[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8337 Engrossed in House (EH)]
<DOC>
116th CONGRESS
2d Session
H. R. 8337
_______________________________________________________________________
AN ACT
Making continuing appropriations for fiscal year 2021, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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. 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.
DIVISION A--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).
(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) 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) 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.
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. (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) 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) 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) This section shall become effective immediately upon enactment
of this Act, and shall remain in effect through the date in section
106(3).
Sec. 115. (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) 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. 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 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 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. (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) 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 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) This section shall become effective immediately upon
enactment of this Act.
(2) 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) This section shall become effective immediately upon
enactment of this Act.
(2) 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. (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) 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 fiscal year 2021, to remain
available until expended, for costs associated with the Presidential
Inauguration held in January 2021.
Sec. 132. 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 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 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.
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. Section 3610 of division A of the CARES Act (Public Law
116-136) 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. 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.).
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) This section shall become effective immediately upon
enactment of this Act.
(2) 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. (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) 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.
Sec. 149. 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, 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) 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) This section shall become effective immediately upon
enactment of this Act.
(2) 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. (a) Notwithstanding section 101, section 529 of division
A of Public Law 116-94 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) Notwithstanding section 101, section 530 of division A of
Public Law 116-94 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) This section shall become effective immediately upon
enactment of this Act.
(2) 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. (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.
(b)(1) This section shall become effective immediately upon
enactment of this Act.
(2) 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. 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. 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. (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.
(d)(1) Section 3514(b) of title III of division A of Public Law
116-136 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) This section shall become effective immediately upon
enactment of this Act.
(2) 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. 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.
(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) 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) 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. 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 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 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. 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. (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) 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) 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. 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. (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 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) 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) This section shall become effective immediately upon
enactment of this Act.
(2) 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. 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) 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. (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) This section shall become effective immediately upon
enactment of this Act.
(2) 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--
(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. 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. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.
(a) 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 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''.
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 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 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 is amended
by striking ``October 1, 2020'' and inserting ``October 1, 2021''.
SEC. 1204. FURTHER ADDITIONAL TRANSFERS TO HIGHWAY TRUST FUND.
Subsection (f) of section 9503 of the Internal Revenue Code of 1986
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 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) 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).
(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. 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.
(b) 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. 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 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) 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).
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) 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) 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: ``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 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) 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:
``(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) 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 that is eligible for
payment under an applicable program.
(2) 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) 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), including such program
as expanded pursuant to subsection (f), at a rate of 4
percent)''.
(B) 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) Publication of Data.--
(1) Data during covid-19 emergency.--
(A) 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) Interim publication.--Every 2 weeks thereafter
during the emergency period, if any specified payments
are made that were not included in a preceding
publication 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) 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.
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) 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--EMERGENCY STOPGAP USCIS STABILIZATION ACT
SEC. 4101. 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:
``(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) 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
``(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) Expansion to New Benefit Requests.--
(1) 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) 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) 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 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. REPORTING REQUIREMENTS.
(a) 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) Establish electronic filing procedures for all
applications and petitions for immigration benefits.
(2) Accept electronic payment of fees at all filing
locations.
(3) 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) 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--UNITED STATES PAROLE COMMISSION EXTENSION
SEC. 4201. SHORT TITLE.
This title may be cited as the ``United States Parole Commission
Extension Act of 2020''.
SEC. 4202. 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) 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 the Senate and House of
Representatives the items in paragraphs (1) through (3) of subsection
(c), for the fiscal year.''.
TITLE III--ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM PERMANENT
EXTENSION ACT
SEC. 4301. SHORT TITLE.
This title may be cited as the ``Antitrust Criminal Penalty
Enhancement and Reform Permanent Extension Act''.
SEC. 4302. 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) 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) Applicability.--
(1) Markers and agreements before sunset.--Notwithstanding
the repeal under subsection (a), section 211(b) of the
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. 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) 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) 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.
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) 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 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) 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) 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.--
(1) State options.--
(A) 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) 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.--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
measures that State agencies requested that were not approved
by the Secretary of Agriculture;
``(2) 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) 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. 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.--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--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Department of Veterans Affairs
Expiring Authorities Act of 2020''.
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''.
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. INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS AFFAIRS
REPORT ON ADMINISTRATION OF INTERNET WEBSITE ON STAFFING
AND VACANCIES.
Not 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) 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) 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 Response Act of
2020 (Public Law 116-140) 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 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''.
(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''.
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) 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) 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,'.''.
Passed the House of Representatives September 22, 2020.
Attest:
Clerk.
116th CONGRESS
2d Session
H. R. 8337
_______________________________________________________________________
AN ACT
Making continuing appropriations for fiscal year 2021, and for other
purposes.