H.R. 8337 — Continuing Appropriations Act, 2021 and Other Extensions Act (Senate, September 2020)
Summary
House bill 8337 of the 116th Congress, 2D Session (Calendar No. 552), is an Act making continuing appropriations for fiscal year 2021, and for other purposes. It carries the short title Continuing Appropriations Act, 2021 and Other Extensions Act. The Act records that it passed the House of Representatives on September 22, 2020, with an attestation by Cheryl L. Johnson, Clerk, and that the Senate received it on that date, read it the first time on September 23, 2020, and placed it on the calendar after the second reading. Its table of contents lists Division A, Continuing Appropriations Act, 2021, Division B, Surface Transportation Program Extension, Division C, Health Extenders, Division D, Other Matters, and Division E, Department of Veterans Affairs Extensions.
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“H.R. 8337 — Continuing Appropriations Act, 2021 and Other Extensions Act (Senate, September 2020).”
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II
Calendar No. 552
116TH CONGRESS
2D SESSION
H. R. 8337
IN THE SENATE OF THE UNITED STATES
SEPTEMBER 22, 2020
Received; read the first time
SEPTEMBER 23, 2020
Read the second time and placed on the calendar
AN ACT
Making continuing appropriations for fiscal year 2021, and
for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Continuing Appropria-
5 tions Act, 2021 and Other Extensions Act’’.
6 SEC. 2. TABLE OF CONTENTS.
7 The table of contents of this Act is as follows:
Sec. 1. Short Title.
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Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A—CONTINUING APPROPRIATIONS ACT, 2021
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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 Ex-
tension 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
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi-
5 sion.
6 DIVISION A—CONTINUING
7 APPROPRIATIONS ACT, 2021
8 The following sums are hereby appropriated, out of
9 any money in the Treasury not otherwise appropriated,
10 and out of applicable corporate or other revenues, receipts,
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11 and funds, for the several departments, agencies, corpora-
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1 tions, and other organizational units of Government for
2 fiscal year 2021, and for other purposes, namely:
3 SEC. 101. Such amounts as may be necessary, at a
4 rate for operations as provided in the applicable appro-
5 priations Acts for fiscal year 2020 and under the authority
6 and conditions provided in such Acts, for continuing
7 projects or activities (including the costs of direct loans
8 and loan guarantees) that are not otherwise specifically
9 provided for in this Act, that were conducted in fiscal year
10 2020, and for which appropriations, funds, or other au-
11 thority were made available in the following appropriations
12 Acts:
13 (1) The Agriculture, Rural Development, Food
14 and Drug Administration, and Related Agencies Ap-
15 propriations Act, 2020 (division B of Public Law
16 116–94), except sections 791 and 792.
17 (2) The Commerce, Justice, Science, and Re-
18 lated Agencies Appropriations Act, 2020 (division B
19 of Public Law 116–93), except the last proviso
20 under the heading ‘‘Department of Commerce—Bu-
21 reau of the Census—Periodic Censuses and Pro-
22 grams’’.
23 (3) The Department of Defense Appropriations
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24 Act, 2020 (division A of Public Law 116–93), except
25 title X.
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1 (4) The Energy and Water Development and
2 Related Agencies Appropriations Act, 2020 (division
3 C of Public Law 116–94).
4 (5) The Financial Services and General Govern-
5 ment Appropriations Act, 2020 (division C of Public
6 Law 116–93).
7 (6) The Department of Homeland Security Ap-
8 propriations Act, 2020 (division D of Public Law
9 116–93) (except for amounts in title II of division
10 D of Public Law 116–93 that were designated by
11 the Congress as being for an emergency requirement
12 pursuant to section 251(b)(2)(A)(i) of the Balanced
13 Budget and Emergency Deficit Control Act of
14 1985), and title I of division I of Public Law 116–
15 94.
16 (7) The Department of the Interior, Environ-
17 ment, and Related Agencies Appropriations Act,
18 2020 (division D of Public Law 116–94).
19 (8) The Departments of Labor, Health and
20 Human Services, and Education, and Related Agen-
21 cies Appropriations Act, 2020 (division A of Public
22 Law 116–94).
23 (9) The Legislative Branch Appropriations Act,
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24 2020 (division E of Public Law 116–94), and sec-
25 tion 7 of Public Law 116–94.
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1 (10) The Military Construction, Veterans Af-
2 fairs, and Related Agencies Appropriations Act,
3 2020 (division F of Public Law 116–94), except title
4 V.
5 (11) The Department of State, Foreign Oper-
6 ations, and Related Programs Appropriations Act,
7 2020 (division G of Public Law 116–94).
8 (12) The Transportation, Housing and Urban
9 Development, and Related Agencies Appropriations
10 Act, 2020 (division H of Public Law 116–94).
11 SEC. 102. (a) No appropriation or funds made avail-
12 able or authority granted pursuant to section 101 for the
13 Department of Defense shall be used for:
14 (1) the new production of items not funded for
15 production in fiscal year 2020 or prior years;
16 (2) the increase in production rates above those
17 sustained with fiscal year 2020 funds; or
18 (3) The initiation, resumption, or continuation
19 of any project, activity, operation, or organization
20 (defined as any project, subproject, activity, budget
21 activity, program element, and subprogram within a
22 program element, and for any investment items de-
23 fined as a P–1 line item in a budget activity within
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24 an appropriation account and an R–1 line item that
25 includes a program element and subprogram element
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1 within an appropriation account) for which appro-
2 priations, funds, or other authority were not avail-
3 able during fiscal year 2020.
4 (b) No appropriation or funds made available or au-
5 thority granted pursuant to section 101 for the Depart-
6 ment of Defense shall be used to initiate multi-year pro-
7 curements utilizing advance procurement funding for eco-
8 nomic order quantity procurement unless specifically ap-
9 propriated later.
10 SEC. 103. Appropriations made by section 101 shall
11 be available to the extent and in the manner that would
12 be provided by the pertinent appropriations Act.
13 SEC. 104. Except as otherwise provided in section
14 102, no appropriation or funds made available or author-
15 ity granted pursuant to section 101 shall be used to ini-
16 tiate or resume any project or activity for which appro-
17 priations, funds, or other authority were not available dur-
18 ing fiscal year 2020.
19 SEC. 105. Appropriations made and authority grant-
20 ed pursuant to this Act shall cover all obligations or ex-
21 penditures incurred for any project or activity during the
22 period for which funds or authority for such project or
23 activity are available under this Act.
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24 SEC. 106. Unless otherwise provided for in this Act
25 or in the applicable appropriations Act for fiscal year
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1 2021, appropriations and funds made available and au-
2 thority granted pursuant to this Act shall be available
3 until whichever of the following first occurs:
4 (1) The enactment into law of an appropriation
5 for any project or activity provided for in this Act.
6 (2) The enactment into law of the applicable
7 appropriations Act for fiscal year 2021 without any
8 provision for such project or activity.
9 (3) December 11, 2020.
10 SEC. 107. Expenditures made pursuant to this Act
11 shall be charged to the applicable appropriation, fund, or
12 authorization whenever a bill in which such applicable ap-
13 propriation, fund, or authorization is contained is enacted
14 into law.
15 SEC. 108. Appropriations made and funds made
16 available by or authority granted pursuant to this Act may
17 be used without regard to the time limitations for submis-
18 sion and approval of apportionments set forth in section
19 1513 of title 31, United States Code, but nothing in this
20 Act may be construed to waive any other provision of law
21 governing the apportionment of funds.
22 SEC. 109. Notwithstanding any other provision of
23 this Act, except section 106, for those programs that
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24 would otherwise have high initial rates of operation or
25 complete distribution of appropriations at the beginning
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1 of fiscal year 2021 because of distributions of funding to
2 States, foreign countries, grantees, or others, such high
3 initial rates of operation or complete distribution shall not
4 be made, and no grants shall be awarded for such pro-
5 grams funded by this Act that would impinge on final
6 funding prerogatives.
7 SEC. 110. This Act shall be implemented so that only
8 the most limited funding action of that permitted in the
9 Act shall be taken in order to provide for continuation of
10 projects and activities.
11 SEC. 111. (a) For entitlements and other mandatory
12 payments whose budget authority was provided in appro-
13 priations Acts for fiscal year 2020, and for activities under
14 the Food and Nutrition Act of 2008, activities shall be
15 continued at the rate to maintain program levels under
16 current law, under the authority and conditions provided
17 in the applicable appropriations Act for fiscal year 2020,
18 to be continued through the date specified in section
19 106(3).
20 (b) Notwithstanding section 106, obligations for man-
21 datory payments due on or about the first day of any
22 month that begins after October 2020 but not later than
23 30 days after the date specified in section 106(3) may con-
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24 tinue to be made, and funds shall be available for such
25 payments.
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1 SEC. 112. Amounts made available under section 101
2 for civilian personnel compensation and benefits in each
3 department and agency may be apportioned up to the rate
4 for operations necessary to avoid furloughs within such de-
5 partment or agency, consistent with the applicable appro-
6 priations Act for fiscal year 2020, except that such author-
7 ity provided under this section shall not be used until after
8 the department or agency has taken all necessary actions
9 to reduce or defer non-personnel-related administrative ex-
10 penses.
11 SEC. 113. Funds appropriated by this Act may be
12 obligated and expended notwithstanding section 10 of
13 Public Law 91–672 (22 U.S.C. 2412), section 15 of the
14 State Department Basic Authorities Act of 1956 (22
15 U.S.C. 2680), section 313 of the Foreign Relations Au-
16 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
17 6212), and section 504(a)(1) of the National Security Act
18 of 1947 (50 U.S.C. 3094(a)(1)).
19 SEC. 114. (a) Each amount incorporated by reference
20 in this Act that was previously designated by the Congress
21 for Overseas Contingency Operations/Global War on Ter-
22 rorism or as an emergency requirement pursuant to sec-
23 tion 251(b)(2)(A) of the Balanced Budget and Emergency
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24 Deficit Control Act of 1985 or as being for disaster relief
25 pursuant to section 251(b)(2)(D) of such Act is des-
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1 ignated by the Congress for Overseas Contingency Oper-
2 ations/Global War on Terrorism or as an emergency re-
3 quirement pursuant to section 251(b)(2)(A) of such Act
4 or as being for disaster relief pursuant to section
5 251(b)(2)(D) of such Act, respectively.
6 (b) Section 6 of Public Law 116–94 shall apply to
7 amounts designated in subsection (a) and sections 126
8 and 163 of this Act for Overseas Contingency Operations/
9 Global War on Terrorism or as an emergency requirement.
10 (c) This section shall become effective immediately
11 upon enactment of this Act, and shall remain in effect
12 through the date in section 106(3).
13 SEC. 115. (a) Rescissions or cancellations of discre-
14 tionary budget authority that continue pursuant to section
15 101 in Treasury Appropriations Fund Symbols (TAFS)—
16 (1) to which other appropriations are not pro-
17 vided by this Act, but for which there is a current
18 applicable TAFS that does receive an appropriation
19 in this Act; or
20 (2) which are no-year TAFS and receive other
21 appropriations in this Act,
22 may be continued instead by reducing the rate for oper-
23 ations otherwise provided by section 101 for such current
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24 applicable TAFS, as long as doing so does not impinge
25 on the final funding prerogatives of the Congress.
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1 (b) Rescissions or cancellations described in sub-
2 section (a) shall continue in an amount equal to the lesser
3 of—
4 (1) the amount specified for rescission or can-
5 cellation in the applicable appropriations Act ref-
6 erenced in section 101 of this Act; or
7 (2) the amount of balances available, as of Oc-
8 tober 1, 2020, from the funds specified for rescission
9 or cancellation in the applicable appropriations Act
10 referenced in section 101 of this Act.
11 (c) No later than November 20, 2020, the Director
12 of the Office of Management and Budget shall provide to
13 the Committees on Appropriations of the House of Rep-
14 resentatives and the Senate a comprehensive list of the
15 rescissions or cancellations that will continue pursuant to
16 section 101: Provided, That the information in such com-
17 prehensive list shall be periodically updated to reflect any
18 subsequent changes in the amount of balances available,
19 as of October 1, 2020, from the funds specified for rescis-
20 sion or cancellation in the applicable appropriations Act
21 referenced in section 101, and such updates shall be trans-
22 mitted to the Committees on Appropriations of the House
23 of Representatives and the Senate upon request.
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24 SEC. 116. Notwithstanding section 101, amounts are
25 available in the ‘‘Rural Utilities Service—Rural Water and
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1 Waste Disposal Program Account’’ of the Department of
2 Agriculture for gross obligations for the principal amount
3 of direct and guaranteed loans as authorized by section
4 306 and described in section 381E(d)(2) of the Consoli-
5 dated Farm and Rural Development Act, as follows:
6 $1,400,000,000 for direct loans; and $50,000,000 for
7 guaranteed loans.
8 SEC. 117. Amounts made available by section 101 for
9 ‘‘Department of Agriculture—Food and Nutrition Serv-
10 ice—Child Nutrition Programs’’ to carry out section
11 749(g) of the Agriculture, Rural Development, Food and
12 Drug Administration, and Related Agencies Appropria-
13 tions Act, 2010 (Public Law 111–80) may be apportioned
14 up to the rate for operations necessary to ensure that the
15 program can be fully operational by May 2021.
16 SEC. 118. Amounts made available by section 101 for
17 ‘‘Department of Agriculture—Domestic Food Programs—
18 Food and Nutrition Service—Commodity Assistance Pro-
19 gram’’ may be apportioned up to the rate for operations
20 necessary to maintain current program caseload in the
21 Commodity Supplemental Food Program.
22 SEC. 119. Amounts made available by section 101 for
23 ‘‘Farm Service Agency—Agricultural Credit Insurance
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24 Fund Program Account’’ may be apportioned up to the
25 rate for operations necessary to accommodate approved
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1 applications for direct and guaranteed farm ownership
2 loans, as authorized by 7 U.S.C. 1922 et seq.
3 SEC. 120. Section 260 of the Agricultural Marketing
4 Act of 1946 (7 U.S.C. 1636i) and section 942 of the Live-
5 stock Mandatory Reporting Act of 1999 (7 U.S.C. 1635
6 note; Public Law 106–78) shall be applied by substituting
7 the date specified in section 106(3) of this Act for ‘‘Sep-
8 tember 30, 2020’’.
9 SEC. 121. (a) Sections 7(j)(5), 7A(l)(4), and 21(e)
10 of the United States Grain Standards Act (7 U.S.C.
11 79(j)(5), 79a(l)(4), 87j(e)) shall be applied by substituting
12 the date specified in section 106(3) of this Act for ‘‘Sep-
13 tember 30, 2020’’ each place it appears.
14 (b) Sections 7D and 19 of the United States Grain
15 Standards Act (7 U.S.C. 79d, 87h) shall be applied by
16 substituting ‘‘2021’’ for ‘‘2020’’.
17 SEC. 122. Section 7605(b) of the Agriculture Im-
18 provement Act of 2018 (7 U.S.C. 5940 note; Public Law
19 115–334) is amended by striking ‘‘the date that is 1 year
20 after the date on which the Secretary establishes a plan
21 under section 297C of the Agricultural Marketing Act of
22 1946’’ and inserting ‘‘September 30, 2021’’.
23 SEC. 123. Notwithstanding section 101, the second
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24 paragraph under the heading ‘‘Department of Health and
25 Human Services—Food and Drug Administration—Sala-
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1 ries and Expenses’’ in title VI of division B of Public Law
2 116–94 shall be applied by striking ‘‘, contingent upon the
3 enactment of the Over-the-Counter Monograph User Fee
4 Act of 2019,’’.
5 SEC. 124. Notwithstanding section 101, amounts are
6 provided for ‘‘Department of Commerce—Bureau of the
7 Census—Periodic Censuses and Programs’’ at a rate for
8 operations of $1,514,709,000: Provided, That amounts
9 made available under such heading by this Act may be
10 apportioned up to the rate for operations necessary to con-
11 duct the 2020 Decennial Census Program.
12 SEC. 125. (a)(1) Notwithstanding any other provision
13 of this Act, the Secretary of the Navy may enter into a
14 contract, beginning with fiscal year 2021, for the procure-
15 ment of up to two Columbia class submarines.
16 (2) With respect to a contract entered into
17 under subsection (a), the Secretary of the Navy may
18 use incremental funding to make payments under
19 the contract.
20 (3) Any contract entered into under subsection
21 (a) shall provide that—
22 (A) any obligation of the United States to
23 make a payment under the contract is subject
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24 to the availability of appropriations for that
25 purpose; and
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1 (B) total liability of the Federal Govern-
2 ment for termination of any contract entered
3 into shall be limited to the total amount of
4 funding obligated to the contract at time of ter-
5 mination.
6 (b) Notwithstanding sections 102 and 104, amounts
7 made available by section 101 to the Department of De-
8 fense for ‘‘Shipbuilding and Conversion, Navy’’ may be ap-
9 portioned up to the rate for operations necessary for
10 ‘‘Ohio Replacement Submarine (Full Funding)’’ in an
11 amount not to exceed $1,620,270,000.
12 SEC. 126. (a) The remaining unobligated balances of
13 funds as of September 30, 2020, from amounts made
14 available to ‘‘Department of Defense—Other Department
15 of Defense Programs—Office of the Inspector General’’
16 in title III of division B of the CARES Act (Public Law
17 116–136), are hereby rescinded, and, in addition to
18 amounts otherwise provided by section 101, an amount of
19 additional new budget authority equivalent to the amount
20 rescinded pursuant to this subsection is hereby appro-
21 priated on September 30, 2020, for an additional amount
22 for fiscal year 2020, to remain available until September
23 30, 2021, and shall be available for the same purposes,
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24 in addition to other funds as may be available for such
25 purposes, and under the same authorities for which the
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1 funds were originally provided in Public Law 116–136:
2 Provided, That the amounts rescinded pursuant to this
3 subsection that were previously designated by the Con-
4 gress as an emergency requirement pursuant to section
5 251(b)(2)(A)(i) of the Balanced Budget and Emergency
6 Deficit Control Act of 1985 are designated by the Con-
7 gress as an emergency requirement pursuant to section
8 251(b)(2)(A)(i) of that Act: Provided further, That such
9 amount is designated by the Congress as being for an
10 emergency requirement pursuant to section
11 251(b)(2)(A)(i) of the Balanced Budget and Emergency
12 Deficit Control Act of 1985.
13 (b)(1) This section shall become effective immediately
14 upon enactment of this Act.
15 (2) If this Act is enacted after September 30,
16 2020, or if the designation in section 114(b) occurs
17 after September 30, 2020, this section shall be ap-
18 plied as if it were in effect on September 30, 2020.
19 SEC. 127. (a) No funds shall be transferred directly
20 from ‘‘Department of Energy—Power Marketing Admin-
21 istration—Colorado River Basins Power Marketing Fund,
22 Western Area Power Administration’’ to the general fund
23 of the Treasury in fiscal year 2020.
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24 (b)(1) This section shall become effective immediately
25 upon enactment of this Act.
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1 (2) If this Act is enacted after September 30,
2 2020, this section shall be applied as if it were in
3 effect on September 30, 2020.
4 SEC. 128. (a) Section 104(c) of the Reclamation
5 States Emergency Drought Relief Act of 1991 (43 U.S.C.
6 2214(c)) shall be applied by substituting the date specified
7 in section 106(3) of this Act for ‘‘September 30, 2020’’.
8 (b) Section 301 of the Reclamation States Emergency
9 Drought Relief Act of 1991 (43 U.S.C. 2241) shall be ap-
10 plied by substituting ‘‘2006 through 2021’’ for ‘‘2006
11 through 2020’’.
12 SEC. 129. Section 3007(a)(5)(A)(i)(II)(bb) of the
13 Scholarships for Opportunity and Results Act (sec. 38–
14 1853.07(a)(5)(A)(i)(II)(bb), D.C. Official Code) is amend-
15 ed by striking ‘‘5 years’’ and inserting ‘‘6 years’’.
16 SEC. 130. Notwithstanding any other provision of
17 this Act, except section 106, the District of Columbia may
18 expend local funds made available under the heading ‘‘Dis-
19 trict of Columbia—District of Columbia Funds’’ for such
20 programs and activities under the District of Columbia
21 Appropriations Act, 2020 (title IV of division C of Public
22 Law 116–93) at the rate set forth in the Fiscal Year 2021
23 Local Budget Act of 2020 (D.C. Act 23–408), as modified
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24 as of the date of enactment of this Act.
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1 SEC. 131. In addition to the amounts otherwise pro-
2 vided by section 101, for ‘‘District of Columbia—Federal
3 Payment for Emergency Planning and Security Costs in
4 the District of Columbia’’, there is appropriated
5 $13,000,000, for an additional amount for fiscal year
6 2021, to remain available until expended, for costs associ-
7 ated with the Presidential Inauguration held in January
8 2021.
9 SEC. 132. Notwithstanding section 101, the matter
10 preceding the first proviso under the heading ‘‘Small Busi-
11 ness Administration—Business Loans Program Account’’
12 in title V of division C of Public Law 116–93 shall be
13 applied by substituting ‘‘$15,000,000’’ for ‘‘$99,000,000’’
14 and the third proviso shall be applied as if the language
15 read as follows: ‘‘Provided further, That commitments for
16 general business loans authorized under paragraphs (1)
17 through (35) of section 7(a) of the Small Business Act
18 shall not exceed $30,000,000,000 for a combination of
19 amortizing term loans and the aggregated maximum line
20 of credit provided by revolving loans:’’: Provided, That
21 amounts made available under such heading by this Act
22 may be apportioned up to the rate for operations necessary
23 to accommodate increased demand for commitments for
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24 general business loans authorized under paragraphs (1)
25 through (35) of section 7(a) of the Small Business Act
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1 (15 U.S.C. 636(a)) and for commitments to guarantee
2 loans for debentures under section 303(b) of the Small
3 Business Investment Act of 1958 (15 U.S.C 683(b)).
4 SEC. 133. Amounts made available by section 101 for
5 ‘‘Small Business Administration—Disaster Loans Pro-
6 gram Account’’ may be apportioned up to the rate for op-
7 erations necessary to accommodate increased demand for
8 commitments for disaster administrative expenses.
9 SEC. 134. (a) Notwithstanding section 101, amounts
10 are provided for ‘‘General Services Administration—Ex-
11 penses, Presidential Transition’’ for necessary expenses to
12 carry out the Presidential Transition Act of 1963 (3
13 U.S.C. 102 note), at a rate for operations of $9,900,000,
14 of which not to exceed $1,000,000 is for activities author-
15 ized by sections 3(a)(8) and 3(a)(9) of such Act: Provided,
16 That such amounts may be transferred and credited to
17 the ‘‘Acquisition Services Fund’’ or ‘‘Federal Buildings
18 Fund’’ to reimburse obligations incurred prior to enact-
19 ment of this Act for the purposes provided herein related
20 to the Presidential election in 2020: Provided further, That
21 amounts available under this section shall be in addition
22 to any other amounts available for such purposes.
23 (b) Notwithstanding section 101, no funds are pro-
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24 vided by this Act for ‘‘General Services Administration—
25 Pre-Election Presidential Transition’’.
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1 SEC. 135. Amounts made available by section 101 for
2 ‘‘General Services Administration—Real Property Activi-
3 ties—Federal Buildings Fund—Limitations on Avail-
4 ability of Revenue’’ may be apportioned up to the rate for
5 operations necessary for monthly rental of space oper-
6 ations.
7 SEC. 136. Notwithstanding section 101, for expenses
8 of the Office of Administration to carry out the Presi-
9 dential Transition Act of 1963, as amended, and similar
10 expenses, in addition to amounts otherwise appropriated
11 by law, amounts are provided to ‘‘Presidential Transition
12 Administrative Support’’ at a rate for operations of
13 $8,000,000: Provided, That such funds may be trans-
14 ferred to other accounts that provide funding for offices
15 within the Executive Office of the President and the Office
16 of the Vice President in this Act or any other Act, to carry
17 out such purposes: Provided further, That such amounts
18 may be apportioned up to the rate for operations necessary
19 to carry out such responsibilities.
20 SEC. 137. In addition to amounts provided in section
21 101, an additional amount is provided for ‘‘National Ar-
22 chives and Records Administration—Operating Expenses’’
23 to carry out transition responsibilities of the Archivist of
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24 the United States under sections 2201 through 2207 of
25 title 44, United States Code (commonly known as the
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1 ‘‘Presidential Records Act of 1978’’) in the event of a
2 Presidential Transition at a rate for operations of
3 $18,000,000: Provided, That such amounts may be appor-
4 tioned up to the rate for operations necessary to carry out
5 such responsibilities.
6 SEC. 138. Amounts made available by section 101 for
7 ‘‘Office of Personnel Management—Salaries and Ex-
8 penses’’, including amounts to be transferred from the ap-
9 propriate trust funds of the Office of Personnel Manage-
10 ment without regard to other statutes, may be apportioned
11 up to the rate for operations necessary to cover any ex-
12 pected shortfall in administrative expenses resulting from
13 the transfer of the National Background Investigations
14 Bureau function to the Department of Defense.
15 SEC. 139. Section 2(b)(2)(C)(i) of the Temporary
16 Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C.
17 152 note; Public Law 112–121) is amended (with regard
18 to the 1st vacancy in the eastern district of Tennessee)
19 by striking ‘‘5 years’’ and inserting ‘‘9 years’’.
20 SEC. 140. Section 3610 of division A of the CARES
21 Act (Public Law 116–136) shall be applied by substituting
22 the date in section 106(3) of this Act for ‘‘September 30,
23 2020’’.
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24 SEC. 141. Amounts made available by section 101 to
25 the Department of Homeland Security for ‘‘Office of the
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1 Secretary and Executive Management—Operations and
2 Support’’, ‘‘Management Directorate—Operations and
3 Support’’, and ‘‘Intelligence, Analysis, and Operations Co-
4 ordination—Operations and Support’’ may be apportioned
5 up to the rate for operations necessary to carry out activi-
6 ties previously funded by the Working Capital Fund of
7 the Department of Homeland Security, consistent with the
8 fiscal year 2021 President’s Budget proposal, submitted
9 pursuant to section 1105(a) of title 31, United States
10 Code, and accompanying justification materials.
11 SEC. 142. Amounts made available by section 101 to
12 the Department of Homeland Security under the heading
13 ‘‘Coast Guard—Operations and Support’’ may be avail-
14 able for the pay and benefits of Coast Guard Yard and
15 Vessel Documentation personnel, Non-Appropriated
16 Funds personnel, and for Morale, Welfare and Recreation
17 Programs.
18 SEC. 143. Section 9307(f)(1) of title 46, United
19 States Code shall be applied by substituting the date speci-
20 fied in section 106(3) of this Act for ‘‘September 30,
21 2020’’.
22 SEC. 144. Amounts made available by section 101 to
23 the Department of Homeland Security under the heading
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24 ‘‘Cybersecurity and Infrastructure Security Agency’’ may
25 be obligated in the account and budget structure set forth
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1 in H.R. 7669 and the accompanying House Report 116–
2 458, as reported by the House Committee on Appropria-
3 tions on July 15, 2020.
4 SEC. 145. Amounts made available by section 101 to
5 the Department of Homeland Security under the heading
6 ‘‘Federal Emergency Management Agency—Disaster Re-
7 lief Fund’’ may be apportioned up to the rate for oper-
8 ations necessary to carry out response and recovery activi-
9 ties under the Robert T. Stafford Disaster Relief and
10 Emergency Assistance Act (42 U.S.C. 5121 et seq.).
11 SEC. 146. (a) Section 1309(a) of the National Flood
12 Insurance Act of 1968 (42 U.S.C. 4016(a)) is amended
13 by striking ‘‘September 30, 2019’’ and inserting ‘‘Sep-
14 tember 30, 2021’’.
15 (b) Section 1319 of the National Flood Insurance Act
16 of 1968 (42 U.S.C. 4026) is amended by striking ‘‘Sep-
17 tember 30, 2019’’ and inserting ‘‘September 30, 2021’’.
18 (c)(1) This section shall become effective immediately
19 upon enactment of this Act.
20 (2) If this Act is enacted after September 30,
21 2020, this section shall be applied as if it were in
22 effect on September 30, 2020.
23 SEC. 147. (a) Notwithstanding section 101, the fol-
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24 lowing shall be applied by substituting ‘‘$0’’ for—
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1 (1) ‘‘$32,300,000’’ in the first paragraph under
2 the heading ‘‘Bureau of Land Management—Land
3 Acquisition’’;
4 (2) ‘‘$10,000,000’’, and ‘‘$320,000’’ in the first
5 paragraph under the heading ‘‘United States Fish
6 and Wildlife Service—Land Acquisition’’;
7 (3) ‘‘$3,628,000’’ in the second paragraph
8 under the heading ‘‘United States Fish and Wildlife
9 Service—Land Acquisition’’;
10 (4) ‘‘$30,800,000’’ and ‘‘$23,702,000’’ for
11 ‘‘$54,502,000’’ in the first paragraph under the
12 heading ‘‘United States Fish and Wildlife Service—
13 Cooperative Endangered Species Conservation
14 Fund’’;
15 (5) ‘‘$208,400,000’’, ‘‘$140,000,000’’, and
16 ‘‘$13,000,000’’ in the first paragraph under the
17 heading ‘‘National Park Service—Land Acquisition
18 and State Assistance’’;
19 (6) ‘‘$63,990,000’’ and ‘‘$283,000,000’’ for
20 ‘‘$346,990,000’’ under the heading ‘‘Forest Serv-
21 ice—State and Private Forestry’’; and
22 (7) ‘‘$78,898,000’’ in the first paragraph under
23 the heading ‘‘Forest Service—Land Acquisition’’.
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24 (b) Notwithstanding section 101, the first paragraph
25 under the heading ‘‘United States Fish and Wildlife Serv-
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1 ice—Land Acquisition’’ shall be applied by substituting
2 ‘‘$7,550,000’’ for ‘‘$70,715,000’’.
3 (c) Amounts made available by section 101 to the De-
4 partment of the Interior for ‘‘Departmental Offices—Of-
5 fice of the Secretary—Departmental Operations’’ may be
6 apportioned up to the rate for operations necessary to
7 fund the Appraisal and Valuation Services Office and such
8 amounts shall be derived from the Land and Water Con-
9 servation Fund.
10 SEC. 148. Amounts made available by section 101 to
11 the Forest Service may be obligated in the account and
12 budget structure set forth in the table provided by the Sec-
13 retary of Agriculture to the Committees on Appropriations
14 of the Senate and the House of Representatives prior to
15 the end of fiscal year 2020 pursuant to section 435(d)
16 of the Department of the Interior, Environment, and Re-
17 lated Agencies Appropriations Act, 2020 (division D of
18 Public Law 116–94): Provided, That amounts made avail-
19 able by section 101 under the heading ‘‘Forest Service—
20 National Forest System’’ shall be available for the base
21 salary and expenses of employees that carry out the func-
22 tions funded by the ‘‘Capital Improvement and Mainte-
23 nance’’ account, the ‘‘Range Betterment Fund’’ account,
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24 and the ‘‘Management of National Forests for Subsistence
25 Uses’’ account and may be apportioned up to the rate for
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1 operations necessary to fund such base salary and ex-
2 penses of such employees.
3 SEC. 149. Activities authorized by part A of title IV
4 and section 1108(b) of the Social Security Act shall con-
5 tinue through the date specified in section 106(3) of this
6 Act, in the manner authorized for fiscal year 2020, and
7 out of any money in the Treasury of the United States
8 not otherwise appropriated, there are hereby appropriated
9 such sums as may be necessary for such purpose: Pro-
10 vided, That grants under section 418 of the Social Secu-
11 rity Act shall be issued on the same basis as grants under
12 section 403(a)(1) of such Act.
13 SEC. 150. (a) The remaining unobligated balances of
14 funds as of September 30, 2020, from amounts credited
15 and merged pursuant to the second proviso under the
16 heading ‘‘Department of Health and Human Services—
17 Centers for Disease Control and Prevention—Buildings
18 and Facilities’’ in title II of the Departments of Labor,
19 Health and Human Services, Education, and Related
20 Agencies Appropriations Act, 2016 (division H of Public
21 Law 114–113) are hereby rescinded, and, in addition to
22 amounts otherwise provided by section 101, an amount of
23 additional new budget authority equivalent to the amount
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24 rescinded pursuant to this subsection is hereby appro-
25 priated on September 30, 2020, for an additional amount
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1 for fiscal year 2020, to remain available until September
2 30, 2025, and shall be available for the same purposes,
3 in addition to other funds as may be available for such
4 purposes, and under the same authorities for which the
5 funds were originally transferred and merged pursuant to
6 Public Law 114–113.
7 (b)(1) This section shall become effective immediately
8 upon enactment of this Act.
9 (2) If this Act is enacted after September 30,
10 2020, this section shall be applied as if it were in
11 effect on September 30, 2020.
12 SEC. 151. (a) Notwithstanding section 101, section
13 529 of division A of Public Law 116–94 shall be applied
14 by substituting ‘‘$1,150,000,000’’ for ‘‘$3,169,819,000’’
15 and by substituting ‘‘section 2104(a)(24)’’ for ‘‘section
16 2104(a)(23)’’.
17 (b) Notwithstanding section 101, section 530 of divi-
18 sion A of Public Law 116–94 shall be applied by sub-
19 stituting ‘‘$11,005,661,000’’ for ‘‘$6,093,181,000’’.
20 SEC. 152. (a) Funds made available in Public Law
21 113–235 to the accounts of the National Institutes of
22 Health that were available for obligation through fiscal
23 year 2015 and were obligated for multi-year research
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24 grants shall be available through fiscal year 2021 for the
25 liquidation of valid obligations incurred in fiscal year 2015
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1 if the Director of the National Institutes of Health deter-
2 mines the project suffered an interruption of activities at-
3 tributable to SARS–CoV–2.
4 (b)(1) This section shall become effective immediately
5 upon enactment of this Act.
6 (2) If this Act is enacted after September 30,
7 2020, this section shall be applied as if it were in
8 effect on September 30, 2020.
9 SEC. 153. (a) Funds made available in Public Law
10 113–76 under the heading ‘‘Rehabilitation Services and
11 Disability Research’’ that were available for obligation
12 through fiscal year 2015 for the Automated Personaliza-
13 tion Computing Project pursuant to the first four provisos
14 under that heading in that Act are to remain available
15 through fiscal year 2021 for the liquidation of valid obliga-
16 tions incurred in fiscal years 2014 or 2015.
17 (b)(1) This section shall become effective immediately
18 upon enactment of this Act.
19 (2) If this Act is enacted after September 30,
20 2020, this section shall be applied as if it were in
21 effect on September 30, 2020.
22 SEC. 154. Section 114(f) of the Higher Education
23 Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by sub-
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24 stituting the date specified in section 106(3) of this Act
25 for ‘‘September 30, 2020’’.
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1 SEC. 155. Section 458(a)(4) of the Higher Education
2 Act of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied
3 through the date specified in section 106(3) of this Act
4 by substituting ‘‘2021’’ for ‘‘2020’’.
5 SEC. 156. (a) The remaining unobligated balances of
6 funds as of September 30, 2020, from amounts made
7 available to ‘‘Corporation for National and Community
8 Service—Salaries and Expenses’’ in title IV of division A
9 of the Further Consolidated Appropriations Act, 2020
10 (Public Law 116–94), are hereby rescinded, and in addi-
11 tion to amounts otherwise provided by section 101, an
12 amount of additional new budget authority equivalent to
13 the amount rescinded pursuant to this subsection is here-
14 by appropriated on September 30, 2020, for an additional
15 amount for fiscal year 2020, to remain available until Sep-
16 tember 30, 2021, and shall be available for the same pur-
17 poses, in addition to other funds as may be available for
18 such purposes, and under the same authorities for which
19 the funds were originally provided in Public Law 116–94.
20 (b) The remaining unobligated balances of funds as
21 of September 30, 2020, from amounts made available to
22 ‘‘Corporation for National and Community Service—Op-
23 erating Expenses’’ in title IV of division A of the Further
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24 Consolidated Appropriations Act, 2020 (Public Law 116–
25 94), are hereby rescinded, and in addition to amounts oth-
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1 erwise provided by section 101, an amount of additional
2 new budget authority equivalent to the amount rescinded
3 pursuant to this subsection is hereby appropriated on Sep-
4 tember 30, 2020, for an additional amount for fiscal year
5 2020, to remain available until September 30, 2021, and
6 shall be available for the same purposes, in addition to
7 other funds as may be available for such purposes, and
8 under the same authorities for which the funds were origi-
9 nally provided in Public Law 116–94: Provided, That any
10 amounts appropriated by the preceding proviso shall not
11 be subject to the allotment requirements otherwise appli-
12 cable under sections 129(a), (b), (d), and (e) of the Na-
13 tional and Community Service Act of 1993.
14 (c) The remaining unobligated balances of funds as
15 of September 30, 2020, from amounts made available to
16 ‘‘Corporation for National and Community Service—Of-
17 fice of Inspector General’’ in title IV of division A of the
18 Further Consolidated Appropriations Act, 2020 (Public
19 Law 116–94), are hereby rescinded, and in addition to
20 amounts otherwise provided by section 101, an amount of
21 additional new budget authority equivalent to the amount
22 rescinded pursuant to this subsection is hereby appro-
23 priated on September 30, 2020, for an additional amount
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24 for fiscal year 2020, to remain available until September
25 30, 2021, and shall be available for the same purposes,
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1 in addition to other funds as may be available for such
2 purposes, and under the same authorities for which the
3 funds were originally provided in Public Law 116–94.
4 (d)(1) Section 3514(b) of title III of division A of
5 Public Law 116–136 is hereby repealed, and such section
6 shall be applied hereafter as if such subsection had never
7 been enacted.
8 (2)(A) IN GENERAL.—The amounts provided
9 under this subsection are designated as an emer-
10 gency requirement pursuant to section 4(g) of the
11 Statutory Pay-As-You-Go Act of 2010 (2 U.S.C.
12 933(g)).
13 (B) DESIGNATION IN THE SENATE.—In
14 the Senate, this subsection is designated as an
15 emergency requirement pursuant to section
16 4112(a) of H. Con. Res. 71 (115th Congress),
17 the concurrent resolution on the budget for fis-
18 cal year 2018.
19 (C) CLASSIFICATION OF BUDGETARY EF-
20 FECTS.—Notwithstanding Rule 3 of the Budget
21 Scorekeeping Guidelines set forth in the joint
22 explanatory statement of the committee of con-
23 ference accompanying Conference Report 105–
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24 217 and section 250(c)(7) and (c)(8) of the
25 Balanced Budget and Emergency Deficit Con-
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1 trol Act of 1985, the budgetary effects of this
2 subsection—
3 (i) shall not be estimated for purposes
4 of section 251 of such Act;
5 (ii) shall not be estimated for pur-
6 poses of paragraph (4)(C) of section 3 of
7 the Statutory Pay As-You-Go Act of 2010
8 as being included in an appropriation Act;
9 and
10 (iii) shall be treated as if they were
11 contained in a PAYGO Act, as defined by
12 section 3(7) of the Statutory Pay-As-You-
13 Go Act of 2010 (2 U.S.C. 932(7)).
14 (e)(1) This section shall become effective immediately
15 upon enactment of this Act.
16 (2) If this Act is enacted after September 30,
17 2020, this section shall be applied as if it were in
18 effect on September 30, 2020.
19 SEC. 157. Notwithstanding any other provision of
20 this Act, there is hereby appropriated for fiscal year 2021
21 for payment to the John R. Lewis Revocable Trust, bene-
22 ficiary of John R. Lewis, late a Representative from the
23 State of Georgia, $174,000.
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1 SEC. 158. Notwithstanding section 101, amounts are
2 provided for ‘‘House of Representatives—Salaries and Ex-
3 penses’’ at a rate for operations of $1,383,725,000.
4 SEC. 159. Notwithstanding any other provision of
5 this Act—
6 (1) the authority of the Library of Congress to
7 reimburse the Little Scholars Child Development
8 Center at the Library of Congress under section
9 19004 of the CARES Act (2 U.S.C. 162b note; 134
10 Stat. 578) shall remain in effect with respect to sal-
11 aries incurred until the termination of the public
12 health emergency declared pursuant to section 319
13 of the Public Health Service Act (42 U.S.C. 247d)
14 resulting from the COVID–19 pandemic; and
15 (2) the authority of the Government Account-
16 ability Office to reimburse the Tiny Findings Child
17 Development Center under section 19009 of the
18 CARES Act (134 Stat. 579) shall remain in effect
19 with respect to salaries incurred until the termi-
20 nation of the public health emergency declared pur-
21 suant to section 319 of the Public Health Service
22 Act (42 U.S.C. 247d) resulting from the COVID–19
23 pandemic.
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24 (3) Section 19005(a) of the CARES Act (2
25 U.S.C. 1816b note; 134 Stat. 578) shall be amended
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1 by striking ‘‘for not more than 16 weeks’’ and in-
2 serting in its place ‘‘until the termination of the
3 public health emergency declared pursuant to section
4 319 of the Public Health Service Act (42 U.S.C.
5 247d) resulting from the COVID–19 pandemic’’.
6 SEC. 160. (a) EXTENSION.—Notwithstanding sec-
7 tions 3902(a) and 3904(b) of title 41, United States Code,
8 if the performance or delivery of services procured under
9 a severable service contract of the Library of Congress is
10 delayed or otherwise affected by the COVID–19 Pan-
11 demic, the period for the performance or delivery of serv-
12 ices under the contract may be extended for a period
13 equivalent to the delay or suspension of services, but not
14 exceeding an additional 12 months.
15 (b) CONTRACTS COVERED.—This section applies with
16 respect to contracts for severable services procured for a
17 period beginning in fiscal year 2019 or fiscal year 2020.
18 SEC. 161. Effective upon enactment of this Act, the
19 matter preceding the first proviso under the heading ‘‘De-
20 partment of Veterans Affairs—Veterans Benefits Admin-
21 istration—Compensation and Pensions’’ in division F of
22 Public Law 116–94 is amended by replacing ‘‘shall become
23 available on October 1, 2020:’’ with ‘‘, to remain available
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24 until expended and to become available on October 1,
25 2020:’’.
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1 SEC. 162. Amounts made available by section 101 for
2 ‘‘Department of Veterans Affairs—Departmental Admin-
3 istration—Veterans Electronic Health Record’’ may be
4 apportioned up to the rate for operations necessary to
5 maintain support activities related to implementation and
6 maintenance of a Veterans Electronic Health Record sys-
7 tem, including contractual costs associated with operations
8 authorized by section 3109 of title 5, United States Code,
9 and salaries and expenses of employees hired under titles
10 5 and 38, United States Code.
11 SEC. 163. Notwithstanding section 106 of this Act,
12 at any time during fiscal year 2021, the Secretary of Vet-
13 erans Affairs may transfer up to $140,000,000 of the un-
14 obligated balances available under the heading ‘‘Depart-
15 ment of Veterans Affairs—Veterans Health Administra-
16 tion—Medical Services’’ in title X of division B of the
17 Coronavirus Aid, Relief, and Economic Security Act (Pub-
18 lic Law 116–136) to the ‘‘Canteen Service Revolving
19 Fund’’ of the Department to prevent, prepare for, and re-
20 spond to coronavirus, domestically or internationally: Pro-
21 vided, That amounts so transferred shall be for offsetting
22 the losses resulting from the coronavirus pandemic of Vet-
23 erans Canteen Service collections pursuant to chapter 78
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24 of title 38, United States Code: Provided further, That the
25 transferred amounts shall be in addition to any other
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1 funds made available for this purpose: Provided further,
2 That amounts transferred under this section that were
3 previously designated by the Congress as an emergency
4 requirement pursuant to the Balanced Budget and Emer-
5 gency Deficit Control Act of 1985 are designated by the
6 Congress as an emergency requirement pursuant to sec-
7 tion 251(b)(2)(A)(i) of the Balanced Budget and Emer-
8 gency Deficit Control Act of 1985.
9 SEC. 164. Amounts made available by section 101 to
10 the Department of State for ‘‘Administration of Foreign
11 Affairs—Repatriation Loans Program Account’’ may be
12 apportioned up to the rate for operations necessary to ac-
13 commodate increased demand for commitments for repa-
14 triation loans authorized by section 4(b)(2)(B) of the
15 State Department Basic Authorities Act of 1956 (22
16 U.S.C. 2671(b)(2)(B)).
17 SEC. 165. Section 21009 of the Coronavirus Aid, Re-
18 lief, and Economic Security Act (Public Law 116–136)
19 shall continue in effect through the date specified in sec-
20 tion 106 of this Act.
21 SEC. 166. (a) During the period covered by this Act,
22 section 1(b)(1) of the Passport Act of June 4, 1920 (22
23 U.S.C. 214(b)(1)) shall be applied by substituting ‘‘the
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24 costs of providing consular services’’ for ‘‘such costs’’.
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1 (b) During the period covered by this Act, discre-
2 tionary amounts made available by section 101 to the De-
3 partment of State in title I under the heading ‘‘Adminis-
4 tration of Foreign Affairs’’ and discretionary unobligated
5 balances under such heading from prior Acts making ap-
6 propriations for the Department of State, foreign oper-
7 ations, and related programs, may be transferred to the
8 Consular and Border Security Programs account if the
9 Secretary of State determines and reports to the Commit-
10 tees on Appropriations that to do so is necessary to sus-
11 tain consular operations, following consultation with such
12 Committees: Provided, That such transfer authority is in
13 addition to any transfer authority otherwise available in
14 this Act and under any other provision of law: Provided
15 further, That no amounts may be transferred from
16 amounts designated for Overseas Contingency Operations/
17 Global War on Terrorism or as emergency requirements
18 pursuant to a concurrent resolution on the budget or sec-
19 tion 251(b)(2)(A) of the Balanced Budget and Emergency
20 Deficit Control Act of 1985.
21 (c) Amounts made available by section 101 to the De-
22 partment of State for ‘‘Diplomatic Programs’’ may be ap-
23 portioned up to the rate for operations necessary to sus-
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24 tain consular operations, and the obligation of such appor-
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1 tioned funds shall be subject to the regular notification
2 procedures of the Committees on Appropriations.
3 SEC. 167. Notwithstanding any other provision of
4 this Act, and subject to the regular notification procedures
5 of the Committees on Appropriations, the limitations in
6 section 7044(e)(2) of division G of Public Law 116–94
7 shall not apply to funds made available in this Act or in
8 the Department of State, Foreign Operations, and Related
9 Programs Appropriations Act, 2020, for disaster relief; to
10 protect human rights, locate and identify missing persons,
11 and assist victims of torture; to promote justice, account-
12 ability, and reconciliation; to enhance maritime security
13 and domain awareness; and for International Military
14 Education and Training.
15 SEC. 168. Section 1334 of the Foreign Affairs Re-
16 form and Restructuring Act of 1998 (22 U.S.C. 6553) is
17 amended by striking ‘‘October 1, 2020’’ and inserting
18 ‘‘October 1, 2021’’.
19 SEC. 169. (a) The remaining unobligated balances of
20 funds, as of September 30, 2020, from amounts made
21 available to ‘‘Department of Transportation—Office of the
22 Secretary—National Infrastructure Investments’’ in title
23 I of division K of the Consolidated Appropriations Act,
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24 2017 (Public Law 115–31), other than such funds admin-
25 istratively allocated to carry out the administration and
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1 oversight of awards under the national infrastructure in-
2 vestments program, are hereby rescinded, and in addition
3 to amounts otherwise provided by section 101, an amount
4 of additional new budget authority equivalent to the
5 amount rescinded pursuant to this subsection is hereby
6 appropriated on September 30, 2020, for an additional
7 amount for fiscal year 2020, to remain available until Sep-
8 tember 30, 2021, in addition to other funds as may be
9 available for such purposes, and shall be available, without
10 additional competition, for completing the funding of
11 awards made pursuant to the fiscal year 2017 National
12 Infrastructure Investments grants (also known as the Bet-
13 ter Utilizing Investments to Leverage Development, or
14 BUILD grants).
15 (b) The remaining unobligated balances of funds, as
16 of September 30, 2020, from amounts made available to
17 ‘‘Department of Transportation—Office of the Sec-
18 retary—National Infrastructure Investments’’ in title I of
19 division L of the Consolidated Appropriations Act, 2018
20 (Public Law 115–141), other than such funds administra-
21 tively allocated to carry out the administration and over-
22 sight of awards under the national infrastructure invest-
23 ments program, are hereby rescinded, and in addition to
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24 amounts otherwise provided by section 101, an amount of
25 additional new budget authority equivalent to the amount
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1 rescinded pursuant to this subsection is hereby appro-
2 priated on September 30, 2020, for an additional amount
3 for fiscal year 2020, to remain available until September
4 30, 2021, in addition to other funds as may be available
5 for such purposes, and shall be available, without addi-
6 tional competition, for completing the funding of awards
7 made pursuant to the fiscal year 2018 National Infra-
8 structure Investments grants (also known as the Better
9 Utilizing Investments to Leverage Development, or
10 BUILD grants).
11 (c)(1) This section shall become effective immediately
12 upon enactment of this Act.
13 (2) If this Act is enacted after September 30,
14 2020, this section shall be applied as if it were in
15 effect on September 30, 2020.
16 SEC. 170. Notwithstanding section 101, the matter
17 preceding the first proviso under the heading ‘‘Govern-
18 ment National Mortgage Association—Guarantees of
19 Mortgage-Backed Securities Loan Guarantee Program
20 Account’’ in the Further Consolidated Appropriations Act,
21 2020 (Public Law 116–94) shall be applied by sub-
22 stituting ‘‘$1,278,000,000,000’’ for ‘‘$550,000,000,000’’:
23 Provided, That amounts made available under such head-
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24 ing by this Act may be apportioned up to the rate for oper-
25 ations necessary to accommodate increased demand for
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1 new commitments to issue guarantees to carry out the
2 purposes of section 306 of the National Housing Act as
3 amended (12 U.S.C. 1721(g)).
4 SEC. 171. (a) Funds previously made available in the
5 Consolidated and Further Continuing Appropriations Act,
6 2013 (Public Law 113–6) for the ‘‘Choice Neighborhoods
7 Initiative’’ that were available for obligation through fiscal
8 year 2015 are to remain available through fiscal year 2021
9 for the liquidation of valid obligations incurred in fiscal
10 years 2013 through 2015.
11 (b)(1) This section shall become effective immediately
12 upon enactment of this Act.
13 (2) If this Act is enacted after September 30,
14 2020, this section shall be applied as if it were in
15 effect on September 30, 2020.
16 SEC. 172. Amounts made available by section 101 to
17 the Department of Housing and Urban Development for
18 ‘‘Housing Programs—Housing for the Elderly’’ may be
19 apportioned up to the rate for operations necessary to—
20 (1) maintain project rental assistance for the elderly
21 under section 202(c)(2) of the Housing Act of 1959 (12
22 U.S.C. 1701q(2)), including making amendments to con-
23 tracts for such assistance and renewing expiring contracts
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24 for such assistance for up to a 1-year term; and
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1 (2) be available to make awards to existing
2 grantees to continue, without competition, dem-
3 onstration programs to test housing with services
4 models for the elderly that demonstrate the potential
5 to delay or avoid the need for nursing home care.
6 SEC. 173. Amounts provided by section 111 to the
7 Department of Agriculture for ‘‘Corporations—Com-
8 modity Credit Corporation Fund—Reimbursement for Net
9 Realized Losses’’ may be used, prior to the completion of
10 the report described in section 2 of the Act of August 17,
11 1961 (15 U.S.C. 713a-11), to reimburse the Commodity
12 Credit Corporation for net realized losses sustained, but
13 not previously reimbursed, as of September 17, 2020.
14 This Act may be cited as the ‘‘Continuing Appropria-
15 tions Act, 2021’’.
16 DIVISION B—SURFACE TRANS-
17 PORTATION PROGRAM EX-
18 TENSION
19 TITLE I—SURFACE
20 TRANSPORTATION PROGRAMS
21 SEC. 1101. EXTENSION OF FEDERAL SURFACE TRANSPOR-
22 TATION PROGRAMS.
23 (a) IN GENERAL.—Except as otherwise provided in
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24 this division, the requirements, authorities, conditions, eli-
25 gibilities, limitations, and other provisions authorized
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1 under the covered laws, which would otherwise expire on
2 or cease to apply after September 30, 2020, are incor-
3 porated by reference and shall continue in effect through
4 September 30, 2021.
5 (b) AUTHORIZATION OF APPROPRIATIONS.—
6 (1) HIGHWAY TRUST FUND.—
7 (A) HIGHWAY ACCOUNT.—There is author-
8 ized to be appropriated from the Highway Ac-
9 count for fiscal year 2021, for each program
10 with respect to which amounts are authorized
11 to be appropriated from such account for fiscal
12 year 2020, an amount equal to the amount au-
13 thorized for appropriation with respect to the
14 program from such account under the covered
15 laws for fiscal year 2020.
16 (B) MASS TRANSIT ACCOUNT.—There is
17 authorized to be appropriated from the Mass
18 Transit Account for fiscal year 2021, for each
19 program with respect to which amounts are au-
20 thorized to be appropriated from such account
21 for fiscal year 2020, an amount equal to the
22 amount authorized for appropriation with re-
23 spect to the program from such account under
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24 the covered laws for fiscal year 2020.
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1 (2) GENERAL FUND.—There is authorized to be
2 appropriated for fiscal year 2021, for each program
3 under the covered laws with respect to which
4 amounts are authorized to be appropriated for fiscal
5 year 2020 from an account other than the Highway
6 Account or the Mass Transit Account, an amount
7 that is not less than the amount authorized for ap-
8 propriation with respect to the program under the
9 covered laws for fiscal year 2020.
10 (c) USE OF FUNDS.—Amounts authorized to be ap-
11 propriated for fiscal year 2021 with respect to a program
12 under subsection (b) shall be distributed, administered,
13 limited, and made available for obligation in the same
14 manner as amounts authorized to be appropriated with re-
15 spect to the program for fiscal year 2020 under the cov-
16 ered laws.
17 (d) OBLIGATION LIMITATION.—A program for which
18 amounts are authorized to be appropriated under sub-
19 section (b)(1) shall be subject to a limitation on obliga-
20 tions for fiscal year 2021 in the same amount and in the
21 same manner as the limitation applicable with respect to
22 the program for fiscal year 2020.
23 (e) DEFINITIONS.—In this section:
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24 (1) COVERED LAWS.—The term ‘‘covered laws’’
25 means the following:
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1 (A) Titles I, II, III, IV, V, VI, VII, VIII,
2 XI, and XXIV of the FAST Act (Public Law
3 114–94).
4 (B) Division A, division B, subtitle A of
5 title I and title II of division C, and division E
6 of MAP–21 (Public Law 112–141).
7 (C) Titles I, II, and III of the SAFETEA–
8 LU Technical Corrections Act of 2008 (Public
9 Law 110–244).
10 (D) Titles I, II, III, IV, V, and VI of
11 SAFETEA–LU (Public Law 109–59).
12 (E) Titles I, II, III, IV, and V of the
13 Transportation Equity Act for the 21st Century
14 (Public Law 105–178).
15 (F) Titles II, III, and IV of the National
16 Highway System Designation Act of 1995
17 (Public Law 104–59).
18 (G) Titles I, II, III, IV, V, and VI of the
19 Intermodal Surface Transportation Efficiency
20 Act of 1991 (Public Law 102–240).
21 (H) Title 23, United States Code.
22 (I) Sections 116, 117, 330, 5128, 5505,
23 and 24905 and chapters 53, 139, 303, 311,
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24 313, 701, and 702 of title 49, United States
25 Code.
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1 (2) HIGHWAY ACCOUNT.—The term ‘‘Highway
2 Account’’ means the portion of the Highway Trust
3 Fund that is not the Mass Transit Account.
4 (3) MASS TRANSIT ACCOUNT.—The term ‘‘Mass
5 Transit Account’’ means the portion of the Highway
6 Trust Fund established under section 9503(e)(1) of
7 the Internal Revenue Code of 1986.
8 SEC. 1102. NATIONALLY SIGNIFICANT FREIGHT AND HIGH-
9 WAY PROJECTS.
10 Section 117(d)(2)(A) of title 23, United States Code,
11 is amended in the matter preceding clause (i)—
12 (1) by striking ‘‘$500,000,000’’ and inserting
13 ‘‘$600,000,000’’; and
14 (2) by striking ‘‘2020’’ and inserting ‘‘2021’’.
15 SEC. 1103. HIGHWAY SAFETY RESEARCH AND DEVELOP-
16 MENT.
17 Section 403(h)(2) of title 23, United States Code, is
18 amended—
19 (1) by striking ‘‘2020’’ and inserting ‘‘2021’’;
20 and
21 (2) by striking ‘‘$21,248,000’’ and inserting
22 ‘‘$26,560,000’’.
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1 SEC. 1104. RAIL-RELATED PROVISIONS.
2 (a) FEDERAL FUNDING FOR OPERATING LOSSES.—
3 Section 24321 of title 49, United States Code, is amend-
4 ed—
5 (1) by striking subsection (d); and
6 (2) by redesignating subsection (e) as sub-
7 section (d).
8 (b) DIRECT LOANS AND LOAN GUARANTEES.—Sec-
9 tion 502(b)(3) of the Railroad Revitalization and Regu-
10 latory Reform Act of 1976 (45 U.S.C. 822(b)(3)) is
11 amended by striking ‘‘September 30, 2020’’ and inserting
12 ‘‘September 30, 2021’’.
13 SEC. 1105. SUSPENSION FOR EXTENSION PERIOD OF AD-
14 JUSTMENTS FOR ADDITIONAL DEPOSITS
15 INTO HIGHWAY TRUST FUND.
16 Section 105 of title 23, United States Code, shall not
17 apply to monies deposited into the Highway Trust Fund
18 by this division.
19 SEC. 1106. PROHIBITION ON USE OF FUNDS.
20 None of the funds authorized in this division or any
21 other Act may be used to adjust apportionments for the
22 Mass Transit Account of the Highway Trust Fund or
23 withhold funds from apportionments for the Mass Transit
24 Account of the Highway Trust Fund pursuant to section
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25 9503(e)(4) of the Internal Revenue Code of 1986 in fiscal
26 year 2021.
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1 SEC. 1107. APPALACHIAN REGIONAL COMMISSION.
2 (a) AUTHORIZATION OF APPROPRIATIONS.—Section
3 14703 of title 40, United States Code, is amended—
4 (1) in subsection (a)(5) by striking ‘‘2020’’ and
5 inserting ‘‘2021’’; and
6 (2) in subsection (c) by striking ‘‘2020’’ and in-
7 serting ‘‘2021’’.
8 (b) TERMINATION.—Section 14704 of title 40,
9 United States Code, is amended by striking ‘‘2020’’ and
10 inserting ‘‘2021’’.
11 TITLE II—TRUST FUNDS
12 SEC. 1201. EXTENSION OF HIGHWAY TRUST FUND EXPENDI-
13 TURE AUTHORITY.
14 Section 9503 of the Internal Revenue Code of 1986
15 is amended—
16 (1) by striking ‘‘October 1, 2020’’ in sub-
17 sections (b)(6)(B), (c)(1), and (e)(3) and inserting
18 ‘‘October 1, 2021’’; and
19 (2) by striking ‘‘FAST Act’’ in subsections
20 (c)(1) and (e)(3) and inserting ‘‘Continuing Appro-
21 priations Act, 2021 and Other Extensions Act’’.
22 SEC. 1202. SPORT FISH RESTORATION AND BOATING TRUST
23 FUND.
24 Section 9504 of the Internal Revenue Code of 1986
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25 is amended—
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1 (1) by striking ‘‘FAST Act’’ each place it ap-
2 pears in subsection (b)(2) and inserting ‘‘Continuing
3 Appropriations Act, 2021 and Other Extensions
4 Act’’; and
5 (2) by striking ‘‘October 1, 2020’’ in subsection
6 (d)(2) and inserting ‘‘October 1, 2021’’.
7 SEC. 1203. LEAKING UNDERGROUND STORAGE TANK TRUST
8 FUND.
9 Section 9508(e)(2) of the Internal Revenue Code of
10 1986 is amended by striking ‘‘October 1, 2020’’ and in-
11 serting ‘‘October 1, 2021’’.
12 SEC. 1204. FURTHER ADDITIONAL TRANSFERS TO HIGHWAY
13 TRUST FUND.
14 Subsection (f) of section 9503 of the Internal Rev-
15 enue Code of 1986 is amended by redesignating paragraph
16 (10) as paragraph (11) and by inserting after paragraph
17 (9) the following new paragraph:
18 ‘‘(10) FURTHER TRANSFERS TO TRUST
19 FUND.—Out of money in the Treasury not otherwise
20 appropriated, there is hereby appropriated—
21 ‘‘(A) $10,400,000,000 to the Highway Ac-
22 count (as defined in subsection (e)(5)(B)) in
23 the Highway Trust Fund; and
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24 ‘‘(B) $3,200,000,000 to the Mass Transit
25 Account in the Highway Trust Fund.’’.
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1 SEC. 1205. ADDITIONAL TRANSFER TO TRUST FUND.
2 Section 9502 of the Internal Revenue Code of 1986
3 is amended by adding at the end the following:
4 ‘‘(f) ADDITIONAL TRANSFER TO TRUST FUND.—Out
5 of money in the Treasury not otherwise appropriated,
6 there is hereby appropriated $14,000,000,000 to the Air-
7 port and Airway Trust Fund.’’.
8 DIVISION C—HEALTH
9 EXTENDERS
10 TITLE I—PUBLIC HEALTH
11 EXTENDERS
12 SEC. 2101. COMMUNITY HEALTH CENTERS, NATIONAL
13 HEALTH SERVICE CORPS, AND TEACHING
14 HEALTH CENTERS THAT OPERATE GRAD-
15 UATE MEDICAL EDUCATION PROGRAMS.
16 (a) COMMUNITY HEALTH CENTERS.—Section
17 10503(b)(1)(F) of the Patient Protection and Affordable
18 Care Act (42 U.S.C. 254b–2(b)(1)(F)) is amended—
19 (1) by striking ‘‘$668,493,151’’ and inserting
20 ‘‘$789,041,096’’; and
21 (2) by striking ‘‘November 30, 2020’’ and in-
22 serting ‘‘December 11, 2020’’.
23 (b) NATIONAL HEALTH SERVICE CORPS.—Section
24 10503(b)(2)(H) of the Patient Protection and Affordable
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25 Care Act (42 U.S.C. 254b–2(b)(2)(H)) is amended—
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1 (1) by striking ‘‘$51,808,219’’ and inserting
2 ‘‘$61,150,685’’; and
3 (2) by striking ‘‘November 30, 2020’’ and in-
4 serting ‘‘December 11, 2020’’.
5 (c) TEACHING HEALTH CENTERS THAT OPERATE
6 GRADUATE MEDICAL EDUCATION PROGRAMS.—Section
7 340H(g)(1) of the Public Health Service Act (42 U.S.C.
8 256h(g)(1)) is amended—
9 (1) by striking ‘‘$21,141,096’’ and inserting
10 ‘‘$24,953,425’’; and
11 (2) by striking ‘‘November 30, 2020’’ and in-
12 serting ‘‘December 11, 2020’’.
13 (d) APPLICATION OF PROVISIONS.—Amounts appro-
14 priated pursuant to the amendments made by this section
15 for the period beginning on October 1, 2020, through De-
16 cember 11, 2020, shall be subject to the requirements con-
17 tained in Public Law 116–94 for funds for programs au-
18 thorized under sections 330 through 340 of the Public
19 Health Service Act (42 U.S.C. 254 through 256).
20 (e) CONFORMING AMENDMENT.—Paragraph (4) of
21 section 3014(h) of title 18, United States Code, is amend-
22 ed—
23 (1) by striking ‘‘Social Services Act,,,’’ and in-
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24 serting ‘‘Social Services Act,’’; and
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1 (2) by striking ‘‘and section 3831 of the
2 CARES Act’’ and inserting ‘‘, section 3831 of the
3 CARES Act, and section 2101 of the Continuing
4 Appropriations Act, 2021 and Other Extensions
5 Act’’.
6 SEC. 2102. DIABETES PROGRAMS.
7 (a) SPECIAL DIABETES PROGRAMS FOR TYPE I DIA-
8 BETES.—Section 330B(b)(2)(D) of the Public Health
9 Service Act (42 U.S.C. 254c–2(b)(2)(D)) is amended—
10 (1) by striking ‘‘$25,068,493’’ and inserting
11 ‘‘$29,589,042’’; and
12 (2) by striking ‘‘November 30, 2020’’ and in-
13 serting ‘‘December 11, 2020’’.
14 (b) SPECIAL DIABETES PROGRAMS FOR INDIANS.—
15 Section 330C(c)(2)(D) of the Public Health Service Act
16 (42 U.S.C. 254c–3(c)(2)(D)) is amended—
17 (1) by striking ‘‘$25,068,493’’ and inserting
18 ‘‘$29,589,042’’; and
19 (2) by striking ‘‘November 30, 2020’’ and in-
20 serting ‘‘December 11, 2020’’.
21 SEC. 2103. PERSONAL RESPONSIBILITY EDUCATION.
22 Section 513 of the Social Security Act (42 U.S.C.
23 713) is amended by striking ‘‘November 30, 2020’’ each
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24 place it appears and inserting ‘‘December 11, 2020’’.
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1 SEC. 2104. SEXUAL RISK AVOIDANCE EDUCATION.
2 Section 510 of the Social Security Act (42 U.S.C.
3 710) is amended—
4 (1) by striking ‘‘November 30, 2020’’ each
5 place it appears and inserting ‘‘December 11,
6 2020’’;
7 (2) in subsection (a)(2)(B)(i), by striking ‘‘such
8 period, for fiscal year 2020’’ and inserting ‘‘the pe-
9 riod described in subparagraph (A), for fiscal year
10 2021’’; and
11 (3) in subsection (f)(2), by striking ‘‘and 2019’’
12 and inserting ‘‘through 2020,’’.
13 SEC. 2105. RARE PEDIATRIC DISEASE PRIORITY REVIEW
14 VOUCHER EXTENSION.
15 Section 529(b)(5) of the Federal Food, Drug, and
16 Cosmetic Act (21 U.S.C. 360ff(b)(5)) is amended—
17 (1) by striking ‘‘September 30, 2020’’ each
18 place it appears and inserting ‘‘December 11,
19 2020’’; and
20 (2) in subparagraph (B), by striking ‘‘Sep-
21 tember 30, 2022’’ and inserting ‘‘December 11,
22 2022’’.
23 SEC. 2106. AUTHORIZATION TO ACCUMULATE EXCESS AN-
24
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NUAL LEAVE.
25 (a) IN GENERAL.—Notwithstanding section 219 of
26 the Public Health Service Act (42 U.S.C. 210–1), a com-
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1 missioned officer of the Public Health Service who, except
2 for this section, would lose at the end of the fiscal year
3 2020 accumulated annual leave in excess of 60 days, may
4 retain such amounts of accumulated annual leave in excess
5 of 60 days.
6 (b) USE OF EXCESS LEAVE.—Annual leave retained
7 pursuant to subsection (a) shall be lost unless it is used
8 by the officer no later than September 30, 2023.
9 (c) APPLICABILITY.—This section shall not apply to
10 an officer on terminal leave preceding separation, retire-
11 ment, or release from active duty, as of the effective date
12 specified in subsection (d).
13 (d) EFFECTIVE DATE.—This section shall become ef-
14 fective on the earlier of—
15 (1) the date of the enactment of this Act; or
16 (2) September 30, 2020.
17 SEC. 2107. HHS SERVICES AND SUPPLY FUND.
18 Effective as if included in the enactment of the para-
19 graph beginning with ‘‘Service and supply fund:’’ under
20 the heading ‘‘Public Health Service’’ in the Federal Secu-
21 rity Agency Appropriation Act, 1946 (42 U.S.C. 231),
22 such paragraph shall be applied with respect to any fiscal
23 year as though the phrase ‘‘central services’’ referred to
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24 central services for any Federal agency.
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1 TITLE II—MEDICARE
2 EXTENDERS
3 SEC. 2201. EXTENSION OF THE WORK GEOGRAPHIC INDEX
4 FLOOR UNDER THE MEDICARE PROGRAM.
5 Section 1848(e)(1)(E) of the Social Security Act (42
6 U.S.C. 1395w–4(e)(1)(E)), as amended by section 3801
7 of the CARES Act (Public Law 116–136), is amended by
8 striking ‘‘December 1, 2020’’ and inserting ‘‘December
9 12, 2020’’.
10 SEC. 2202. EXTENSION OF FUNDING FOR QUALITY MEAS-
11 URE ENDORSEMENT, INPUT, AND SELECTION.
12 Section 1890(d)(2) of the Social Security Act (42
13 U.S.C. 1395aaa(d)(2)), as amended by section 3802 of the
14 CARES Act (Public Law 116–136), is amended—
15 (1) in the first sentence, by striking ‘‘November
16 30, 2020’’ and inserting ‘‘December 11, 2020’’; and
17 (2) in the third sentence, by striking ‘‘Novem-
18 ber 30, 2020’’ and inserting ‘‘December 11, 2020’’.
19 SEC. 2203. EXTENSION OF FUNDING OUTREACH AND AS-
20 SISTANCE FOR LOW-INCOME PROGRAMS.
21 (a) STATE HEALTH INSURANCE PROGRAMS.—Sub-
22 section (a)(1)(B) of section 119 of the Medicare Improve-
23 ments for Patients and Providers Act of 2008 (42 U.S.C.
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24 1395b–3 note), as amended by section 3306 of the Patient
25 Protection and Affordable Care Act (Public Law 111–
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1 148), section 610 of the American Taxpayer Relief Act
2 of 2012 (Public Law 112–240), section 1110 of the Path-
3 way for SGR Reform Act of 2013 (Public Law 113–67),
4 section 110 of the Protecting Access to Medicare Act of
5 2014 (Public Law 113–93), section 208 of the Medicare
6 Access and CHIP Reauthorization Act of 2015 (Public
7 Law 114–10), section 50207 of division E of the Bipar-
8 tisan Budget Act of 2018 (Public Law 115–123), section
9 1402 of division B of the Continuing Appropriations Act,
10 2020, and Health Extenders Act of 2019 (Public Law
11 116– 59), section 1402 of division B of the Further Con-
12 tinuing Appropriations Act, 2020, and Further Health
13 Extenders Act of 2019 (Public Law 116–69), section 103
14 of division N of the Further Consolidated Appropriations
15 Act, 2020 (Public Law 116–94), and section 3803 of the
16 CARES Act (Public Law 116–136) is amended in clause
17 (xi) by striking ‘‘November 30, 2020’’ and inserting ‘‘De-
18 cember 11, 2020’’.
19 (b) AREA AGENCIES ON AGING.—Subsection
20 (b)(1)(B) of such section 119, as so amended, is amended
21 in clause (xi) by striking ‘‘November 30, 2020’’ and insert-
22 ing ‘‘December 11, 2020’’.
23 (c) AGING AND DISABILITY RESOURCE CENTERS.—
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24 Subsection (c)(1)(B) of such section 119, as so amended,
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1 is amended in clause (xi) by striking ‘‘November 30,
2 2020’’ and inserting ‘‘December 11, 2020’’.
3 (d) CONTRACT WITH THE NATIONAL CENTER FOR
4 BENEFITS AND OUTREACH ENROLLMENT.—Subsection
5 (d)(2) of such section 119, as so amended, is amended
6 in clause (xi) by striking ‘‘November 30, 2020’’ and insert-
7 ing ‘‘December 11, 2020’’.
8 TITLE III—MEDICAID
9 EXTENDERS
10 SEC. 2301. EXTENSION OF MONEY FOLLOWS THE PERSON
11 REBALANCING DEMONSTRATION.
12 Section 6071(h)(1)(H) of the Deficit Reduction Act
13 of 2005 (42 U.S.C. 1396a note), as inserted by section
14 3811 of the CARES Act (Public Law 116–136), is amend-
15 ed by striking ‘‘November 30, 2020’’ and inserting ‘‘De-
16 cember 11, 2020’’.
17 SEC. 2302. EXTENSION OF SPOUSAL IMPOVERISHMENT
18 PROTECTIONS.
19 (a) IN GENERAL.—Section 2404 of the Patient Pro-
20 tection and Affordable Care Act (42 U.S.C. 1396r–5
21 note), as amended by section 3812 of the CARES Act
22 (Public Law 116–136), is amended by striking ‘‘November
23 30, 2020’’ and inserting ‘‘December 11, 2020’’.
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24 (b) RULE OF CONSTRUCTION.—Nothing in section
25 2404 of Public Law 111–148 (42 U.S.C. 1396r–5 note)
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1 or section 1902(a)(17) or 1924 of the Social Security Act
2 (42 U.S.C. 1396a(a)(17), 1396r–5) shall be construed as
3 prohibiting a State from—
4 (1) applying an income or resource disregard
5 under a methodology authorized under section
6 1902(r)(2) of such Act (42 U.S.C. 1396a(r)(2))—
7 (A) to the income or resources of an indi-
8 vidual described in section
9 1902(a)(10)(A)(ii)(VI) of such Act (42 U.S.C.
10 1396a(a)(10)(A)(ii)(VI)) (including a disregard
11 of the income or resources of such individual’s
12 spouse); or
13 (B) on the basis of an individual’s need for
14 home and community-based services authorized
15 under subsection (c), (d), (i), or (k) of section
16 1915 of such Act (42 U.S.C. 1396n) or under
17 section 1115 of such Act (42 U.S.C. 1315); or
18 (2) disregarding an individual’s spousal income
19 and assets under a plan amendment to provide med-
20 ical assistance for home and community-based serv-
21 ices for individuals by reason of being determined el-
22 igible under section 1902(a)(10)(C) of such Act (42
23 U.S.C. 1396a(a)(10)(C)) or by reason of section
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24 1902(f) of such Act (42 U.S.C. 1396a(f)) or other-
25 wise on the basis of a reduction of income based on
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1 costs incurred for medical or other remedial care
2 under which the State disregarded the income and
3 assets of the individual’s spouse in determining the
4 initial and ongoing financial eligibility of an indi-
5 vidual for such services in place of the spousal im-
6 poverishment provisions applied under section 1924
7 of such Act (42 U.S.C. 1396r–5).
8 SEC. 2303. DELAY OF DSH REDUCTIONS.
9 Section 1923(f)(7)(A) of the Social Security Act (42
10 U.S.C. 1396r–4(f)(7)(A)), as amended by section 3813 of
11 the CARES Act (Public Law 116–136), is amended—
12 (1) in clause (i), in the matter preceding sub-
13 clause (I), by striking ‘‘December 1, 2020’’ and in-
14 serting ‘‘December 12, 2020’’; and
15 (2) in clause (ii)(I), by striking ‘‘December 1,
16 2020’’ and inserting ‘‘December 12, 2020’’.
17 SEC. 2304. EXTENSION OF COMMUNITY MENTAL HEALTH
18 SERVICES DEMONSTRATION PROGRAM.
19 Section 223(d)(3) of the Protecting Access to Medi-
20 care Act of 2014 (42 U.S.C. 1396a note), as amended by
21 section 3814 of the CARES Act (Public Law 116–136),
22 is amended by striking ‘‘November 30, 2020’’ and insert-
23 ing ‘‘December 11, 2020’’.
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1 TITLE IV—MEDICARE PART B
2 PREMIUM ADJUSTMENT
3 SEC. 2401. 2021 MEDICARE PART B PREMIUM AND DEDUCT-
4 IBLE.
5 (a) 2021 PREMIUM AND DEDUCTIBLE AND REPAY-
6 MENT THROUGH FUTURE PREMIUMS.—Section 1839(a)
7 of the Social Security Act (42 U.S.C. 1395r(a)) is amend-
8 ed—
9 (1) in the second sentence of paragraph (1), by
10 striking ‘‘(5) and (6)’’ and inserting ‘‘(5), (6), and
11 (7)’’;
12 (2) in paragraph (6)(C)—
13 (A) in clause (i), by striking ‘‘section
14 1844(d)(1)’’ and inserting ‘‘subsections (d)(1)
15 and (e)(1) of section 1844’’; and
16 (B) in clause (ii), by striking ‘‘paragraph
17 (5)’’ and inserting ‘‘paragraphs (5) and (7)’’;
18 and
19 (3) by adding at the end the following:
20 ‘‘(7)(A) In applying this part (including subsection
21 (i) and section 1833(b)), the monthly actuarial rate for
22 enrollees age 65 and over for 2021 shall be determined
23 to be equal to the sum of—
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24 ‘‘(i) the monthly actuarial rate for enrollees age
25 65 and over for 2020; plus
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1 ‘‘(ii) 25 percent of the difference between such
2 rate for 2020 and the preliminary monthly actuarial
3 rate for enrollees age 65 and over for 2021 (as esti-
4 mated under subparagraph (B)).
5 ‘‘(B) For purposes of subparagraph (A)(ii), the Sec-
6 retary shall estimate a preliminary monthly actuarial rate
7 for enrollees age 65 and over for 2021 using the method-
8 ology described in paragraph (1) and as if subparagraph
9 (A) of this paragraph did not apply. The Secretary shall
10 make the estimate under the previous sentence as if the
11 transfers described in section 1844(f)(1) have been
12 made.’’.
13 (b) TRANSITIONAL GOVERNMENT CONTRIBUTION.—
14 Section 1844 of the Social Security Act (42 U.S.C.
15 1395w) is amended—
16 (1) in subsection (a), by adding at the end the
17 following new sentence: ‘‘In applying paragraph (1),
18 the amounts transferred under subsection (e)(1)
19 with respect to enrollees described in subparagraphs
20 (A) and (B) of such subsection shall be treated as
21 premiums payable and deposited in the Trust Fund
22 under subparagraphs (A) and (B), respectively, of
23 paragraph (1).’’; and
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24 (2) by adding at the end the following:
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1 ‘‘(e)(1) For 2021, there shall be transferred from the
2 General Fund to the Trust Fund an amount, as estimated
3 by the Chief Actuary of the Centers for Medicare & Med-
4 icaid Services, equal to the reduction in aggregate pre-
5 miums payable under this part for a month in such year
6 (excluding any changes in amounts collected under section
7 1839(i)) that are attributable to the application of section
8 1839(a)(7) with respect to—
9 ‘‘(A) enrollees age 65 and over; and
10 ‘‘(B) enrollees under age 65.
11 Such amounts shall be transferred from time to time as
12 appropriate.
13 ‘‘(2) Premium increases affected under section
14 1839(a)(6) shall not be taken into account in applying
15 subsection (a).
16 ‘‘(3) There shall be transferred from the Trust Fund
17 to the General Fund of the Treasury amounts equivalent
18 to the additional premiums payable as a result of the ap-
19 plication of section 1839(a)(6), excluding the aggregate
20 payments attributable to the application of section
21 1839(i)(3)(A)(ii)(II).’’.
22 (c) ADDITIONAL TRANSITIONAL GOVERNMENT CON-
23 TRIBUTION.—Section 1844 of the Social Security Act (42
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24 U.S.C. 1395w), as amended by subsection (b)(2), is
25 amended by adding at the end the following:
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1 ‘‘(f)(1) There shall be transferred from the General
2 Fund of the Treasury to the Trust Fund an amount, as
3 estimated by the Chief Actuary of the Centers for Medi-
4 care & Medicaid Services, equal to amounts paid in ad-
5 vance for items and services under this part during the
6 period beginning on the first day of the emergency period
7 described in section 1135(g)(1)(B) and ending on the date
8 of the enactment of this paragraph.
9 ‘‘(2) There shall be transferred from the Trust Fund
10 to the General Fund of the Treasury amounts equivalent
11 to the sum of—
12 ‘‘(A) the amounts by which claims have offset
13 (in whole or in part) the amount of such payments
14 described in paragraph (1); and
15 ‘‘(B) the amount of such payments that have
16 been repaid (in whole or in part).
17 ‘‘(3) Amounts described in paragraphs (1) and (2)
18 shall be transferred from time to time as appropriate.’’.
19 (d) INDENTATION CORRECTION.—Section
20 1839(i)(3)(A)(ii) of the Social Security Act (42 U.S.C.
21 1395r(i)(3)(A)(ii)) is amended by moving the indentation
22 of subclause (I) two ems to the right.
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1 TITLE V—ACCELERATED AND
2 ADVANCE PAYMENT PROGRAMS
3 SEC. 2501. MODIFYING ACCELERATED AND ADVANCE PAY-
4 MENT PROGRAMS UNDER PARTS A AND B OF
5 THE MEDICARE PROGRAM DURING THE
6 COVID–19 EMERGENCY.
7 (a) SPECIAL REPAYMENT RULES AND OTHER MODI-
8 FICATIONS.—
9 (1) PART A.—
10 (A) IN GENERAL.—Section 1815(f)(2)(C)
11 of the Social Security Act (42 U.S.C.
12 1395g(f)(2)(C)) is amended to read as follows:
13 ‘‘(C) In the case of a payment made under the
14 terms of the program under subsection (e)(3), in-
15 cluding such program as expanded pursuant to this
16 subsection, on or after the date of the enactment of
17 the CARES Act and so made during the emergency
18 period described in section 1135(g)(1)(B), upon re-
19 quest of a hospital, the Secretary shall—
20 ‘‘(i) provide 1 year before payments for
21 items and services furnished by the hospital are
22 offset to recoup payments under such program;
23 ‘‘(ii) provide that any such offset be an
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24 amount equal to—
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1 ‘‘(I) during the first 11 months in
2 which any such offsets are made with re-
3 spect to payment for items and services
4 furnished by the hospital, 25 percent of the
5 amount of such payment for such items
6 and services; and
7 ‘‘(II) during the succeeding 6 months,
8 50 percent of the amount of such payment
9 for such items and services; and
10 ‘‘(iii) allow 29 months from the date of the
11 first payment under such program to such pro-
12 vider before requiring that the outstanding bal-
13 ance be paid in full.’’.
14 (B) AUTHORITY FOR DISCRETION.—Sec-
15 tion 1815(f)(2)(A)(ii) of the Social Security Act
16 (42 U.S.C. 1395g(f)(2)(A)(ii)) is amended by
17 inserting ‘‘(or, with respect to requests sub-
18 mitted to the Secretary after April 26, 2020,
19 may)’’after ‘‘shall.’’.
20 (C) APPLICATION TO OTHER PART A PRO-
21 VIDERS.—
22 (i) IN GENERAL.—In the case of a
23 payment made under the terms of an ap-
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24 plicable program (as defined in clause (ii)),
25 on or after the date of the enactment of
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1 the CARES Act (Public Law 116–136)
2 and so made during the emergency period
3 described in section 1135(g)(1)(B) of the
4 Social Security Act (42 U.S.C. 1320b–
5 5(g)(1)(B)), upon request of an applicable
6 provider (as defined in clause (iii)), the
7 provisions of section 1815(f)(2)(C) of such
8 Act (42 U.S.C. 1395g(f)(2)(C)), as amend-
9 ed by subparagraph (A), shall apply with
10 respect to such payment in the same man-
11 ner as such provisions apply with respect
12 to a payment made under the terms of the
13 program under subsection (e)(3) of section
14 1815 of such Act (42 U.S.C. 1395g), in-
15 cluding such program as expanded pursu-
16 ant to subsection (f) of such section, on or
17 after the date of the enactment of the
18 CARES Act (Public Law 116–136) and so
19 made during such emergency period.
20 (ii) APPLICABLE PROGRAM DE-
21 FINED.—In this clause, the term ‘‘applica-
22 ble program’’ means—
23 (I) the programs under sections
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24 413.64(g), 412.541(f), 412.632(e),
25 412.116(f), 413.350(d), or 418.307 of
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1 title 42, Code of Federal Regulations
2 (or any successor regulations); and
3 (II) any other comparable pro-
4 gram under part A of title XVIII of
5 the Social Security Act, as determined
6 by the Secretary.
7 (iii) APPLICABLE PROVIDER.—In this
8 clause, the term ‘‘applicable provider’’
9 means a provider of services that is eligible
10 for payment under an applicable program.
11 (2) PART B.—
12 (A) IN GENERAL.—In the case of a pay-
13 ment made under the terms of the program de-
14 scribed in section 421.214 of title 42, Code of
15 Federal Regulations (or any successor regula-
16 tion) on or after the date of the enactment of
17 the CARES Act (Public Law 116–136) and so
18 made during the emergency period described in
19 section 1135(g)(1)(B) of the Social Security
20 Act (42 U.S.C. 1320b–5(g)(1)(B)), the Sec-
21 retary of Health and Human Services shall,
22 upon request of the provider of services or sup-
23 plier receiving such payment—
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24 (i) provide 1 year before payments for
25 items and services furnished by such pro-
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1 vider or supplier are offset to recoup pay-
2 ments under such program;
3 (ii) provide that any such offset be an
4 amount equal to—
5 (I) during the first 11 months in
6 which any such offsets are made with
7 respect to payment for items and
8 services furnished by such provider or
9 supplier, 25 percent of the amount of
10 such payment for such items and
11 services; and
12 (II) during the succeeding 6
13 months, 50 percent of the amount of
14 such payment for such items and
15 services; and
16 (iii) allow 29 months from the date of
17 the first payment under such program to
18 such provider or supplier before requiring
19 that the outstanding balance be paid in
20 full.
21 (B) LIMITATION ON FURTHER PART B AD-
22 VANCE PAYMENTS.—With respect to the period
23 of the emergency period described in section
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24 1135(g)(1)(B) of the Social Security Act (42
25 U.S.C. 1320b-5(g)(1)(B)) beginning on the
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1 date of the enactment of this Act, the total
2 amount of payments made under the terms of
3 the program described in section 421.214 of
4 title 42, Code of Federal Regulations (or any
5 successor regulation)—
6 (i) for the portion of 2020 occurring
7 during such period of the emergency period
8 and for each year, shall not exceed
9 $10,000,000;
10 (ii) for each year beginning and end-
11 ing during such period of the emergency
12 period, shall not exceed $10,000,000; and
13 (iii) for the last year beginning during
14 such period of the emergency period, the
15 portion of such last year occurring during
16 such period of the emergency period, shall
17 not exceed $10,000,000.
18 (b) INTEREST RATES.—
19 (1) PART A.—
20 (A) IN GENERAL.—Section 1815(d) of the
21 Social Security Act (42 U.S.C. 1395g(d)) is
22 amended by inserting before the period at the
23 end the following: ‘‘(or, in the case of such a
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24 determination made with respect to a payment
25 made on or after the date of the enactment of
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1 the CARES Act and during the emergency pe-
2 riod described in section 1135(g)(1)(B) under
3 the program under subsection (e)(3), including
4 such program as expanded pursuant to sub-
5 section (f), at a rate of 4 percent)’’.
6 (B) APPLICATION TO OTHER PART A PRO-
7 VIDERS.—In the case of a determination under
8 section 1815(d) of the Social Security Act (42
9 U.S.C. 1395g(d)) with respect to a payment
10 made on or after the date of the enactment of
11 the CARES Act (Public Law 116–136) and
12 during the emergency period described in sec-
13 tion 1135(g)(1)(B) of the Social Security Act
14 (42 U.S.C. 1320b–5(g)(1)(B)) under an appli-
15 cable program (as defined in subsection
16 (a)(1)(C)(ii)), the amendment made by sub-
17 paragraph (A) shall apply with respect to such
18 determination in the same manner as such
19 amendment applies with respect to a payment
20 made on or after the date of the enactment of
21 the CARES Act (Public Law 116–136) and
22 during such emergency period under the pro-
23 gram under subsection (e)(3) of section 1815 of
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24 such Act (42 U.S.C. 1395g), including such
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1 program as expanded pursuant to subsection (f)
2 of such section.
3 (2) PART B.—Section 1833(j) of the Social Se-
4 curity Act (42 U.S.C. 1395l(j)) is amended by in-
5 serting before the period at the end the following:
6 ‘‘(or, in the case of such a determination made with
7 respect to a payment made on or after the date of
8 the enactment of the CARES Act and during the
9 emergency period described in section 1135(g)(1)(B)
10 under the program described in section 421.214 of
11 title 42, Code of Federal Regulations (or any suc-
12 cessor regulation), at a rate of 4 percent)’’.
13 (c) PUBLICATION OF DATA.—
14 (1) DATA DURING COVID–19 EMERGENCY.—
15 (A) INITIAL PUBLICATION.—Not later than
16 2 weeks after the date of the enactment of this
17 section, the Secretary shall post on the public
18 website of the Centers for Medicare & Medicaid
19 Services data that includes the following infor-
20 mation with respect to specified payments (as
21 defined in paragraph (3)(E)) made as of such
22 date and for which data is available:
23 (i) The total amount of such pay-
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24 ments made under each applicable pay-
25 ment program (as defined in paragraph
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1 (3)(A)), including a specification of the
2 percentage of such payments so made from
3 the Federal Hospital Insurance Trust
4 Fund established under section 1817 of
5 the Social Security Act (42 U.S.C. 1395i)
6 and the percentage of such payments so
7 made from the Federal Supplementary In-
8 surance Trust Fund established under sec-
9 tion 1841 of such Act (42 U.S.C. 1395t)
10 under each such program.
11 (ii) The amount of specified payments
12 made under each such program by type of
13 provider of services or supplier receiving
14 such payments.
15 (iii) The Centers for Medicare & Med-
16 icaid Services certification number or other
17 appropriate number of, and the amount of
18 such payments received by, each provider
19 of services and supplier receiving such pay-
20 ments.
21 (B) INTERIM PUBLICATION.—Every 2
22 weeks thereafter during the emergency period,
23 if any specified payments are made that were
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24 not included in a preceding publication of data
25 under this paragraph, the Secretary shall post
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1 on the website described in subparagraph (A)
2 data containing the information described in
3 clauses (i), (ii), and (iii) of such subparagraph
4 with respect to such specified payments.
5 (2) ADDITIONAL PUBLICATIONS.—Not later
6 than 15 months after the date of the enactment of
7 the CARES Act (Public Law 116–136), and every 6
8 months thereafter until all specified payments have
9 been recouped or repaid, the Secretary shall post on
10 the website described in paragraph (1)(A) data that
11 includes the following:
12 (A) The total amount of all specified pay-
13 ments not recouped or repaid under each appli-
14 cable payment program.
15 (B) The amount of payments made under
16 each such program and not recouped or repaid
17 by type of provider of services or supplier.
18 (C) The total amount of specified pay-
19 ments that have been recouped or repaid under
20 each such program, including a specification of
21 the percentage of such payments so recouped or
22 repaid that have been deposited into the Fed-
23 eral Hospital Insurance Trust Fund and the
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24 percentage of such payments so recouped or re-
25 paid that have been deposited into the Federal
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1 Supplementary Insurance Trust Fund under
2 each such program.
3 (D) The dollar amount of interest that has
4 been collected with respect to all specified pay-
5 ments under each such program.
6 (3) DEFINITIONS.—In this subsection:
7 (A) APPLICABLE PAYMENT PROGRAM.—
8 The term ‘‘applicable payment program’’
9 means—
10 (i) the program under subsection
11 (e)(3) of section 1815 of the Social Secu-
12 rity Act (42 U.S.C. 1395g), including such
13 program as expanded under subsection (f)
14 of such section;
15 (ii) an applicable program (as defined
16 in subsection (a)(1)(C)(ii) of this section);
17 and
18 (iii) the program described in section
19 421.214 of title 42, Code of Federal Regu-
20 lations (or any successor regulation).
21 (B) EMERGENCY PERIOD.—The term
22 ‘‘emergency period’’ means the emergency pe-
23 riod described in section 1135(g)(1)(B) of the
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24 Social Security Act (42 U.S.C. 1320b–
25 5(g)(1)(B)).
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1 (C) PROVIDER OF SERVICES AND SUP-
2 PLIER.—The terms ‘‘provider of services’’ and
3 ‘‘supplier’’ have the meaning given such terms
4 in subsections (u) and (d), respectively, of sec-
5 tion 1861 of such Act (42 U.S.C. 1395x).
6 (D) SECRETARY.—The term ‘‘Secretary’’
7 means the Secretary of Health and Human
8 Services.
9 (E) SPECIFIED PAYMENTS.—The term
10 ‘‘specified payments’’ means payments made
11 under an applicable payment program on or
12 after the date of the enactment of the CARES
13 Act (Public Law 116–136) during the emer-
14 gency period.
15 TITLE VI—OFFSETS
16 SEC. 2601. INCLUSION IN THE MEDICAID DRUG REBATE
17 PROGRAM OF COVERED OUTPATIENT DRUGS
18 USED FOR MEDICATION-ASSISTED TREAT-
19 MENT.
20 (a) IN GENERAL.—Section 1905 of the Social Secu-
21 rity Act (42 U.S.C. 1396d) is amended—
22 (1) in paragraph (29) of subsection (a)—
23 (A) by moving the margin of such para-
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24 graph 2 ems to the right; and
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1 (B) by striking ‘‘subject to paragraph (2)’’
2 and inserting ‘‘subject to paragraphs (2) and
3 (3)’’; and
4 (2) in subsection (ee), by adding at the end the
5 following:
6 ‘‘(3) APPLICATION OF REBATE REQUIRE-
7 MENTS.—The requirements of section 1927 shall
8 apply to any drug or biological product described in
9 paragraph (1)(A) that is—
10 ‘‘(A) furnished as medical assistance in ac-
11 cordance with subsection (a)(29) and section
12 1902(a)(10)(A); and
13 ‘‘(B) a covered outpatient drug (as defined
14 in section 1927(k), except that, in applying
15 paragraph (2)(A) of such section to a drug de-
16 scribed in paragraph (1)(A), such drug shall be
17 deemed a prescribed drug for purposes of sub-
18 section (a)(12)).’’.
19 (b) CONFORMING AMENDMENT.—Section 1927(d)(7)
20 of the Social Security Act (42 U.S.C. 1396r–8(d)(7)) is
21 amended by adding at the end the following new subpara-
22 graph:
23 ‘‘(D) Drugs and biological products de-
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24 scribed in subsection (ee)(1)(A) of section 1905
25 that are furnished as medical assistance in ac-
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1 cordance with subsection (a)(29) of such section
2 and section 1902(a)(10)(A).’’.
3 (c) RETROACTIVE EFFECTIVE DATE.—The amend-
4 ments made by this section shall take effect as if included
5 in the enactment of section 1006(b) of the SUPPORT for
6 Patients and Communities Act (Public Law 115–271; 132
7 Stat. 3914).
8 SEC. 2602. MEDICAID IMPROVEMENT FUND.
9 Section 1941(b) of the Social Security Act (42 U.S.C.
10 1396w–1(b)) is amended—
11 (1) in paragraph (1), by striking ‘‘2021’’ and
12 inserting ‘‘2023’’; and
13 (2) in paragraph (3)(A), by striking
14 ‘‘$1,960,000,000’’ and inserting ‘‘$3,446,000,000’’.
15 DIVISION D—OTHER MATTERS
16 TITLE I—EMERGENCY STOPGAP
17 USCIS STABILIZATION ACT
18 SEC. 4101. SHORT TITLE.
19 This title may be cited as the ‘‘Emergency Stopgap
20 USCIS Stabilization Act’’.
21 SECTION 4102. EXPANSION OF PREMIUM PROCESSING.
22 (a) IN GENERAL.—Section 286(u) of the Immigra-
23 tion and Nationality Act (8 U.S.C. 1356(u)) is amended
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24 to read as follows:
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1 ‘‘(u) PREMIUM FEE FOR CERTAIN IMMIGRATION
2 BENEFIT TYPES.—
3 ‘‘(1) IN GENERAL.—The Secretary of Homeland
4 Security is authorized to establish and collect a pre-
5 mium fee for the immigration benefit types described
6 in paragraph (2). Such fee shall be paid in addition
7 to any other fees authorized by law, deposited as off-
8 setting receipts in the Immigration Examinations
9 Fee Account established under subsection (m), and
10 used for the purposes described in paragraph (4).
11 ‘‘(2) IMMIGRATION BENEFIT TYPES.—Subject
12 to reasonable conditions or limitations, the Secretary
13 shall establish a premium fee under paragraph (1)
14 in connection with—
15 ‘‘(A) employment-based nonimmigrant pe-
16 titions and associated applications for depend-
17 ents of the beneficiaries of such petitions;
18 ‘‘(B) employment-based immigrant peti-
19 tions filed by or on behalf of aliens described in
20 paragraph (1), (2), or (3) of section 203(b);
21 ‘‘(C) applications to change or extend non-
22 immigrant status;
23 ‘‘(D) applications for employment author-
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24 ization; and
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1 ‘‘(E) any other immigration benefit type
2 that the Secretary deems appropriate for pre-
3 mium processing.
4 ‘‘(3) AMOUNT OF FEE.—
5 ‘‘(A) IN GENERAL.—Subject to subpara-
6 graph (C), with respect to an immigration ben-
7 efit type designated for premium processing by
8 the Secretary on or before August 1, 2020, the
9 premium fee shall be $2,500, except that the
10 premium fee for a petition for classification of
11 a nonimmigrant described in subparagraph
12 (H)(ii)(b) or (R) of section 101(a)(15) shall be
13 $1,500.
14 ‘‘(B) OTHER IMMIGRATION BENEFIT
15 TYPES.—With respect to an immigration benefit
16 type designated for premium processing but not
17 described in subparagraph (A), the initial pre-
18 mium fee shall be established by regulation,
19 which shall include a detailed methodology sup-
20 porting the proposed premium fee amount.
21 ‘‘(C) BIENNIAL ADJUSTMENT.—The Sec-
22 retary may adjust a premium fee under sub-
23 paragraph (A) or (B) on a biennial basis by the
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24 percentage (if any) by which the Consumer
25 Price Index for All Urban Consumers for the
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1 month of June preceding the date on which
2 such adjustment takes effect exceeds the Con-
3 sumer Price Index for All Urban Consumers for
4 the same month of the second preceding cal-
5 endar year. The provisions of section 553 of
6 title 5, United States Code, shall not apply to
7 an adjustment authorized under this subpara-
8 graph.
9 ‘‘(4) USE OF FEE.—Fees collected under this
10 subsection may only be used by U.S. Citizenship and
11 Immigration Services to—
12 ‘‘(A) provide the services described in
13 paragraph (5) to premium processing reques-
14 tors;
15 ‘‘(B) make infrastructure improvements in
16 adjudications processes and the provision of in-
17 formation and services to immigration and nat-
18 uralization benefit requestors;
19 ‘‘(C) respond to adjudication demands, in-
20 cluding by reducing the number of pending im-
21 migration and naturalization benefit requests;
22 and
23 ‘‘(D) otherwise offset the cost of providing
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24 adjudication and naturalization services.
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1 ‘‘(5) PREMIUM PROCESSING SERVICES.—The
2 Secretary—
3 ‘‘(A) may suspend the availability of pre-
4 mium processing for designated immigration
5 benefit requests only if circumstances prevent
6 the completion of processing of a significant
7 number of such requests within the required pe-
8 riod; and
9 ‘‘(B) shall ensure that premium processing
10 requestors have direct and reliable access to
11 current case status information as well as the
12 ability to communicate with the premium proc-
13 essing units at each service center or office that
14 provides premium processing services.’’.
15 (b) EXPANSION TO NEW BENEFIT REQUESTS.—
16 (1) IN GENERAL.—Notwithstanding the re-
17 quirement to set a fee by regulation under section
18 286(u)(3)(B) of the Immigration and Nationality
19 Act (8 U.S.C. 1356(u)(3)(B)), as amended by sub-
20 section (a), the Secretary of Homeland Security may
21 set a fee under that section without regard to the
22 provisions of section 553 of title 5, United States
23 Code, if such fee is consistent with the following:
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24 (A) For a petition for classification under
25 section 203(b)(1)(C) of the Immigration and
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1 Nationality Act (8 U.S.C. 1153(b)(1)(C)), or a
2 petition for classification under section
3 203(b)(2) involving a waiver under section
4 203(b)(2)(B) of such Act, the fee is set at an
5 amount not greater than $2,500 and the re-
6 quired processing timeframe is not greater than
7 45 days.
8 (B) For an application under section 248
9 of the Immigration and Nationality Act (8
10 U.S.C. 1258) to change status to a classifica-
11 tion described in subparagraph (F), (J), or (M)
12 of section 101(a)(15) of such Act (8 U.S.C.
13 1101(a)(15)), the fee is set at an amount not
14 greater than $1,750 and the required proc-
15 essing timeframe is not greater than 30 days.
16 (C) For an application under section 248
17 of the Immigration and Nationality Act (8
18 U.S.C. 1258) to change status to be classified
19 as a dependent of a nonimmigrant described in
20 subparagraph (E), (H), (L), (O), (P), or (R) of
21 section 101(a)(15) of such Act (8 U.S.C.
22 1101(a)(15)), or to extend such classification,
23 the fee is set at an amount not greater than
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24 $1,750 and the required processing timeframe
25 is not greater than 30 days.
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1 (D) For an application for employment au-
2 thorization, the fee is set at an amount not
3 greater than $1,500 and the required proc-
4 essing timeframe is not greater than 30 days.
5 (2) CLARIFICATION.—The required processing
6 timeframe for each of the applications and petitions
7 described in paragraph (1) shall not commence until
8 the date that all prerequisites for adjudication are
9 received by the Secretary of Homeland Security.
10 (c) OTHER BENEFIT REQUESTS.—In implementing
11 the amendments made by subsection (a), the Secretary of
12 Homeland Security shall develop and implement processes
13 to ensure that the availability of premium processing, or
14 its expansion to additional immigration benefit requests,
15 does not result in an increase in processing times for im-
16 migration benefit requests not designated for premium
17 processing or an increase in regular processing of immi-
18 gration benefit requests so designated.
19 SEC. 4103. REPORTING REQUIREMENTS.
20 (a) IN GENERAL.—Not later than 180 days after the
21 date of the enactment of this Act, the Secretary of Home-
22 land Security shall provide to the appropriate Committees
23 a 5-year plan, including projected cost estimates, procure-
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24 ment strategies, and a project schedule with milestones,
25 to accomplish each of the following:
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1 (1) Establish electronic filing procedures for all
2 applications and petitions for immigration benefits.
3 (2) Accept electronic payment of fees at all fil-
4 ing locations.
5 (3) Issue correspondence, including decisions,
6 requests for evidence, and notices of intent to deny,
7 to immigration benefit requestors electronically.
8 (4) Improve processing times for all immigra-
9 tion and naturalization benefit requests.
10 (b) SEMI-ANNUAL BRIEFINGS.—Not later than 180
11 days after submission of the plan described in subsection
12 (a), and on a semi-annual basis thereafter, the Secretary
13 shall advise the appropriate Committees on the implemen-
14 tation status of such plan.
15 (c) APPROPRIATE COMMITTEES DEFINED.—In this
16 section, the term ‘‘appropriate Committees’’ means—
17 (1) the Committee on Appropriations, the Com-
18 mittee on the Judiciary, and the Committee on
19 Homeland Security of the House of Representatives;
20 and
21 (2) the Committee on Appropriations, the Com-
22 mittee on the Judiciary, and the Committee on
23 Homeland Security and Governmental Affairs of the
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24 Senate.
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1 TITLE II—UNITED STATES PA-
2 ROLE COMMISSION EXTEN-
3 SION
4 SEC. 4201. SHORT TITLE.
5 This title may be cited as the ‘‘United States Parole
6 Commission Extension Act of 2020’’.
7 SEC. 4202. AMENDMENT OF SENTENCING REFORM ACT OF
8 1984.
9 For purposes of section 235(b) of the Sentencing Re-
10 form Act of 1984 (18 U.S.C. 3551 note; Public Law 98–
11 473; 98 Stat. 2032), as such section relates to chapter
12 311 of title 18, United States Code, and the United States
13 Parole Commission, each reference in such section to ‘‘33
14 years’’ or ‘‘33-year period’’ shall be deemed a reference
15 to ‘‘35 years’’ or ‘‘35-year period’’, respectively.
16 SEC. 4203. PAROLE COMMISSION REPORT.
17 Section 3 of the United States Parole Commission
18 Extension Act of 2018 (Public Law 115–274) is amend-
19 ed—
20 (1) in subsection (b), by striking ‘‘2021’’ and
21 inserting ‘‘2022’’; and
22 (2) by adding at the end the following:
23 ‘‘(d) DISTRICT OF COLUMBIA REPORT FOR SUC-
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24 CEEDING FISCAL YEARS.—For each of fiscal years 2021
25 through 2022, not later than 90 days after the end of the
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1 fiscal year, the United States Parole Commission shall re-
2 port to the Committees on the Judiciary of the Senate
3 and House of Representatives the items in paragraphs (1)
4 through (3) of subsection (c), for the fiscal year.’’.
5 TITLE III—ANTITRUST CRIMINAL
6 PENALTY ENHANCEMENT
7 AND REFORM PERMANENT
8 EXTENSION ACT
9 SEC. 4301. SHORT TITLE.
10 This title may be cited as the ‘‘Antitrust Criminal
11 Penalty Enhancement and Reform Permanent Extension
12 Act’’.
13 SEC. 4302. FINDINGS; PURPOSE.
14 (a) FINDINGS.—Congress finds the following:
15 (1) Conspiracies among competitors to fix
16 prices, rig bids, and allocate markets are categori-
17 cally and irredeemably anticompetitive and con-
18 travene the competition policy of the United States.
19 (2) Cooperation incentives are important to the
20 efforts of the Antitrust Division of the Department
21 of Justice to prosecute and deter the offenses de-
22 scribed in paragraph (1).
23 (b) PURPOSE.—The purpose of this Act, and the
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24 amendments made by this Act, is to strengthen public and
25 private antitrust enforcement by providing incentives for
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1 antitrust violators to cooperate fully with government
2 prosecutors and private litigants through the repeal of the
3 sunset provision of the Antitrust Criminal Penalty En-
4 hancement and Reform Act of 2004 (15 U.S.C. 1 note).
5 SEC. 4303. REPEAL OF SUNSET PROVISION.
6 (a) REPEAL.—Section 211 of the Antitrust Criminal
7 Penalty Enhancement and Reform Act of 2004 (15 U.S.C.
8 1 note) is repealed.
9 (b) TECHNICAL AND CONFORMING AMENDMENTS.—
10 (1) REVIVAL AND RESTORATION.—
11 (A) IN GENERAL.—Sections 212, 213, and
12 214 of the Antitrust Criminal Penalty Enhance-
13 ment and Reform Act of 2004 (15 U.S.C. 1
14 note) as in effect on June 21, 2020, and as
15 amended by the laws described in subparagraph
16 (B), are revived and restored.
17 (B) LAWS.—The laws described in this
18 subparagraph are:
19 (i) Antitrust Criminal Penalty En-
20 hancement and Reform Act of 2004 Exten-
21 sion Act (Public Law 111–30; 123 Stat.
22 1775).
23 (ii) The Act entitled ‘‘An Act to
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24 amend the Antitrust Criminal Penalty En-
25 hancement and Reform Act of 2004 to ex-
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1 tend the operation of such Act, and for
2 other purposes’’, approved June 9, 2010
3 (Public Law 111–90; 124 Stat. 1275).
4 (2) DEFINITIONS.—Section 212 of the Anti-
5 trust Criminal Penalty Enhancement and Reform
6 Act of 2004 (15 U.S.C. 1 note) is amended—
7 (A) by striking paragraph (6); and
8 (B) by redesignating paragraph (7) as
9 paragraph (6).
10 (c) APPLICABILITY.—
11 (1) MARKERS AND AGREEMENTS BEFORE SUN-
12 SET.—Notwithstanding the repeal under subsection
13 (a), section 211(b) of the Antitrust Criminal Penalty
14 Enhancement and Reform Act of 2004 (15 U.S.C.
15 1 note), as in effect on the day before the date of
16 enactment of this Act, shall continue to apply to any
17 person who received a marker or entered into an
18 antitrust leniency agreement on or before June 22,
19 2020.
20 (2) MARKERS AND AGREEMENTS AFTER SUN-
21 SET.—The repeal under subsection (a) shall apply to
22 any person who received a marker or entered into an
23 antitrust leniency agreement on or after June 23,
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24 2020.
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1 TITLE IV—COMMUNITY
2 SERVICES AND SUPPORTS
3 SEC. 4401. HEAD START DESIGNATION RENEWAL SYSTEM.
4 Notwithstanding section 638 of the Head Start Act
5 (42 U.S.C. 9833), if the Secretary of Health and Human
6 Services—
7 (1) is required to make a determination under
8 paragraph (6) of section 641(c) of such Act (42
9 U.S.C. 9836a(c)) whether to renew the designation
10 of a Head Start agency for which such determina-
11 tion under the schedule developed pursuant to para-
12 graph (9)(C) of such section 641(c) is required to be
13 made before December 31, 2020; and
14 (2) cannot make such determination in accord-
15 ance with such schedule because the Secretary lacks
16 any information described in any of subparagraphs
17 (A) through (E) of section 641(c)(1) of such Act re-
18 quired for the purpose of making such determina-
19 tion;
20 then before December 31, 2020, the Secretary shall extend
21 for not more than 2 years the 5-year period otherwise ap-
22 plicable to the designation of such Head Start agency
23 under such Act.
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1 TITLE V—BUDGETARY EFFECTS
2 SEC. 4501. BUDGETARY EFFECTS.
3 (a) STATUTORY PAYGO SCORECARDS.—The budg-
4 etary effects of division B and each succeeding division
5 shall not be entered on either PAYGO scorecard main-
6 tained pursuant to section 4(d) of the Statutory Pay-As-
7 You-Go Act of 2010.
8 (b) SENATE PAYGO SCORECARDS.—The budgetary
9 effects of division B and each succeeding division shall not
10 be entered on any PAYGO scorecard maintained for pur-
11 poses of section 4106 of H. Con. Res. 71 (115th Con-
12 gress).
13 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—
14 Notwithstanding Rule 3 of the Budget Scorekeeping
15 Guidelines set forth in the joint explanatory statement of
16 the committee of conference accompanying Conference Re-
17 port 105–217 and section 250(c)(8) of the Balanced
18 Budget and Emergency Deficit Control Act of 1985, the
19 budgetary effects of division B and each succeeding divi-
20 sion shall not be estimated—
21 (1) for purposes of section 251 of such Act; and
22 (2) for purposes of paragraph (4)(C) of section
23 3 of the Statutory Pay-As-You-Go Act of 2010 as
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24 being included in an appropriation Act.
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1 TITLE VI—NUTRITION AND
2 COMMODITIES PROGRAMS
3 SEC. 4601. P–EBT PROGRAM EXTENSION.
4 Section 1101 of the Families First Coronavirus Re-
5 sponse Act (Public Law 116–127; 7 U.S.C. 2011 note)
6 is amended—
7 (1) in subsection (a)—
8 (A) by striking ‘‘fiscal year 2020’’ and in-
9 serting ‘‘fiscal years 2020 and 2021’’; and
10 (B) by inserting ‘‘or has reduced the num-
11 ber of days or hours that students attend the
12 school’’ after ‘‘school is closed’’;
13 (2) in subsection (b), in the first sentence, by
14 inserting ‘‘and, as applicable, households with chil-
15 dren eligible for assistance under subsection (h)’’
16 after ‘‘children’’;
17 (3) in subsection (c), by inserting ‘‘or has re-
18 duced the number of days or hours that students at-
19 tend the school’’ after ‘‘school that is closed’’;
20 (4) in subsection (f)—
21 (A) by striking ‘‘To facilitate’’ and insert-
22 ing the following:
23 ‘‘(1) IN GENERAL.—To facilitate’’; and
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24 (B) by adding at the end the following:
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1 ‘‘(2) SIMPLIFYING ASSUMPTIONS FOR SCHOOL
2 YEAR 2020-2021.—A State agency may use simpli-
3 fying assumptions and the best feasibly available
4 data to provide benefits to and establish benefit lev-
5 els and eligibility periods for eligible children and
6 children eligible for assistance under subsection (h)
7 for purposes of this section.’’;
8 (5) by redesignating subsections (h) and (i) as
9 subsections (i) and (j), respectively;
10 (6) by inserting after subsection (g) the fol-
11 lowing:
12 ‘‘(h) ASSISTANCE FOR CHILDREN IN CHILD CARE.—
13 ‘‘(1) IN GENERAL.—Beginning on October 1,
14 2020, subject to an approved State agency plan
15 under subsection (b) or an approved amendment to
16 such a plan, in any case in which, during a public
17 health emergency designation, a covered child care
18 facility is closed or has reduced attendance or hours
19 for at least 5 consecutive days, or 1 or more schools
20 in the area of a covered child care facility are closed
21 or have reduced attendance or hours for at least 5
22 consecutive days, each household containing at least
23 1 child enrolled in such a covered child care facility
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24 and the supplemental nutrition assistance program
25 established under the Food and Nutrition Act of
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1 2008 (7 U.S.C. 2011 et seq.) shall be eligible to re-
2 ceive assistance, in accordance with paragraph (2),
3 until covered child care facilities or schools in the
4 area reopen or operate at full attendance and hours,
5 as applicable, as determined by the State agency.
6 ‘‘(2) ASSISTANCE.—A household shall receive
7 benefits under paragraph (1) in an amount that is
8 equal to at least 1 breakfast and 1 lunch at the free
9 rate for each child enrolled in a covered child care
10 facility for each day that the child does not attend
11 the facility because the facility is closed or operating
12 with reduced attendance or hours.
13 ‘‘(3) STATE OPTION.—A State shall not be re-
14 quired to provide assistance under this subsection in
15 order to provide assistance to eligible children under
16 a State agency plan under subsection (b).’’;
17 (7) in subsection (i) (as so redesignated)—
18 (A) in each of paragraphs (1) through (3),
19 by inserting a paragraph heading, the text of
20 which comprises the term defined in that para-
21 graph;
22 (B) by redesignating paragraphs (1)
23 through (3) as paragraphs (2), (4), and (5), re-
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24 spectively;
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1 (C) by inserting before paragraph (2) (as
2 so redesignated) the following:
3 ‘‘(1) COVERED CHILD CARE FACILITY.—The
4 term ‘covered child care facility’ means—
5 ‘‘(A) an organization described in subpara-
6 graph (A) or (B) of section 17(a)(2) of the
7 Richard B. Russell National School Lunch Act
8 (42 U.S.C. 1766(a)(2)); and
9 ‘‘(B) a family or group day care home.’’;
10 (D) in paragraph (2) (as so redesignated),
11 by inserting ‘‘or reduced attendance or hours’’
12 after ‘‘closure’’;
13 (E) by inserting after paragraph (2) (as so
14 redesignated) the following:
15 ‘‘(3) FREE RATE.—The term ‘free rate’
16 means—
17 ‘‘(A) with respect to a breakfast, the rate
18 of a free breakfast under the school breakfast
19 program under section 4 of the Child Nutrition
20 Act of 1966 (42 U.S.C. 1773); and
21 ‘‘(B) with respect to a lunch, the rate of
22 a free lunch under the school lunch program
23 under the Richard B. Russell National School
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24 Lunch Act (42 U.S.C. 1751 et seq.).’’; and
25 (F) by adding at the end the following:
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1 ‘‘(6) STATE.—The term ‘State’ has the mean-
2 ing given the term in section 12(d) of the Richard
3 B. Russell National School Lunch Act (42 U.S.C.
4 1760(d)).’’; and
5 (8) in subsection (j) (as so redesignated), by in-
6 serting ‘‘(including all administrative expenses)’’
7 after ‘‘this section’’.
8 SEC. 4602. EXTENDING CERTAIN WAIVER AUTHORITIES.
9 (a) NATIONAL SCHOOL LUNCH PROGRAM REQUIRE-
10 MENT WAIVERS ADDRESSING COVID–19.—Section
11 2202(e) of the Families First Coronavirus Response Act
12 (Public Law 116–127; 42 U.S.C. 1760 note) is amended
13 by striking ‘‘September 30, 2020’’ and inserting ‘‘Sep-
14 tember 30, 2021’’.
15 (b) PHYSICAL PRESENCE WAIVER UNDER WIC DUR-
16 ING CERTAIN PUBLIC HEALTH EMERGENCIES.—Section
17 2203(c) of the Families First Coronavirus Response Act
18 (Public Law 116–127; 42 U.S.C. 1786 note) is amended
19 by striking ‘‘September 30, 2020’’ and inserting ‘‘Sep-
20 tember 30, 2021’’.
21 (c) ADMINISTRATIVE REQUIREMENTS WAIVER
22 UNDER WIC.—Section 2204(c) of the Families First
23 Coronavirus Response Act (Public Law 116–127) is
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24 amended by striking ‘‘September 30, 2020’’ and inserting
25 ‘‘September 30, 2021’’.
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1 (d) FUNDING.—There are hereby appropriated, out
2 of any funds in the Treasury not otherwise appropriated,
3 such sums as may be necessary to carry out this section.
4 SEC. 4603. SNAP FLEXIBILITIES.
5 (a) EXTENSION OF EXISTING SNAP FLEXIBILITIES
6 FOR COVID–19.—
7 (1) STATE OPTIONS.—
8 (A) A State agency (as defined in section
9 3(s) of the Food and Nutrition Act of 2008 (7
10 U.S.C. 2012(s))) shall have the option, without
11 prior approval from the Secretary of Agri-
12 culture—
13 (i) to extend certification periods
14 under section 3(f) of the Food and Nutri-
15 tion Act of 2008 (7 U.S.C. 2012(f)) for
16 not more than 6 months and adjust peri-
17 odic report requirements under section
18 6(c)(1)(D)(i) of the Food and Nutrition
19 Act of 2008 (7 U.S.C. 2015(c)(1)(D)(i))
20 for some or all participating households
21 with certification periods set to expire or
22 periodic reports due on or before June 30,
23 2021, consistent with the extensions and
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24 adjustments provided in the Food and Nu-
25 trition Service’s April 22, 2020, blanket
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1 approval for extending certification and ad-
2 justing periodic reports, unless otherwise
3 provided in this subparagraph;
4 (ii) to allow household reporting re-
5 quirements under section 273.12(a)(5)(iii)
6 of title 7 of the Code of Federal Regula-
7 tions to satisfy the recertification require-
8 ments under section 273.14 of title 7 of
9 the Code of Federal Regulations for some
10 or all participating households with recer-
11 tification periods set to expire on or before
12 December 31, 2021; and
13 (iii) to adjust the interview require-
14 ments under sections 273.2 and 273.14(b)
15 of title 7 of the Code of Federal Regula-
16 tions for some or all household applications
17 or recertifications through June 30, 2021,
18 consistent with the adjustments provided
19 in the Food and Nutrition Service’s March
20 26, 2020, blanket approval for adjusting
21 interview requirements, unless otherwise
22 provided in this subparagraph.
23 (B) Not later than 5 days after exercising
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24 an option under subparagraph (A), a State
25 agency shall notify the Secretary of Agriculture
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1 in writing of the option exercised, the categories
2 of households affected by the option, and the
3 duration of such option.
4 (2) ADJUSTMENT.—The Secretary of Agri-
5 culture shall allow a State agency to suspend the re-
6 quirements under sections 275.11(b)(1) and (2),
7 275.12, and 275.13 of title 7 of the Code of Federal
8 Regulations from June 1, 2020, through September
9 30, 2021, consistent with the waivers provided in the
10 Food and Nutrition Service’s April 30, 2020, blan-
11 ket approval for waiver of quality control reviews,
12 unless otherwise provided in this paragraph.
13 (3) REPORT.—Section 2302 of the Families
14 First Coronavirus Response Act (Public Law 116–
15 127; 7 U.S.C. 2011 note) is amended by striking
16 subsection (c) and inserting the following:
17 ‘‘(c) REPORT.—Not later than June 30, 2022, the
18 Secretary of Agriculture shall submit, to the Committee
19 on Agriculture of the House of Representatives and the
20 Committee on Agriculture, Nutrition, and Forestry of the
21 Senate, a report containing the following information:
22 ‘‘(1) A description of any information or data
23 supporting State agency requests under this section
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24 and any additional measures that State agencies re-
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1 quested that were not approved by the Secretary of
2 Agriculture;
3 ‘‘(2) An evaluation of the use of all waivers, ad-
4 justments, and other flexibilities in the operation of
5 the supplemental nutrition assistance program (as
6 defined in section 3 of the Food and Nutrition Act
7 of 2008 (7 U.S.C. 2012)), in effect under this Act,
8 the Food and Nutrition Act of 2008 (7 U.S.C. 2011
9 et seq.), or any other Act, to respond to the
10 COVID–19 public health emergency; and
11 ‘‘(3) A recommendation of any additional waiv-
12 ers or flexibilities needed in the operation of the sup-
13 plemental nutrition assistance program to respond to
14 public health emergencies with pandemic potential.’’.
15 (b) FUNDING.—There are hereby appropriated, out
16 of any funds in the Treasury not otherwise appropriated,
17 such sums as may be necessary to carry out this section.
18 SEC. 4604. PROHIBITION ON PAYMENTS TO FOSSIL FUEL
19 REFINERS AND IMPORTERS.
20 (a) IN GENERAL.—The Secretary of Agriculture may
21 not use any funds, facilities, or authorities of the Com-
22 modity Credit Corporation or the Department of Agri-
23 culture—
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24 (1) to provide a payment to a refiner or im-
25 porter (as those terms are defined in section 80.2 of
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1 title 40, Code of Federal Regulations (or successor
2 regulations)); or
3 (2) to otherwise support, directly or indirectly,
4 a refiner or importer (as so defined) in meeting any
5 requirements under—
6 (A) the renewable fuel program under sec-
7 tion 211(o) of the Clean Air Act (42 U.S.C.
8 7545(o)); or
9 (B) any other provision of law that re-
10 quires the blending of fossil fuel with renewable
11 fuel.
12 (b) The exclusion in (a) shall not apply to any pay-
13 ments or support to producers, refiners, or importers of
14 biofuel (as defined in 7 U.S.C. 8101).
15 (c) MORATORIUM ON AUTHORITIES RELATING TO
16 EXCHANGES OF AGRICULTURAL PRODUCTS FOR PETRO-
17 LEUM PRODUCTS.—The authorities under the ninth and
18 tenth sentences of section 4(h) of the Commodity Credit
19 Corporation Charter Act (15 U.S.C. 714b(h)) (relating to
20 the availability of agricultural products for the Secretary
21 of Energy to exchange for petroleum products and the
22 terms and conditions of those exchanges, respectively)
23 shall not be used during the 180-day period beginning on
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24 the date of enactment of this Act.
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1 DIVISION E—DEPARTMENT OF
2 VETERANS AFFAIRS EXTEN-
3 SIONS
4 SEC. 5001. SHORT TITLE.
5 This division may be cited as the ‘‘Department of
6 Veterans Affairs Expiring Authorities Act of 2020’’.
7 TITLE I—EXTENSIONS OF AU-
8 THORITIES RELATING TO
9 HEALTH CARE
10 SEC. 5101. EXTENSION OF AUTHORITY FOR COLLECTION OF
11 COPAYMENTS FOR HOSPITAL CARE AND
12 NURSING HOME CARE.
13 Section 1710(f)(2)(B) of title 38, United States
14 Code, is amended by striking ‘‘September 30, 2020’’ and
15 inserting ‘‘September 30, 2022’’.
16 SEC. 5102. EXTENSION OF REQUIREMENT TO PROVIDE
17 NURSING HOME CARE TO CERTAIN VET-
18 ERANS WITH SERVICE CONNECTED DISABIL-
19 ITIES.
20 Section 1710A(d) of title 38, United States Code, is
21 amended by striking ‘‘September 30, 2020’’ and inserting
22 ‘‘September 30, 2022’’.
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1 SEC. 5103. EXTENSION OF AUTHORITY FOR TRANSFER OF
2 REAL PROPERTY.
3 Section 8118(a)(5) of title 38, United States Code,
4 is amended by striking ‘‘September 30, 2020’’ and insert-
5 ing ‘‘September 30, 2022’’.
6 SEC. 5104. EXTENSION OF AUTHORITY FOR PILOT PRO-
7 GRAM ON ASSISTANCE FOR CHILD CARE FOR
8 CERTAIN VETERANS RECEIVING HEALTH
9 CARE.
10 (a) EXTENSION OF AUTHORITY.—Subsection (e) of
11 section 205 of the Caregivers and Veterans Omnibus
12 Health Services Act of 2010 (Public Law 111–163; 124
13 Stat. 1144; 38 U.S.C. 1710 note) is amended by striking
14 ‘‘September 30, 2020’’ and inserting ‘‘September 30,
15 2022’’.
16 (b) AUTHORIZATION OF APPROPRIATIONS.—Sub-
17 section (h) of such section is amended by striking ‘‘and
18 2020’’ and inserting ‘‘2020, 2021, and 2022’’.
19 SEC. 5105. EXTENSION OF AUTHORIZATION OF APPROPRIA-
20 TIONS FOR GRANTS TO VETERANS SERVICE
21 ORGANIZATIONS FOR TRANSPORTATION OF
22 HIGHLY RURAL VETERANS.
23 Section 307(d) of the Caregivers and Veterans Omni-
24 bus Health Services Act of 2010 (Public Law 111–163;
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25 124 Stat. 1154; 38 U.S.C. 1710 note) is amended by
26 striking ‘‘2020’’ and inserting ‘‘2022’’.
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1 SEC. 5106. EXTENSION OF AUTHORITY FOR PILOT PRO-
2 GRAM ON COUNSELING IN RETREAT SET-
3 TINGS FOR WOMEN VETERANS NEWLY SEPA-
4 RATED FROM SERVICE.
5 (a) EXTENSION OF AUTHORITY.—Subsection (d) of
6 section 203 of the Caregivers and Veterans Omnibus
7 Health Services Act of 2010 (Public Law 111–163; 124
8 Stat. 1143; 38 U.S.C. 1712A note) is amended by striking
9 ‘‘September 30, 2020’’ and inserting ‘‘September 30,
10 2022’’.
11 (b) AUTHORIZATION OF APPROPRIATIONS.—Sub-
12 section (f) of such section is amended by striking ‘‘and
13 2020’’ and inserting ‘‘2020, 2021, and 2022’’.
14 SEC. 5107. EXTENSION OF AUTHORITY FOR PILOT PRO-
15 GRAM ON GRADUATE MEDICAL EDUCATION
16 AND RESIDENCY.
17 (a) IN GENERAL.—Subsection (d) of section 403 of
18 the VA MISSION Act of 2018 (Public Law 115–182; 132
19 Stat. 1474; 38 U.S.C. 7302 note) is amended by striking
20 ‘‘August 7, 2024’’ and inserting ‘‘August 7, 2031’’.
21 (b) TECHNICAL CORRECTION.—Subsection (a)(1) of
22 such section is amended by striking ‘‘authorized under’’
23 and all that follows through the period at the end and
24 inserting ‘‘authorized under section 7302 of title 38,
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25 United States Code, at covered facilities.’’.
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1 SEC. 5108. INSPECTOR GENERAL OF THE DEPARTMENT OF
2 VETERANS AFFAIRS REPORT ON ADMINIS-
3 TRATION OF INTERNET WEBSITE ON STAFF-
4 ING AND VACANCIES.
5 Not later than October 31, 2022, and October 31,
6 2024, and as frequently thereafter as the Inspector Gen-
7 eral of the Department of Veterans Affairs considers ap-
8 propriate, the Inspector General shall—
9 (1) review the administration of the internet
10 website required by section 505(a)(1) of the VA
11 MISSION Act of 2018 (Public Law 115–182; 132
12 Stat. 1477; 38 U.S.C. 301 note);
13 (2) develop recommendations for such legisla-
14 tive or administrative action as the Inspector Gen-
15 eral considers appropriate for such administration;
16 and
17 (3) submit to the Committee on Veterans’ Af-
18 fairs of the Senate and the Committee on Veterans’
19 Affairs of the House of Representatives a report
20 on—
21 (A) the findings of the Inspector General
22 with respect to the most recent review con-
23 ducted under paragraph (1); and
24 (B) the recommendations most recently de-
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25 veloped under paragraph (2).
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1 SEC. 5109. EXTENSION OF TEMPORARY EXPANSION OF PAY-
2 MENTS AND ALLOWANCES FOR BENEFICIARY
3 TRAVEL IN CONNECTION WITH VETERANS
4 RECEIVING CARE FROM VET CENTERS.
5 Section 104(a) of the Honoring America’s Veterans
6 and Caring for Camp Lejeune Families Act of 2012 (Pub-
7 lic Law 112–154; 126 Stat. 1169), as most recently
8 amended by section 5 of the Department of Veterans Af-
9 fairs Expiring Authorities Act of 2019 (Public Law 116–
10 61; 133 Stat. 1116), is further amended by striking ‘‘Sep-
11 tember 30, 2020’’ and inserting ‘‘September 30, 2021’’.
12 TITLE II—EXTENSIONS OF AU-
13 THORITIES RELATING TO
14 BENEFITS
15 SEC. 5201. EXTENSION OF SPECIALLY ADAPTED HOUSING
16 ASSISTIVE TECHNOLOGY GRANT PROGRAM.
17 Section 2108(g) of title 38, United States Code, is
18 amended by striking ‘‘September 30, 2020’’ and inserting
19 ‘‘September 30, 2022’’.
20 SEC. 5202. EXTENSIONS OF CERTAIN PROVISIONS OF LAW.
21 (a) EXTENSION OF STUDENT VETERAN
22 CORONAVIRUS RESPONSE ACT OF 2020.—Section 2 of the
23 Student Veteran Coronavirus Response Act of 2020 (Pub-
24 lic Law 116–140) is amended by striking ‘‘December 21,
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25 2020’’ and inserting ‘‘December 21, 2021’’.
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1 (b) EXTENSION OF PERIOD FOR CONTINUATION OF
2 DEPARTMENT OF VETERANS AFFAIRS EDUCATIONAL AS-
3 SISTANCE BENEFITS FOR CERTAIN PROGRAMS OF EDU-
4 CATION CONVERTED TO DISTANCE LEARNING BY REASON
5 OF EMERGENCIES AND HEALTH-RELATED SITUATIONS.—
6 Section 1(b) of Public Law 116–128 is amended by strik-
7 ing ‘‘December 21, 2020’’ and inserting ‘‘December 21,
8 2021’’.
9 SEC. 5203. EXTENSION OF AUTHORITY TO MAINTAIN RE-
10 GIONAL OFFICE IN THE REPUBLIC OF THE
11 PHILIPPINES.
12 Section 315(b) of title 38, United States Code, is
13 amended by striking ‘‘September 30, 2020’’ and inserting
14 ‘‘September 30, 2022’’.
15 SEC. 5204. EXTENSION OF AUTHORITY TO TRANSPORT INDI-
16 VIDUALS TO AND FROM DEPARTMENT OF
17 VETERANS AFFAIRS FACILITIES.
18 Section 111A(a)(2) of title 38, United States Code,
19 is amended by striking ‘‘September 30, 2020’’ and insert-
20 ing ‘‘September 30, 2022’’.
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1 SEC. 5205. EXTENSION OF TEMPORARY INCREASE IN NUM-
2 BER OF JUDGES ON UNITED STATES COURT
3 OF APPEALS FOR VETERANS CLAIMS.
4 Section 7253(i)(2) of title 38, United States Code,
5 is amended by striking ‘‘January 1, 2021’’ and inserting
6 ‘‘January 1, 2026’’.
7 TITLE III—EXTENSIONS OF AU-
8 THORITIES RELATING TO
9 HOMELESS VETERANS
10 SEC. 5301. EXTENSION OF AUTHORIZATION OF APPROPRIA-
11 TIONS FOR HOMELESS VETERANS RE-
12 INTEGRATION PROGRAMS.
13 Section 2021(e)(1)(F) of title 38, United States
14 Code, is amended by striking ‘‘2020’’ and inserting
15 ‘‘2022’’.
16 SEC. 5302. EXTENSION OF AUTHORIZATION OF APPROPRIA-
17 TIONS FOR HOMELESS WOMEN VETERANS
18 AND HOMELESS VETERANS WITH CHILDREN
19 REINTEGRATION GRANT PROGRAM.
20 Section 2021A(f)(1) of title 38, United States Code,
21 is amended by striking ‘‘2020’’ and inserting ‘‘2022’’.
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1 SEC. 5303. EXTENSION OF AUTHORITY FOR REFERRAL AND
2 COUNSELING SERVICES FOR VETERANS AT
3 RISK OF HOMELESSNESS TRANSITIONING
4 FROM CERTAIN INSTITUTIONS.
5 Section 2023(d) of title 38, United States Code, is
6 amended by striking ‘‘September 30, 2020’’ and inserting
7 ‘‘September 30, 2022’’.
8 SEC. 5304. EXTENSION OF AUTHORITY FOR TREATMENT
9 AND REHABILITATION FOR SERIOUSLY MEN-
10 TALLY ILL AND HOMELESS VETERANS.
11 (a) GENERAL TREATMENT.—Section 2031(b) of title
12 38, United States Code, is amended by striking ‘‘Sep-
13 tember 30, 2020’’ and inserting ‘‘September 30, 2022’’.
14 (b) ADDITIONAL SERVICES AT CERTAIN LOCA-
15 TIONS.—Section 2033(d) of such title is amended by strik-
16 ing ‘‘September 30, 2020’’ and inserting ‘‘September 30,
17 2022’’.
18 SEC. 5305. EXTENSION OF FUNDING FOR FINANCIAL AS-
19 SISTANCE FOR SUPPORTIVE SERVICES FOR
20 VERY LOW-INCOME VETERAN FAMILIES IN
21 PERMANENT HOUSING.
22 Section 2044(e)(1) of title 38, United States Code,
23 is amended—
24 (1) in subparagraph (G), by striking ‘‘through
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25 2021’’ and inserting ‘‘and 2020’’; and
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1 (2) by adding at the end the following new sub-
2 paragraph:
3 ‘‘(H) $420,000,000 for each of fiscal years
4 2021 and 2022.’’.
5 SEC. 5306. EXTENSION OF FUNDING FOR GRANT PROGRAM
6 FOR HOMELESS VETERANS WITH SPECIAL
7 NEEDS.
8 Section 2061(d)(1) of title 38, United States Code,
9 is amended by striking ‘‘2020’’ and inserting ‘‘2022’’.
10 TITLE IV—EXTENSIONS OF
11 OTHER AUTHORITIES AND
12 OTHER MATTERS
13 SEC. 5401. EXTENSION OF AUTHORIZATION OF APPROPRIA-
14 TIONS FOR MONTHLY ASSISTANCE ALLOW-
15 ANCE UNDER THE OFFICE OF NATIONAL VET-
16 ERANS SPORTS PROGRAMS AND SPECIAL
17 EVENTS.
18 Section 322(d)(4) of title 38, United States Code, is
19 amended by striking ‘‘2020’’ and inserting ‘‘2022’’.
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1 SEC. 5402. EXTENSION OF REQUIREMENTS TO PROVIDE RE-
2 PORTS TO CONGRESS REGARDING EQUI-
3 TABLE RELIEF IN THE CASE OF ADMINISTRA-
4 TIVE ERROR.
5 Section 503(c) of title 38, United States Code, is
6 amended by striking ‘‘December 31, 2020’’ and inserting
7 ‘‘December 31, 2022’’.
8 SEC. 5403. EXTENSION AND AUTHORIZATION OF APPRO-
9 PRIATIONS FOR ADAPTIVE SPORTS PRO-
10 GRAMS FOR DISABLED VETERANS AND MEM-
11 BERS OF THE ARMED FORCES.
12 (a) AUTHORIZATION OF APPROPRIATIONS.—Sub-
13 section (g)(1) of section 521A of title 38, United States
14 Code, is amended—
15 (1) by striking ‘‘appropriated $8,000,000’’ and
16 inserting the following: ‘‘appropriated amounts as
17 follows:
18 ‘‘(A) $8,000,000 for each of fiscal years 2010
19 through 2020.’’; and
20 (2) by adding at the end the following new sub-
21 paragraph:
22 ‘‘(B) $16,000,000 for each of fiscal years 2021
23 and 2022.’’.
24 (b) EXTENSION.—Subsection (l) of such section is
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25 amended by striking ‘‘2020’’ and inserting ‘‘2022’’.
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1 SEC. 5404. EXTENSION OF AUTHORITY TO ENTER INTO
2 AGREEMENT WITH THE NATIONAL ACADEMY
3 OF SCIENCES REGARDING ASSOCIATIONS BE-
4 TWEEN DISEASES AND EXPOSURE TO DIOXIN
5 AND OTHER CHEMICAL COMPOUNDS IN HER-
6 BICIDES.
7 Section 3 of the Agent Orange Act of 1991 (Public
8 Law 102–4; 38 U.S.C. 1116 note) is amended by striking
9 ‘‘September 30, 2020’’ and inserting ‘‘September 30,
10 2022’’.
11 SEC. 5405. MODIFICATION AND EXTENSION OF AUTHORITY
12 RELATING TO VENDEE LOAN PROGRAM.
13 Section 3733(a) of title 38, United States Code, is
14 amended by adding at the end the following new para-
15 graph:
16 ‘‘(8) During the period that begins on October 1,
17 2020, and ends on September 30, 2025, the Secretary
18 shall carry out the provisions of this subsection as if—
19 ‘‘(A) the references in the first sentence of
20 paragraph (1) to ‘65 percent’ and ‘may be financed
21 by a loan’ were references to ‘85 percent’ and ‘shall
22 be of property marketed with financing to be’, re-
23 spectively;
24 ‘‘(B) the second sentence of paragraph (1) were
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25 repealed; and
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1 ‘‘(C) the reference in paragraph (2) to ‘Sep-
2 tember 30, 1990,’ were a reference to ‘September
3 30, 2025,’.’’.
Passed the House of Representatives September 22,
2020.
Attest: CHERYL L. JOHNSON,
Clerk.
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Calendar No. 552
116TH CONGRESS
2D SESSION H. R. 8337
H8337
AN ACT
E:\BILLS\H8337.PCS
Making continuing appropriations for fiscal year
2021, and for other purposes.
SEPTEMBER 23, 2020
Read the second time and placed on the calendar
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pamtmann on DSKBC07HB2PROD with BILLS
File and source
- File
- BILLS_bills-116hr8337pcs_bills-116hr8337pcs.pdf
- Size
- 365,390 bytes
- SHA-256
- c33e81b8154177c90101e14155cbae38b1f9ffdf76f25c91df47d42c07a3975e
- Original
- www.govinfo.gov