to the rate
for operations necessary to carry out activities previously funded by
the Working Capital Fund of the Department of Homeland Security,
consistent with the fiscal year 2021 President's Budget proposal,
submitted pursuant to section 1105(a) of title 31, United States Code,
and accompanying justification materials.
Sec. 142. Amounts made available by section 101 to the Department
of Homeland Security under the heading ``Coast Guard--Operations and
Support'' may be available for the pay and benefits of Coast Guard Yard
and Vessel Documentation personnel, Non-Appropriated Funds personnel,
and for Morale, Welfare and Recreation Programs.
Sec. 143. <<NOTE: Applicability.>> Section 9307(f)(1) of title 46,
United States Code shall be applied by substituting the date specified
in section 106(3) of this Act for ``September 30, 2020''.
Sec. 144. Amounts made available by section 101 to the Department
of Homeland Security under the heading ``Cybersecurity and
Infrastructure Security Agency'' may be obligated in the account and
budget structure set forth in H.R. 7669 and the accompanying House
Report 116-458, as reported by the House Committee on Appropriations on
July 15, 2020.
Sec. 145. Amounts made available by section 101 to the Department
of Homeland Security under the heading ``Federal Emergency Management
Agency--Disaster Relief Fund'' may be apportioned up to the rate for
operations necessary to carry out response and recovery activities under
the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.).
[[Page 134 STAT. 718]]
Sec. 146. (a) Section 1309(a) of the National Flood Insurance Act of
1968 (42 U.S.C. 4016(a)) is amended by striking ``September 30, 2019''
and inserting ``September 30, 2021''.
(b) Section 1319 of the National Flood Insurance Act of 1968 (42
U.S.C. 4026) is amended by striking ``September 30, 2019'' and inserting
``September 30, 2021''.
(c)(1) <<NOTE: Effective date. 42 USC 4016 note.>> This section
shall become effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, this section shall be applied as if it were
in effect on September 30, 2020.
Sec. 147. <<NOTE: Applicability.>> (a) Notwithstanding section 101,
the following shall be applied by substituting ``$0'' for--
(1) ``$32,300,000'' in the first paragraph under the heading
``Bureau of Land Management--Land Acquisition'';
(2) ``$10,000,000'', and ``$320,000'' in the first paragraph
under the heading ``United States Fish and Wildlife Service--
Land Acquisition'';
(3) ``$3,628,000'' in the second paragraph under the heading
``United States Fish and Wildlife Service--Land Acquisition'';
(4) ``$30,800,000'' and ``$23,702,000'' for ``$54,502,000''
in the first paragraph under the heading ``United States Fish
and Wildlife Service--Cooperative Endangered Species
Conservation Fund'';
(5) ``$208,400,000'', ``$140,000,000'', and ``$13,000,000''
in the first paragraph under the heading ``National Park
Service--Land Acquisition and State Assistance'';
(6) ``$63,990,000'' and ``$283,000,000'' for
``$346,990,000'' under the heading ``Forest Service--State and
Private Forestry''; and
(7) ``$78,898,000'' in the first paragraph under the heading
``Forest Service--Land Acquisition''.
(b) <<NOTE: Applicability.>> Notwithstanding section 101, the first
paragraph under the heading ``United States Fish and Wildlife Service--
Land Acquisition'' shall be applied by substituting ``$7,550,000'' for
``$70,715,000''.
(c) Amounts made available by section 101 to the Department of the
Interior for ``Departmental Offices--Office of the Secretary--
Departmental Operations'' may be apportioned up to the rate for
operations necessary to fund the Appraisal and Valuation Services Office
and such amounts shall be derived from the Land and Water Conservation
Fund.
Sec. 148. Amounts made available by section 101 to the Forest
Service may be obligated in the account and budget structure set forth
in the table provided by the Secretary of Agriculture to the Committees
on Appropriations of the Senate and the House of Representatives prior
to the end of fiscal year 2020 pursuant to section 435(d) of the
Department of the Interior, Environment, and Related Agencies
Appropriations Act, 2020 (division D of Public Law 116-94): Provided,
That amounts made available by section 101 under the heading ``Forest
Service--National Forest System'' shall be available for the base salary
and expenses of employees that carry out the functions funded by the
``Capital Improvement and Maintenance'' account, the ``Range Betterment
Fund'' account, and the ``Management of National Forests for Subsistence
Uses'' account and may be apportioned up to the rate for operations
necessary to fund such base salary and expenses of such employees.
[[Page 134 STAT. 719]]
Sec. 149. <<NOTE: Continuation date.>> Activities authorized by
part A of title IV and section 1108(b) of the Social Security Act shall
continue through the date specified in section 106(3) of this Act, in
the manner authorized for fiscal year 2020, and out of any money in the
Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose:
Provided, <<NOTE: Grants.>> That grants under section 418 of the Social
Security Act shall be issued on the same basis as grants under section
403(a)(1) of such Act.
Sec. 150. (a) <<NOTE: Rescissions.>> The remaining unobligated
balances of funds as of September 30, 2020, from amounts credited and
merged pursuant to the second proviso under the heading ``Department of
Health and Human Services--Centers for Disease Control and Prevention--
Buildings and Facilities'' in title II of the Departments of Labor,
Health and Human Services, Education, and Related Agencies
Appropriations Act, 2016 (division H of Public Law 114-113) are hereby
rescinded, and, in addition to amounts otherwise provided by section
101, an amount of additional new budget authority equivalent to the
amount rescinded pursuant to this subsection is hereby appropriated on
September 30, 2020, for an additional amount for fiscal year 2020, to
remain available until September 30, 2025, and shall be available for
the same purposes, in addition to other funds as may be available for
such purposes, and under the same authorities for which the funds were
originally transferred and merged pursuant to Public Law 114-113.
(b)(1) <<NOTE: Effective date.>> This section shall become
effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, this section shall be applied as if it were
in effect on September 30, 2020.
Sec. 151. <<NOTE: Applicability.>> (a) Notwithstanding section 101,
section 529 of division A of Public Law 116-94 <<NOTE: 133 Stat.
2611.>> shall be applied by substituting ``$1,150,000,000'' for
``$3,169,819,000'' and by substituting ``section 2104(a)(24)'' for
``section 2104(a)(23)''.
(b) <<NOTE: Applicability.>> Notwithstanding section 101, section
530 of division A of Public Law 116-94 <<NOTE: 133 Stat. 2611.>> shall
be applied by substituting ``$11,005,661,000'' for ``$6,093,181,000''.
Sec. 152. (a) Funds made available in Public Law 113-235 to the
accounts of the National Institutes of Health that were available for
obligation through fiscal year 2015 and were obligated for multi-year
research grants shall be available through fiscal year 2021 for the
liquidation of valid obligations incurred in fiscal year 2015 if the
Director of the National Institutes of Health determines the project
suffered an interruption of activities attributable to SARS-CoV-2.
(b)(1) <<NOTE: Effective date.>> This section shall become
effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, this section shall be applied as if it were
in effect on September 30, 2020.
Sec. 153. <<NOTE: Time periods.>> (a) Funds made available in
Public Law 113-76 under the heading ``Rehabilitation Services and
Disability Research'' that were available for obligation through fiscal
year 2015 for the Automated Personalization Computing Project pursuant
to the first four provisos under that heading in that Act are to remain
available through fiscal year 2021 for the liquidation of valid
obligations incurred in fiscal years 2014 or 2015.
[[Page 134 STAT. 720]]
(b)(1) <<NOTE: Effective date.>> This section shall become
effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, this section shall be applied as if it were
in effect on September 30, 2020.
Sec. 154. <<NOTE: Applicability.>> Section 114(f) of the Higher
Education Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2020''.
Sec. 155. <<NOTE: Applicability.>> Section 458(a)(4) of the Higher
Education Act of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied through
the date specified in section 106(3) of this Act by substituting
``2021'' for ``2020''.
Sec. 156. <<NOTE: Rescissions.>> (a) The remaining unobligated
balances of funds as of September 30, 2020, from amounts made available
to ``Corporation for National and Community Service--Salaries and
Expenses'' in title IV of division A of the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94), are hereby rescinded, and
in addition to amounts otherwise provided by section 101, an amount of
additional new budget authority equivalent to the amount rescinded
pursuant to this subsection is hereby appropriated on September 30,
2020, for an additional amount for fiscal year 2020, to remain available
until September 30, 2021, and shall be available for the same purposes,
in addition to other funds as may be available for such purposes, and
under the same authorities for which the funds were originally provided
in Public Law 116-94.
(b) The remaining unobligated balances of funds as of September 30,
2020, from amounts made available to ``Corporation for National and
Community Service--Operating Expenses'' in title IV of division A of the
Further Consolidated Appropriations Act, 2020 (Public Law 116-94), are
hereby rescinded, and in addition to amounts otherwise provided by
section 101, an amount of additional new budget authority equivalent to
the amount rescinded pursuant to this subsection is hereby appropriated
on September 30, 2020, for an additional amount for fiscal year 2020, to
remain available until September 30, 2021, and shall be available for
the same purposes, in addition to other funds as may be available for
such purposes, and under the same authorities for which the funds were
originally provided in Public Law 116-94: Provided, That any amounts
appropriated by the preceding proviso shall not be subject to the
allotment requirements otherwise applicable under sections 129(a), (b),
(d), and (e) of the National and Community Service Act of 1993.
(c) The remaining unobligated balances of funds as of September 30,
2020, from amounts made available to ``Corporation for National and
Community Service--Office of Inspector General'' in title IV of division
A of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94), are hereby rescinded, and in addition to amounts otherwise provided
by section 101, an amount of additional new budget authority equivalent
to the amount rescinded pursuant to this subsection is hereby
appropriated on September 30, 2020, for an additional amount for fiscal
year 2020, to remain available until September 30, 2021, and shall be
available for the same purposes, in addition to other funds as may be
available for such purposes, and under the same authorities for which
the funds were originally provided in Public Law 116-94.
[[Page 134 STAT. 721]]
(d)(1) <<NOTE: Repeal. Applicability.>> Section 3514(b) of title
III of division A of Public Law 116-136 <<NOTE: 42 USC 12501 note.>> is
hereby repealed, and such section shall be applied hereafter as if such
subsection had never been enacted.
(2)(A) In general.--The amounts provided under this
subsection are designated as an emergency requirement pursuant
to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 933(g)).
(B) Designation in the senate.--In the Senate, this
subsection is designated as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for
fiscal year 2018.
(C) Classification of budgetary effects.--
Notwithstanding Rule 3 of the Budget Scorekeeping
Guidelines set forth in the joint explanatory statement
of the committee of conference accompanying Conference
Report 105-217 and section 250(c)(7) and (c)(8) of the
Balanced Budget and Emergency Deficit Control Act of
1985, the budgetary effects of this subsection--
(i) shall not be estimated for purposes of
section 251 of such Act;
(ii) shall not be estimated for purposes of
paragraph (4)(C) of section 3 of the Statutory Pay
As-You-Go Act of 2010 as being included in an
appropriation Act; and
(iii) shall be treated as if they were
contained in a PAYGO Act, as defined by section
3(7) of the Statutory Pay-As-You-Go Act of 2010 (2
U.S.C. 932(7)).
(e)(1) <<NOTE: Effective date. 42 USC 12501 note.>> This section
shall become effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, this section shall be applied as if it were
in effect on September 30, 2020.
Sec. 157. Notwithstanding any other provision of this Act, there is
hereby appropriated for fiscal year 2021 for payment to the John R.
Lewis Revocable Trust, beneficiary of John R. Lewis, late a
Representative from the State of Georgia, $174,000.
Sec. 158. Notwithstanding section 101, amounts are provided for
``House of Representatives--Salaries and Expenses'' at a rate for
operations of $1,383,725,000.
Sec. 159. <<NOTE: Reimbursements. 2 USC 162b note.>>
Notwithstanding any other provision of this Act--
(1) the authority of the Library of Congress to reimburse
the Little Scholars Child Development Center at the Library of
Congress under section 19004 of the CARES Act (2 U.S.C. 162b
note; 134 Stat. 578) shall remain in effect with respect to
salaries incurred until the termination of the public health
emergency declared pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d) resulting from the COVID-19
pandemic; and
(2) the authority of the Government Accountability Office to
reimburse the Tiny Findings Child Development Center under
section 19009 of the CARES Act (134 Stat. 579) shall remain in
effect with respect to salaries incurred until the termination
of the public health emergency declared pursuant to section 319
of the Public Health Service Act (42 U.S.C. 247d) resulting from
the COVID-19 pandemic.
[[Page 134 STAT. 722]]
(3) Section 19005(a) of the CARES Act (2 U.S.C. 1816b note;
134 Stat. 578) shall be amended by striking ``for not more than
16 weeks'' and inserting in its place ``until the termination of
the public health emergency declared pursuant to section 319 of
the Public Health Service Act (42 U.S.C. 247d) resulting from
the COVID-19 pandemic''.
Sec. 160. (a) <<NOTE: Contracts.>> 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, the period for the performance or delivery of
services under the contract may be extended for a period equivalent to
the delay or suspension of services, but not exceeding an additional 12
months.
(b) <<NOTE: Applicability. Time period.>> Contracts Covered.--This
section applies with respect to contracts for severable services
procured for a period beginning in fiscal year 2019 or fiscal year 2020.
Sec. 161. <<NOTE: Effective date.>> Effective upon enactment of
this Act, the matter preceding the first proviso under the heading
``Department of Veterans Affairs--Veterans Benefits Administration--
Compensation and Pensions'' in division F of Public Law 116-
94 <<NOTE: 133 Stat. 2788.>> is amended by replacing ``shall become
available on October 1, 2020:'' with ``, to remain available until
expended and to become available on October 1, 2020:''.
Sec. 162. Amounts made available by section 101 for ``Department of
Veterans Affairs--Departmental Administration--Veterans Electronic
Health Record'' may be apportioned up to the rate for operations
necessary to maintain support activities related to implementation and
maintenance of a Veterans Electronic Health Record system, including
contractual costs associated with operations authorized by section 3109
of title 5, United States Code, and salaries and expenses of employees
hired under titles 5 and 38, United States Code.
Sec. 163. Notwithstanding section 106 of this Act, at any time
during fiscal year 2021, the Secretary of Veterans Affairs may transfer
up to $140,000,000 of the unobligated balances available under the
heading ``Department of Veterans Affairs--Veterans Health
Administration--Medical Services'' in title X of division B of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136)
to the ``Canteen Service Revolving Fund'' of the Department to prevent,
prepare for, and respond to coronavirus, domestically or
internationally: Provided, That amounts so transferred shall be for
offsetting the losses resulting from the coronavirus pandemic of
Veterans Canteen Service collections pursuant to chapter 78 of title 38,
United States Code: Provided further, That the transferred amounts
shall be in addition to any other funds made available for this purpose:
Provided further, That amounts transferred under this section that were
previously designated by the Congress as an emergency requirement
pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985 are designated by the Congress as an emergency requirement pursuant
to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 164. Amounts made available by section 101 to the Department
of State for ``Administration of Foreign Affairs--Repatriation Loans
Program Account'' may be apportioned up to the rate for
[[Page 134 STAT. 723]]
operations necessary to accommodate increased demand for commitments for
repatriation loans authorized by section 4(b)(2)(B) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2671(b)(2)(B)).
Sec. 165. <<NOTE: Continuation date.>> Section 21009 of the
Coronavirus Aid, Relief, and Economic Security Act (Public Law 116-136)
shall continue in effect through the date specified in section 106 of
this Act.
Sec. 166. <<NOTE: Applicability.>> (a) During the period covered by
this Act, section 1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C.
214(b)(1)) shall be applied by substituting ``the costs of providing
consular services'' for ``such costs''.
(b) <<NOTE: Determination. Reports. Consultation.>> During the
period covered by this Act, discretionary amounts made available by
section 101 to the Department of State in title I under the heading
``Administration of Foreign Affairs'' and discretionary unobligated
balances under such heading from prior Acts making appropriations for
the Department of State, foreign operations, and related programs, may
be transferred to the Consular and Border Security Programs account if
the Secretary of State determines and reports to the Committees on
Appropriations that to do so is necessary to sustain consular
operations, following consultation with such Committees: Provided, That
such transfer authority is in addition to any transfer authority
otherwise available in this Act and under any other provision of law:
Provided further, That no amounts may be transferred from amounts
designated for Overseas Contingency Operations/Global War on Terrorism
or as emergency requirements pursuant to a concurrent resolution on the
budget or section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
(c) <<NOTE: Notification.>> Amounts made available by section 101
to the Department of State for ``Diplomatic Programs'' may be
apportioned up to the rate for operations necessary to sustain consular
operations, and the obligation of such apportioned funds shall be
subject to the regular notification procedures of the Committees on
Appropriations.
Sec. 167. <<NOTE: Notification.>> Notwithstanding any other
provision of this Act, and subject to the regular notification
procedures of the Committees on Appropriations, the limitations in
section 7044(e)(2) of division G of Public Law 116-94 shall not apply to
funds made available in this Act or in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2020, for disaster
relief; to protect human rights, locate and identify missing persons,
and assist victims of torture; to promote justice, accountability, and
reconciliation; to enhance maritime security and domain awareness; and
for International Military Education and Training.
Sec. 168. Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking
``October 1, 2020'' and inserting ``October 1, 2021''.
Sec. 169. <<NOTE: Rescissions.>> (a) The remaining unobligated
balances of funds, as of September 30, 2020, from amounts made available
to ``Department of Transportation--Office of the Secretary--National
Infrastructure Investments'' in title I of division K of the
Consolidated Appropriations Act, 2017 (Public Law 115-31), other than
such funds administratively allocated to carry out the administration
and oversight of awards under the national infrastructure investments
program, are hereby rescinded, and in addition to amounts otherwise
provided by section 101, an amount of additional new budget authority
equivalent to the amount rescinded pursuant to
[[Page 134 STAT. 724]]
this subsection is hereby appropriated on September 30, 2020, for an
additional amount for fiscal year 2020, to remain available until
September 30, 2021, in addition to other funds as may be available for
such purposes, and shall be available, without additional competition,
for completing the funding of awards made pursuant to the fiscal year
2017 National Infrastructure Investments grants (also known as the
Better Utilizing Investments to Leverage Development, or BUILD grants).
(b) <<NOTE: Rescissions.>> The remaining unobligated balances of
funds, as of September 30, 2020, from amounts made available to
``Department of Transportation--Office of the Secretary--National
Infrastructure Investments'' in title I of division L of the
Consolidated Appropriations Act, 2018 (Public Law 115-141), other than
such funds administratively allocated to carry out the administration
and oversight of awards under the national infrastructure investments
program, are hereby rescinded, and in addition to amounts otherwise
provided by section 101, an amount of additional new budget authority
equivalent to the amount rescinded pursuant to this subsection is hereby
appropriated on September 30, 2020, for an additional amount for fiscal
year 2020, to remain available until September 30, 2021, in addition to
other funds as may be available for such purposes, and shall be
available, without additional competition, for completing the funding of
awards made pursuant to the fiscal year 2018 National Infrastructure
Investments grants (also known as the Better Utilizing Investments to
Leverage Development, or BUILD grants).
(c)(1) <<NOTE: Effective date.>> This section shall become
effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, this section shall be applied as if it were
in effect on September 30, 2020.
Sec. 170. <<NOTE: Applicability.>> Notwithstanding section 101,
the matter preceding the first proviso under the heading ``Government
National Mortgage Association--Guarantees of Mortgage-Backed Securities
Loan Guarantee Program Account'' in the Further Consolidated
Appropriations Act, 2020 (Public Law 116-94) <<NOTE: 133 Stat. 2996.>>
shall be applied by substituting ``$1,278,000,000,000'' for
``$550,000,000,000'': Provided, That amounts made available under such
heading by this Act may be apportioned up to the rate for operations
necessary to accommodate increased demand for new commitments to issue
guarantees to carry out the purposes of section 306 of the National
Housing Act as amended (12 U.S.C. 1721(g)).
Sec. 171. <<NOTE: Time periods.>> (a) Funds previously made
available in the Consolidated and Further Continuing Appropriations Act,
2013 (Public Law 113-6) for the ``Choice Neighborhoods Initiative'' that
were available for obligation through fiscal year 2015 are to remain
available through fiscal year 2021 for the liquidation of valid
obligations incurred in fiscal years 2013 through 2015.
(b)(1) <<NOTE: Effective date.>> This section shall become
effective immediately upon enactment of this Act.
(2) <<NOTE: Applicability.>> If this Act is enacted after
September 30, 2020, this section shall be applied as if it were
in effect on September 30, 2020.
Sec. 172. Amounts made available by section 101 to the Department
of Housing and Urban Development for ``Housing Programs--Housing for the
Elderly'' may be apportioned up to the rate for operations necessary
to--
[[Page 134 STAT. 725]]
(1) maintain project rental assistance for the elderly under section
202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(2)), including
making amendments to contracts for such assistance and renewing expiring
contracts for such assistance for up to a 1-year term; and
(2) be available to make awards to existing grantees to
continue, without competition, demonstration programs to test
housing with services models for the elderly that demonstrate
the potential to delay or avoid the need for nursing home care.
Sec. 173. <<NOTE: Reimbursement.>> Amounts provided by section 111
to the Department of Agriculture for ``Corporations--Commodity Credit
Corporation Fund--Reimbursement for Net Realized Losses'' may be used,
prior to the completion of the report described in section 2 of the Act
of August 17, 1961 (15 U.S.C. 713a-11), to reimburse the Commodity
Credit Corporation for net realized losses sustained, but not previously
reimbursed, as of September 17, 2020.
This Act may be cited as the ``Continuing Appropriations Act,
2021''.
DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION
TITLE I--SURFACE TRANSPORTATION PROGRAMS
SEC. 1101. <<NOTE: 23 USC 101 note.>> EXTENSION OF FEDERAL
SURFACE TRANSPORTATION PROGRAMS.
(a) <<NOTE: Incorporated by reference.>> In General.--Except as
otherwise provided in this division, the requirements, authorities,
conditions, eligibilities, limitations, and other provisions authorized
under the covered laws, which would otherwise expire on or cease to
apply after September 30, 2020, are incorporated by reference and shall
continue in effect through September 30, 2021.
(b) Authorization of Appropriations.--
(1) Highway trust fund.--
(A) Highway account.--There is authorized to be
appropriated from the Highway Account for fiscal year
2021, for each program with respect to which amounts are
authorized to be appropriated from such account for
fiscal year 2020, an amount equal to the amount
authorized for appropriation with respect to the program
from such account under the covered laws for fiscal year
2020.
(B) Mass transit account.--There is authorized to be
appropriated from the Mass Transit Account for fiscal
year 2021, for each program with respect to which
amounts are authorized to be appropriated from such
account for fiscal year 2020, an amount equal to the
amount authorized for appropriation with respect to the
program from such account under the covered laws for
fiscal year 2020.
(2) General fund.--There is authorized to be appropriated
for fiscal year 2021, for each program under the covered laws
with respect to which amounts are authorized to be appropriated
for fiscal year 2020 from an account other than the Highway
Account or the Mass Transit Account, an amount
[[Page 134 STAT. 726]]
that is not less than the amount authorized for appropriation
with respect to the program under the covered laws for fiscal
year 2020.
(c) Use of Funds.--Amounts authorized to be appropriated for fiscal
year 2021 with respect to a program under subsection (b) shall be
distributed, administered, limited, and made available for obligation in
the same manner as amounts authorized to be appropriated with respect to
the program for fiscal year 2020 under the covered laws.
(d) Obligation Limitation.--A program for which amounts are
authorized to be appropriated under subsection (b)(1) shall be subject
to a limitation on obligations for fiscal year 2021 in the same amount
and in the same manner as the limitation applicable with respect to the
program for fiscal year 2020.
(e) Definitions.--In this section:
(1) Covered laws.--The term ``covered laws'' means the
following:
(A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and
XXIV of the FAST Act (Public Law 114-94).
(B) Division A, division B, subtitle A of title I
and title II of division C, and division E of MAP-21
(Public Law 112-141).
(C) Titles I, II, and III of the SAFETEA-LU
Technical Corrections Act of 2008 (Public Law 110-244).
(D) Titles I, II, III, IV, V, and VI of SAFETEA-LU
(Public Law 109-59).
(E) Titles I, II, III, IV, and V of the
Transportation Equity Act for the 21st Century (Public
Law 105-178).
(F) Titles II, III, and IV of the National Highway
System Designation Act of 1995 (Public Law 104-59).
(G) Titles I, II, III, IV, V, and VI of the
Intermodal Surface Transportation Efficiency Act of 1991
(Public Law 102-240).
(H) Title 23, United States Code.
(I) Sections 116, 117, 330, 5128, 5505, and 24905
and chapters 53, 139, 303, 311, 313, 701, and 702 of
title 49, United States Code.
(2) Highway account.--The term ``Highway Account'' means the
portion of the Highway Trust Fund that is not the Mass Transit
Account.
(3) Mass transit account.--The term ``Mass Transit Account''
means the portion of the Highway Trust Fund established under
section 9503(e)(1) of the Internal Revenue Code of 1986.
SEC. 1102. NATIONALLY SIGNIFICANT FREIGHT AND HIGHWAY PROJECTS.
Section 117(d)(2)(A) of title 23, United States Code, is amended in
the matter preceding clause (i)--
(1) by striking ``$500,000,000'' and inserting
``$600,000,000''; and
(2) by striking ``2020'' and inserting ``2021''.
SEC. 1103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.
Section 403(h)(2) of title 23, United States Code, is amended--
(1) by striking ``2020'' and inserting ``2021''; and
(2) by striking ``$21,248,000'' and inserting
``$26,560,000''.
[[Page 134 STAT. 727]]
SEC. 1104. RAIL-RELATED PROVISIONS.
(a) Federal Funding for Operating Losses.--Section 24321 of title
49, United States Code, is amended--
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(b) Direct Loans and Loan Guarantees.--Section 502(b)(3) of the
Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C.
822(b)(3)) is amended by striking ``September 30, 2020'' and inserting
``September 30, 2021''.
SEC. 1105. SUSPENSION FOR EXTENSION PERIOD OF ADJUSTMENTS FOR
ADDITIONAL DEPOSITS INTO HIGHWAY TRUST
FUND.
Section 105 of title 23, United States Code, shall not apply to
monies deposited into the Highway Trust Fund by this division.
SEC. 1106. PROHIBITION ON USE OF FUNDS.
None of the funds authorized in this division or any other Act may
be used to adjust apportionments for the Mass Transit Account of the
Highway Trust Fund or withhold funds from apportionments for the Mass
Transit Account of the Highway Trust Fund pursuant to section 9503(e)(4)
of the Internal Revenue Code of 1986 in fiscal year 2021.
SEC. 1107. APPALACHIAN REGIONAL COMMISSION.
(a) Authorization of Appropriations.--Section 14703 of title 40,
United States Code, is amended--
(1) in subsection (a)(5) by striking ``2020'' and inserting
``2021''; and
(2) in subsection (c) by striking ``2020'' and inserting
``2021''.
(b) Termination.--Section 14704 of title 40, United States Code, is
amended by striking ``2020'' and inserting ``2021''.
TITLE II--TRUST FUNDS
SEC. 1201. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE AUTHORITY.
Section 9503 of the Internal Revenue Code of 1986 <<NOTE: 26 USC
9503.>> is amended--
(1) by striking ``October 1, 2020'' in subsections
(b)(6)(B), (c)(1), and (e)(3) and inserting ``October 1, 2021'';
and
(2) by striking ``FAST Act'' in subsections (c)(1) and
(e)(3) and inserting ``Continuing Appropriations Act, 2021 and
Other Extensions Act''.
SEC. 1202. SPORT FISH RESTORATION AND BOATING TRUST FUND.
Section 9504 <<NOTE: 26 USC 9504.>> of the Internal Revenue Code of
1986 is amended--
(1) by striking ``FAST Act'' each place it appears in
subsection (b)(2) and inserting ``Continuing Appropriations Act,
2021 and Other Extensions Act''; and
(2) by striking ``October 1, 2020'' in subsection (d)(2) and
inserting ``October 1, 2021''.
SEC. 1203. LEAKING UNDERGROUND STORAGE TANK TRUST FUND.
Section 9508(e)(2) of the Internal Revenue Code of 1986 <<NOTE: 26
USC 9508.>> is amended by striking ``October 1, 2020'' and inserting
``October 1, 2021''.
[[Page 134 STAT. 728]]
SEC. 1204. FURTHER ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of
1986 <<NOTE: 26 USC 9503.>> is amended by redesignating paragraph (10)
as paragraph (11) and by inserting after paragraph (9) the following new
paragraph:
``(10) Further transfers to trust fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby
appropriated--
``(A) $10,400,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust
Fund; and
``(B) $3,200,000,000 to the Mass Transit Account in
the Highway Trust Fund.''.
SEC. 1205. ADDITIONAL TRANSFER TO TRUST FUND.
Section 9502 of the Internal Revenue Code of 1986 <<NOTE: 26 USC
9502.>> is amended by adding at the end the following:
``(f) Additional Transfer to Trust Fund.--Out of money in the
Treasury not otherwise appropriated, there is hereby appropriated
$14,000,000,000 to the Airport and Airway Trust Fund.''.
DIVISION C--HEALTH EXTENDERS
TITLE I--PUBLIC HEALTH EXTENDERS
SEC. 2101. COMMUNITY HEALTH CENTERS, NATIONAL HEALTH SERVICE
CORPS, AND TEACHING HEALTH CENTERS THAT
OPERATE GRADUATE MEDICAL EDUCATION
PROGRAMS.
(a) Community Health Centers.--Section 10503(b)(1)(F) of the Patient
Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(1)(F)) is
amended--
(1) by striking ``$668,493,151'' and inserting
``$789,041,096''; and
(2) by striking ``November 30, 2020'' and inserting
``December 11, 2020''.
(b) National Health Service Corps.--Section 10503(b)(2)(H) of the
Patient Protection and Affordable Care Act (42 U.S.C. 254b-2(b)(2)(H))
is amended--
(1) by striking ``$51,808,219'' and inserting
``$61,150,685''; and
(2) by striking ``November 30, 2020'' and inserting
``December 11, 2020''.
(c) Teaching Health Centers That Operate Graduate Medical Education
Programs.--Section 340H(g)(1) of the Public Health Service Act (42
U.S.C. 256h(g)(1)) is amended--
(1) by striking ``$21,141,096'' and inserting
``$24,953,425''; and
(2) by striking ``November 30, 2020'' and inserting
``December 11, 2020''.
(d) <<NOTE: Time period.>> Application of Provisions.--Amounts
appropriated pursuant to the amendments made by this section for the
period beginning on October 1, 2020, through December 11, 2020, shall be
subject to the requirements contained in Public Law 116-94 for funds for
programs authorized under sections 330 through 340 of the Public Health
Service Act (42 U.S.C. 254 through 256).
[[Page 134 STAT. 729]]
(e) Conforming Amendment.--Paragraph (4) of section 3014(h) of title
18, United States Code, is amended--
(1) by striking ``Social Services Act,,,'' and inserting
``Social Services Act,''; and
(2) by striking ``and section 3831 of the CARES Act'' and
inserting ``, section 3831 of the CARES Act, and section 2101 of
the Continuing Appropriations Act, 2021 and Other Extensions
Act''.
SEC. 2102. DIABETES PROGRAMS.
(a) Special Diabetes Programs for Type I Diabetes.--Section
330B(b)(2)(D) of the Public Health Service Act (42 U.S.C. 254c-
2(b)(2)(D)) is amended--
(1) by striking ``$25,068,493'' and inserting
``$29,589,042''; and
(2) by striking ``November 30, 2020'' and inserting
``December 11, 2020''.
(b) Special Diabetes Programs for Indians.--Section 330C(c)(2)(D) of
the Public Health Service Act (42 U.S.C. 254c-3(c)(2)(D)) is amended--
(1) by striking ``$25,068,493'' and inserting
``$29,589,042''; and
(2) by striking ``November 30, 2020'' and inserting
``December 11, 2020''.
SEC. 2103. PERSONAL RESPONSIBILITY EDUCATION.
Section 513 of the Social Security Act (42 U.S.C. 713) is amended by
striking ``November 30, 2020'' each place it appears and inserting
``December 11, 2020''.
SEC. 2104. SEXUAL RISK AVOIDANCE EDUCATION.
Section 510 of the Social Security Act (42 U.S.C. 710) is amended--
(1) by striking ``November 30, 2020'' each place it appears
and inserting ``December 11, 2020'';
(2) in subsection (a)(2)(B)(i), by striking ``such period,
for fiscal year 2020'' and inserting ``the period described in
subparagraph (A), for fiscal year 2021''; and
(3) in subsection (f)(2), by striking ``and 2019'' and
inserting ``through 2020,''.
SEC. 2105. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
EXTENSION.
Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 360ff(b)(5)) is amended--
(1) by striking ``September 30, 2020'' each place it appears
and inserting ``December 11, 2020''; and
(2) in subparagraph (B), by striking ``September 30, 2022''
and inserting ``December 11, 2022''.
SEC. 2106. <<NOTE: 42 USC 210-1 note.>> AUTHORIZATION TO
ACCUMULATE EXCESS ANNUAL LEAVE.
(a) In General.--Notwithstanding section 219 of the Public Health
Service Act (42 U.S.C. 210-1), a commissioned officer of the Public
Health Service who, except for this section, would lose at the end of
the fiscal year 2020 accumulated annual leave in excess of 60 days, may
retain such amounts of accumulated annual leave in excess of 60 days.
[[Page 134 STAT. 730]]
(b) <<NOTE: Deadline.>> Use of Excess Leave.--Annual leave retained
pursuant to subsection (a) shall be lost unless it is used by the
officer no later than September 30, 2023.
(c) Applicability.--This section shall not apply to an officer on
terminal leave preceding separation, retirement, or release from active
duty, as of the effective date specified in subsection (d).
(d) Effective Date.--This section shall become effective on the
earlier of--
(1) the date of the enactment of this Act; or
(2) September 30, 2020.
SEC. 2107. <<NOTE: Effective date. Applicability. 42 USC 231
note.>> HHS SERVICES AND SUPPLY FUND.
Effective as if included in the enactment of the paragraph beginning
with ``Service and supply fund:'' under the heading ``Public Health
Service'' in the Federal Security Agency Appropriation Act, 1946 (42
U.S.C. 231), such paragraph shall be applied with respect to any fiscal
year as though the phrase ``central services'' referred to central
services for any Federal agency.
TITLE II--MEDICARE EXTENDERS
SEC. 2201. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR UNDER THE
MEDICARE PROGRAM.
Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C. 1395w-
4(e)(1)(E)), as amended by section 3801 of the CARES Act (Public Law
116-136), is amended by striking ``December 1, 2020'' and inserting
``December 12, 2020''.
SEC. 2202. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT,
INPUT, AND SELECTION.
Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)), as amended by section 3802 of the CARES Act (Public Law
116-136), is amended--
(1) in the first sentence, by striking ``November 30, 2020''
and inserting ``December 11, 2020''; and
(2) in the third sentence, by striking ``November 30, 2020''
and inserting ``December 11, 2020''.
SEC. 2203. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-
INCOME PROGRAMS.
(a) State Health Insurance Programs.--Subsection (a)(1)(B) of
section 119 of the Medicare Improvements for Patients and Providers Act
of 2008 (42 U.S.C. 1395b-3 note), as amended by section 3306 of the
Patient Protection and Affordable Care Act (Public Law 111-148), section
610 of the American Taxpayer Relief Act of 2012 (Public Law 112-240),
section 1110 of the Pathway for SGR Reform Act of 2013 (Public Law 113-
67), section 110 of the Protecting Access to Medicare Act of 2014
(Public Law 113-93), section 208 of the Medicare Access and CHIP
Reauthorization Act of 2015 (Public Law 114-10), section 50207 of
division E of the Bipartisan Budget Act of 2018 (Public Law 115-123),
section 1402 of division B of the Continuing Appropriations Act, 2020,
and Health Extenders Act of 2019 (Public Law 116-59), section 1402 of
division B of the Further Continuing Appropriations Act, 2020, and
Further Health Extenders Act of 2019 (Public Law 116-69), section 103 of
division N of the Further Consolidated Appropriations Act, 2020 (Public
Law 116-94), and section 3803 of the CARES
[[Page 134 STAT. 731]]
Act (Public Law 116-136) is amended in clause (xi) by striking
``November 30, 2020'' and inserting ``December 11, 2020''.
(b) Area Agencies on Aging.--Subsection (b)(1)(B) of such section
119, as so amended, is amended in clause (xi) by striking ``November 30,
2020'' and inserting ``December 11, 2020''.
(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B) of
such section 119, as so amended, is amended in clause (xi) by striking
``November 30, 2020'' and inserting ``December 11, 2020''.
(d) Contract With the National Center for Benefits and Outreach
Enrollment.--Subsection (d)(2) of such section 119, as so amended, is
amended in clause (xi) by striking ``November 30, 2020'' and inserting
``December 11, 2020''.
TITLE III--MEDICAID EXTENDERS
SEC. 2301. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING
DEMONSTRATION.
Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42
U.S.C. 1396a note), as inserted by section 3811 of the CARES Act (Public
Law 116-136), is amended by striking ``November 30, 2020'' and inserting
``December 11, 2020''.
SEC. 2302. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.
(a) In General.--Section 2404 of the Patient Protection and
Affordable Care Act (42 U.S.C. 1396r-5 note), as amended by section 3812
of the CARES Act (Public Law 116-136), is amended by striking ``November
30, 2020'' and inserting ``December 11, 2020''.
(b) <<NOTE: 42 USC 1396a note.>> Rule of Construction.--Nothing in
section 2404 of Public Law 111-148 (42 U.S.C. 1396r-5 note) or section
1902(a)(17) or 1924 of the Social Security Act (42 U.S.C. 1396a(a)(17),
1396r-5) shall be construed as prohibiting a State from--
(1) applying an income or resource disregard under a
methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))--
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act
(42 U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a
disregard of the income or resources of such
individual's spouse); or
(B) on the basis of an individual's need for home
and community-based services authorized under subsection
(c), (d), (i), or (k) of section 1915 of such Act (42
U.S.C. 1396n) or under section 1115 of such Act (42
U.S.C. 1315); or
(2) disregarding an individual's spousal income and assets
under a plan amendment to provide medical assistance for home
and community-based services for individuals by reason of being
determined eligible under section 1902(a)(10)(C) of such Act (42
U.S.C. 1396a(a)(10)(C)) or by reason of section 1902(f) of such
Act (42 U.S.C. 1396a(f)) or otherwise on the basis of a
reduction of income based on costs incurred for medical or other
remedial care under which the State disregarded the income and
assets of the individual's spouse in determining the initial and
ongoing financial eligibility of an individual for such services
in place of the spousal impoverishment provisions applied under
section 1924 of such Act (42 U.S.C. 1396r-5).
[[Page 134 STAT. 732]]
SEC. 2303. DELAY OF DSH REDUCTIONS.
Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C. 1396r-
4(f)(7)(A)), as amended by section 3813 of the CARES Act (Public Law
116-136), is amended--
(1) in clause (i), in the matter preceding subclause (I), by
striking ``December 1, 2020'' and inserting ``December 12,
2020''; and
(2) in clause (ii)(I), by striking ``December 1, 2020'' and
inserting ``December 12, 2020''.
SEC. 2304. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.
Section 223(d)(3) of the Protecting Access to Medicare Act of 2014
(42 U.S.C. 1396a note), as amended by section 3814 of the CARES Act
(Public Law 116-136), is amended by striking ``November 30, 2020'' and
inserting ``December 11, 2020''.
TITLE IV--MEDICARE PART B PREMIUM ADJUSTMENT
SEC. 2401. 2021 MEDICARE PART B PREMIUM AND DEDUCTIBLE.
(a) 2021 Premium and Deductible and Repayment Through Future
Premiums.--Section 1839(a) of the Social Security Act (42 U.S.C.
1395r(a)) is amended--
(1) in the second sentence of paragraph (1), by striking
``(5) and (6)'' and inserting ``(5), (6), and (7)'';
(2) in paragraph (6)(C)--
(A) in clause (i), by striking ``section
1844(d)(1)'' and inserting ``subsections (d)(1) and
(e)(1) of section 1844''; and
(B) in clause (ii), by striking ``paragraph (5)''
and inserting ``paragraphs (5) and (7)''; and
(3) by adding at the end the following:
``(7)(A) <<NOTE: Applicability. Determination.>> In applying this
part (including subsection (i) and section 1833(b)), the monthly
actuarial rate for enrollees age 65 and over for 2021 shall be
determined to be equal to the sum of--
``(i) the monthly actuarial rate for enrollees age 65 and
over for 2020; plus
``(ii) 25 percent of the difference between such rate for
2020 and the preliminary monthly actuarial rate for enrollees
age 65 and over for 2021 (as estimated under subparagraph (B)).
``(B) <<NOTE: Estimate.>> For purposes of subparagraph (A)(ii), the
Secretary shall estimate a preliminary monthly actuarial rate for
enrollees age 65 and over for 2021 using the methodology described in
paragraph (1) and as if subparagraph (A) of this paragraph did not
apply. The Secretary shall make the estimate under the previous sentence
as if the transfers described in section 1844(f)(1) have been made.''.
(b) Transitional Government Contribution.--Section 1844 of the
Social Security Act (42 U.S.C. 1395w) is amended--
(1) in subsection (a), by adding at the end the following
new sentence: <<NOTE: Applicability.>> ``In applying paragraph
(1), the amounts transferred under subsection (e)(1) with
respect to enrollees described in subparagraphs (A) and (B) of
such subsection shall be treated as premiums payable and
deposited in the Trust Fund under
[[Page 134 STAT. 733]]
subparagraphs (A) and (B), respectively, of paragraph (1).'';
and
(2) by adding at the end the following:
``(e)(1) For 2021, there shall be transferred from the General Fund
to the Trust Fund an amount, as estimated by the Chief Actuary of the
Centers for Medicare & Medicaid Services, equal to the reduction in
aggregate premiums payable under this part for a month in such year
(excluding any changes in amounts collected under section 1839(i)) that
are attributable to the application of section 1839(a)(7) with respect
to--
``(A) enrollees age 65 and over; and
``(B) enrollees under age 65.
Such amounts shall be transferred from time to time as appropriate.
``(2) Premium increases affected under section 1839(a)(6) shall not
be taken into account in applying subsection (a).
``(3) There shall be transferred from the Trust Fund to the General
Fund of the Treasury amounts equivalent to the additional premiums
payable as a result of the application of section 1839(a)(6), excluding
the aggregate payments attributable to the application of section
1839(i)(3)(A)(ii)(II).''.
(c) Additional Transitional Government Contribution.--Section 1844
of the Social Security Act (42 U.S.C. 1395w), as amended by subsection
(b)(2), is amended by adding at the end the following:
``(f)(1) <<NOTE: Time period.>> There shall be transferred from the
General Fund of the Treasury to the Trust Fund an amount, as estimated
by the Chief Actuary of the Centers for Medicare & Medicaid Services,
equal to amounts paid in advance for items and services under this part
during the period beginning on the first day of the emergency period
described in section 1135(g)(1)(B) and ending on the date of the
enactment of this paragraph.
``(2) There shall be transferred from the Trust Fund to the General
Fund of the Treasury amounts equivalent to the sum of--
``(A) the amounts by which claims have offset (in whole or
in part) the amount of such payments described in paragraph (1);
and
``(B) the amount of such payments that have been repaid (in
whole or in part).
``(3) Amounts described in paragraphs (1) and (2) shall be
transferred from time to time as appropriate.''.
(d) Indentation Correction.--Section 1839(i)(3)(A)(ii) of the Social
Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is amended by moving the
indentation of subclause (I) two ems to the right.
TITLE V--ACCELERATED AND ADVANCE PAYMENT PROGRAMS
SEC. 2501. MODIFYING ACCELERATED AND ADVANCE PAYMENT PROGRAMS
UNDER PARTS A AND B OF THE MEDICARE
PROGRAM DURING THE COVID-19 EMERGENCY.
(a) Special Repayment Rules and Other Modifications.--
(1) Part a.--
(A) In general.--Section 1815(f)(2)(C) of the Social
Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended to
read as follows:
[[Page 134 STAT. 734]]
``(C) In the case of a payment made under the terms of the
program under subsection (e)(3), including such program as
expanded pursuant to this subsection, on or after the date of
the enactment of the CARES Act and so made during the emergency
period described in section 1135(g)(1)(B), upon request of a
hospital, the Secretary shall--
``(i) provide 1 year before payments for items and
services furnished by the hospital are offset to recoup
payments under such program;
``(ii) provide that any such offset be an amount
equal to--
``(I) during the first 11 months in which any
such offsets are made with respect to payment for
items and services furnished by the hospital, 25
percent of the amount of such payment for such
items and services; and
``(II) during the succeeding 6 months, 50
percent of the amount of such payment for such
items and services; and
``(iii) allow 29 months from the date of the first
payment under such program to such provider before
requiring that the outstanding balance be paid in
full.''.
(B) Authority for discretion.--Section
1815(f)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1395g(f)(2)(A)(ii)) is amended by inserting ``(or, with
respect to requests submitted to the Secretary after
April 26, 2020, may)'' after ``shall.''.
(C) <<NOTE: 42 USC 1395g note.>> Application to
other part a providers.--
(i) In general.--In the case of a payment made
under the terms of an applicable program (as
defined in clause (ii)), on or after the date of
the enactment of the CARES Act (Public Law 116-
136) and so made during the emergency period
described in section 1135(g)(1)(B) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)(B)), upon
request of an applicable provider (as defined in
clause (iii)), the provisions of section
1815(f)(2)(C) of such Act (42 U.S.C.
1395g(f)(2)(C)), as amended by subparagraph (A),
shall apply with respect to such payment in the
same manner as such provisions apply with respect
to a payment made under the terms of the program
under subsection (e)(3) of section 1815 of such
Act (42 U.S.C. 1395g), including such program as
expanded pursuant to subsection (f) of such
section, on or after the date of the enactment of
the CARES Act (Public Law 116-136) and so made
during such emergency period.
(ii) Applicable program defined.--In this
clause, the term ``applicable program'' means--
(I) the programs under sections
413.64(g), 412.541(f), 412.632(e),
412.116(f), 413.350(d), or 418.307 of
title 42, Code of Federal Regulations
(or any successor regulations); and
(II) any other comparable program
under part A of title XVIII of the
Social Security Act, as determined by
the Secretary.
(iii) Applicable provider.--In this clause,
the term ``applicable provider'' means a provider
of services
[[Page 134 STAT. 735]]
that is eligible for payment under an applicable
program.
(2) <<NOTE: Time periods. 42 USC 1395u note.>> Part b.--
(A) In general.--In the case of a payment made under
the terms of the program described in section 421.214 of
title 42, Code of Federal Regulations (or any successor
regulation) on or after the date of the enactment of the
CARES Act (Public Law 116-136) and so made during the
emergency period described in section 1135(g)(1)(B) of
the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)),
the Secretary of Health and Human Services shall, upon
request of the provider of services or supplier
receiving such payment--
(i) provide 1 year before payments for items
and services furnished by such provider or
supplier are offset to recoup payments under such
program;
(ii) provide that any such offset be an amount
equal to--
(I) during the first 11 months in
which any such offsets are made with
respect to payment for items and
services furnished by such provider or
supplier, 25 percent of the amount of
such payment for such items and
services; and
(II) during the succeeding 6 months,
50 percent of the amount of such payment
for such items and services; and
(iii) allow 29 months from the date of the
first payment under such program to such provider
or supplier before requiring that the outstanding
balance be paid in full.
(B) <<NOTE: Effective date.>> Limitation on further
part b advance payments.--With respect to the period of
the emergency period described in section 1135(g)(1)(B)
of the Social Security Act (42 U.S.C. 1320b-5(g)(1)(B))
beginning on the date of the enactment of this Act, the
total amount of payments made under the terms of the
program described in section 421.214 of title 42, Code
of Federal Regulations (or any successor regulation)--
(i) for the portion of 2020 occurring during
such period of the emergency period and for each
year, shall not exceed $10,000,000;
(ii) for each year beginning and ending during
such period of the emergency period, shall not
exceed $10,000,000; and
(iii) for the last year beginning during such
period of the emergency period, the portion of
such last year occurring during such period of the
emergency period, shall not exceed $10,000,000.
(b) Interest Rates.--
(1) Part a.--
(A) In general.--Section 1815(d) of the Social
Security Act (42 U.S.C. 1395g(d)) is amended by
inserting before the period at the end the following:
``(or, in the case of such a determination made with
respect to a payment made on or after the date of the
enactment of the CARES Act and during the emergency
period described in section 1135(g)(1)(B) under the
program under subsection (e)(3),
[[Page 134 STAT. 736]]
including such program as expanded pursuant to
subsection (f), at a rate of 4 percent)''.
(B) <<NOTE: 42 USC 1395g note.>> Application to
other part a providers.--In the case of a determination
under section 1815(d) of the Social Security Act (42
U.S.C. 1395g(d)) with respect to a payment made on or
after the date of the enactment of the CARES Act (Public
Law 116-136) and during the emergency period described
in section 1135(g)(1)(B) of the Social Security Act (42
U.S.C. 1320b-5(g)(1)(B)) under an applicable program (as
defined in subsection (a)(1)(C)(ii)), the amendment made
by subparagraph (A) shall apply with respect to such
determination in the same manner as such amendment
applies with respect to a payment made on or after the
date of the enactment of the CARES Act (Public Law 116-
136) and during such emergency period under the program
under subsection (e)(3) of section 1815 of such Act (42
U.S.C. 1395g), including such program as expanded
pursuant to subsection (f) of such section.
(2) Part b.--Section 1833(j) of the Social Security Act (42
U.S.C. 1395l(j)) is amended by inserting before the period at
the end the following: ``(or, in the case of such a
determination made with respect to a payment made on or after
the date of the enactment of the CARES Act and during the
emergency period described in section 1135(g)(1)(B) under the
program described in section 421.214 of title 42, Code of
Federal Regulations (or any successor regulation), at a rate of
4 percent)''.
(c) <<NOTE: 42 USC 1395g note.>> Publication of Data.--
(1) Data during covid-19 emergency.--
(A) <<NOTE: Deadline. Public information. Web
posting.>> Initial publication.--Not later than 2 weeks
after the date of the enactment of this section, the
Secretary shall post on the public website of the
Centers for Medicare & Medicaid Services data that
includes the following information with respect to
specified payments (as defined in paragraph (3)(E)) made
as of such date and for which data is available:
(i) The total amount of such payments made
under each applicable payment program (as defined
in paragraph (3)(A)), including a specification of
the percentage of such payments so made from the
Federal Hospital Insurance Trust Fund established
under section 1817 of the Social Security Act (42
U.S.C. 1395i) and the percentage of such payments
so made from the Federal Supplementary Insurance
Trust Fund established under section 1841 of such
Act (42 U.S.C. 1395t) under each such program.
(ii) The amount of specified payments made
under each such program by type of provider of
services or supplier receiving such payments.
(iii) The Centers for Medicare & Medicaid
Services certification number or other appropriate
number of, and the amount of such payments
received by, each provider of services and
supplier receiving such payments.
(B) <<NOTE: Time period. Public information. Web
posting.>> Interim publication.--Every 2 weeks
thereafter during the emergency period, if any specified
payments are made that were not included in a preceding
publication
[[Page 134 STAT. 737]]
of data under this paragraph, the Secretary shall post
on the website described in subparagraph (A) data
containing the information described in clauses (i),
(ii), and (iii) of such subparagraph with respect to
such specified payments.
(2) <<NOTE: Deadlines. Public information. Web posting.>>
Additional publications.--Not later than 15 months after the
date of the enactment of the CARES Act (Public Law 116-136), and
every 6 months thereafter until all specified payments have been
recouped or repaid, the Secretary shall post on the website
described in paragraph (1)(A) data that includes the following:
(A) The total amount of all specified payments not
recouped or repaid under each applicable payment
program.
(B) The amount of payments made under each such
program and not recouped or repaid by type of provider
of services or supplier.
(C) The total amount of specified payments that have
been recouped or repaid under each such program,
including a specification of the percentage of such
payments so recouped or repaid that have been deposited
into the Federal Hospital Insurance Trust Fund and the
percentage of such payments so recouped or repaid that
have been deposited into the Federal Supplementary
Insurance Trust Fund under each such program.
(D) The dollar amount of interest that has been
collected with respect to all specified payments under
each such program.
(3) Definitions.--In this subsection:
(A) Applicable payment program.--The term
``applicable payment program'' means--
(i) the program under subsection (e)(3) of
section 1815 of the Social Security Act (42 U.S.C.
1395g), including such program as expanded under
subsection (f) of such section;
(ii) an applicable program (as defined in
subsection (a)(1)(C)(ii) of this section); and
(iii) the program described in section 421.214
of title 42, Code of Federal Regulations (or any
successor regulation).
(B) 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(g)(1)(B)).
(C) Provider of services and supplier.--The terms
``provider of services'' and ``supplier'' have the
meaning given such terms in subsections (u) and (d),
respectively, of section 1861 of such Act (42 U.S.C.
1395x).
(D) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(E) Specified payments.--The term ``specified
payments'' means payments made under an applicable
payment program on or after the date of the enactment of
the CARES Act (Public Law 116-136) during the emergency
period.
[[Page 134 STAT. 738]]
TITLE VI--OFFSETS
SEC. 2601. INCLUSION IN THE MEDICAID DRUG REBATE PROGRAM OF
COVERED OUTPATIENT DRUGS USED FOR
MEDICATION-ASSISTED TREATMENT.
(a) In General.--Section 1905 of the Social Security Act (42 U.S.C.
1396d) is amended--
(1) in paragraph (29) of subsection (a)--
(A) by moving the margin of such paragraph 2 ems to
the right; and
(B) by striking ``subject to paragraph (2)'' and
inserting ``subject to paragraphs (2) and (3)''; and
(2) in subsection (ee), by adding at the end the following:
``(3) Application of rebate requirements.--The requirements
of section 1927 shall apply to any drug or biological product
described in paragraph (1)(A) that is--
``(A) furnished as medical assistance in accordance
with subsection (a)(29) and section 1902(a)(10)(A); and
``(B) a covered outpatient drug (as defined in
section 1927(k), except that, in applying paragraph
(2)(A) of such section to a drug described in paragraph
(1)(A), such drug shall be deemed a prescribed drug for
purposes of subsection (a)(12)).''.
(b) Conforming Amendment.--Section 1927(d)(7) of the Social Security
Act (42 U.S.C. 1396r-8(d)(7)) is amended by adding at the end the
following new subparagraph:
``(D) Drugs and biological products described in
subsection (ee)(1)(A) of section 1905 that are furnished
as medical assistance in accordance with subsection
(a)(29) of such section and section 1902(a)(10)(A).''.
(c) <<NOTE: 42 USC 1396d note.>> Retroactive Effective Date.--The
amendments made by this section shall take effect as if included in the
enactment of section 1006(b) of the SUPPORT for Patients and Communities
Act (Public Law 115-271; 132 Stat. 3914).
SEC. 2602. MEDICAID IMPROVEMENT FUND.
Section 1941(b) of the Social Security Act (42 U.S.C. 1396w-1(b)) is
amended--
(1) in paragraph (1), by striking ``2021'' and inserting
``2023''; and
(2) in paragraph (3)(A), by striking ``$1,960,000,000'' and
inserting ``$3,446,000,000''.
DIVISION D--OTHER MATTERS
TITLE I <<NOTE: Emergency Stopgap USCIS Stabilization Act.>> --EMERGENCY
STOPGAP USCIS STABILIZATION ACT
SEC. 4101. <<NOTE: 8 USC 1101 note.>> SHORT TITLE.
This title may be cited as the ``Emergency Stopgap USCIS
Stabilization Act''.
SECTION 4102. EXPANSION OF PREMIUM PROCESSING.
(a) In General.--Section 286(u) of the Immigration and Nationality
Act (8 U.S.C. 1356(u)) is amended to read as follows:
[[Page 134 STAT. 739]]
``(u) Premium Fee for Certain Immigration Benefit Types.--
``(1) In general.--The Secretary of Homeland Security is
authorized to establish and collect a premium fee for the
immigration benefit types described in paragraph (2). Such fee
shall be paid in addition to any other fees authorized by law,
deposited as offsetting receipts in the Immigration Examinations
Fee Account established under subsection (m), and used for the
purposes described in paragraph (4).
``(2) Immigration benefit types.--Subject to reasonable
conditions or limitations, the Secretary shall establish a
premium fee under paragraph (1) in connection with--
``(A) employment-based nonimmigrant petitions and
associated applications for dependents of the
beneficiaries of such petitions;
``(B) employment-based immigrant petitions filed by
or on behalf of aliens described in paragraph (1), (2),
or (3) of section 203(b);
``(C) applications to change or extend nonimmigrant
status;
``(D) applications for employment authorization; and
``(E) any other immigration benefit type that the
Secretary deems appropriate for premium processing.
``(3) Amount of fee.--
``(A) In general.--Subject to subparagraph (C), with
respect to an immigration benefit type designated for
premium processing by the Secretary on or before August
1, 2020, the premium fee shall be $2,500, except that
the premium fee for a petition for classification of a
nonimmigrant described in subparagraph (H)(ii)(b) or (R)
of section 101(a)(15) shall be $1,500.
``(B) <<NOTE: Regulations.>> Other immigration
benefit types.--With respect to an immigration benefit
type designated for premium processing but not described
in subparagraph (A), the initial premium fee shall be
established by regulation, which shall include a
detailed methodology supporting the proposed premium fee
amount.
``(C) Biennial adjustment.--The Secretary may adjust
a premium fee under subparagraph (A) or (B) on a
biennial basis by the percentage (if any) by which the
Consumer Price Index for All Urban Consumers for the
month of June preceding the date on which such
adjustment takes effect exceeds the Consumer Price Index
for All Urban Consumers for the same month of the second
preceding calendar year. The provisions of section 553
of title 5, United States Code, shall not apply to an
adjustment authorized under this subparagraph.
``(4) Use of fee.--Fees collected under this subsection may
only be used by U.S. Citizenship and Immigration Services to--
``(A) provide the services described in paragraph
(5) to premium processing requestors;
``(B) make infrastructure improvements in
adjudications processes and the provision of information
and services to immigration and naturalization benefit
requestors;
``(C) respond to adjudication demands, including by
reducing the number of pending immigration and
naturalization benefit requests; and
[[Page 134 STAT. 740]]
``(D) otherwise offset the cost of providing
adjudication and naturalization services.
``(5) Premium processing services.--The Secretary--
``(A) may suspend the availability of premium
processing for designated immigration benefit requests
only if circumstances prevent the completion of
processing of a significant number of such requests
within the required period; and
``(B) shall ensure that premium processing
requestors have direct and reliable access to current
case status information as well as the ability to
communicate with the premium processing units at each
service center or office that provides premium
processing services.''.
(b) <<NOTE: 8 USC 1356 note.>> Expansion to New Benefit Requests.--
(1) <<NOTE: Time period.>> In general.--Notwithstanding the
requirement to set a fee by regulation under section
286(u)(3)(B) of the Immigration and Nationality Act (8 U.S.C.
1356(u)(3)(B)), as amended by subsection (a), the Secretary of
Homeland Security may set a fee under that section without
regard to the provisions of section 553 of title 5, United
States Code, if such fee is consistent with the following:
(A) For a petition for classification under section
203(b)(1)(C) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(1)(C)), or a petition for classification
under section 203(b)(2) involving a waiver under section
203(b)(2)(B) of such Act, the fee is set at an amount
not greater than $2,500 and the required processing
timeframe is not greater than 45 days.
(B) For an application under section 248 of the
Immigration and Nationality Act (8 U.S.C. 1258) to
change status to a classification described in
subparagraph (F), (J), or (M) of section 101(a)(15) of
such Act (8 U.S.C. 1101(a)(15)), the fee is set at an
amount not greater than $1,750 and the required
processing timeframe is not greater than 30 days.
(C) For an application under section 248 of the
Immigration and Nationality Act (8 U.S.C. 1258) to
change status to be classified as a dependent of a
nonimmigrant described in subparagraph (E), (H), (L),
(O), (P), or (R) of section 101(a)(15) of such Act (8
U.S.C. 1101(a)(15)), or to extend such classification,
the fee is set at an amount not greater than $1,750 and
the required processing timeframe is not greater than 30
days.
(D) For an application for employment authorization,
the fee is set at an amount not greater than $1,500 and
the required processing timeframe is not greater than 30
days.
(2) <<NOTE: Effective date.>> Clarification.--The required
processing timeframe for each of the applications and petitions
described in paragraph (1) shall not commence until the date
that all prerequisites for adjudication are received by the
Secretary of Homeland Security.
(c) <<NOTE: 8 USC 1356 note.>> Other Benefit Requests.--In
implementing the amendments made by subsection (a), the Secretary of
Homeland Security shall develop and implement processes to ensure that
the availability of premium processing, or its expansion to additional
immigration benefit requests, does not result in an increase in
[[Page 134 STAT. 741]]
processing times for immigration benefit requests not designated for
premium processing or an increase in regular processing of immigration
benefit requests so designated.
SEC. 4103. <<NOTE: 8 USC 1103 note.>> REPORTING REQUIREMENTS.
(a) <<NOTE: Deadline. Plan. Cost estimates. Contracts. Schedule.>>
In General.--Not later than 180 days after the date of the enactment of
this Act, the Secretary of Homeland Security shall provide to the
appropriate Committees a 5-year plan, including projected cost
estimates, procurement strategies, and a project schedule with
milestones, to accomplish each of the following:
(1) <<NOTE: Procedures.>> Establish electronic filing
procedures for all applications and petitions for immigration
benefits.
(2) Accept electronic payment of fees at all filing
locations.
(3) <<NOTE: Notices.>> Issue correspondence, including
decisions, requests for evidence, and notices of intent to deny,
to immigration benefit requestors electronically.
(4) Improve processing times for all immigration and
naturalization benefit requests.
(b) <<NOTE: Deadline.>> Semi-annual Briefings.--Not later than 180
days after submission of the plan described in subsection (a), and on a
semi-annual basis thereafter, the Secretary shall advise the appropriate
Committees on the implementation status of such plan.
(c) Appropriate Committees Defined.--In this section, the term
``appropriate Committees'' means--
(1) the Committee on Appropriations, the Committee on the
Judiciary, and the Committee on Homeland Security of the House
of Representatives; and
(2) the Committee on Appropriations, the Committee on the
Judiciary, and the Committee on Homeland Security and
Governmental Affairs of the Senate.
TITLE II <<NOTE: United States Parole Commission Extension Act of
2020.>> --UNITED STATES PAROLE COMMISSION EXTENSION
SEC. 4201. <<NOTE: 18 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``United States Parole Commission
Extension Act of 2020''.
SEC. 4202. <<NOTE: 18 USC 3551 note.>> AMENDMENT OF SENTENCING
REFORM ACT OF 1984.
For purposes of section 235(b) of the Sentencing Reform Act of 1984
(18 U.S.C. 3551 note; Public Law 98-473; 98 Stat. 2032), as such section
relates to chapter 311 of title 18, United States Code, and the United
States Parole Commission, each reference in such section to ``33 years''
or ``33-year period'' shall be deemed a reference to ``35 years'' or
``35-year period'', respectively.
SEC. 4203. PAROLE COMMISSION REPORT.
Section 3 of the United States Parole Commission Extension Act of
2018 (Public Law 115-274) <<NOTE: 132 Stat. 4160.>> is amended--
(1) in subsection (b), by striking ``2021'' and inserting
``2022''; and
(2) by adding at the end the following:
``(d) District of Columbia Report for Succeeding Fiscal Years.--For
each of fiscal years 2021 through 2022, not later than 90 days after the
end of the fiscal year, the United States Parole Commission shall report
to the Committees on the Judiciary of
[[Page 134 STAT. 742]]
the Senate and House of Representatives the items in paragraphs (1)
through (3) of subsection (c), for the fiscal year.''.
TITLE III <<NOTE: Antitrust Criminal Penalty Enhancement and
Reform Permanent Extension Act.>> --ANTITRUST CRIMINAL PENALTY
ENHANCEMENT AND REFORM PERMANENT EXTENSION ACT
SEC. 4301. <<NOTE: 15 USC 1 note.>> SHORT TITLE.
This title may be cited as the ``Antitrust Criminal Penalty
Enhancement and Reform Permanent Extension Act''.
SEC. 4302. <<NOTE: 15 USC 7a note.>> FINDINGS; PURPOSE.
(a) Findings.--Congress finds the following:
(1) Conspiracies among competitors to fix prices, rig bids,
and allocate markets are categorically and irredeemably
anticompetitive and contravene the competition policy of the
United States.
(2) Cooperation incentives are important to the efforts of
the Antitrust Division of the Department of Justice to prosecute
and deter the offenses described in paragraph (1).
(b) Purpose.--The purpose of this Act, and the amendments made by
this Act, is to strengthen public and private antitrust enforcement by
providing incentives for antitrust violators to cooperate fully with
government prosecutors and private litigants through the repeal of the
sunset provision of the Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 (15 U.S.C. 1 note).
SEC. 4303. REPEAL OF SUNSET PROVISION.
(a) Repeal.--Section 211 of the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is repealed.
(b) Technical and Conforming Amendments.--
(1) <<NOTE: 15 USC 7a note.>> Revival and restoration.--
(A) In general.--Sections 212, 213, and 214 of the
Antitrust Criminal Penalty Enhancement and Reform Act of
2004 (15 U.S.C. 1 note) as in effect on June 21, 2020,
and as amended by the laws described in subparagraph
(B), are revived and restored.
(B) Laws.--The laws described in this subparagraph
are:
(i) Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 Extension Act (Public Law 111-
30; 123 Stat. 1775).
(ii) The Act entitled ``An Act to amend the
Antitrust Criminal Penalty Enhancement and Reform
Act of 2004 to extend the operation of such Act,
and for other purposes'', approved June 9, 2010
(Public Law 111-90; 124 Stat. 1275).
(2) Definitions.--Section 212 of the Antitrust Criminal
Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is
amended--
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph (6).
(c) <<NOTE: 15 USC 7a note.>> Applicability.--
(1) Markers and agreements before sunset.--Notwithstanding
the repeal under subsection (a), section 211(b) of the
[[Page 134 STAT. 743]]
Antitrust Criminal Penalty Enhancement and Reform Act of 2004
(15 U.S.C. 1 note), as in effect on the day before the date of
enactment of this Act, shall continue to apply to any person who
received a marker or entered into an antitrust leniency
agreement on or before June 22, 2020.
(2) Markers and agreements after sunset.--The repeal under
subsection (a) shall apply to any person who received a marker
or entered into an antitrust leniency agreement on or after June
23, 2020.
TITLE IV--COMMUNITY SERVICES AND SUPPORTS
SEC. 4401. <<NOTE: Deadline. 42 USC 9836 note.>> HEAD START
DESIGNATION RENEWAL SYSTEM.
Notwithstanding section 638 of the Head Start Act (42 U.S.C. 9833),
if the Secretary of Health and Human Services--
(1) <<NOTE: Determination.>> is required to make a
determination under paragraph (6) of section 641(c) of such Act
(42 U.S.C. 9836a(c)) whether to renew the designation of a Head
Start agency for which such determination under the schedule
developed pursuant to paragraph (9)(C) of such section 641(c) is
required to be made before December 31, 2020; and
(2) <<NOTE: Time period.>> cannot make such determination
in accordance with such schedule because the Secretary lacks any
information described in any of subparagraphs (A) through (E) of
section 641(c)(1) of such Act required for the purpose of making
such determination;
then before December 31, 2020, the Secretary shall extend for not more
than 2 years the 5-year period otherwise applicable to the designation
of such Head Start agency under such Act.
TITLE V--BUDGETARY EFFECTS
SEC. 4501. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of division B
and each succeeding division shall not be entered on either PAYGO
scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-
You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of division B
and each succeeding division shall not be entered on any PAYGO scorecard
maintained for purposes of section 4106 of H. Con. Res. 71 (115th
Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of division B and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
[[Page 134 STAT. 744]]
TITLE VI--NUTRITION AND COMMODITIES PROGRAMS
SEC. 4601. P-EBT PROGRAM EXTENSION.
Section 1101 of the Families First Coronavirus Response Act (Public
Law 116-127; 7 U.S.C. 2011 note) is amended--
(1) in subsection (a)--
(A) by striking ``fiscal year 2020'' and inserting
``fiscal years 2020 and 2021''; and
(B) by inserting ``or has reduced the number of days
or hours that students attend the school'' after
``school is closed'';
(2) in subsection (b), in the first sentence, by inserting
``and, as applicable, households with children eligible for
assistance under subsection (h)'' after ``children'';
(3) in subsection (c), by inserting ``or has reduced the
number of days or hours that students attend the school'' after
``school that is closed'';
(4) in subsection (f)--
(A) by striking ``To facilitate'' and inserting the
following:
``(1) In general.--To facilitate''; and
(B) by adding at the end the following:
``(2) Simplifying assumptions for school year 2020-2021.--A
State agency may use simplifying assumptions and the best
feasibly available data to provide benefits to and establish
benefit levels and eligibility periods for eligible children and
children eligible for assistance under subsection (h) for
purposes of this section.'';
(5) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively;
(6) by inserting after subsection (g) the following:
``(h) Assistance for Children in Child Care.--
``(1) <<NOTE: Effective date. Time period. Determination.>>
In general.--Beginning on October 1, 2020, subject to an
approved State agency plan under subsection (b) or an approved
amendment to such a plan, in any case in which, during a public
health emergency designation, a covered child care facility is
closed or has reduced attendance or hours for at least 5
consecutive days, or 1 or more schools in the area of a covered
child care facility are closed or have reduced attendance or
hours for at least 5 consecutive days, each household containing
at least 1 child enrolled in such a covered child care facility
and the supplemental nutrition assistance program established
under the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.)
shall be eligible to receive assistance, in accordance with
paragraph (2), until covered child care facilities or schools in
the area reopen or operate at full attendance and hours, as
applicable, as determined by the State agency.
``(2) Assistance.--A household shall receive benefits under
paragraph (1) in an amount that is equal to at least 1 breakfast
and 1 lunch at the free rate for each child enrolled in a
covered child care facility for each day that the child does not
attend the facility because the facility is closed or operating
with reduced attendance or hours.
``(3) State option.--A State shall not be required to
provide assistance under this subsection in order to provide
assistance
[[Page 134 STAT. 745]]
to eligible children under a State agency plan under subsection
(b).'';
(7) in subsection (i) (as so redesignated)--
(A) in each of paragraphs (1) through (3), by
inserting a paragraph heading, the text of which
comprises the term defined in that paragraph;
(B) by redesignating paragraphs (1) through (3) as
paragraphs (2), (4), and (5), respectively;
(C) by inserting before paragraph (2) (as so
redesignated) the following:
``(1) <<NOTE: Definitions.>> Covered child care facility.--
The term `covered child care facility' means--
``(A) an organization described in subparagraph (A)
or (B) of section 17(a)(2) of the Richard B. Russell
National School Lunch Act (42 U.S.C. 1766(a)(2)); and
``(B) a family or group day care home.'';
(D) in paragraph (2) (as so redesignated), by
inserting ``or reduced attendance or hours'' after
``closure'';
(E) by inserting after paragraph (2) (as so
redesignated) the following:
``(3) Free rate.--The term `free rate' means--
``(A) with respect to a breakfast, the rate of a
free breakfast under the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C.
1773); and
``(B) with respect to a lunch, the rate of a free
lunch under the school lunch program under the Richard
B. Russell National School Lunch Act (42 U.S.C. 1751 et
seq.).''; and
(F) by adding at the end the following:
``(6) State.--The term `State' has the meaning given the
term in section 12(d) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(d)).''; and
(8) in subsection (j) (as so redesignated), by inserting
``(including all administrative expenses)'' after ``this
section''.
SEC. 4602. EXTENDING CERTAIN WAIVER AUTHORITIES.
(a) National School Lunch Program Requirement Waivers Addressing
COVID-19.--Section 2202(e) of the Families First Coronavirus Response
Act (Public Law 116-127; 42 U.S.C. 1760 note) is amended by striking
``September 30, 2020'' and inserting ``September 30, 2021''.
(b) Physical Presence Waiver Under WIC During Certain Public Health
Emergencies.--Section 2203(c) of the Families First Coronavirus Response
Act (Public Law 116-127; 42 U.S.C. 1786 note) is amended by striking
``September 30, 2020'' and inserting ``September 30, 2021''.
(c) Administrative Requirements Waiver Under WIC.--Section 2204(c)
of the Families First Coronavirus Response Act (Public Law 116-
127) <<NOTE: 42 USC 1786 note.>> is amended by striking ``September 30,
2020'' and inserting ``September 30, 2021''.
(d) Funding.--There are hereby appropriated, out of any funds in the
Treasury not otherwise appropriated, such sums as may be necessary to
carry out this section.
SEC. 4603. SNAP FLEXIBILITIES.
(a) Extension of Existing SNAP Flexibilities for COVID-19.--
[[Page 134 STAT. 746]]
(1) <<NOTE: 7 USC 2012 note.>> State options.--
(A) <<NOTE: Certifications. Time periods.>> A State
agency (as defined in section 3(s) of the Food and
Nutrition Act of 2008 (7 U.S.C. 2012(s))) shall have the
option, without prior approval from the Secretary of
Agriculture--
(i) to extend certification periods under
section 3(f) of the Food and Nutrition Act of 2008
(7 U.S.C. 2012(f)) for not more than 6 months and
adjust periodic report requirements under section
6(c)(1)(D)(i) of the Food and Nutrition Act of
2008 (7 U.S.C. 2015(c)(1)(D)(i)) for some or all
participating households with certification
periods set to expire or periodic reports due on
or before June 30, 2021, consistent with the
extensions and adjustments provided in the Food
and Nutrition Service's April 22, 2020, blanket
approval for extending certification and adjusting
periodic reports, unless otherwise provided in
this subparagraph;
(ii) to allow household reporting requirements
under section 273.12(a)(5)(iii) of title 7 of the
Code of Federal Regulations to satisfy the
recertification requirements under section 273.14
of title 7 of the Code of Federal Regulations for
some or all participating households with
recertification periods set to expire on or before
December 31, 2021; and
(iii) to adjust the interview requirements
under sections 273.2 and 273.14(b) of title 7 of
the Code of Federal Regulations for some or all
household applications or recertifications through
June 30, 2021, consistent with the adjustments
provided in the Food and Nutrition Service's March
26, 2020, blanket approval for adjusting interview
requirements, unless otherwise provided in this
subparagraph.
(B) <<NOTE: Deadline. Notification.>> Not later
than 5 days after exercising an option under
subparagraph (A), a State agency shall notify the
Secretary of Agriculture in writing of the option
exercised, the categories of households affected by the
option, and the duration of such option.
(2) Adjustment. <<NOTE: Time period.>> --The Secretary of
Agriculture shall allow a State agency to suspend the
requirements under sections 275.11(b)(1) and (2), 275.12, and
275.13 of title 7 of the Code of Federal Regulations from June
1, 2020, through September 30, 2021, consistent with the waivers
provided in the Food and Nutrition Service's April 30, 2020,
blanket approval for waiver of quality control reviews, unless
otherwise provided in this paragraph.
(3) Report.--Section 2302 of the Families First Coronavirus
Response Act (Public Law 116-127; 7 U.S.C. 2011 note) is amended
by striking subsection (c) and inserting the following:
``(c) Report.--Not later than June 30, 2022, the Secretary of
Agriculture shall submit, to the Committee on Agriculture of the House
of Representatives and the Committee on Agriculture, Nutrition, and
Forestry of the Senate, a report containing the following information:
``(1) A description of any information or data supporting
State agency requests under this section and any additional
[[Page 134 STAT. 747]]
measures that State agencies requested that were not approved by
the Secretary of Agriculture;
``(2) <<NOTE: Evaluation.>> An evaluation of the use of all
waivers, adjustments, and other flexibilities in the operation
of the supplemental nutrition assistance program (as defined in
section 3 of the Food and Nutrition Act of 2008 (7 U.S.C.
2012)), in effect under this Act, the Food and Nutrition Act of
2008 (7 U.S.C. 2011 et seq.), or any other Act, to respond to
the COVID-19 public health emergency; and
``(3) <<NOTE: Recommend- ation.>> A recommendation of any
additional waivers or flexibilities needed in the operation of
the supplemental nutrition assistance program to respond to
public health emergencies with pandemic potential.''.
(b) Funding.--There are hereby appropriated, out of any funds in the
Treasury not otherwise appropriated, such sums as may be necessary to
carry out this section.
SEC. 4604. <<NOTE: 7 USC 2209k.>> PROHIBITION ON PAYMENTS TO
FOSSIL FUEL REFINERS AND IMPORTERS.
(a) In General.--The Secretary of Agriculture may not use any funds,
facilities, or authorities of the Commodity Credit Corporation or the
Department of Agriculture--
(1) to provide a payment to a refiner or importer (as those
terms are defined in section 80.2 of title 40, Code of Federal
Regulations (or successor regulations)); or
(2) to otherwise support, directly or indirectly, a refiner
or importer (as so defined) in meeting any requirements under--
(A) the renewable fuel program under section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)); or
(B) any other provision of law that requires the
blending of fossil fuel with renewable fuel.
(b) The exclusion in (a) shall not apply to any payments or support
to producers, refiners, or importers of biofuel (as defined in 7 U.S.C.
8101).
(c) Moratorium on Authorities Relating to Exchanges of Agricultural
Products for Petroleum Products. <<NOTE: Time period.>> --The
authorities under the ninth and tenth sentences of section 4(h) of the
Commodity Credit Corporation Charter Act (15 U.S.C. 714b(h)) (relating
to the availability of agricultural products for the Secretary of Energy
to exchange for petroleum products and the terms and conditions of those
exchanges, respectively) shall not be used during the 180-day period
beginning on the date of enactment of this Act.
DIVISION E <<NOTE: Department of Veterans Affairs Expiring Authorities
Act of 2020.>> --DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS
SEC. 5001. <<NOTE: 38 USC 101 note.>> SHORT TITLE.
This division may be cited as the ``Department of Veterans Affairs
Expiring Authorities Act of 2020''.
[[Page 134 STAT. 748]]
TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE
SEC. 5101. EXTENSION OF AUTHORITY FOR COLLECTION OF COPAYMENTS FOR
HOSPITAL CARE AND NURSING HOME CARE.
Section 1710(f)(2)(B) of title 38, United States Code, is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
SEC. 5102. EXTENSION OF REQUIREMENT TO PROVIDE NURSING HOME CARE
TO CERTAIN VETERANS WITH SERVICE
CONNECTED DISABILITIES.
Section 1710A(d) of title 38, United States Code, is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
SEC. 5103. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL PROPERTY.
Section 8118(a)(5) of title 38, United States Code, is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
SEC. 5104. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON ASSISTANCE
FOR CHILD CARE FOR CERTAIN VETERANS
RECEIVING HEALTH CARE.
(a) Extension of Authority.--Subsection (e) of section 205 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1144; 38 U.S.C. 1710 note) is amended by striking
``September 30, 2020'' and inserting ``September 30, 2022''.
(b) Authorization of Appropriations.--Subsection (h) of such section
is amended by striking ``and 2020'' and inserting ``2020, 2021, and
2022''.
SEC. 5105. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR GRANTS
TO VETERANS SERVICE ORGANIZATIONS FOR
TRANSPORTATION OF HIGHLY RURAL VETERANS.
Section 307(d) of the Caregivers and Veterans Omnibus Health
Services Act of 2010 (Public Law 111-163; 124 Stat. 1154; 38 U.S.C. 1710
note) is amended by striking ``2020'' and inserting ``2022''.
SEC. 5106. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON COUNSELING
IN RETREAT SETTINGS FOR WOMEN VETERANS
NEWLY SEPARATED FROM SERVICE.
(a) Extension of Authority.--Subsection (d) of section 203 of the
Caregivers and Veterans Omnibus Health Services Act of 2010 (Public Law
111-163; 124 Stat. 1143; 38 U.S.C. 1712A note) is amended by striking
``September 30, 2020'' and inserting ``September 30, 2022''.
(b) Authorization of Appropriations.--Subsection (f) of such section
is amended by striking ``and 2020'' and inserting ``2020, 2021, and
2022''.
[[Page 134 STAT. 749]]
SEC. 5107. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON GRADUATE
MEDICAL EDUCATION AND RESIDENCY.
(a) In General.--Subsection (d) of section 403 of the VA MISSION Act
of 2018 (Public Law 115-182; 132 Stat. 1474; 38 U.S.C. 7302 note) is
amended by striking ``August 7, 2024'' and inserting ``August 7, 2031''.
(b) Technical Correction.--Subsection (a)(1) of such section is
amended by striking ``authorized under'' and all that follows through
the period at the end and inserting ``authorized under section 7302 of
title 38, United States Code, at covered facilities.''.
SEC. 5108. <<NOTE: 38 USC 301 note.>> INSPECTOR GENERAL OF THE
DEPARTMENT OF VETERANS AFFAIRS REPORT ON
ADMINISTRATION OF INTERNET WEBSITE ON
STAFFING AND VACANCIES.
Not <<NOTE: Deadlines.>> later than October 31, 2022, and October
31, 2024, and as frequently thereafter as the Inspector General of the
Department of Veterans Affairs considers appropriate, the Inspector
General shall--
(1) <<NOTE: Review.>> review the administration of the
internet website required by section 505(a)(1) of the VA MISSION
Act of 2018 (Public Law 115-182; 132 Stat. 1477; 38 U.S.C. 301
note);
(2) <<NOTE: Recommenda- tions.>> develop recommendations
for such legislative or administrative action as the Inspector
General considers appropriate for such administration; and
(3) submit to the Committee on Veterans' Affairs of the
Senate and the Committee on Veterans' Affairs of the House of
Representatives a report on--
(A) the findings of the Inspector General with
respect to the most recent review conducted under
paragraph (1); and
(B) the recommendations most recently developed
under paragraph (2).
SEC. 5109. EXTENSION OF TEMPORARY EXPANSION OF PAYMENTS AND
ALLOWANCES FOR BENEFICIARY TRAVEL IN
CONNECTION WITH VETERANS RECEIVING CARE
FROM VET CENTERS.
Section 104(a) of the Honoring America's Veterans and Caring for
Camp Lejeune Families Act of 2012 (Public Law 112-154; 126 Stat. 1169),
as most recently amended by section 5 of the Department of Veterans
Affairs Expiring Authorities Act of 2019 (Public Law 116-61; 133 Stat.
1116), is further amended by striking ``September 30, 2020'' and
inserting ``September 30, 2021''.
TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS
SEC. 5201. EXTENSION OF SPECIALLY ADAPTED HOUSING ASSISTIVE
TECHNOLOGY GRANT PROGRAM.
Section 2108(g) of title 38, United States Code, is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
SEC. 5202. EXTENSIONS OF CERTAIN PROVISIONS OF LAW.
(a) Extension of Student Veteran Coronavirus Response Act of 2020.--
Section 2 of the Student Veteran Coronavirus
[[Page 134 STAT. 750]]
Response Act of 2020 (Public Law 116-140) <<NOTE: 38 USC 3031 note.>>
is amended by striking ``December 21, 2020'' and inserting ``December
21, 2021''.
(b) Extension of Period for Continuation of Department of Veterans
Affairs Educational Assistance Benefits for Certain Programs of
Education Converted to Distance Learning by Reason of Emergencies and
Health-related Situations.--Section 1(b) of Public Law 116-
128 <<NOTE: 38 USC 3001 note prec.>> is amended by striking ``December
21, 2020'' and inserting ``December 21, 2021''.
SEC. 5203. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE IN
THE REPUBLIC OF THE PHILIPPINES.
Section 315(b) of title 38, United States Code, is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
SEC. 5204. EXTENSION OF AUTHORITY TO TRANSPORT INDIVIDUALS TO AND
FROM DEPARTMENT OF VETERANS AFFAIRS
FACILITIES.
Section 111A(a)(2) of title 38, United States Code, is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
SEC. 5205. EXTENSION OF TEMPORARY INCREASE IN NUMBER OF JUDGES ON
UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS.
Section 7253(i)(2) of title 38, United States Code, is amended by
striking ``January 1, 2021'' and inserting ``January 1, 2026''.
TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS
SEC. 5301. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR
HOMELESS VETERANS REINTEGRATION
PROGRAMS.
Section 2021(e)(1)(F) of title 38, United States Code, is amended by
striking ``2020'' and inserting ``2022''.
SEC. 5302. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR
HOMELESS WOMEN VETERANS AND HOMELESS
VETERANS WITH CHILDREN REINTEGRATION
GRANT PROGRAM.
Section 2021A(f)(1) of title 38, United States Code, is amended by
striking ``2020'' and inserting ``2022''.
SEC. 5303. EXTENSION OF AUTHORITY FOR REFERRAL AND COUNSELING
SERVICES FOR VETERANS AT RISK OF
HOMELESSNESS TRANSITIONING FROM CERTAIN
INSTITUTIONS.
Section 2023(d) of title 38, United States Code, is amended by
striking ``September 30, 2020'' and inserting ``September 30, 2022''.
SEC. 5304. EXTENSION OF AUTHORITY FOR TREATMENT AND REHABILITATION
FOR SERIOUSLY MENTALLY ILL AND HOMELESS
VETERANS.
(a) General Treatment.--Section 2031(b) of title 38, United States
Code, is amended by striking ``September 30, 2020'' and inserting
``September 30, 2022''.
[[Page 134 STAT. 751]]
(b) Additional Services at Certain Locations.--Section 2033(d) of
such title is amended by striking ``September 30, 2020'' and inserting
``September 30, 2022''.
SEC. 5305. EXTENSION OF FUNDING FOR FINANCIAL ASSISTANCE FOR
SUPPORTIVE SERVICES FOR VERY LOW-INCOME
VETERAN FAMILIES IN PERMANENT HOUSING.
Section 2044(e)(1) of title 38, United States Code, is amended--
(1) in subparagraph (G), by striking ``through 2021'' and
inserting ``and 2020''; and
(2) by adding at the end the following new subparagraph:
``(H) $420,000,000 for each of fiscal years 2021 and
2022.''.
SEC. 5306. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS
VETERANS WITH SPECIAL NEEDS.
Section 2061(d)(1) of title 38, United States Code, is amended by
striking ``2020'' and inserting ``2022''.
TITLE IV--EXTENSIONS OF OTHER AUTHORITIES AND OTHER MATTERS
SEC. 5401. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR
MONTHLY ASSISTANCE ALLOWANCE UNDER THE
OFFICE OF NATIONAL VETERANS SPORTS
PROGRAMS AND SPECIAL EVENTS.
Section 322(d)(4) of title 38, United States Code, is amended by
striking ``2020'' and inserting ``2022''.
SEC. 5402. EXTENSION OF REQUIREMENTS TO PROVIDE REPORTS TO
CONGRESS REGARDING EQUITABLE RELIEF IN
THE CASE OF ADMINISTRATIVE ERROR.
Section 503(c) of title 38, United States Code, is amended by
striking ``December 31, 2020'' and inserting ``December 31, 2022''.
SEC. 5403. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS FOR
ADAPTIVE SPORTS PROGRAMS FOR DISABLED
VETERANS AND MEMBERS OF THE ARMED
FORCES.
(a) Authorization of Appropriations.--Subsection (g)(1) of section
521A of title 38, United States Code, is amended--
(1) by striking ``appropriated $8,000,000'' and inserting
the following: ``appropriated amounts as follows:
``(A) $8,000,000 for each of fiscal years 2010 through
2020.''; and
(2) by adding at the end the following new subparagraph:
``(B) $16,000,000 for each of fiscal years 2021 and 2022.''.
(b) Extension.--Subsection (l) of such section is amended by
striking ``2020'' and inserting ``2022''.
SEC. 5404. EXTENSION OF AUTHORITY TO ENTER INTO AGREEMENT WITH THE
NATIONAL ACADEMY OF SCIENCES REGARDING
ASSOCIATIONS BETWEEN DISEASES AND
EXPOSURE TO DIOXIN AND OTHER CHEMICAL
COMPOUNDS IN HERBICIDES.
Section 3 of the Agent Orange Act of 1991 (Public Law 102-4; 38
U.S.C. 1116 note) is amended by striking ``September 30, 2020'' and
inserting ``September 30, 2022''.
[[Page 134 STAT. 752]]
SEC. 5405. MODIFICATION AND EXTENSION OF AUTHORITY RELATING TO
VENDEE LOAN PROGRAM.
Section 3733(a) of title 38, United States Code, is amended by
adding at the end the following new paragraph:
``(8) <<NOTE: Time period.>> During the period that begins on
October 1, 2020, and ends on September 30, 2025, the Secretary shall
carry out the provisions of this subsection as if--
``(A) the references in the first sentence of paragraph (1)
to `65 percent' and `may be financed by a loan' were references
to `85 percent' and `shall be of property marketed with
financing to be', respectively;
``(B) <<NOTE: Repeal.>> the second sentence of paragraph
(1) were repealed; and
``(C) the reference in paragraph (2) to `September 30,
1990,' were a reference to `September 30, 2025,'.''.
Approved October 1, 2020.
LEGISLATIVE HISTORY--H.R. 8337:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 166 (2020):
Sept. 22, considered and passed House.
Sept. 24, 29, 30, considered and passed Senate.
<all>
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