Continuing Appropriations Act, 2021 and Other Extensions Act

Making continuing appropriations for fiscal year 2021, and for other purposes. 1. Short title This Act may be cited as the Continuing Appropriations Act, 2021 and Other Extensions Act 2. Table of contents The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. Division A—Continuing Appropriations Act, 2021 Division B—Surface Transportation Program Extension Title I—Surface Transportation Programs Title II—Trust Funds Division C—Health Extenders Title I—Public Health Extenders Title II—Medicare Extenders Title III—Medicaid Extenders Title IV—Medicare Part B Premium Adjustment Title V—Accelerated and Advance Payment Programs Title VI—Offsets Division D—Other Matters Title I—Emergency Stopgap USCIS Stabilization Act Title II—United States Parole Commission Extension Title III—Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act Title IV—Community Services and Supports Title V—Budgetary Effects 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 3. References Except as expressly provided otherwise, any reference to this Act A Continuing Appropriations Act, 2021 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2021, and for other purposes, namely: 101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2020 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2020, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2020 (division B of Public Law 116–94 (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2020 (division B of Public Law 116–93 Department of Commerce—Bureau of the Census—Periodic Censuses and Programs (3) The Department of Defense Appropriations Act, 2020 (division A of Public Law 116–93 (4) The Energy and Water Development and Related Agencies Appropriations Act, 2020 (division C of Public Law 116–94 (5) The Financial Services and General Government Appropriations Act, 2020 (division C of Public Law 116–93 (6) The Department of Homeland Security Appropriations Act, 2020 (division D of Public Law 116–93 Public Law 116–93 Public Law 116–94 (7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020 (division D of Public Law 116–94 (8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2020 (division A of Public Law 116–94 (9) The Legislative Branch Appropriations Act, 2020 (division E of Public Law 116–94 Public Law 116–94 (10) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2020 (division F of Public Law 116–94 (11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2020 (division G of Public Law 116–94 (12) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2020 (division H of Public Law 116–94 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for— (1) the new production of items not funded for production in fiscal year 2020 or prior years; (2) the increase in production rates above those sustained with fiscal year 2020 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2020. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2020. 105. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. 106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2021, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) The enactment into law of an appropriation for any project or activity provided for in this Act. (2) The enactment into law of the applicable appropriations Act for fiscal year 2021 without any provision for such project or activity. (3) December 11, 2020. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. 108. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. 109. Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2021 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. 110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. 111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2020, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2020, to be continued through the date specified in section 106(3). (b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2020 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2020, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. 113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 22 U.S.C. 2412 22 U.S.C. 2680 22 U.S.C. 6212 50 U.S.C. 3094(a)(1) 114. (a) Each amount incorporated by reference in this Act that was previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to section 251(b)(2)(A) of such Act or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively. (b) Section 6 of Public Law 116–94 (c) This section shall become effective immediately upon enactment of this Act, and shall remain in effect through the date in section 106(3). 115. (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)— (1) to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act; or (2) which are no-year TAFS and receive other appropriations in this Act, may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress. (b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of— (1) the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act; or (2) the amount of balances available, as of October 1, 2020, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act. (c) No later than November 20, 2020, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101: Provided 116. Notwithstanding section 101, amounts are available in the Rural Utilities Service—Rural Water and Waste Disposal Program Account 117. Amounts made available by section 101 for Department of Agriculture—Food and Nutrition Service—Child Nutrition Programs Public Law 111–80 118. Amounts made available by section 101 for Department of Agriculture—Domestic Food Programs—Food and Nutrition Service—Commodity Assistance Program 119. Amounts made available by section 101 for Farm Service Agency—Agricultural Credit Insurance Fund Program Account 7 U.S.C. 1922 120. Section 260 of the Agricultural Marketing Act of 1946 ( 7 U.S.C. 1636i 7 U.S.C. 1635 Public Law 106–78 September 30, 2020 121. (a) Sections 7(j)(5), 7A(l)(4), and 21(e) of the United States Grain Standards Act ( 7 U.S.C. 79(j)(5) September 30, 2020 (b) Sections 7D and 19 of the United States Grain Standards Act ( 7 U.S.C. 79d 2021 2020 122. Section 7605(b) of the Agriculture Improvement Act of 2018 ( 7 U.S.C. 5940 Public Law 115–334 the date that is 1 year after the date on which the Secretary establishes a plan under section 297C of the Agricultural Marketing Act of 1946 September 30, 2021 123. Notwithstanding section 101, the second paragraph under the heading Department of Health and Human Services—Food and Drug Administration—Salaries and Expenses Public Law 116–94 , contingent upon the enactment of the Over-the-Counter Monograph User Fee Act of 2019, 124. Notwithstanding section 101, amounts are provided for Department of Commerce—Bureau of the Census—Periodic Censuses and Programs Provided 125. (a) (1) Notwithstanding any other provision of this Act, the Secretary of the Navy may enter into a contract, beginning with fiscal year 2021, for the procurement of up to two Columbia class submarines. (2) With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract. (3) Any contract entered into under subsection (a) shall provide that— (A) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and (B) total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination. (b) Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for Shipbuilding and Conversion, Navy Ohio Replacement Submarine (Full Funding) 126. (a) The remaining unobligated balances of funds as of September 30, 2020, from amounts made available to Department of Defense—Other Department of Defense Programs—Office of the Inspector General Public Law 116–136 Public Law 116–136 Provided Provided further (b) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, or if the designation in section 114(b) occurs after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 127. (a) No funds shall be transferred directly from Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration (b) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 128. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) September 30, 2020 (b) Section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 2006 through 2021 2006 through 2020 129. Section 3007(a)(5)(A)(i)(II)(bb) of the Scholarships for Opportunity and Results Act (sec. 38–1853.07(a)(5)(A)(i)(II)(bb), D.C. Official Code) is amended by striking 5 years 6 years 130. Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds made available under the heading District of Columbia—District of Columbia Funds Public Law 116–93 131. In addition to the amounts otherwise provided by section 101, for District of Columbia—Federal Payment for Emergency Planning and Security Costs in the District of Columbia 132. Notwithstanding section 101, the matter preceding the first proviso under the heading Small Business Administration—Business Loans Program Account Public Law 116–93 $15,000,000 $99,000,000 Provided further Provided 15 U.S.C. 636(a) 133. Amounts made available by section 101 for Small Business Administration—Disaster Loans Program Account 134. (a) Notwithstanding section 101, amounts are provided for General Services Administration—Expenses, Presidential Transition 3 U.S.C. 102 Provided Acquisition Services Fund Federal Buildings Fund Provided further (b) Notwithstanding section 101, no funds are provided by this Act for General Services Administration—Pre-Election Presidential Transition 135. Amounts made available by section 101 for General Services Administration—Real Property Activities—Federal Buildings Fund—Limitations on Availability of Revenue 136. Notwithstanding section 101, for expenses of the Office of Administration to carry out the Presidential Transition Act of 1963, as amended, and similar expenses, in addition to amounts otherwise appropriated by law, amounts are provided to Presidential Transition Administrative Support Provided Provided further 137. In addition to amounts provided in section 101, an additional amount is provided for National Archives and Records Administration—Operating Expenses Presidential Records Act of 1978 Provided 138. Amounts made available by section 101 for Office of Personnel Management—Salaries and Expenses 139. Section 2(b)(2)(C)(i) of the Temporary Bankruptcy Judgeships Extension Act of 2012 ( 28 U.S.C. 152 Public Law 112–121 5 years 9 years 140. Section 3610 of division A of the CARES Act ( Public Law 116–136 September 30, 2020 141. Amounts made available by section 101 to the Department of Homeland Security for Office of the Secretary and Executive Management—Operations and Support Management Directorate—Operations and Support Intelligence, Analysis, and Operations Coordination—Operations and Support 142. Amounts made available by section 101 to the Department of Homeland Security under the heading Coast Guard—Operations and Support 143. Section 9307(f)(1) of title 46, United States Code shall be applied by substituting the date specified in section 106(3) of this Act for September 30, 2020 144. Amounts made available by section 101 to the Department of Homeland Security under the heading Cybersecurity and Infrastructure Security Agency 145. Amounts made available by section 101 to the Department of Homeland Security under the heading Federal Emergency Management Agency—Disaster Relief Fund 42 U.S.C. 5121 146. (a) Section 1309(a) of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) September 30, 2019 September 30, 2021 (b) Section 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4026 September 30, 2019 September 30, 2021 (c) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 147. (a) Notwithstanding section 101, the following shall be applied by substituting $0 (1) $32,300,000 Bureau of Land Management—Land Acquisition (2) $10,000,000 $320,000 United States Fish and Wildlife Service—Land Acquisition (3) $3,628,000 United States Fish and Wildlife Service—Land Acquisition (4) $30,800,000 $23,702,000 $54,502,000 United States Fish and Wildlife Service—Cooperative Endangered Species Conservation Fund (5) $208,400,000 $140,000,000 $13,000,000 National Park Service—Land Acquisition and State Assistance (6) $63,990,000 $283,000,000 $346,990,000 Forest Service—State and Private Forestry (7) $78,898,000 Forest Service—Land Acquisition (b) Notwithstanding section 101, the first paragraph under the heading United States Fish and Wildlife Service—Land Acquisition $7,550,000 $70,715,000 (c) Amounts made available by section 101 to the Department of the Interior for Departmental Offices—Office of the Secretary—Departmental Operations 148. Amounts made available by section 101 to the Forest Service may be obligated in the account and budget structure set forth in the table provided by the Secretary of Agriculture to the Committees on Appropriations of the Senate and the House of Representatives prior to the end of fiscal year 2020 pursuant to section 435(d) of the Department of the Interior, Environment, and Related Agencies Appropriations Act, 2020 (division D of Public Law 116–94 Provided Forest Service—National Forest System Capital Improvement and Maintenance Range Betterment Fund Management of National Forests for Subsistence Uses 149. Activities authorized by part A of title IV and section 1108(b) of the Social Security Act shall continue through the date specified in section 106(3) of this Act, in the manner authorized for fiscal year 2020, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose: Provided 150. (a) The remaining unobligated balances of funds as of September 30, 2020, from amounts credited and merged pursuant to the second proviso under the heading Department of Health and Human Services—Centers for Disease Control and Prevention—Buildings and Facilities Public Law 114–113 Public Law 114–113 (b) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 151. (a) Notwithstanding section 101, section 529 of division A of Public Law 116–94 $1,150,000,000 $3,169,819,000 section 2104(a)(24) section 2104(a)(23) (b) Notwithstanding section 101, section 530 of division A of Public Law 116–94 $11,005,661,000 $6,093,181,000 152. (a) Funds made available in Public Law 113–235 (b) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 153. (a) Funds made available in Public Law 113–76 Rehabilitation Services and Disability Research (b) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 154. Section 114(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1011c(f) September 30, 2020 155. Section 458(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087h(a)(4) 2021 2020 156. (a) The remaining unobligated balances of funds as of September 30, 2020, from amounts made available to Corporation for National and Community Service—Salaries and Expenses Public Law 116–94 Public Law 116–94 (b) The remaining unobligated balances of funds as of September 30, 2020, from amounts made available to Corporation for National and Community Service—Operating Expenses Public Law 116–94 Public Law 116–94 Provided (c) The remaining unobligated balances of funds as of September 30, 2020, from amounts made available to Corporation for National and Community Service—Office of Inspector General Public Law 116–94 Public Law 116–94 (d) (1) Section 3514(b) of title III of division A of Public Law 116–136 (2) (A) In general The amounts provided under this subsection are designated as an emergency requirement pursuant to section 4(g) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 933(g) (B) Designation in the senate In the Senate, this subsection is designated as an emergency requirement pursuant to section 4112(a) of H. Con. Res. 71 (115th Congress), the concurrent resolution on the budget for fiscal year 2018. (C) Classification of budgetary effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(7) and (c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this subsection— (i) shall not be estimated for purposes of section 251 of such Act; (ii) shall not be estimated for purposes of paragraph (4)(C) of section 3 of the Statutory Pay As-You-Go Act of 2010 as being included in an appropriation Act; and (iii) shall be treated as if they were contained in a PAYGO Act, as defined by section 3(7) of the Statutory Pay-As-You-Go Act of 2010 ( 2 U.S.C. 932(7) (e) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 157. Notwithstanding any other provision of this Act, there is hereby appropriated for fiscal year 2021 for payment to the John R. Lewis Revocable Trust, beneficiary of John R. Lewis, late a Representative from the State of Georgia, $174,000. 158. Notwithstanding section 101, amounts are provided for House of Representatives—Salaries and Expenses 159. Notwithstanding any other provision of this Act— (1) the authority of the Library of Congress to reimburse the Little Scholars Child Development Center at the Library of Congress under section 19004 of the CARES Act ( 2 U.S.C. 162b 42 U.S.C. 247d (2) the authority of the Government Accountability Office to reimburse the Tiny Findings Child Development Center under section 19009 of the CARES Act (134 Stat. 579) shall remain in effect with respect to salaries incurred until the termination of the public health emergency declared pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d (3) Section 19005(a) of the CARES Act ( 2 U.S.C. 1816b for not more than 16 weeks until the termination of the public health emergency declared pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d 160. (a) Extension Notwithstanding sections 3902(a) and 3904(b) of title 41, United States Code, if the performance or delivery of services procured under a severable service contract of the Library of Congress is delayed or otherwise affected by the COVID–19 Pandemic, the period for the performance or delivery of services under the contract may be extended for a period equivalent to the delay or suspension of services, but not exceeding an additional 12 months. (b) Contracts covered This section applies with respect to contracts for severable services procured for a period beginning in fiscal year 2019 or fiscal year 2020. 161. Effective upon enactment of this Act, the matter preceding the first proviso under the heading Department of Veterans Affairs—Veterans Benefits Administration—Compensation and Pensions Public Law 116–94 shall become available on October 1, 2020: , to remain available until expended and to become available on October 1, 2020: 162. Amounts made available by section 101 for Department of Veterans Affairs—Departmental Administration—Veterans Electronic Health Record 163. Notwithstanding section 106 of this Act, at any time during fiscal year 2021, the Secretary of Veterans Affairs may transfer up to $140,000,000 of the unobligated balances available under the heading Department of Veterans Affairs—Veterans Health Administration—Medical Services Public Law 116–136 Canteen Service Revolving Fund Provided chapter 78 Provided further Provided further 164. Amounts made available by section 101 to the Department of State for Administration of Foreign Affairs—Repatriation Loans Program Account 22 U.S.C. 2671(b)(2)(B) 165. Section 21009 of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 166. (a) During the period covered by this Act, section 1(b)(1) of the Passport Act of June 4, 1920 ( 22 U.S.C. 214(b)(1) the costs of providing consular services such costs (b) During the period covered by this Act, discretionary amounts made available by section 101 to the Department of State in title I under the heading Administration of Foreign Affairs Provided Provided further (c) Amounts made available by section 101 to the Department of State for Diplomatic Programs 167. Notwithstanding any other provision of this Act, and subject to the regular notification procedures of the Committees on Appropriations, the limitations in section 7044(e)(2) of division G of Public Law 116–94 168. Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 October 1, 2020 October 1, 2021 169. (a) The remaining unobligated balances of funds, as of September 30, 2020, from amounts made available to Department of Transportation—Office of the Secretary—National Infrastructure Investments Public Law 115–31 (b) The remaining unobligated balances of funds, as of September 30, 2020, from amounts made available to Department of Transportation—Office of the Secretary—National Infrastructure Investments Public Law 115–141 (c) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 170. Notwithstanding section 101, the matter preceding the first proviso under the heading Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account Public Law 116–94 $1,278,000,000,000 $550,000,000,000 Provided 12 U.S.C. 1721(g) 171. (a) Funds previously made available in the Consolidated and Further Continuing Appropriations Act, 2013 ( Public Law 113–6 Choice Neighborhoods Initiative (b) (1) This section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2020, this section shall be applied as if it were in effect on September 30, 2020. 172. Amounts made available by section 101 to the Department of Housing and Urban Development for Housing Programs—Housing for the Elderly (1) maintain project rental assistance for the elderly under section 202(c)(2) of the Housing Act of 1959 ( 12 U.S.C. 1701q(2) (2) be available to make awards to existing grantees to continue, without competition, demonstration programs to test housing with services models for the elderly that demonstrate the potential to delay or avoid the need for nursing home care. This Act may be cited as the Continuing Appropriations Act, 2021 B Surface Transportation Program Extension I Surface Transportation Programs 1101. Extension of Federal surface transportation programs (a) In general Except as otherwise provided in this division, the requirements, authorities, conditions, eligibilities, limitations, and other provisions authorized under the covered laws, which would otherwise expire on or cease to apply after September 30, 2020, are incorporated by reference and shall continue in effect through September 30, 2021. (b) Authorization of appropriations (1) Highway trust fund (A) Highway Account There is authorized to be appropriated from the Highway Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. (B) Mass Transit Account There is authorized to be appropriated from the Mass Transit Account for fiscal year 2021, for each program with respect to which amounts are authorized to be appropriated from such account for fiscal year 2020, an amount equal to the amount authorized for appropriation with respect to the program from such account under the covered laws for fiscal year 2020. (2) General fund There is authorized to be appropriated for fiscal year 2021, for each program under the covered laws with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the Highway Account or the Mass Transit Account, an amount that is not less than the amount authorized for appropriation with respect to the program under the covered laws for fiscal year 2020. (c) Use of funds Amounts authorized to be appropriated for fiscal year 2021 with respect to a program under subsection (b) shall be distributed, administered, limited, and made available for obligation in the same manner as amounts authorized to be appropriated with respect to the program for fiscal year 2020 under the covered laws. (d) Obligation limitation A program for which amounts are authorized to be appropriated under subsection (b)(1) shall be subject to a limitation on obligations for fiscal year 2021 in the same amount and in the same manner as the limitation applicable with respect to the program for fiscal year 2020. (e) Definitions In this section: (1) Covered laws The term covered laws (A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV of the FAST Act ( Public Law 114–94 (B) Division A, division B, subtitle A of title I and title II of division C, and division E of MAP–21 ( Public Law 112–141 (C) Titles I, II, and III of the SAFETEA–LU Technical Corrections Act of 2008 ( Public Law 110–244 (D) Titles I, II, III, IV, V, and VI of SAFETEA–LU ( Public Law 109–59 (E) Titles I, II, III, IV, and V of the Transportation Equity Act for the 21st Century ( Public Law 105–178 (F) Titles II, III, and IV of the National Highway System Designation Act of 1995 ( Public Law 104–59 (G) Titles I, II, III, IV, V, and VI of the Intermodal Surface Transportation Efficiency Act of 1991 ( Public Law 102–240 (H) Title 23, United States Code. (I) Sections 116, 117, 330, 5128, 5505, and 24905 and chapters 53, 139, 303, 311, 313, 701, and 702 of title 49, United States Code. (2) Highway Account The term Highway Account (3) Mass Transit Account The term Mass Transit Account section 9503(e)(1) 1102. Nationally significant freight and highway projects Section 117(d)(2)(A) of title 23, United States Code, is amended in the matter preceding clause (i)— (1) by striking $500,000,000 $600,000,000 (2) by striking 2020 2021 1103. Highway safety research and development Section 403(h)(2) of title 23, United States Code, is amended— (1) by striking 2020 2021 (2) by striking $21,248,000 $26,560,000 1104. Rail-related provisions (a) Federal funding for operating losses Section 24321 of title 49, United States Code, is amended— (1) by striking subsection (d); and (2) by redesignating subsection (e) as subsection (d). (b) Direct loans and loan guarantees Section 502(b)(3) of the Railroad Revitalization and Regulatory Reform Act of 1976 ( 45 U.S.C. 822(b)(3) September 30, 2020 September 30, 2021 1105. Suspension for extension period of adjustments for additional deposits into Highway Trust Fund Section 105 of title 23, United States Code, shall not apply to monies deposited into the Highway Trust Fund by this division. 1106. Prohibition on use of funds None of the funds authorized in this division or any other Act may be used to adjust apportionments for the Mass Transit Account of the Highway Trust Fund or withhold funds from apportionments for the Mass Transit Account of the Highway Trust Fund pursuant to section 9503(e)(4) 1107. Appalachian Regional Commission (a) Authorization of appropriations Section 14703 of title 40, United States Code, is amended— (1) in subsection (a)(5) by striking 2020 2021 (2) in subsection (c) by striking 2020 2021 (b) Termination Section 14704 of title 40, United States Code, is amended by striking 2020 2021 II Trust Funds 1201. Extension of Highway Trust Fund expenditure authority Section 9503 (1) by striking October 1, 2020 October 1, 2021 (2) by striking FAST Act Continuing Appropriations Act, 2021 and Other Extensions Act 1202. Sport fish restoration and boating trust fund Section 9504 (1) by striking FAST Act Continuing Appropriations Act, 2021 and Other Extensions Act (2) by striking October 1, 2020 October 1, 2021 1203. Leaking underground storage tank trust fund Section 9508(e)(2) October 1, 2020 October 1, 2021 1204. Further additional transfers to highway trust fund Subsection (f) of section 9503 (10) Further transfers to trust fund Out of money in the Treasury not otherwise appropriated, there is hereby appropriated— (A) $10,400,000,000 to the Highway Account (as defined in subsection (e)(5)(B)) in the Highway Trust Fund; and (B) $3,200,000,000 to the Mass Transit Account in the Highway Trust Fund. . 1205. Additional transfer to trust fund Section 9502 (f) Additional transfer to trust fund Out of money in the Treasury not otherwise appropriated, there is hereby appropriated $14,000,000,000 to the Airport and Airway Trust Fund. . C Health Extenders I Public Health Extenders 2101. Community Health Centers, National Health Service Corps, and Teaching health centers that operate graduate medical education programs (a) Community health centers Section 10503(b)(1)(F) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 254b–2(b)(1)(F) (1) by striking $668,493,151 $789,041,096 (2) by striking November 30, 2020 December 11, 2020 (b) National Health Service Corps Section 10503(b)(2)(H) of the Patient Protection and Affordable Care Act ( 42 U.S.C. 254b–2(b)(2)(H) (1) by striking $51,808,219 $61,150,685 (2) by striking November 30, 2020 December 11, 2020 (c) Teaching health centers that operate graduate medical education programs Section 340H(g)(1) of the Public Health Service Act ( 42 U.S.C. 256h(g)(1) (1) by striking $21,141,096 $24,953,425 (2) by striking November 30, 2020 December 11, 2020 (d) Application of provisions Amounts appropriated pursuant to the amendments made by this section for the period beginning on October 1, 2020, through December 11, 2020, shall be subject to the requirements contained in Public Law 116–94 42 U.S.C. 254 (e) Conforming amendment Paragraph (4) of section 3014(h) of title 18, United States Code, is amended— (1) by striking Social Services Act,,, Social Services Act, (2) by striking and section 3831 of the CARES Act , section 3831 of the CARES Act, and section 2101 of the Continuing Appropriations Act, 2021 and Other Extensions Act 2102. Diabetes programs (a) Special diabetes programs for Type I diabetes Section 330B(b)(2)(D) of the Public Health Service Act ( 42 U.S.C. 254c–2(b)(2)(D) (1) by striking $25,068,493 $29,589,042 (2) by striking November 30, 2020 December 11, 2020 (b) Special diabetes programs for Indians Section 330C(c)(2)(D) of the Public Health Service Act ( 42 U.S.C. 254c–3(c)(2)(D) (1) by striking $25,068,493 $29,589,042 (2) by striking November 30, 2020 December 11, 2020 2103. Personal responsibility education Section 513 of the Social Security Act ( 42 U.S.C. 713 November 30, 2020 December 11, 2020 2104. Sexual risk avoidance education Section 510 of the Social Security Act ( 42 U.S.C. 710 (1) by striking November 30, 2020 December 11, 2020 (2) in subsection (a)(2)(B)(i), by striking such period, for fiscal year 2020 the period described in subparagraph (A), for fiscal year 2021 (3) in subsection (f)(2), by striking and 2019 through 2020, 2105. Rare Pediatric Disease Priority Review Voucher extension Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act ( 21 U.S.C. 360ff(b)(5) (1) by striking September 30, 2020 December 11, 2020 (2) in subparagraph (B), by striking September 30, 2022 December 11, 2022 2106. Authorization to accumulate excess annual leave (a) In general Notwithstanding section 219 of the Public Health Service Act ( 42 U.S.C. 210–1 (b) Use of excess leave Annual leave retained pursuant to subsection (a) shall be lost unless it is used by the officer no later than September 30, 2023. (c) Applicability This section shall not apply to an officer on terminal leave preceding separation, retirement, or release from active duty, as of the effective date specified in subsection (d). (d) Effective date This section shall become effective on the earlier of— (1) the date of the enactment of this Act; or (2) September 30, 2020. 2107. HHS Services and Supply Fund Effective as if included in the enactment of the paragraph beginning with Service and supply fund: Public Health Service 42 U.S.C. 231 central services II Medicare Extenders 2201. Extension of the work geographic index floor under the Medicare Program Section 1848(e)(1)(E) of the Social Security Act ( 42 U.S.C. 1395w–4(e)(1)(E) Public Law 116–136 December 1, 2020 December 12, 2020 2202. Extension of funding for quality measure endorsement, input, and selection Section 1890(d)(2) of the Social Security Act ( 42 U.S.C. 1395aaa(d)(2) Public Law 116–136 (1) in the first sentence, by striking November 30, 2020 December 11, 2020 (2) in the third sentence, by striking November 30, 2020 December 11, 2020 2203. Extension of funding outreach and assistance for low-income programs (a) State Health Insurance Programs Subsection (a)(1)(B) of section 119 of the Medicare Improvements for Patients and Providers Act of 2008 ( 42 U.S.C. 1395b–3 Public Law 111–148 Public Law 112–240 Public Law 113–67 Public Law 113–93 Public Law 114–10 Public Law 115–123 Public Law 116–59 Public Law 116–69 Public Law 116–94 Public Law 116–136 November 30, 2020 December 11, 2020 (b) Area Agencies on Aging Subsection (b)(1)(B) of such section 119, as so amended, is amended in clause (xi) by striking November 30, 2020 December 11, 2020 (c) Aging and Disability Resource Centers Subsection (c)(1)(B) of such section 119, as so amended, is amended in clause (xi) by striking November 30, 2020 December 11, 2020 (d) Contract with the National Center for Benefits and Outreach Enrollment Subsection (d)(2) of such section 119, as so amended, is amended in clause (xi) by striking November 30, 2020 December 11, 2020 III Medicaid Extenders 2301. Extension of Money Follows the Person Rebalancing Demonstration Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 ( 42 U.S.C. 1396a Public Law 116–136 November 30, 2020 December 11, 2020 2302. Extension of spousal impoverishment protections (a) In general Section 2404 of the Patient Protection and Affordable Care Act ( 42 U.S.C. 1396r–5 Public Law 116–136 November 30, 2020 December 11, 2020 (b) Rule of Construction Nothing in section 2404 of Public Law 111–148 42 U.S.C. 1396r–5 42 U.S.C. 1396a(a)(17) (1) applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act ( 42 U.S.C. 1396a(r)(2) (A) to the income or resources of an individual described in section 1902(a)(10)(A)(ii)(VI) of such Act ( 42 U.S.C. 1396a(a)(10)(A)(ii)(VI) (B) on the basis of an individual’s need for home and community-based services authorized under subsection (c), (d), (i), or (k) of section 1915 of such Act ( 42 U.S.C. 1396n 42 U.S.C. 1315 (2) disregarding an individual’s spousal income and assets under a plan amendment to provide medical assistance for home and community-based services for individuals by reason of being determined eligible under section 1902(a)(10)(C) of such Act ( 42 U.S.C. 1396a(a)(10)(C) 42 U.S.C. 1396a(f) 42 U.S.C. 1396r–5 2303. Delay of DSH reductions Section 1923(f)(7)(A) of the Social Security Act ( 42 U.S.C. 1396r–4(f)(7)(A) Public Law 116–136 (1) in clause (i), in the matter preceding subclause (I), by striking December 1, 2020 December 12, 2020 (2) in clause (ii)(I), by striking December 1, 2020 December 12, 2020 2304. Extension of Community Mental Health Services Demonstration Program Section 223(d)(3) of the Protecting Access to Medicare Act of 2014 ( 42 U.S.C. 1396a Public Law 116–136 November 30, 2020 December 11, 2020 IV Medicare Part B Premium Adjustment 2401. 2021 Medicare part B premium and deductible (a) 2021 premium and deductible and repayment through future premiums Section 1839(a) of the Social Security Act ( 42 U.S.C. 1395r(a) (1) in the second sentence of paragraph (1), by striking (5) and (6) (5), (6), and (7) (2) in paragraph (6)(C)— (A) in clause (i), by striking “section 1844(d)(1)” and inserting “subsections (d)(1) and (e)(1) of section 1844”; and (B) in clause (ii), by striking “paragraph (5)” and inserting paragraphs (5) and (7) (3) by adding at the end the following: (7) (A) In applying this part (including subsection (i) and section 1833(b)), the monthly actuarial rate for enrollees age 65 and over for 2021 shall be determined to be equal to the sum of— (i) the monthly actuarial rate for enrollees age 65 and over for 2020; plus (ii) 25 percent of the difference between such rate for 2020 and the preliminary monthly actuarial rate for enrollees age 65 and over for 2021 (as estimated under subparagraph (B)). (B) For purposes of subparagraph (A)(ii), the Secretary shall estimate a preliminary monthly actuarial rate for enrollees age 65 and over for 2021 using the methodology described in paragraph (1) and as if subparagraph (A) of this paragraph did not apply. The Secretary shall make the estimate under the previous sentence as if the transfers described in section 1844(f)(1) have been made. . (b) Transitional government contribution Section 1844 of the Social Security Act ( 42 U.S.C. 1395w (1) in subsection (a), by adding at the end the following new sentence: In applying paragraph (1), the amounts transferred under subsection (e)(1) with respect to enrollees described in subparagraphs (A) and (B) of such subsection shall be treated as premiums payable and deposited in the Trust Fund under subparagraphs (A) and (B), respectively, of paragraph (1). (2) by adding at the end the following: (e) (1) For 2021, there shall be transferred from the General Fund to the Trust Fund an amount, as estimated by the Chief Actuary of the Centers for Medicare & Medicaid Services, equal to the reduction in aggregate premiums payable under this part for a month in such year (excluding any changes in amounts collected under section 1839(i)) that are attributable to the application of section 1839(a)(7) with respect to— (A) enrollees age 65 and over; and (B) enrollees under age 65. Such amounts shall be transferred from time to time as appropriate. (2) Premium increases affected under section 1839(a)(6) shall not be taken into account in applying subsection (a). (3) There shall be transferred from the Trust Fund to the General Fund of the Treasury amounts equivalent to the additional premiums payable as a result of the application of section 1839(a)(6), excluding the aggregate payments attributable to the application of section 1839(i)(3)(A)(ii)(II). . (c) Additional transitional government contribution Section 1844 of the Social Security Act ( 42 U.S.C. 1395w (f) (1) There shall be transferred from the General Fund of the Treasury to the Trust Fund an amount, as estimated by the Chief Actuary of the Centers for Medicare & Medicaid Services, equal to amounts paid in advance for items and services under this part during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the date of the enactment of this paragraph. (2) There shall be transferred from the Trust Fund to the General Fund of the Treasury amounts equivalent to the sum of— (A) the amounts by which claims have offset (in whole or in part) the amount of such payments described in paragraph (1); and (B) the amount of such payments that have been repaid (in whole or in part). (3) Amounts described in paragraphs (1) and (2) shall be transferred from time to time as appropriate. . (d) Indentation correction Section 1839(i)(3)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395r(i)(3)(A)(ii) V Accelerated and Advance Payment Programs 2501. Modifying accelerated and advance payment programs under parts A and B of the Medicare program during the COVID–19 emergency (a) Special repayment rules and other modifications (1) Part A (A) In general Section 1815(f)(2)(C) of the Social Security Act ( 42 U.S.C. 1395g(f)(2)(C) (C) In the case of a payment made under the terms of the program under subsection (e)(3), including such program as expanded pursuant to this subsection, on or after the date of the enactment of the CARES Act and so made during the emergency period described in section 1135(g)(1)(B), upon request of a hospital, the Secretary shall— (i) provide 1 year before payments for items and services furnished by the hospital are offset to recoup payments under such program; (ii) provide that any such offset be an amount equal to— (I) during the first 11 months in which any such offsets are made with respect to payment for items and services furnished by the hospital, 25 percent of the amount of such payment for such items and services; and (II) during the succeeding 6 months, 50 percent of the amount of such payment for such items and services; and (iii) allow 29 months from the date of the first payment under such program to such provider before requiring that the outstanding balance be paid in full. . (B) Authority for discretion Section 1815(f)(2)(A)(ii) of the Social Security Act ( 42 U.S.C. 1395g(f)(2)(A)(ii) (or, with respect to requests submitted to the Secretary after April 26, 2020, may) shall. (C) Application to other part A providers (i) In general In the case of a payment made under the terms of an applicable program (as defined in clause (ii)), on or after the date of the enactment of the CARES Act ( Public Law 116–136 42 U.S.C. 1320b–5(g)(1)(B) 42 U.S.C. 1395g(f)(2)(C) 42 U.S.C. 1395g Public Law 116–136 (ii) Applicable program defined In this clause, the term applicable program (I) the programs under sections 413.64(g), 412.541(f), 412.632(e), 412.116(f), 413.350(d), or 418.307 of title 42, Code of Federal Regulations (or any successor regulations); and (II) any other comparable program under part A of title XVIII of the Social Security Act, as determined by the Secretary. (iii) Applicable provider In this clause, the term applicable provider (2) Part B (A) In general In the case of a payment made under the terms of the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation) on or after the date of the enactment of the CARES Act ( Public Law 116–136 42 U.S.C. 1320b–5(g)(1)(B) (i) provide 1 year before payments for items and services furnished by such provider or supplier are offset to recoup payments under such program; (ii) provide that any such offset be an amount equal to— (I) during the first 11 months in which any such offsets are made with respect to payment for items and services furnished by such provider or supplier, 25 percent of the amount of such payment for such items and services; and (II) during the succeeding 6 months, 50 percent of the amount of such payment for such items and services; and (iii) allow 29 months from the date of the first payment under such program to such provider or supplier before requiring that the outstanding balance be paid in full. (B) Limitation on further part B advance payments With respect to the period of the emergency period described in section 1135(g)(1)(B) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1)(B) (i) for the portion of 2020 occurring during such period of the emergency period and for each year, shall not exceed $10,000,000; (ii) for each year beginning and ending during such period of the emergency period, shall not exceed $10,000,000; and (iii) for the last year beginning during such period of the emergency period, the portion of such last year occurring during such period of the emergency period, shall not exceed $10,000,000. (b) Interest rates (1) Part A (A) In general Section 1815(d) of the Social Security Act ( 42 U.S.C. 1395g(d) (or, in the case of such a determination made with respect to a payment made on or after the date of the enactment of the CARES Act and during the emergency period described in section 1135(g)(1)(B) under the program under subsection (e)(3), including such program as expanded pursuant to subsection (f), at a rate of 4 percent) (B) Application to other part A providers In the case of a determination under section 1815(d) of the Social Security Act ( 42 U.S.C. 1395g(d) Public Law 116–136 42 U.S.C. 1320b–5(g)(1)(B) Public Law 116–136 42 U.S.C. 1395g (2) Part B Section 1833(j) of the Social Security Act ( 42 U.S.C. 1395l(j) (or, in the case of such a determination made with respect to a payment made on or after the date of the enactment of the CARES Act and during the emergency period described in section 1135(g)(1)(B) under the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation), at a rate of 4 percent) (c) Publication of data (1) Data during COVID–19 emergency (A) Initial publication Not later than 2 weeks after the date of the enactment of this section, the Secretary shall post on the public website of the Centers for Medicare & Medicaid Services data that includes the following information with respect to specified payments (as defined in paragraph (3)(E)) made as of such date and for which data is available: (i) The total amount of such payments made under each applicable payment program (as defined in paragraph (3)(A)), including a specification of the percentage of such payments so made from the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act ( 42 U.S.C. 1395i 42 U.S.C. 1395t (ii) The amount of specified payments made under each such program by type of provider of services or supplier receiving such payments. (iii) The Centers for Medicare & Medicaid Services certification number or other appropriate number of, and the amount of such payments received by, each provider of services and supplier receiving such payments. (B) Interim publication Every 2 weeks thereafter during the emergency period, if any specified payments are made that were not included in a preceding publication of data under this paragraph, the Secretary shall post on the website described in subparagraph (A) data containing the information described in clauses (i), (ii), and (iii) of such subparagraph with respect to such specified payments. (2) Additional publications Not later than 15 months after the date of the enactment of the CARES Act ( Public Law 116–136 (A) The total amount of all specified payments not recouped or repaid under each applicable payment program. (B) The amount of payments made under each such program and not recouped or repaid by type of provider of services or supplier. (C) The total amount of specified payments that have been recouped or repaid under each such program, including a specification of the percentage of such payments so recouped or repaid that have been deposited into the Federal Hospital Insurance Trust Fund and the percentage of such payments so recouped or repaid that have been deposited into the Federal Supplementary Insurance Trust Fund under each such program. (D) The dollar amount of interest that has been collected with respect to all specified payments under each such program. (3) Definitions In this subsection: (A) Applicable payment program The term applicable payment program (i) the program under subsection (e)(3) of section 1815 of the Social Security Act ( 42 U.S.C. 1395g (ii) an applicable program (as defined in subsection (a)(1)(C)(ii) of this section); and (iii) the program described in section 421.214 of title 42, Code of Federal Regulations (or any successor regulation). (B) Emergency period The term emergency period 42 U.S.C. 1320b–5(g)(1)(B) (C) Provider of services and supplier The terms provider of services supplier 42 U.S.C. 1395x (D) Secretary The term Secretary (E) Specified payments The term specified payments Public Law 116–136 VI Offsets 2601. Inclusion in the Medicaid drug rebate program of covered outpatient drugs used for medication-assisted treatment (a) In general Section 1905 of the Social Security Act ( 42 U.S.C. 1396d (1) in paragraph (29) of subsection (a)— (A) by moving the margin of such paragraph 2 ems to the right; and (B) by striking subject to paragraph (2) subject to paragraphs (2) and (3) (2) in subsection (ee), by adding at the end the following: (3) Application of rebate requirements The requirements of section 1927 shall apply to any drug or biological product described in paragraph (1)(A) that is— (A) furnished as medical assistance in accordance with subsection (a)(29) and section 1902(a)(10)(A); and (B) a covered outpatient drug (as defined in section 1927(k), except that, in applying paragraph (2)(A) of such section to a drug described in paragraph (1)(A), such drug shall be deemed a prescribed drug for purposes of subsection (a)(12)). . (b) Conforming amendment Section 1927(d)(7) of the Social Security Act ( 42 U.S.C. 1396r–8(d)(7) (D) Drugs and biological products described in subsection (ee)(1)(A) of section 1905 that are furnished as medical assistance in accordance with subsection (a)(29) of such section and section 1902(a)(10)(A). . (c) Retroactive effective date The amendments made by this section shall take effect as if included in the enactment of section 1006(b) of the SUPPORT for Patients and Communities Act ( Public Law 115–271 2602. Medicaid Improvement Fund Section 1941(b) of the Social Security Act ( 42 U.S.C. 1396w–1(b) (1) in paragraph (1), by striking 2021 2023 (2) in paragraph (3)(A), by striking $1,960,000,000 $3,446,000,000 D Other Matters I Emergency Stopgap USCIS Stabilization Act 4101. Short title This title may be cited as the Emergency Stopgap USCIS Stabilization Act 4102. Expansion of premium processing (a) In general Section 286(u) of the Immigration and Nationality Act ( 8 U.S.C. 1356(u) (u) Premium fee for certain immigration benefit types (1) In general The Secretary of Homeland Security is authorized to establish and collect a premium fee for the immigration benefit types described in paragraph (2). Such fee shall be paid in addition to any other fees authorized by law, deposited as offsetting receipts in the Immigration Examinations Fee Account established under subsection (m), and used for the purposes described in paragraph (4). (2) Immigration benefit types Subject to reasonable conditions or limitations, the Secretary shall establish a premium fee under paragraph (1) in connection with— (A) employment-based nonimmigrant petitions and associated applications for dependents of the beneficiaries of such petitions; (B) employment-based immigrant petitions filed by or on behalf of aliens described in paragraph (1), (2), or (3) of section 203(b); (C) applications to change or extend nonimmigrant status; (D) applications for employment authorization; and (E) any other immigration benefit type that the Secretary deems appropriate for premium processing. (3) Amount of fee (A) In general Subject to subparagraph (C), with respect to an immigration benefit type designated for premium processing by the Secretary on or before August 1, 2020, the premium fee shall be $2,500, except that the premium fee for a petition for classification of a nonimmigrant described in subparagraph (H)(ii)(b) or (R) of section 101(a)(15) shall be $1,500. (B) Other immigration benefit types With respect to an immigration benefit type designated for premium processing but not described in subparagraph (A), the initial premium fee shall be established by regulation, which shall include a detailed methodology supporting the proposed premium fee amount. (C) Biennial adjustment The Secretary may adjust a premium fee under subparagraph (A) or (B) on a biennial basis by the percentage (if any) by which the Consumer Price Index for All Urban Consumers for the month of June preceding the date on which such adjustment takes effect exceeds the Consumer Price Index for All Urban Consumers for the same month of the second preceding calendar year. The provisions of section 553 of title 5, United States Code, shall not apply to an adjustment authorized under this subparagraph. (4) Use of fee Fees collected under this subsection may only be used by U.S. Citizenship and Immigration Services to— (A) provide the services described in paragraph (5) to premium processing requestors; (B) make infrastructure improvements in adjudications processes and the provision of information and services to immigration and naturalization benefit requestors; (C) respond to adjudication demands, including by reducing the number of pending immigration and naturalization benefit requests; and (D) otherwise offset the cost of providing adjudication and naturalization services. (5) Premium processing services The Secretary— (A) may suspend the availability of premium processing for designated immigration benefit requests only if circumstances prevent the completion of processing of a significant number of such requests within the required period; and (B) shall ensure that premium processing requestors have direct and reliable access to current case status information as well as the ability to communicate with the premium processing units at each service center or office that provides premium processing services. . (b) Expansion to new benefit requests (1) In general Notwithstanding the requirement to set a fee by regulation under section 286(u)(3)(B) of the Immigration and Nationality Act ( 8 U.S.C. 1356(u)(3)(B) (A) For a petition for classification under section 203(b)(1)(C) of the Immigration and Nationality Act ( 8 U.S.C. 1153(b)(1)(C) (B) For an application under section 248 of the Immigration and Nationality Act ( 8 U.S.C. 1258 8 U.S.C. 1101(a)(15) (C) For an application under section 248 of the Immigration and Nationality Act ( 8 U.S.C. 1258 8 U.S.C. 1101(a)(15) (D) For an application for employment authorization, the fee is set at an amount not greater than $1,500 and the required processing timeframe is not greater than 30 days. (2) Clarification The required processing timeframe for each of the applications and petitions described in paragraph (1) shall not commence until the date that all prerequisites for adjudication are received by the Secretary of Homeland Security. (c) Other benefit requests In implementing the amendments made by subsection (a), the Secretary of Homeland Security shall develop and implement processes to ensure that the availability of premium processing, or its expansion to additional immigration benefit requests, does not result in an increase in processing times for immigration benefit requests not designated for premium processing or an increase in regular processing of immigration benefit requests so designated. 4103. Reporting requirements (a) In general Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall provide to the appropriate Committees a 5-year plan, including projected cost estimates, procurement strategies, and a project schedule with milestones, to accomplish each of the following: (1) Establish electronic filing procedures for all applications and petitions for immigration benefits. (2) Accept electronic payment of fees at all filing locations. (3) Issue correspondence, including decisions, requests for evidence, and notices of intent to deny, to immigration benefit requestors electronically. (4) Improve processing times for all immigration and naturalization benefit requests. (b) Semi-Annual briefings Not later than 180 days after submission of the plan described in subsection (a), and on a semi-annual basis thereafter, the Secretary shall advise the appropriate Committees on the implementation status of such plan. (c) Appropriate Committees defined In this section, the term appropriate Committees (1) the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives; and (2) the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate. II United States Parole Commission Extension 4201. Short title This title may be cited as the United States Parole Commission Extension Act of 2020 4202. Amendment of Sentencing Reform Act of 1984 For purposes of section 235(b) of the Sentencing Reform Act of 1984 ( 18 U.S.C. 3551 Public Law 98–473 chapter 311 33 years 33-year period 35 years 35-year period 4203. Parole Commission Report Section 3 of the United States Parole Commission Extension Act of 2018 ( Public Law 115–274 (1) in subsection (b), by striking 2021 2022 (2) by adding at the end the following: (d) District of Columbia report for succeeding fiscal years For each of fiscal years 2021 through 2022, not later than 90 days after the end of the fiscal year, the United States Parole Commission shall report to the Committees on the Judiciary of the Senate and House of Representatives the items in paragraphs (1) through (3) of subsection (c), for the fiscal year. . III Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act 4301. Short title This title may be cited as the Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act 4302. Findings; purpose (a) Findings Congress finds the following: (1) Conspiracies among competitors to fix prices, rig bids, and allocate markets are categorically and irredeemably anticompetitive and contravene the competition policy of the United States. (2) Cooperation incentives are important to the efforts of the Antitrust Division of the Department of Justice to prosecute and deter the offenses described in paragraph (1). (b) Purpose The purpose of this Act, and the amendments made by this Act, is to strengthen public and private antitrust enforcement by providing incentives for antitrust violators to cooperate fully with government prosecutors and private litigants through the repeal of the sunset provision of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ( 15 U.S.C. 1 4303. Repeal of sunset provision (a) Repeal Section 211 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ( 15 U.S.C. 1 (b) Technical and conforming amendments (1) Revival and restoration (A) In general Sections 212, 213, and 214 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ( 15 U.S.C. 1 (B) Laws The laws described in this subparagraph are: (i) Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act ( Public Law 111–30 (ii) The Act entitled An Act to amend the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 to extend the operation of such Act, and for other purposes Public Law 111–90 (2) Definitions Section 212 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ( 15 U.S.C. 1 (A) by striking paragraph (6); and (B) by redesignating paragraph (7) as paragraph (6). (c) Applicability (1) Markers and agreements before sunset Notwithstanding the repeal under subsection (a), section 211(b) of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 ( 15 U.S.C. 1 (2) Markers and agreements after sunset The repeal under subsection (a) shall apply to any person who received a marker or entered into an antitrust leniency agreement on or after June 23, 2020. IV Community Services and Supports 4401. Head Start Designation Renewal System Notwithstanding section 638 of the Head Start Act ( 42 U.S.C. 9833 (1) is required to make a determination under paragraph (6) of section 641(c) of such Act ( 42 U.S.C. 9836a(c) (2) cannot make such determination in accordance with such schedule because the Secretary lacks any information described in any of subparagraphs (A) through (E) of section 641(c)(1) of such Act required for the purpose of making such determination, then before December 31, 2020, the Secretary shall extend for not more than 2 years the 5-year period otherwise applicable to the designation of such Head Start agency under such Act. V Budgetary Effects 4501. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards The budgetary effects of division B and each succeeding division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of budgetary effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of division B and each succeeding division shall not be estimated— (1) for purposes of section 251 of such Act; and (2) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. E Department of Veterans Affairs Extensions 5001. Short Title This division may be cited as the Department of Veterans Affairs Expiring Authorities Act of 2020 I Extensions of Authorities Relating to Health Care 5101. Extension of authority for collection of copayments for hospital care and nursing home care Section 1710(f)(2)(B) of title 38, United States Code, is amended by striking September 30, 2020 September 30, 2022 5102. Extension of requirement to provide nursing home care to certain veterans with service connected disabilities Section 1710A(d) of title 38, United States Code, is amended by striking September 30, 2020 September 30, 2022 5103. Extension of authority for transfer of real property Section 8118(a)(5) of title 38, United States Code, is amended by striking September 30, 2020 September 30, 2022 5104. Extension of authority for pilot program on assistance for child care for certain veterans receiving health care (a) Extension of authority Subsection (e) of section 205 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1710 September 30, 2020 September 30, 2022 (b) Authorization of appropriations Subsection (h) of such section is amended by striking and 2020 2020, 2021, and 2022 5105. Extension of authorization of appropriations for grants to veterans service organizations for transportation of highly rural veterans Section 307(d) of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1710 2020 2022 5106. Extension of authority for pilot program on counseling in retreat settings for women veterans newly separated from service (a) Extension of authority Subsection (d) of section 203 of the Caregivers and Veterans Omnibus Health Services Act of 2010 ( Public Law 111–163 38 U.S.C. 1712A September 30, 2020 September 30, 2022 (b) Authorization of appropriations Subsection (f) of such section is amended by striking and 2020 2020, 2021, and 2022 5107. Extension of authority for pilot program on graduate medical education and residency (a) In general Subsection (d) of section 403 of the VA MISSION Act of 2018 ( Public Law 115–182 38 U.S.C. 7302 August 7, 2024 August 7, 2031 (b) Technical correction Subsection (a)(1) of such section is amended by striking authorized under authorized under section 7302 of title 38, United States Code, at covered facilities. 5108. Inspector General of the Department of Veterans Affairs report on administration of internet website on staffing and vacancies Not later than October 31, 2022, and October 31, 2024, and as frequently thereafter as the Inspector General of the Department of Veterans Affairs considers appropriate, the Inspector General shall— (1) review the administration of the internet website required by section 505(a)(1) of the VA MISSION Act of 2018 ( Public Law 115–182 38 U.S.C. 301 (2) develop recommendations for such legislative or administrative action as the Inspector General considers appropriate for such administration; and (3) submit to the Committee on Veterans' Affairs of the Senate and the Committee on Veterans' Affairs of the House of Representatives a report on— (A) the findings of the Inspector General with respect to the most recent review conducted under paragraph (1); and (B) the recommendations most recently developed under paragraph (2). 5109. Extension of temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from Vet Centers Section 104(a) of the Honoring America’s Veterans and Caring for Camp Lejeune Families Act of 2012 ( Public Law 112–154 Public Law 116–61 September 30, 2020 September 30, 2021 II Extensions of Authorities Relating to Benefits 5201. Extension of specially adapted housing assistive technology grant program Section 2108(g) of title 38, United States Code, is amended by striking September 30, 2020 September 30, 2022 5202. Extensions of certain provisions of law (a) Extension of Student Veteran Coronavirus Response Act of 2020 Section 2 of the Student Veteran Coronavirus Response Act of 2020 ( Public Law 116–140 December 21, 2020 December 21, 2021 (b) Extension of period for continuation of Department of Veterans Affairs educational assistance benefits for certain programs of education converted to distance learning by reason of emergencies and health-Related situations Section 1(b) of Public Law 116–128 December 21, 2020 December 21, 2021 5203. Extension of authority to maintain regional office in the Republic of the Philippines Section 315(b) of title 38, United States Code, is amended by striking September 30, 2020 September 30, 2022 5204. Extension of authority to transport individuals to and from Department of Veterans Affairs facilities Section 111A(a)(2) of title 38, United States Code, is amended by striking September 30, 2020 September 30, 2022 5205. Extension of temporary increase in number of judges on United States Court of Appeals for Veterans Claims Section 7253(i)(2) of title 38, United States Code, is amended by striking January 1, 2021 January 1, 2026 III Extensions of Authorities Relating to Homeless Veterans 5301. Extension of authorization of appropriations for homeless veterans reintegration programs Section 2021(e)(1)(F) of title 38, United States Code, is amended by striking 2020 2022 5302. Extension of authorization of appropriations for homeless women veterans and homeless veterans with children reintegration grant program Section 2021A(f)(1) of title 38, United States Code, is amended by striking 2020 2022 5303. Extension of authority for referral and counseling services for veterans at risk of homelessness transitioning from certain institutions Section 2023(d) of title 38, United States Code, is amended by striking September 30, 2020 September 30, 2022 5304. Extension of authority for treatment and rehabilitation for seriously mentally ill and homeless veterans (a) General treatment Section 2031(b) of title 38, United States Code, is amended by striking September 30, 2020 September 30, 2022 (b) Additional services at certain locations Section 2033(d) of such title is amended by striking September 30, 2020 September 30, 2022 5305. Extension of funding for financial assistance for supportive services for very low-income veteran families in permanent housing Section 2044(e)(1) of title 38, United States Code, is amended— (1) in subparagraph (G), by striking through 2021 and 2020 (2) by adding at the end the following new subparagraph: (H) $420,000,000 for each of fiscal years 2021 and 2022. . 5306. Extension of funding for grant program for homeless veterans with special needs Section 2061(d)(1) of title 38, United States Code, is amended by striking 2020 2022 IV Extensions of Other Authorities and Other Matters 5401. Extension of authorization of appropriations for monthly assistance allowance under the Office of National Veterans Sports Programs and Special Events Section 322(d)(4) of title 38, United States Code, is amended by striking 2020 2022 5402. Extension of requirements to provide reports to Congress regarding equitable relief in the case of administrative error Section 503(c) of title 38, United States Code, is amended by striking December 31, 2020 December 31, 2022 5403. Extension and authorization of appropriations for adaptive sports programs for disabled veterans and members of the Armed Forces (a) Authorization of appropriations Subsection (g)(1) of section 521A of title 38, United States Code, is amended— (1) by striking appropriated $8,000,000 (A) $8,000,000 for each of fiscal years 2010 through 2020. ; and (2) by adding at the end the following new subparagraph: (B) $16,000,000 for each of fiscal years 2021 and 2022. . (b) Extension Subsection (l) of such section is amended by striking 2020 2022 5404. Extension of authority to enter into agreement with the National Academy of Sciences regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides Section 3 of the Agent Orange Act of 1991 ( Public Law 102–4 38 U.S.C. 1116 September 30, 2020 September 30, 2022 5405. Modification and extension of authority relating to vendee loan program Section 3733(a) of title 38, United States Code, is amended by adding at the end the following new paragraph: (8) During the period that begins on October 1, 2020, and ends on September 30, 2025, the Secretary shall carry out the provisions of this subsection as if— (A) the references in the first sentence of paragraph (1) to 65 percent may be financed by a loan 85 percent shall be of property marketed with financing to be (B) the second sentence of paragraph (1) were repealed; and (C) the reference in paragraph (2) to September 30, 1990, September 30, 2025, .

Summary: Continuing Appropriations Act, 2021 and Other Extensions Act This bill provides continuing FY2021 appropriations to federal agencies through December 11, 2020, and extends several programs. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2021 appropriations bills have not been enacted when FY2021 begins on October 1, 2020. The CR funds most programs and activities at the FY2020 levels with several exceptions that provide funding flexibility and additional appropriations to various programs. In addition, the bill extends several authorities and programs, including surface transportation programs; public health, Medicare, and Medicaid authorities and programs; several authorities related to veterans benefits; the National Flood Insurance Program; the Appalachian Regional Commission; the U.S. Parole Commission; the Temporary Assistance for Needy Families (TANF) program; and several authorities related to immigration. The bill also includes provisions that increase and expand U.S. Citizenship and Immigration Services fees for providing premium processing services for certain immigration-related applications, and reauthorize a program that provides incentives (e.g., limitations on civil liability) for corporations to self-report antitrust violations to the Department of Justice.