Continuing Appropriations Act, 2021 and Other Extensions Act

Bill: 116-hr-8337
Sponsor: Rep. Lowey, Nita M. [D-NY-17]
Introduced: 2020-09-22 in the House
Policy area: Economics and Public Finance
Subjects: Administrative remedies
Advisory bodies
Aging
Agricultural marketing and promotion
Agricultural prices, subsidies, credit
Alternative and renewable resources
Appalachian Regional Commission
Appropriations
Architect of the Capitol
Asia
Athletes
Aviation and airports
Bankruptcy
Blood and blood diseases
Border security and unlawful immigration
Cardiovascular and respiratory health
Census and government statistics
Centers for Disease Control and Prevention (CDC)
Child care and development
Child health
Coast guard
Community life and organization
Competition and antitrust
Computer security and identity theft
Congressional agencies
Congressional operations and organization
Congressional oversight
Corporation for National and Community Service
Criminal investigation, prosecution, interrogation
Criminal procedure and sentencing
Defense spending
Department of Agriculture
Department of Commerce
Department of Defense
Department of Energy
Department of Health and Human Services
Department of Homeland Security
Department of Housing and Urban Development
Department of State
Department of Transportation
Department of Veterans Affairs
Department of the Interior
Digestive and metabolic diseases
Diplomacy, foreign officials, Americans abroad
Disability and paralysis
Disability assistance
Disaster relief and insurance
District of Columbia
Drug safety, medical device, and laboratory regulation
Drug therapy
Education programs funding
Electric power generation and transmission
Elementary and secondary education
Emergency medical services and trauma care
Employee leave
Environmental health
Executive Office of the President
Executive agency funding and structure
Federal Emergency Management Agency (FEMA)
Floods and storm protection
Food and Drug Administration (FDA)
Food assistance and relief
Foreign labor
Forests, forestry, trees
General Services Administration
Georgia
Government Accountability Office (GAO)
Government corporations and government-sponsored enterprises
Government employee pay, benefits, personnel management
Government information and archives
Government lending and loan guarantees
Government studies and investigations
Government trust funds
Grain
Great Lakes
Hazardous wastes and toxic substances
Health care costs and insurance
Health care coverage and access
Health care quality
Health facilities and institutions
Health information and medical records
Health personnel
Health programs administration and funding
Health promotion and preventive care
Higher education
Home and outpatient care
Homelessness and emergency shelter
Hospital care
House of Representatives
Housing and community development funding
Housing finance and home ownership
Housing for the elderly and disabled
Hunting and fishing
Immigration status and procedures
Infectious and parasitic diseases
Interest, dividends, interest rates
Internet and video services
Internet, web applications, social media
Judges
Land transfers
Library of Congress
Long-term, rehabilitative, and terminal care
Low- and moderate-income housing
Marine and inland water transportation
Medicaid
Medical education
Medical research
Medical tests and diagnostic methods
Medicare
Members of Congress
Mental health
Military education and training
Military personnel and dependents
Military procurement, research, weapons development
Mining
National Archives and Records Administration
National Institutes of Health (NIH)
Nursing
Nutrition and diet
Office of Personnel Management (OPM)
Oil and gas
Parks, recreation areas, trails
Pest management
Philippines
Physical fitness and lifestyle
Poverty and welfare assistance
Preschool education
Prescription drugs
Presidents and presidential powers, Vice Presidents
Public contracts and procurement
Public transit
Railroads
Research administration and funding
Roads and highways
Rural conditions and development
Sales and excise taxes
Sex and reproductive health
Small Business Administration
Small business
Specialized courts
Sri Lanka
State and local government operations
Tennessee
Transportation costs
Transportation programs funding
Transportation safety and security
User charges and fees
Veterans' education, employment, rehabilitation
Veterans' medical care
Veterans' organizations and recognition
Visas and passports
Water quality
Water resources funding
Water use and supply
Women's health
Worker safety and health

Summary:
action_date: 2020-09-22
text: 

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; 
 
 authorities to waive certain requirements for nutrition programs;
 
 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 
 
 
accelerate reimbursements to the Commodity Credit Corporation (CCC) for net realized losses to allow the Department of Agriculture (USDA) to continue making certain payments to farmers,
 
prohibit USDA from using CCC funds to provide payments or support to fossil fuel refiners and importers, 
 
expand nutrition assistance programs, 
 
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.
 

action_date: 2020-09-22
text: 

Continuing Appropriations Act, 2021 and Other Extensions Act

 
This bill provides continuing FY2021 appropriations to federal agencies and extends expiring programs that address health care, surface transportation, agriculture, veterans benefits, and other issues.
 
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2021
 

Continuing Appropriations Act, 2021

 
This division provides continuing FY2021 appropriations to federal agencies through December 11, 2020.
 
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.
 
(Sec. 101) This section provides FY2021 appropriations to federal agencies for continuing projects or activities at the levels and under the conditions included in specified FY2020 appropriations Acts. It also specifies exceptions and extends several immigration-related programs and authorities.
 
(Sec. 102) This section prohibits the Department of Defense (DOD) from using funds provided by the CR for the new or accelerated production of certain projects for which funding was not provided in FY2020. It also prohibits DOD from initiating certain multiyear procurements.
 
(Sec. 103) This section specifies that funds provided by section 101 shall be available to the extent and in the manner that would be provided in the pertinent appropriations Act.
 
(Sec. 104) This section prohibits appropriations provided by section 101 from being used to initiate or resume any project or activity that was not funded during FY2020.
 
(Sec. 105) This section specifies that appropriations provided by the CR are to be used to conduct FY2021 activities and programs during the period of the CR.
 
(Sec. 106) This section continues the appropriations provided by this division through the earlier of December 11, 2020, or the enactment of the applicable appropriations legislation.
 
(Sec. 107) This section requires expenditures for activities funded in this division to be charged to the full-year appropriations bill and relevant account when the applicable appropriations bill becomes law.
 
(Sec. 108) This section waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations Acts.
 
(Sec. 109) This section limits disbursements for programs that would otherwise have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.
 
(Sec. 110) This section requires this division be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.
 
(Sec. 111) This section specifies that funding for appropriated entitlements and other mandatory payments with funding provided in an FY2020 appropriations bill shall be continued at the rate to maintain program levels under current law. It also allows some of the programs to continue operating for an additional 30 days beyond the period of the CR.
 
(Sec. 112) This section permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate for operations necessary to avoid furloughs. It also requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.
 
(Sec. 113) This section permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.
 
(Sec. 114) This section extends designations for Overseas Contingency Operations/ Global War on Terrorism, disaster relief, and emergency requirements to funds provided by this division that previously carried those designations.
 
(Sec. 115) This section sets forth requirements for the treatment of rescissions when federal agencies implement the funding levels provided by the CR.
 
(Sec. 116) This section makes appropriations available to the Rural Utilities Service Rural Water and Waste Disposal Program Account for direct and guaranteed loans.
 
(Sec. 117) This section allows the Food and Nutrition Service to spend at a higher rate to ensure that summer food for children demonstration projects (e.g., the Summer Electronic Benefit Transfer program) can be fully operational by May 2021.
 
(Sec. 118) This section allows a higher spending rate for the Department of Agriculture (USDA) Commodity Supplemental Food Program to maintain the current program caseload.
 
(Sec. 119) This section allows the Farm Service Agency to spend at a higher rate to accommodate approved applications for direct and guaranteed farm ownership loans.
 
(Sec. 120) This section extends the authority of USDA to require reports on prices, contracts, and other purchasing information from cattle, swine, and sheep packers and processors.
 
(Sec. 121) This section extends the authority of USDA to (1) collect fees for grain inspection and weighing services, and (2) conduct other activities related to grain export and domestic markets.
 
(Sec. 122) This section extends the USDA pilot program to study the growth, cultivation, or marketing of industrial hemp.
 
(Sec. 123) This section allows the Food and Drug Administration to collect certain user fees to support reviewing over-the-counter drugs and regulating production facilities.
 
(Sec. 124) This section specifies the spending rate for the Census Bureau's Periodic Censuses and Programs account. It also allow a higher spending rate for operations necessary to conduct the 2020 Decennial Census Program.
 
(Sec. 125) This section makes apportioned funding available for the Columbia-class submarine procurement program during the period of the CR and allows the Navy to enter into a contract for the procurement of up to two Columbia-class submarines. It also allows incremental funding to be used to make payments under the contract. If such a contract is terminated, the total liability of the federal government is limited to the total amount of funding obligated to the contract at the time of termination.
 
(Sec. 126) This section extends the availability of funding provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) for the DOD Inspector General.
 
(Sec. 127) This section prohibits funds from being transferred from the Western Area Power Administration (WAPA) Colorado River Basins Power Marketing Fund to the general fund of the Treasury.
 
(Sec. 128) This section extends the authority of the Bureau of Reclamation to provide certain emergency drought assistance.
 
(Sec. 129) This section allows schools participating in the District of Columbia's voucher program an additional year to become accredited.
 
(Sec. 130) This section allows the District to spend FY2021 funds received from local tax revenues and other nonfederal sources at the rate included in the Fiscal Year 2021 Local Budget Act of 2020.
 
(Sec. 131) This section provides appropriations to the District for costs associated with the presidential inauguration.
 
(Sec. 132) This section allows a higher spending rate for the Small Business Administration (SBA) to accommodate increased demand for 7(a) small business loans and the Small Business Investment Company (SBIC) program.
 
(Sec. 133) This section allows a higher spending rate for the SBA continue to process and service disaster loans.
 
(Sec. 134) This section provides appropriations to the General Services Administration (GSA) for costs associated with a presidential transition.
 
(Sec. 135) This section allows a higher spending rate for the GSA to maintain monthly rentals of office space.
 
(Sec. 136) This section provides appropriations for the Executive Office of the President to provide administrative support for a presidential transition.
 
(Sec. 137) This section provides appropriations to the National Archives and Records Administration for costs related to taking custody of presidential records and artifacts during a presidential transition.
 
(Sec. 138) This section allows a higher spending rate for the Office of Personnel Management to cover any expected shortfall in administrative expenses resulting from the transfer of the National Background Investigations Bureau function to DOD.
 
(Sec. 139) This section extends the term of certain bankruptcy judgeships.
 
(Sec. 140) This section extends the authority of federal agencies to reimburse contractors for certain leave paid to employees or subcontractors due to facility closures or other restrictions as a result of the COVID-19 (i.e., coronavirus disease 2019) public health emergency.
 
(Sec. 141) This section allows the Department of Homeland Security to implement an account restructuring proposal that eliminates the Working Capital Fund.
 
(Sec. 142) This section authorizes the Coast Guard to use Operations and Support appropriations to pay the salaries of certain employees who are usually paid through fee collections, which have decreased during the COVID-19 pandemic.
 
(Sec. 143) This section extends the authorization for the Great Lakes Pilotage Advisory Committee during the period of the CR.
 
(Sec. 144) This section permits the Cybersecurity and Infrastructure Security Agency to use a new account and budget structure.
 
(Sec. 145) This section allows the Federal Emergency Management Agency (FEMA) to access the entire Disaster Relief Fund appropriation for FY2021 to carry out response and recovery activities for declared disasters.
 
(Sec. 146) This section extends the authority for the National Flood Insurance Program through FY2021.
 
(Sec. 147) This section reduces discretionary funding from the Land and Water Conservation Fund. (Under the Great American Outdoors Act, the funds are now mandatory spending, which does not have to be funded through the annual appropriations process.)
 
(Sec. 148) This section allows the Forest Service to implement a new account and budget structure required by Congress.
 
(Sec. 149) This section extends funding for the Temporary Assistance for Needy Families (TANF) program and the Child Care Entitlement to States program during the period of the CR.
 
(Sec. 150) This section extends the availability of funding for the Centers for Disease Control and Prevention to replace a mine safety research facility
 
(Sec. 151) This section adjusts a rescission and delayed obligation of certain funding authorized under the Children's Health Insurance Program (CHIP).
 
(Sec. 152) This section extends the availability of funding for certain multiyear research grants that are supported by the National Institutes of Health and were interrupted by COVID-19.
 
(Sec. 153) This section extends the authority for the Rehabilitation Services Administration Automated Personalization Computing Project.
 
(Sec. 154) This section extends the authorization for the Department of Education's National Advisory Committee on Institutional Quality and Integrity.
 
(Sec. 155) This section extends the authority of the Department of Education to use mandatory funds for account maintenance fees payable to guaranty agencies.
 
(Sec. 156) This section makes a technical correction to a provision in the CARES Act regarding appropriations for the Corporation for National and Community Service.
 
(Sec. 157 This section provides appropriations for the death gratuity for the beneficiary of the late Representative John R. Lewis.
 
(Sec. 158) This section provides appropriations for the House of Representatives Salaries and Expenses account.
 
(Sec. 159) This section extends the authorities for the Library of Congress (LOC), the Government Accountability Office (GAO), and the Architect of the Capitol (AOC) to reimburse contractors for the salaries of employees who are furloughed or unable to work due to the COVID-19 outbreak.
 
The provision applies to employees of the Little Scholars Child Development Center at the LOC, the Tiny Findings Child Development Center at the GAO, and contractors that have a service contract with the AOC.
 
(Sec. 160) This section allows the LOC to extend certain contracts that were delayed or otherwise affected by COVID-19.
 
(Sec. 161) This section makes a technical correction to a provision in the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2020 regarding the advance appropriation for the Department of Veterans Affairs (VA) Compensation and Pensions account.
 
(Sec. 162) This section allows a higher spending rate for the VA to maintain support activities related to the implementation and maintenance of the Veterans Electronic Health Record system.
 
(Sec. 163) This section allows certain funds provided to the Veterans Health Administration by the CARES Act to be transferred to the Canteen Services Revolving Fund to offset losses to Veterans Canteen Services collections as a result of the COVID-19 pandemic.
 
(Sec. 164) This section allows the Department of State to obligate funding provided for the Repatriation Loans Program account at a rate for operations necessary to accommodate increases in demand for repatriation loans.
 
(Sec. 165) This section extends the authority of the State Department to use passport and immigration visa security surcharges for the costs of providing consular services.
 
(Sec. 166) This section expands the purposes for which the State Department's Western Hemisphere Travel Initiative passport surcharge may be used to include the costs of providing consular services. This section also allows certain funds to be transferred into the Consular and Border Security Programs account for the purpose of sustaining consular operations.
 
(Sec. 167) This section allows appropriations to be used to provide assistance to Sri Lanka without being subject to certain congressional certification requirements.
 
The funding may be used for the following purposes:
 
 
disaster relief;
 
to protect human rights, locate and identify missing persons, and assist victims of torture;
 
to promote justice, accountability, and reconciliation;
 
to enhance maritime security and domain awareness; and
 
for International Military Education and Training.
 
 
(Sec. 168) This section extends the authorization for the U.S. Advisory Commission on Public Diplomacy.
 
(Sec. 169) This section extends obligation deadlines for certain Department of Transportation National Infrastructure Investments grants (also known as Better Utilizing Investments to Leverage Development or BUILD grants).
 
(Sec. 170) This section expands the authority for the Government National Mortgage Association (Ginnie Mae) to guarantee securities backed by federal mortgages in order to accommodate increased demand due to lower mortgage interest rates.
 
(Sec. 171) This section extends the liquidation period for certain Choice Neighborhoods Initiative grants from FY2013.
 
(Sec. 172) This section allows a higher rate of spending for the Department of Housing and Urban Development's Housing for the Elderly programs to (1) maintain project rental assistance for the elderly and (2) continue the Integrated Wellness in Supportive Housing (IWISH) demonstration program.
 
(Sec. 173) This section accelerates reimbursements to the Commodity Credit Corporation for net realized losses to allow USDA to continue making certain payments to farmers.
 
DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION
 
TITLE I--SURFACE TRANSPORTATION PROGRAMS
 
(Sec. 1101) This section extends FY2020 enacted levels through FY2021 for federal highway, transit, and road safety programs of the Department of Transportation (DOT).
 
(Sec. 1102) This section increases the cap from $500 million to $600 million on the amount of funding for nationally significant freight and highway projects. It also extends authority through FY2021 for DOT to provide funding for such projects.
 
(Sec. 1103) This section revises and extends authority through FY2021 for the National Highway Traffic Safety Administration to carry out collaborative research on in-vehicle technology to prevent alcohol-impaired driving.
 
(Sec. 1104) This section eliminates a provision related to federal funding to cover operating losses associated with providing food and beverage service on National Railroad Passenger Corporation (Amtrak) routes. It also extends authority through FY2021 for DOT to provide direct loans or loan guarantees for railroad rehabilitation and development near rail stations.
 
(Sec. 1105) Automatic adjustments to highway and mass transit authorizations for new deposits into the Highway Trust Fund shall not apply to funds provided under this division of the bill.
 
(Sec. 1106) This section prohibits the use of funds in FY2021 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.
 
(Sec. 1107) This section reauthorizes and extends through FY2021 the Appalachian Regional Commission, including for the economic and energy development and high-speed broadband deployment initiatives.
 
TITLE II--TRUST FUNDS
 
(Sec. 1201) This section extends expenditure authority though September 30, 2021, for the Highway Trust Fund.
 
(Sec. 1202) This section extends expenditure authority though September 30, 2021, for the Sport Fish Restoration and Boating Trust Fund.
 
(Sec. 1203) This section extends expenditure authority though September 30, 2021, for the Leaking Underground Storage Tank Trust Fund.
 
(Sec. 1204) This section provides additional funding for the Highway Account and Mass Transit Account of the Highway Trust Fund.
 
(Sec. 1205) This section provides additional funding for the Airport and Airway Trust Fund.
 
DIVISION C--HEALTH EXTENDERS
 
TITLE I--PUBLIC HEALTH EXTENDERS
 
This title extends funding and other relevant authorities for certain public health grants and programs and makes administrative changes to the operation of the Public Health Service.
 
(Sec. 2101) This section increases funding for, and extends through December 11, 2020, specified programs for community health centers; teaching health centers that operate graduate medical education programs; and the National Health Service Corps, which provides scholarships and student loan repayment programs for health care workers.
 
(Sec. 2102) This section increases funding for, and extends through December 11, 2020, research grants to prevent and cure Type I diabetes and grants for services to prevent and treat diabetes among Native Americans.
 
(Sec. 2103) This section extends through December 11, 2020, funding for certain grants for states to educate adolescents on the prevention of pregnancy and sexually transmitted infections.
 
(Sec. 2104) This section extends through December 11, 2020, funding for certain grants for states to implement sexual risk avoidance (i.e., abstinence) education.
 
(Sec. 2105) This section extends through December 11, 2020, the authority of the Food and Drug Administration to designate a rare pediatric disease drug application as eligible for a priority review voucher.
 
(Sec. 2106) This section temporarily authorizes commissioned officers of the Public Health Service to carry over more than 60 days of annual leave. Such leave may not be used after September 30, 2023.
 
TITLE II--MEDICARE EXTENDERS
 
(Sec. 2202) This section extends funding for certain Medicare quality-measurement activities.
 
(Sec. 2203) This section extends funding for state health insurance programs, area agencies on aging, aging and disability resource centers, and technical assistance related to outreach and enrollment.
 
TITLE III--MEDICAID EXTENDERS
 
(Sec. 2301) This section extends the Money Follows the Person Rebalancing Demonstration Program. (Under this program, the Centers for Medicare & Medicaid Services (CMS) may award grants to state Medicaid programs to assist states in increasing the use of home and community care for long-term care and decreasing the use of institutional care.)
 
(Sec. 2302) This section extends the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home- and community-based services.
 
(Sec. 2303) This section delays certain reductions to Medicaid disproportionate-share hospital allotments.
 
(Sec. 2304) This section extends the Medicaid demonstration program for certified community behavioral health clinics.
 
TITLE IV--MEDICARE PART B PREMIUM ADJUSTMENT
 
(Sec. 2401) This section establishes a specific methodology for determining Medicare premiums for 2021. Under the methodology, the 2021 rate must be based on the 2020 rate, plus 25% of the difference between the 2020 rate and a preliminary 2021 rate (as determined by the CMS).
 
TITLE V--ACCELERATED AND ADVANCE PAYMENT PROGRAMS
 
(Sec. 2501) This section establishes and otherwise modifies requirements for the Medicare Accelerated and Advance Payment Program and for certain comparable programs during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019).
 
Specifically, the section delays recoupment and full repayment for 12 months and 29 months, respectively. It also caps recoupments to 25% and 50% for the first 11 months and the next 6 months, respectively, and caps the applicable interest rate on repayments at 4%.
 
TITLE VI--OFFSETS
 
(Sec. 2601) This section specifically includes in the Medicaid Drug Rebate Program covered outpatient drugs that are used in medication-assisted treatment for opioid-use disorders.
 
(Sec. 2602) This section delays the scheduled reduction in available funding for the Medicaid Improvement Fund to FY2023 and increases the funds available for state activities relating to mechanized claims systems beginning in FY2025.
 
DIVISION D--OTHER MATTERS
 
TITLE I--EMERGENCY STOPGAP USCIS STABILIZATION ACT
 

Emergency Stopgap USCIS Stabilization Act

 
This title expands Department of Homeland Security (DHS) authority to provide premium processing services for certain immigration-related petitions and applications and contains other related provisions.
 
(Sec. 4102) DHS may collect a fee to provide premium processing of an application for any immigration benefit that DHS considers appropriate, subject to certain requirements. Currently, DHS only has statutory authority to provide premium processing for employment-based petitions and applications.
 
Under current law, DHS must use such premium fees to provide premium processing services and make infrastructure improvements. Under this title, such fees shall be used for these purposes and other activities that offset the cost of providing adjudication and naturalization services.
 
DHS may suspend premium processing only if circumstances prevent the timely processing of a significant number of the petitions or applications. DHS shall provide those who have requested premium processing with access to case status information and communications channels to the premium processing units.
 
DHS may expand premium processing to certain immigrant benefits and set fees for such processing without following certain rulemaking procedures if DHS meets certain requirements, such as limiting the premium fee to specified amounts.
 
The title also increases the fees charged for premium processing. DHS may, subject to requirements, biennially adjust premium fees to reflect inflation without following certain rulemaking requirements.
 
(Sec. 4103) DHS shall report to Congress a five-year plan to improve processing times for all immigration and naturalization benefit requests and to implement electronic-based communications, payment acceptance, and filing procedures for such requests.
 
TITLE II--UNITED STATES PAROLE COMMISSION EXTENSION
 

United States Parole Commission Extension Act of 2020

 
(Sec. 4202) This section extends for two years the authority and functions of the U.S. Parole Commission. Currently, the commission's authority is set to expire on October 31, 2020.
 
(Sec. 4203) This section extends through FY2022 provisions requiring the commission to (1) annually report certain data to Congress, including the number of offenders of each type in its jurisdiction; and (2) report to Congress regarding the parole failure rate for the District of Columbia.
 
TITLE III--ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM PERMANENT EXTENSION ACT
 

Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act

 
(Sec. 4303) This title permanently authorizes and restores into effect the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) of 2004. ACPERA, which expired on June 22, 2020, provides incentives (e.g., limitations on civil liability) for corporations to self-report criminal conduct to the Antitrust Division within the Department of Justice.
 
TITLE IV--COMMUNITY SERVICES AND SUPPORTS
 
(Sec. 4401) This title authorizes the Department of Health and Human Services to extend the designations of Head Start agencies for up to two years if it does not have the information necessary for renewals required before December 31, 2020. Currently, designations last for five years.
 
TITLE V--BUDGETARY EFFECTS
 
(Sec. 4501) This title exempts the budgetary effects of division B and each succeeding division of this bill from Pay-As-You-Go (PAYGO) rules and certain budget scorekeeping guidelines.
 
TITLE VI--NUTRITION AND COMMODITIES PROGRAMS
 
(Sec. 4601) This section extends through FY2021 the authority for the Pandemic Electronic Benefit Transfer program. Under the program, the Department of Agriculture (USDA) may approve state plans to provide emergency Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits to households with children who would otherwise receive free or reduced-price school meals if their schools were not closed due to the COVID-19 (i.e., coronavirus disease 2019) public health emergency. (Under current law, the child's school must be closed for at least five consecutive days for the household to be eligible for benefits, and states may provide the benefits using the Electronic Benefit Transfer system.)
 
It also expands the program to include children at child care facilities affected by the closures and at schools with reduced attendance hours.
 
(Sec. 4602) This section extends through FY2021 authority for USDA to allow certain waivers to requirements for its food and nutrition programs due to COVID-19, including waivers under the National School Lunch Program and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
 
(Sec. 4603) This section extends existing SNAP flexibilities for states during the COVID-19 public health emergency. Specifically, the bill authorizes states to extend SNAP certification periods and adjust periodic reporting and interview requirements through June 30, 2021, for some or all participating households without USDA approval. Additionally, states may allow household reporting requirements to satisfy the recertification requirements for some or all participating households with recertification periods set to expire on or before December 31, 2021.
 
The section also requires USDA to allow states to suspend certain requirements for quality control reviews from June 1, 2020, through September 30, 2021.
 
(Sec. 4604) This section prohibits USDA from using funds, facilities, or authorities of the Commodity Credit Corporation or USDA to pay or otherwise support fossil fuel refiners and importers. The prohibition does not apply to biofuel companies.
 
 DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS
 
 
Department of Veterans Affairs Expiring Authorities Act of 2020 

 
This division extends authorities for various Department of Veterans Affairs (VA) programs.
 
TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE
 
(Sec. 5101) This section extends through FY2022 the authority for collection of co-payments from veterans for hospital care and nursing home care.
 
(Sec. 5102) This section extends through FY2022 the requirement that the VA provide nursing home care to certain veterans with a service-connected disability.
 
(Sec. 5103) This section extends through FY2022 the authority of the VA to transfer real property to other agencies, states, or public or private entities.
 
(Sec. 5104) This section extends through FY2022 the authority for the VA pilot program on assistance for child care for certain veterans receiving health care.
 
(Sec. 5105) This section reauthorizes through FY2022 grants that go to Veterans Service Organizations for the transportation of highly rural veterans to VA medical centers.
 
(Sec. 5106) This section extends through FY2022 the authority for the VA pilot program on counseling in retreat settings for women veterans who are newly separated from service.
 
(Sec. 5107) This section extends through August 7, 2031, the authority for the VA pilot program on graduate medical education and residency.
 
(Sec. 5108) This section requires the Inspector General of the VA to (1) review the administration of the VA's website on staffing and vacancies, (2) develop recommendations for the administration of such site, and (3) submit a report on its findings.
 
(Sec. 5109) This section extends through FY2021 the temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from Vet Centers.
 
TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS
 
(Sec. 5201) This section extends through FY2022 the authority of the VA to make grants for specially adapted housing assistive technology.
 
(Sec. 5202) This section extends the covered period during which certain adjustments for veterans' education benefits apply to December 21, 2021.
 
(Sec. 5203) This section extends through FY2022 the authority of the VA to maintain a regional office in the Republic of the Philippines.
 
(Sec. 5204) This section extends through FY2022 the authority of the VA to transport individuals to and from VA facilities for required vocational rehabilitation or counseling, examination, treatment, or care.
 
(Sec. 5205) This section extends through January 1, 2026, the temporary increase in the number of judges on the U.S. Court of Appeals for Veterans Claims.
 
TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS
 
(Sec. 5301) This section reauthorizes through FY2022 homeless veterans reintegration programs conducted by the Department of Labor.
 
(Sec. 5302) This section reauthorizes through FY2022 a grant program that provides dedicated services for homeless women veterans and homeless veterans with children.
 
(Sec. 5303) This section extends through FY2022 the authority of the VA and Labor to enter contracts to provide referrals and counseling services for veterans who are at risk of homelessness and transitioning from penal institutions or institutions that provide long-term care for mental illness.
 
(Sec. 5304) This section extends through FY2022 the authority of the VA to provide outreach, treatment, and rehabilitation for seriously mentally ill and homeless veterans. Additionally, the section extends the authority of the VA to operate a program to establish centers for the provision of comprehensive services to homeless veterans.
 
(Sec. 5305) This section reauthorizes through FY2022 the Supportive Services for Veterans Families program, which provides financial assistance for supportive services for very low-income veteran families in permanent housing or transitioning from homelessness.
 
(Sec. 5306) This section reauthorizes through FY2022 the VA program to provide grants to entities to encourage the development of programs for homeless veterans with special needs.
 
TITLE IV--EXTENSIONS OF OTHER AUTHORITIES AND OTHER MATTERS
 
(Sec. 5401) This section reauthorizes through FY2022 the monthly assistance allowances available to certain disabled veterans under the Office of National Veterans Sports Programs and Special Events.
 
(Sec. 5402) This section extends through December 31, 2022, the requirement for the VA to submit a report containing a statement for each case recommended to the VA for equitable relief due to administrative error.
 
(Sec. 5403) This section reauthorizes through FY2022 the VA program to provide grants to entities planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and members of the Armed Forces.
 
(Sec. 5404) This section extends through FY2022 the authority of the VA to enter into an agreement with the National Academy of Sciences to review and evaluate scientific evidence regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides.
 
(Sec. 5405) This section modifies and extends authority through FY2025 in relation to the VA vendee loan program.

action_date: 2020-09-30
text: 

Continuing Appropriations Act, 2021 and Other Extensions Act

 
This bill provides continuing FY2021 appropriations to federal agencies and extends expiring programs that address health care, surface transportation, agriculture, veterans benefits, and other issues.
 
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2021
 

Continuing Appropriations Act, 2021

 
This division provides continuing FY2021 appropriations to federal agencies through December 11, 2020.
 
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.
 
(Sec. 101) This section provides FY2021 appropriations to federal agencies for continuing projects or activities at the levels and under the conditions included in specified FY2020 appropriations Acts. It also specifies exceptions and extends several immigration-related programs and authorities.
 
(Sec. 102) This section prohibits the Department of Defense (DOD) from using funds provided by the CR for the new or accelerated production of certain projects for which funding was not provided in FY2020. It also prohibits DOD from initiating certain multiyear procurements.
 
(Sec. 103) This section specifies that funds provided by section 101 shall be available to the extent and in the manner that would be provided in the pertinent appropriations Act.
 
(Sec. 104) This section prohibits appropriations provided by section 101 from being used to initiate or resume any project or activity that was not funded during FY2020.
 
(Sec. 105) This section specifies that appropriations provided by the CR are to be used to conduct FY2021 activities and programs during the period of the CR.
 
(Sec. 106) This section continues the appropriations provided by this division through the earlier of December 11, 2020, or the enactment of the applicable appropriations legislation.
 
(Sec. 107) This section requires expenditures for activities funded in this division to be charged to the full-year appropriations bill and relevant account when the applicable appropriations bill becomes law.
 
(Sec. 108) This section waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations Acts.
 
(Sec. 109) This section limits disbursements for programs that would otherwise have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.
 
(Sec. 110) This section requires this division be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.
 
(Sec. 111) This section specifies that funding for appropriated entitlements and other mandatory payments with funding provided in an FY2020 appropriations bill shall be continued at the rate to maintain program levels under current law. It also allows some of the programs to continue operating for an additional 30 days beyond the period of the CR.
 
(Sec. 112) This section permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate for operations necessary to avoid furloughs. It also requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.
 
(Sec. 113) This section permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.
 
(Sec. 114) This section extends designations for Overseas Contingency Operations/ Global War on Terrorism, disaster relief, and emergency requirements to funds provided by this division that previously carried those designations.
 
(Sec. 115) This section sets forth requirements for the treatment of rescissions when federal agencies implement the funding levels provided by the CR.
 
(Sec. 116) This section makes appropriations available to the Rural Utilities Service Rural Water and Waste Disposal Program Account for direct and guaranteed loans.
 
(Sec. 117) This section allows the Food and Nutrition Service to spend at a higher rate to ensure that summer food for children demonstration projects (e.g., the Summer Electronic Benefit Transfer program) can be fully operational by May 2021.
 
(Sec. 118) This section allows a higher spending rate for the Department of Agriculture (USDA) Commodity Supplemental Food Program to maintain the current program caseload.
 
(Sec. 119) This section allows the Farm Service Agency to spend at a higher rate to accommodate approved applications for direct and guaranteed farm ownership loans.
 
(Sec. 120) This section extends the authority of USDA to require reports on prices, contracts, and other purchasing information from cattle, swine, and sheep packers and processors.
 
(Sec. 121) This section extends the authority of USDA to (1) collect fees for grain inspection and weighing services, and (2) conduct other activities related to grain export and domestic markets.
 
(Sec. 122) This section extends the USDA pilot program to study the growth, cultivation, or marketing of industrial hemp.
 
(Sec. 123) This section allows the Food and Drug Administration to collect certain user fees to support reviewing over-the-counter drugs and regulating production facilities.
 
(Sec. 124) This section specifies the spending rate for the Census Bureau's Periodic Censuses and Programs account. It also allow a higher spending rate for operations necessary to conduct the 2020 Decennial Census Program.
 
(Sec. 125) This section makes apportioned funding available for the Columbia-class submarine procurement program during the period of the CR and allows the Navy to enter into a contract for the procurement of up to two Columbia-class submarines. It also allows incremental funding to be used to make payments under the contract. If such a contract is terminated, the total liability of the federal government is limited to the total amount of funding obligated to the contract at the time of termination.
 
(Sec. 126) This section extends the availability of funding provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) for the DOD Inspector General.
 
(Sec. 127) This section prohibits funds from being transferred from the Western Area Power Administration (WAPA) Colorado River Basins Power Marketing Fund to the general fund of the Treasury.
 
(Sec. 128) This section extends the authority of the Bureau of Reclamation to provide certain emergency drought assistance.
 
(Sec. 129) This section allows schools participating in the District of Columbia's voucher program an additional year to become accredited.
 
(Sec. 130) This section allows the District to spend FY2021 funds received from local tax revenues and other nonfederal sources at the rate included in the Fiscal Year 2021 Local Budget Act of 2020.
 
(Sec. 131) This section provides appropriations to the District for costs associated with the presidential inauguration.
 
(Sec. 132) This section allows a higher spending rate for the Small Business Administration (SBA) to accommodate increased demand for 7(a) small business loans and the Small Business Investment Company (SBIC) program.
 
(Sec. 133) This section allows a higher spending rate for the SBA continue to process and service disaster loans.
 
(Sec. 134) This section provides appropriations to the General Services Administration (GSA) for costs associated with a presidential transition.
 
(Sec. 135) This section allows a higher spending rate for the GSA to maintain monthly rentals of office space.
 
(Sec. 136) This section provides appropriations for the Executive Office of the President to provide administrative support for a presidential transition.
 
(Sec. 137) This section provides appropriations to the National Archives and Records Administration for costs related to taking custody of presidential records and artifacts during a presidential transition.
 
(Sec. 138) This section allows a higher spending rate for the Office of Personnel Management to cover any expected shortfall in administrative expenses resulting from the transfer of the National Background Investigations Bureau function to DOD.
 
(Sec. 139) This section extends the term of certain bankruptcy judgeships.
 
(Sec. 140) This section extends the authority of federal agencies to reimburse contractors for certain leave paid to employees or subcontractors due to facility closures or other restrictions as a result of the COVID-19 (i.e., coronavirus disease 2019) public health emergency.
 
(Sec. 141) This section allows the Department of Homeland Security to implement an account restructuring proposal that eliminates the Working Capital Fund.
 
(Sec. 142) This section authorizes the Coast Guard to use Operations and Support appropriations to pay the salaries of certain employees who are usually paid through fee collections, which have decreased during the COVID-19 pandemic.
 
(Sec. 143) This section extends the authorization for the Great Lakes Pilotage Advisory Committee during the period of the CR.
 
(Sec. 144) This section permits the Cybersecurity and Infrastructure Security Agency to use a new account and budget structure.
 
(Sec. 145) This section allows the Federal Emergency Management Agency (FEMA) to access the entire Disaster Relief Fund appropriation for FY2021 to carry out response and recovery activities for declared disasters.
 
(Sec. 146) This section extends the authority for the National Flood Insurance Program through FY2021.
 
(Sec. 147) This section reduces discretionary funding from the Land and Water Conservation Fund. (Under the Great American Outdoors Act, the funds are now mandatory spending, which does not have to be funded through the annual appropriations process.)
 
(Sec. 148) This section allows the Forest Service to implement a new account and budget structure required by Congress.
 
(Sec. 149) This section extends funding for the Temporary Assistance for Needy Families (TANF) program and the Child Care Entitlement to States program during the period of the CR.
 
(Sec. 150) This section extends the availability of funding for the Centers for Disease Control and Prevention to replace a mine safety research facility
 
(Sec. 151) This section adjusts a rescission and delayed obligation of certain funding authorized under the Children's Health Insurance Program (CHIP).
 
(Sec. 152) This section extends the availability of funding for certain multiyear research grants that are supported by the National Institutes of Health and were interrupted by COVID-19.
 
(Sec. 153) This section extends the authority for the Rehabilitation Services Administration Automated Personalization Computing Project.
 
(Sec. 154) This section extends the authorization for the Department of Education's National Advisory Committee on Institutional Quality and Integrity.
 
(Sec. 155) This section extends the authority of the Department of Education to use mandatory funds for account maintenance fees payable to guaranty agencies.
 
(Sec. 156) This section makes a technical correction to a provision in the CARES Act regarding appropriations for the Corporation for National and Community Service.
 
(Sec. 157 This section provides appropriations for the death gratuity for the beneficiary of the late Representative John R. Lewis.
 
(Sec. 158) This section provides appropriations for the House of Representatives Salaries and Expenses account.
 
(Sec. 159) This section extends the authorities for the Library of Congress (LOC), the Government Accountability Office (GAO), and the Architect of the Capitol (AOC) to reimburse contractors for the salaries of employees who are furloughed or unable to work due to the COVID-19 outbreak.
 
The provision applies to employees of the Little Scholars Child Development Center at the LOC, the Tiny Findings Child Development Center at the GAO, and contractors that have a service contract with the AOC.
 
(Sec. 160) This section allows the LOC to extend certain contracts that were delayed or otherwise affected by COVID-19.
 
(Sec. 161) This section makes a technical correction to a provision in the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2020 regarding the advance appropriation for the Department of Veterans Affairs (VA) Compensation and Pensions account.
 
(Sec. 162) This section allows a higher spending rate for the VA to maintain support activities related to the implementation and maintenance of the Veterans Electronic Health Record system.
 
(Sec. 163) This section allows certain funds provided to the Veterans Health Administration by the CARES Act to be transferred to the Canteen Services Revolving Fund to offset losses to Veterans Canteen Services collections as a result of the COVID-19 pandemic.
 
(Sec. 164) This section allows the Department of State to obligate funding provided for the Repatriation Loans Program account at a rate for operations necessary to accommodate increases in demand for repatriation loans.
 
(Sec. 165) This section extends the authority of the State Department to use passport and immigration visa security surcharges for the costs of providing consular services.
 
(Sec. 166) This section expands the purposes for which the State Department's Western Hemisphere Travel Initiative passport surcharge may be used to include the costs of providing consular services. This section also allows certain funds to be transferred into the Consular and Border Security Programs account for the purpose of sustaining consular operations.
 
(Sec. 167) This section allows appropriations to be used to provide assistance to Sri Lanka without being subject to certain congressional certification requirements.
 
The funding may be used for the following purposes:
 
 
disaster relief;
 
to protect human rights, locate and identify missing persons, and assist victims of torture;
 
to promote justice, accountability, and reconciliation;
 
to enhance maritime security and domain awareness; and
 
for International Military Education and Training.
 
 
(Sec. 168) This section extends the authorization for the U.S. Advisory Commission on Public Diplomacy.
 
(Sec. 169) This section extends obligation deadlines for certain Department of Transportation National Infrastructure Investments grants (also known as Better Utilizing Investments to Leverage Development or BUILD grants).
 
(Sec. 170) This section expands the authority for the Government National Mortgage Association (Ginnie Mae) to guarantee securities backed by federal mortgages in order to accommodate increased demand due to lower mortgage interest rates.
 
(Sec. 171) This section extends the liquidation period for certain Choice Neighborhoods Initiative grants from FY2013.
 
(Sec. 172) This section allows a higher rate of spending for the Department of Housing and Urban Development's Housing for the Elderly programs to (1) maintain project rental assistance for the elderly and (2) continue the Integrated Wellness in Supportive Housing (IWISH) demonstration program.
 
(Sec. 173) This section accelerates reimbursements to the Commodity Credit Corporation for net realized losses to allow USDA to continue making certain payments to farmers.
 
DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION
 
TITLE I--SURFACE TRANSPORTATION PROGRAMS
 
(Sec. 1101) This section extends FY2020 enacted levels through FY2021 for federal highway, transit, and road safety programs of the Department of Transportation (DOT).
 
(Sec. 1102) This section increases the cap from $500 million to $600 million on the amount of funding for nationally significant freight and highway projects. It also extends authority through FY2021 for DOT to provide funding for such projects.
 
(Sec. 1103) This section revises and extends authority through FY2021 for the National Highway Traffic Safety Administration to carry out collaborative research on in-vehicle technology to prevent alcohol-impaired driving.
 
(Sec. 1104) This section eliminates a provision related to federal funding to cover operating losses associated with providing food and beverage service on National Railroad Passenger Corporation (Amtrak) routes. It also extends authority through FY2021 for DOT to provide direct loans or loan guarantees for railroad rehabilitation and development near rail stations.
 
(Sec. 1105) Automatic adjustments to highway and mass transit authorizations for new deposits into the Highway Trust Fund shall not apply to funds provided under this division of the bill.
 
(Sec. 1106) This section prohibits the use of funds in FY2021 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.
 
(Sec. 1107) This section reauthorizes and extends through FY2021 the Appalachian Regional Commission, including for the economic and energy development and high-speed broadband deployment initiatives.
 
TITLE II--TRUST FUNDS
 
(Sec. 1201) This section extends expenditure authority though September 30, 2021, for the Highway Trust Fund.
 
(Sec. 1202) This section extends expenditure authority though September 30, 2021, for the Sport Fish Restoration and Boating Trust Fund.
 
(Sec. 1203) This section extends expenditure authority though September 30, 2021, for the Leaking Underground Storage Tank Trust Fund.
 
(Sec. 1204) This section provides additional funding for the Highway Account and Mass Transit Account of the Highway Trust Fund.
 
(Sec. 1205) This section provides additional funding for the Airport and Airway Trust Fund.
 
DIVISION C--HEALTH EXTENDERS
 
TITLE I--PUBLIC HEALTH EXTENDERS
 
This title extends funding and other relevant authorities for certain public health grants and programs and makes administrative changes to the operation of the Public Health Service.
 
(Sec. 2101) This section increases funding for, and extends through December 11, 2020, specified programs for community health centers; teaching health centers that operate graduate medical education programs; and the National Health Service Corps, which provides scholarships and student loan repayment programs for health care workers.
 
(Sec. 2102) This section increases funding for, and extends through December 11, 2020, research grants to prevent and cure Type I diabetes and grants for services to prevent and treat diabetes among Native Americans.
 
(Sec. 2103) This section extends through December 11, 2020, funding for certain grants for states to educate adolescents on the prevention of pregnancy and sexually transmitted infections.
 
(Sec. 2104) This section extends through December 11, 2020, funding for certain grants for states to implement sexual risk avoidance (i.e., abstinence) education.
 
(Sec. 2105) This section extends through December 11, 2020, the authority of the Food and Drug Administration to designate a rare pediatric disease drug application as eligible for a priority review voucher.
 
(Sec. 2106) This section temporarily authorizes commissioned officers of the Public Health Service to carry over more than 60 days of annual leave. Such leave may not be used after September 30, 2023.
 
TITLE II--MEDICARE EXTENDERS
 
(Sec. 2202) This section extends funding for certain Medicare quality-measurement activities.
 
(Sec. 2203) This section extends funding for state health insurance programs, area agencies on aging, aging and disability resource centers, and technical assistance related to outreach and enrollment.
 
TITLE III--MEDICAID EXTENDERS
 
(Sec. 2301) This section extends the Money Follows the Person Rebalancing Demonstration Program. (Under this program, the Centers for Medicare & Medicaid Services (CMS) may award grants to state Medicaid programs to assist states in increasing the use of home and community care for long-term care and decreasing the use of institutional care.)
 
(Sec. 2302) This section extends the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home- and community-based services.
 
(Sec. 2303) This section delays certain reductions to Medicaid disproportionate-share hospital allotments.
 
(Sec. 2304) This section extends the Medicaid demonstration program for certified community behavioral health clinics.
 
TITLE IV--MEDICARE PART B PREMIUM ADJUSTMENT
 
(Sec. 2401) This section establishes a specific methodology for determining Medicare premiums for 2021. Under the methodology, the 2021 rate must be based on the 2020 rate, plus 25% of the difference between the 2020 rate and a preliminary 2021 rate (as determined by the CMS).
 
TITLE V--ACCELERATED AND ADVANCE PAYMENT PROGRAMS
 
(Sec. 2501) This section establishes and otherwise modifies requirements for the Medicare Accelerated and Advance Payment Program and for certain comparable programs during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019).
 
Specifically, the section delays recoupment and full repayment for 12 months and 29 months, respectively. It also caps recoupments to 25% and 50% for the first 11 months and the next 6 months, respectively, and caps the applicable interest rate on repayments at 4%.
 
TITLE VI--OFFSETS
 
(Sec. 2601) This section specifically includes in the Medicaid Drug Rebate Program covered outpatient drugs that are used in medication-assisted treatment for opioid-use disorders.
 
(Sec. 2602) This section delays the scheduled reduction in available funding for the Medicaid Improvement Fund to FY2023 and increases the funds available for state activities relating to mechanized claims systems beginning in FY2025.
 
DIVISION D--OTHER MATTERS
 
TITLE I--EMERGENCY STOPGAP USCIS STABILIZATION ACT
 

Emergency Stopgap USCIS Stabilization Act

 
This title expands Department of Homeland Security (DHS) authority to provide premium processing services for certain immigration-related petitions and applications and contains other related provisions.
 
(Sec. 4102) DHS may collect a fee to provide premium processing of an application for any immigration benefit that DHS considers appropriate, subject to certain requirements. Currently, DHS only has statutory authority to provide premium processing for employment-based petitions and applications.
 
Under current law, DHS must use such premium fees to provide premium processing services and make infrastructure improvements. Under this title, such fees shall be used for these purposes and other activities that offset the cost of providing adjudication and naturalization services.
 
DHS may suspend premium processing only if circumstances prevent the timely processing of a significant number of the petitions or applications. DHS shall provide those who have requested premium processing with access to case status information and communications channels to the premium processing units.
 
DHS may expand premium processing to certain immigrant benefits and set fees for such processing without following certain rulemaking procedures if DHS meets certain requirements, such as limiting the premium fee to specified amounts.
 
The title also increases the fees charged for premium processing. DHS may, subject to requirements, biennially adjust premium fees to reflect inflation without following certain rulemaking requirements.
 
(Sec. 4103) DHS shall report to Congress a five-year plan to improve processing times for all immigration and naturalization benefit requests and to implement electronic-based communications, payment acceptance, and filing procedures for such requests.
 
TITLE II--UNITED STATES PAROLE COMMISSION EXTENSION
 

United States Parole Commission Extension Act of 2020

 
(Sec. 4202) This section extends for two years the authority and functions of the U.S. Parole Commission. Currently, the commission's authority is set to expire on October 31, 2020.
 
(Sec. 4203) This section extends through FY2022 provisions requiring the commission to (1) annually report certain data to Congress, including the number of offenders of each type in its jurisdiction; and (2) report to Congress regarding the parole failure rate for the District of Columbia.
 
TITLE III--ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM PERMANENT EXTENSION ACT
 

Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act

 
(Sec. 4303) This title permanently authorizes and restores into effect the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) of 2004. ACPERA, which expired on June 22, 2020, provides incentives (e.g., limitations on civil liability) for corporations to self-report criminal conduct to the Antitrust Division within the Department of Justice.
 
TITLE IV--COMMUNITY SERVICES AND SUPPORTS
 
(Sec. 4401) This title authorizes the Department of Health and Human Services to extend the designations of Head Start agencies for up to two years if it does not have the information necessary for renewals required before December 31, 2020. Currently, designations last for five years.
 
TITLE V--BUDGETARY EFFECTS
 
(Sec. 4501) This title exempts the budgetary effects of division B and each succeeding division of this bill from Pay-As-You-Go (PAYGO) rules and certain budget scorekeeping guidelines.
 
TITLE VI--NUTRITION AND COMMODITIES PROGRAMS
 
(Sec. 4601) This section extends through FY2021 the authority for the Pandemic Electronic Benefit Transfer program. Under the program, the Department of Agriculture (USDA) may approve state plans to provide emergency Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits to households with children who would otherwise receive free or reduced-price school meals if their schools were not closed due to the COVID-19 (i.e., coronavirus disease 2019) public health emergency. (Under current law, the child's school must be closed for at least five consecutive days for the household to be eligible for benefits, and states may provide the benefits using the Electronic Benefit Transfer system.)
 
It also expands the program to include children at child care facilities affected by the closures and at schools with reduced attendance hours.
 
(Sec. 4602) This section extends through FY2021 authority for USDA to allow certain waivers to requirements for its food and nutrition programs due to COVID-19, including waivers under the National School Lunch Program and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
 
(Sec. 4603) This section extends existing SNAP flexibilities for states during the COVID-19 public health emergency. Specifically, the bill authorizes states to extend SNAP certification periods and adjust periodic reporting and interview requirements through June 30, 2021, for some or all participating households without USDA approval. Additionally, states may allow household reporting requirements to satisfy the recertification requirements for some or all participating households with recertification periods set to expire on or before December 31, 2021.
 
The section also requires USDA to allow states to suspend certain requirements for quality control reviews from June 1, 2020, through September 30, 2021.
 
(Sec. 4604) This section prohibits USDA from using funds, facilities, or authorities of the Commodity Credit Corporation or USDA to pay or otherwise support fossil fuel refiners and importers. The prohibition does not apply to biofuel companies.
 
 DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS
 
 
Department of Veterans Affairs Expiring Authorities Act of 2020 

 
This division extends authorities for various Department of Veterans Affairs (VA) programs.
 
TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE
 
(Sec. 5101) This section extends through FY2022 the authority for collection of co-payments from veterans for hospital care and nursing home care.
 
(Sec. 5102) This section extends through FY2022 the requirement that the VA provide nursing home care to certain veterans with a service-connected disability.
 
(Sec. 5103) This section extends through FY2022 the authority of the VA to transfer real property to other agencies, states, or public or private entities.
 
(Sec. 5104) This section extends through FY2022 the authority for the VA pilot program on assistance for child care for certain veterans receiving health care.
 
(Sec. 5105) This section reauthorizes through FY2022 grants that go to Veterans Service Organizations for the transportation of highly rural veterans to VA medical centers.
 
(Sec. 5106) This section extends through FY2022 the authority for the VA pilot program on counseling in retreat settings for women veterans who are newly separated from service.
 
(Sec. 5107) This section extends through August 7, 2031, the authority for the VA pilot program on graduate medical education and residency.
 
(Sec. 5108) This section requires the Inspector General of the VA to (1) review the administration of the VA's website on staffing and vacancies, (2) develop recommendations for the administration of such site, and (3) submit a report on its findings.
 
(Sec. 5109) This section extends through FY2021 the temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from Vet Centers.
 
TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS
 
(Sec. 5201) This section extends through FY2022 the authority of the VA to make grants for specially adapted housing assistive technology.
 
(Sec. 5202) This section extends the covered period during which certain adjustments for veterans' education benefits apply to December 21, 2021.
 
(Sec. 5203) This section extends through FY2022 the authority of the VA to maintain a regional office in the Republic of the Philippines.
 
(Sec. 5204) This section extends through FY2022 the authority of the VA to transport individuals to and from VA facilities for required vocational rehabilitation or counseling, examination, treatment, or care.
 
(Sec. 5205) This section extends through January 1, 2026, the temporary increase in the number of judges on the U.S. Court of Appeals for Veterans Claims.
 
TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS
 
(Sec. 5301) This section reauthorizes through FY2022 homeless veterans reintegration programs conducted by the Department of Labor.
 
(Sec. 5302) This section reauthorizes through FY2022 a grant program that provides dedicated services for homeless women veterans and homeless veterans with children.
 
(Sec. 5303) This section extends through FY2022 the authority of the VA and Labor to enter contracts to provide referrals and counseling services for veterans who are at risk of homelessness and transitioning from penal institutions or institutions that provide long-term care for mental illness.
 
(Sec. 5304) This section extends through FY2022 the authority of the VA to provide outreach, treatment, and rehabilitation for seriously mentally ill and homeless veterans. Additionally, the section extends the authority of the VA to operate a program to establish centers for the provision of comprehensive services to homeless veterans.
 
(Sec. 5305) This section reauthorizes through FY2022 the Supportive Services for Veterans Families program, which provides financial assistance for supportive services for very low-income veteran families in permanent housing or transitioning from homelessness.
 
(Sec. 5306) This section reauthorizes through FY2022 the VA program to provide grants to entities to encourage the development of programs for homeless veterans with special needs.
 
TITLE IV--EXTENSIONS OF OTHER AUTHORITIES AND OTHER MATTERS
 
(Sec. 5401) This section reauthorizes through FY2022 the monthly assistance allowances available to certain disabled veterans under the Office of National Veterans Sports Programs and Special Events.
 
(Sec. 5402) This section extends through December 31, 2022, the requirement for the VA to submit a report containing a statement for each case recommended to the VA for equitable relief due to administrative error.
 
(Sec. 5403) This section reauthorizes through FY2022 the VA program to provide grants to entities planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and members of the Armed Forces.
 
(Sec. 5404) This section extends through FY2022 the authority of the VA to enter into an agreement with the National Academy of Sciences to review and evaluate scientific evidence regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides.
 
(Sec. 5405) This section modifies and extends authority through FY2025 in relation to the VA vendee loan program.

action_date: 2020-10-01
text: 

Continuing Appropriations Act, 2021 and Other Extensions Act

 
This bill provides continuing FY2021 appropriations to federal agencies and extends expiring programs that address health care, surface transportation, agriculture, veterans benefits, and other issues.
 
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2021
 

Continuing Appropriations Act, 2021

 
This division provides continuing FY2021 appropriations to federal agencies through December 11, 2020.
 
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.
 
(Sec. 101) This section provides FY2021 appropriations to federal agencies for continuing projects or activities at the levels and under the conditions included in specified FY2020 appropriations Acts. It also specifies exceptions and extends several immigration-related programs and authorities.
 
(Sec. 102) This section prohibits the Department of Defense (DOD) from using funds provided by the CR for the new or accelerated production of certain projects for which funding was not provided in FY2020. It also prohibits DOD from initiating certain multiyear procurements.
 
(Sec. 103) This section specifies that funds provided by section 101 shall be available to the extent and in the manner that would be provided in the pertinent appropriations Act.
 
(Sec. 104) This section prohibits appropriations provided by section 101 from being used to initiate or resume any project or activity that was not funded during FY2020.
 
(Sec. 105) This section specifies that appropriations provided by the CR are to be used to conduct FY2021 activities and programs during the period of the CR.
 
(Sec. 106) This section continues the appropriations provided by this division through the earlier of December 11, 2020, or the enactment of the applicable appropriations legislation.
 
(Sec. 107) This section requires expenditures for activities funded in this division to be charged to the full-year appropriations bill and relevant account when the applicable appropriations bill becomes law.
 
(Sec. 108) This section waives the normal time limitations for submission and approval of apportionments of accounts funded in annual appropriations Acts.
 
(Sec. 109) This section limits disbursements for programs that would otherwise have high initial rates of operation or would complete distribution of funding at the beginning of the fiscal year if those actions would impinge on final congressional funding prerogatives.
 
(Sec. 110) This section requires this division be implemented so that only the most limited funding action permitted by this division is taken in order to provide for continuation of projects and activities.
 
(Sec. 111) This section specifies that funding for appropriated entitlements and other mandatory payments with funding provided in an FY2020 appropriations bill shall be continued at the rate to maintain program levels under current law. It also allows some of the programs to continue operating for an additional 30 days beyond the period of the CR.
 
(Sec. 112) This section permits funding made available by this division for civilian personnel compensation and benefits in each department and agency to be apportioned up to the rate for operations necessary to avoid furloughs. It also requires all necessary actions to reduce or defer non-personnel-related administrative expenses to be taken prior to using this authority.
 
(Sec. 113) This section permits funds appropriated by this division to be obligated and expended notwithstanding specified statutory provisions restricting appropriations for foreign assistance, the Department of State, international broadcasting, and intelligence activities in the absence of prior authorizations.
 
(Sec. 114) This section extends designations for Overseas Contingency Operations/ Global War on Terrorism, disaster relief, and emergency requirements to funds provided by this division that previously carried those designations.
 
(Sec. 115) This section sets forth requirements for the treatment of rescissions when federal agencies implement the funding levels provided by the CR.
 
(Sec. 116) This section makes appropriations available to the Rural Utilities Service Rural Water and Waste Disposal Program Account for direct and guaranteed loans.
 
(Sec. 117) This section allows the Food and Nutrition Service to spend at a higher rate to ensure that summer food for children demonstration projects (e.g., the Summer Electronic Benefit Transfer program) can be fully operational by May 2021.
 
(Sec. 118) This section allows a higher spending rate for the Department of Agriculture (USDA) Commodity Supplemental Food Program to maintain the current program caseload.
 
(Sec. 119) This section allows the Farm Service Agency to spend at a higher rate to accommodate approved applications for direct and guaranteed farm ownership loans.
 
(Sec. 120) This section extends the authority of USDA to require reports on prices, contracts, and other purchasing information from cattle, swine, and sheep packers and processors.
 
(Sec. 121) This section extends the authority of USDA to (1) collect fees for grain inspection and weighing services, and (2) conduct other activities related to grain export and domestic markets.
 
(Sec. 122) This section extends the USDA pilot program to study the growth, cultivation, or marketing of industrial hemp.
 
(Sec. 123) This section allows the Food and Drug Administration to collect certain user fees to support reviewing over-the-counter drugs and regulating production facilities.
 
(Sec. 124) This section specifies the spending rate for the Census Bureau's Periodic Censuses and Programs account. It also allow a higher spending rate for operations necessary to conduct the 2020 Decennial Census Program.
 
(Sec. 125) This section makes apportioned funding available for the Columbia-class submarine procurement program during the period of the CR and allows the Navy to enter into a contract for the procurement of up to two Columbia-class submarines. It also allows incremental funding to be used to make payments under the contract. If such a contract is terminated, the total liability of the federal government is limited to the total amount of funding obligated to the contract at the time of termination.
 
(Sec. 126) This section extends the availability of funding provided by the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) for the DOD Inspector General.
 
(Sec. 127) This section prohibits funds from being transferred from the Western Area Power Administration (WAPA) Colorado River Basins Power Marketing Fund to the general fund of the Treasury.
 
(Sec. 128) This section extends the authority of the Bureau of Reclamation to provide certain emergency drought assistance.
 
(Sec. 129) This section allows schools participating in the District of Columbia's voucher program an additional year to become accredited.
 
(Sec. 130) This section allows the District to spend FY2021 funds received from local tax revenues and other nonfederal sources at the rate included in the Fiscal Year 2021 Local Budget Act of 2020.
 
(Sec. 131) This section provides appropriations to the District for costs associated with the presidential inauguration.
 
(Sec. 132) This section allows a higher spending rate for the Small Business Administration (SBA) to accommodate increased demand for 7(a) small business loans and the Small Business Investment Company (SBIC) program.
 
(Sec. 133) This section allows a higher spending rate for the SBA continue to process and service disaster loans.
 
(Sec. 134) This section provides appropriations to the General Services Administration (GSA) for costs associated with a presidential transition.
 
(Sec. 135) This section allows a higher spending rate for the GSA to maintain monthly rentals of office space.
 
(Sec. 136) This section provides appropriations for the Executive Office of the President to provide administrative support for a presidential transition.
 
(Sec. 137) This section provides appropriations to the National Archives and Records Administration for costs related to taking custody of presidential records and artifacts during a presidential transition.
 
(Sec. 138) This section allows a higher spending rate for the Office of Personnel Management to cover any expected shortfall in administrative expenses resulting from the transfer of the National Background Investigations Bureau function to DOD.
 
(Sec. 139) This section extends the term of certain bankruptcy judgeships.
 
(Sec. 140) This section extends the authority of federal agencies to reimburse contractors for certain leave paid to employees or subcontractors due to facility closures or other restrictions as a result of the COVID-19 (i.e., coronavirus disease 2019) public health emergency.
 
(Sec. 141) This section allows the Department of Homeland Security to implement an account restructuring proposal that eliminates the Working Capital Fund.
 
(Sec. 142) This section authorizes the Coast Guard to use Operations and Support appropriations to pay the salaries of certain employees who are usually paid through fee collections, which have decreased during the COVID-19 pandemic.
 
(Sec. 143) This section extends the authorization for the Great Lakes Pilotage Advisory Committee during the period of the CR.
 
(Sec. 144) This section permits the Cybersecurity and Infrastructure Security Agency to use a new account and budget structure.
 
(Sec. 145) This section allows the Federal Emergency Management Agency (FEMA) to access the entire Disaster Relief Fund appropriation for FY2021 to carry out response and recovery activities for declared disasters.
 
(Sec. 146) This section extends the authority for the National Flood Insurance Program through FY2021.
 
(Sec. 147) This section reduces discretionary funding from the Land and Water Conservation Fund. (Under the Great American Outdoors Act, the funds are now mandatory spending, which does not have to be funded through the annual appropriations process.)
 
(Sec. 148) This section allows the Forest Service to implement a new account and budget structure required by Congress.
 
(Sec. 149) This section extends funding for the Temporary Assistance for Needy Families (TANF) program and the Child Care Entitlement to States program during the period of the CR.
 
(Sec. 150) This section extends the availability of funding for the Centers for Disease Control and Prevention to replace a mine safety research facility.
 
(Sec. 151) This section adjusts a rescission and delayed obligation of certain funding authorized under the Children's Health Insurance Program (CHIP).
 
(Sec. 152) This section extends the availability of funding for certain multiyear research grants that are supported by the National Institutes of Health and were interrupted by COVID-19.
 
(Sec. 153) This section extends the authority for the Rehabilitation Services Administration Automated Personalization Computing Project.
 
(Sec. 154) This section extends the authorization for the Department of Education's National Advisory Committee on Institutional Quality and Integrity.
 
(Sec. 155) This section extends the authority of the Department of Education to use mandatory funds for account maintenance fees payable to guaranty agencies.
 
(Sec. 156) This section makes a technical correction to a provision in the CARES Act regarding appropriations for the Corporation for National and Community Service.
 
(Sec. 157 This section provides appropriations for the death gratuity for the beneficiary of the late Representative John R. Lewis.
 
(Sec. 158) This section provides appropriations for the House of Representatives Salaries and Expenses account.
 
(Sec. 159) This section extends the authorities for the Library of Congress (LOC), the Government Accountability Office (GAO), and the Architect of the Capitol (AOC) to reimburse contractors for the salaries of employees who are furloughed or unable to work due to the COVID-19 outbreak.
 
The provision applies to employees of the Little Scholars Child Development Center at the LOC, the Tiny Findings Child Development Center at the GAO, and contractors that have a service contract with the AOC.
 
(Sec. 160) This section allows the LOC to extend certain contracts that were delayed or otherwise affected by COVID-19.
 
(Sec. 161) This section makes a technical correction to a provision in the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2020 regarding the advance appropriation for the Department of Veterans Affairs (VA) Compensation and Pensions account.
 
(Sec. 162) This section allows a higher spending rate for the VA to maintain support activities related to the implementation and maintenance of the Veterans Electronic Health Record system.
 
(Sec. 163) This section allows certain funds provided to the Veterans Health Administration by the CARES Act to be transferred to the Canteen Services Revolving Fund to offset losses to Veterans Canteen Services collections as a result of the COVID-19 pandemic.
 
(Sec. 164) This section allows the Department of State to obligate funding provided for the Repatriation Loans Program account at a rate for operations necessary to accommodate increases in demand for repatriation loans.
 
(Sec. 165) This section extends the authority of the State Department to use passport and immigration visa security surcharges for the costs of providing consular services.
 
(Sec. 166) This section expands the purposes for which the State Department's Western Hemisphere Travel Initiative passport surcharge may be used to include the costs of providing consular services. This section also allows certain funds to be transferred into the Consular and Border Security Programs account for the purpose of sustaining consular operations.
 
(Sec. 167) This section allows appropriations to be used to provide assistance to Sri Lanka without being subject to certain congressional certification requirements.
 
The funding may be used for the following purposes:
 
 
disaster relief;
 
to protect human rights, locate and identify missing persons, and assist victims of torture;
 
to promote justice, accountability, and reconciliation;
 
to enhance maritime security and domain awareness; and
 
for International Military Education and Training.
 
 
(Sec. 168) This section extends the authorization for the U.S. Advisory Commission on Public Diplomacy.
 
(Sec. 169) This section extends obligation deadlines for certain Department of Transportation National Infrastructure Investments grants (also known as Better Utilizing Investments to Leverage Development or BUILD grants).
 
(Sec. 170) This section expands the authority for the Government National Mortgage Association (Ginnie Mae) to guarantee securities backed by federal mortgages in order to accommodate increased demand due to lower mortgage interest rates.
 
(Sec. 171) This section extends the liquidation period for certain Choice Neighborhoods Initiative grants from FY2013.
 
(Sec. 172) This section allows a higher rate of spending for the Department of Housing and Urban Development's Housing for the Elderly programs to (1) maintain project rental assistance for the elderly, and (2) continue the Integrated Wellness in Supportive Housing (IWISH) demonstration program.
 
(Sec. 173) This section accelerates reimbursements to the Commodity Credit Corporation for net realized losses to allow USDA to continue making certain payments to farmers.
 
DIVISION B--SURFACE TRANSPORTATION PROGRAM EXTENSION
 
TITLE I--SURFACE TRANSPORTATION PROGRAMS
 
(Sec. 1101) This section extends FY2020 enacted levels through FY2021 for federal highway, transit, and road safety programs of the Department of Transportation (DOT).
 
(Sec. 1102) This section increases the cap from $500 million to $600 million on the amount of funding for nationally significant freight and highway projects. It also extends authority through FY2021 for DOT to provide funding for such projects.
 
(Sec. 1103) This section revises and extends authority through FY2021 for the National Highway Traffic Safety Administration to carry out collaborative research on in-vehicle technology to prevent alcohol-impaired driving.
 
(Sec. 1104) This section eliminates a provision related to federal funding to cover operating losses associated with providing food and beverage service on National Railroad Passenger Corporation (Amtrak) routes. It also extends authority through FY2021 for DOT to provide direct loans or loan guarantees for railroad rehabilitation and development near rail stations.
 
(Sec. 1105) Automatic adjustments to highway and mass transit authorizations for new deposits into the Highway Trust Fund shall not apply to funds provided under this division of the bill.
 
(Sec. 1106) This section prohibits the use of funds in FY2021 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.
 
(Sec. 1107) This section reauthorizes and extends through FY2021 the Appalachian Regional Commission, including for the economic and energy development and high-speed broadband deployment initiatives.
 
TITLE II--TRUST FUNDS
 
(Sec. 1201) This section extends expenditure authority through September 30, 2021, for the Highway Trust Fund.
 
(Sec. 1202) This section extends expenditure authority through September 30, 2021, for the Sport Fish Restoration and Boating Trust Fund.
 
(Sec. 1203) This section extends expenditure authority through September 30, 2021, for the Leaking Underground Storage Tank Trust Fund.
 
(Sec. 1204) This section provides additional funding for the Highway Account and Mass Transit Account of the Highway Trust Fund.
 
(Sec. 1205) This section provides additional funding for the Airport and Airway Trust Fund.
 
DIVISION C--HEALTH EXTENDERS
 
TITLE I--PUBLIC HEALTH EXTENDERS
 
This title extends funding and other relevant authorities for certain public health grants and programs and makes administrative changes to the operation of the Public Health Service.
 
(Sec. 2101) This section increases funding for, and extends through December 11, 2020, specified programs for community health centers; teaching health centers that operate graduate medical education programs; and the National Health Service Corps, which provides scholarships and student loan repayment programs for health care workers.
 
(Sec. 2102) This section increases funding for, and extends through December 11, 2020, research grants to prevent and cure Type I diabetes and grants for services to prevent and treat diabetes among Native Americans.
 
(Sec. 2103) This section extends through December 11, 2020, funding for certain grants for states to educate adolescents on the prevention of pregnancy and sexually transmitted infections.
 
(Sec. 2104) This section extends through December 11, 2020, funding for certain grants for states to implement sexual risk avoidance (i.e., abstinence) education.
 
(Sec. 2105) This section extends through December 11, 2020, the authority of the Food and Drug Administration to designate a rare pediatric disease drug application as eligible for a priority review voucher.
 
(Sec. 2106) This section temporarily authorizes commissioned officers of the Public Health Service to carry over more than 60 days of annual leave. Such leave may not be used after September 30, 2023.
 
TITLE II--MEDICARE EXTENDERS
 
(Sec. 2202) This section extends funding for certain Medicare quality-measurement activities.
 
(Sec. 2203) This section extends funding for state health insurance programs, area agencies on aging, aging and disability resource centers, and technical assistance related to outreach and enrollment.
 
TITLE III--MEDICAID EXTENDERS
 
(Sec. 2301) This section extends the Money Follows the Person Rebalancing Demonstration Program. (Under this program, the Centers for Medicare & Medicaid Services (CMS) may award grants to state Medicaid programs to assist states in increasing the use of home and community care for long-term care and decreasing the use of institutional care.)
 
(Sec. 2302) This section extends the applicability of Medicaid eligibility criteria that protect against spousal impoverishment for recipients of home- and community-based services.
 
(Sec. 2303) This section delays certain reductions to Medicaid disproportionate-share hospital allotments.
 
(Sec. 2304) This section extends the Medicaid demonstration program for certified community behavioral health clinics.
 
TITLE IV--MEDICARE PART B PREMIUM ADJUSTMENT
 
(Sec. 2401) This section establishes a specific methodology for determining Medicare premiums for 2021. Under the methodology, the 2021 rate must be based on the 2020 rate, plus 25% of the difference between the 2020 rate and a preliminary 2021 rate (as determined by the CMS).
 
TITLE V--ACCELERATED AND ADVANCE PAYMENT PROGRAMS
 
(Sec. 2501) This section establishes and otherwise modifies requirements for the Medicare Accelerated and Advance Payment Program and for certain comparable programs during the public health emergency relating to COVID-19 (i.e., coronavirus disease 2019).
 
Specifically, the section delays recoupment and full repayment for 12 months and 29 months, respectively. It also caps recoupments to 25% and 50% for the first 11 months and the next 6 months, respectively, and caps the applicable interest rate on repayments at 4%.
 
TITLE VI--OFFSETS
 
(Sec. 2601) This section specifically includes in the Medicaid Drug Rebate Program covered outpatient drugs that are used in medication-assisted treatment for opioid-use disorders.
 
(Sec. 2602) This section delays the scheduled reduction in available funding for the Medicaid Improvement Fund to FY2023 and increases the funds available for state activities relating to mechanized claims systems beginning in FY2025.
 
DIVISION D--OTHER MATTERS
 
TITLE I--EMERGENCY STOPGAP USCIS STABILIZATION ACT
 

Emergency Stopgap USCIS Stabilization Act

 
This title expands Department of Homeland Security (DHS) authority to provide premium processing services for certain immigration-related petitions and applications and contains other related provisions.
 
(Sec. 4102) DHS may collect a fee to provide premium processing of an application for any immigration benefit that DHS considers appropriate, subject to certain requirements. Currently, DHS only has statutory authority to provide premium processing for employment-based petitions and applications.
 
Under current law, DHS must use such premium fees to provide premium processing services and make infrastructure improvements. Under this title, such fees shall be used for these purposes and other activities that offset the cost of providing adjudication and naturalization services.
 
DHS may suspend premium processing only if circumstances prevent the timely processing of a significant number of the petitions or applications. DHS shall provide those who have requested premium processing with access to case status information and communications channels to the premium processing units.
 
DHS may expand premium processing to certain immigrant benefits and set fees for such processing without following certain rulemaking procedures if DHS meets certain requirements, such as limiting the premium fee to specified amounts.
 
The title also increases the fees charged for premium processing. DHS may, subject to requirements, biennially adjust premium fees to reflect inflation without following certain rulemaking requirements.
 
(Sec. 4103) DHS shall report to Congress a five-year plan to improve processing times for all immigration and naturalization benefit requests and to implement electronic-based communications, payment acceptance, and filing procedures for such requests.
 
TITLE II--UNITED STATES PAROLE COMMISSION EXTENSION
 

United States Parole Commission Extension Act of 2020

 
(Sec. 4202) This section extends for two years the authority and functions of the U.S. Parole Commission. Currently, the commission's authority is set to expire on October 31, 2020.
 
(Sec. 4203) This section extends through FY2022 provisions requiring the commission to (1) annually report certain data to Congress, including the number of offenders of each type in its jurisdiction; and (2) report to Congress regarding the parole failure rate for the District of Columbia.
 
TITLE III--ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM PERMANENT EXTENSION ACT
 

Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act

 
(Sec. 4303) This title permanently authorizes and restores into effect the Antitrust Criminal Penalty Enhancement and Reform Act (ACPERA) of 2004. ACPERA, which expired on June 22, 2020, provides incentives (e.g., limitations on civil liability) for corporations to self-report criminal conduct to the Antitrust Division within the Department of Justice.
 
TITLE IV--COMMUNITY SERVICES AND SUPPORTS
 
(Sec. 4401) This title authorizes the Department of Health and Human Services to extend the designations of Head Start agencies for up to two years if it does not have the information necessary for renewals required before December 31, 2020. Currently, designations last for five years.
 
TITLE V--BUDGETARY EFFECTS
 
(Sec. 4501) This title exempts the budgetary effects of division B and each succeeding division of this bill from Pay-As-You-Go (PAYGO) rules and certain budget scorekeeping guidelines.
 
TITLE VI--NUTRITION AND COMMODITIES PROGRAMS
 
(Sec. 4601) This section extends through FY2021 the authority for the Pandemic Electronic Benefit Transfer program. Under the program, the Department of Agriculture (USDA) may approve state plans to provide emergency Supplemental Nutrition Assistance Program (SNAP, formerly known as the food stamp program) benefits to households with children who would otherwise receive free or reduced-price school meals if their schools were not closed due to the COVID-19 (i.e., coronavirus disease 2019) public health emergency. (Under current law, the child's school must be closed for at least five consecutive days for the household to be eligible for benefits, and states may provide the benefits using the Electronic Benefit Transfer system.)
 
It also expands the program to include children at child care facilities affected by the closures and at schools with reduced attendance hours.
 
(Sec. 4602) This section extends through FY2021 authority for USDA to allow certain waivers to requirements for its food and nutrition programs due to COVID-19, including waivers under the National School Lunch Program and the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).
 
(Sec. 4603) This section extends existing SNAP flexibilities for states during the COVID-19 public health emergency. Specifically, the bill authorizes states to extend SNAP certification periods and adjust periodic reporting and interview requirements through June 30, 2021, for some or all participating households without USDA approval. Additionally, states may allow household reporting requirements to satisfy the recertification requirements for some or all participating households with recertification periods set to expire on or before December 31, 2021.
 
The section also requires USDA to allow states to suspend certain requirements for quality control reviews from June 1, 2020, through September 30, 2021.
 
(Sec. 4604) This section prohibits USDA from using funds, facilities, or authorities of the Commodity Credit Corporation or USDA to pay or otherwise support fossil fuel refiners and importers. The prohibition does not apply to biofuel companies.
 
 DIVISION E--DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS
 
 
Department of Veterans Affairs Expiring Authorities Act of 2020 

 
This division extends authorities for various Department of Veterans Affairs (VA) programs.
 
TITLE I--EXTENSIONS OF AUTHORITIES RELATING TO HEALTH CARE
 
(Sec. 5101) This section extends through FY2022 the authority for collection of co-payments from veterans for hospital care and nursing home care.
 
(Sec. 5102) This section extends through FY2022 the requirement that the VA provide nursing home care to certain veterans with a service-connected disability.
 
(Sec. 5103) This section extends through FY2022 the authority of the VA to transfer real property to other agencies, states, or public or private entities.
 
(Sec. 5104) This section extends through FY2022 the authority for the VA pilot program on assistance for child care for certain veterans receiving health care.
 
(Sec. 5105) This section reauthorizes through FY2022 grants that go to Veterans Service Organizations for the transportation of highly rural veterans to VA medical centers.
 
(Sec. 5106) This section extends through FY2022 the authority for the VA pilot program on counseling in retreat settings for women veterans who are newly separated from service.
 
(Sec. 5107) This section extends through August 7, 2031, the authority for the VA pilot program on graduate medical education and residency.
 
(Sec. 5108) This section requires the Inspector General of the VA to (1) review the administration of the VA's website on staffing and vacancies, (2) develop recommendations for the administration of such site, and (3) submit a report on its findings.
 
(Sec. 5109) This section extends through FY2021 the temporary expansion of payments and allowances for beneficiary travel in connection with veterans receiving care from Vet Centers.
 
TITLE II--EXTENSIONS OF AUTHORITIES RELATING TO BENEFITS
 
(Sec. 5201) This section extends through FY2022 the authority of the VA to make grants for specially adapted housing assistive technology.
 
(Sec. 5202) This section extends the covered period during which certain adjustments for veterans' education benefits apply to December 21, 2021.
 
(Sec. 5203) This section extends through FY2022 the authority of the VA to maintain a regional office in the Republic of the Philippines.
 
(Sec. 5204) This section extends through FY2022 the authority of the VA to transport individuals to and from VA facilities for required vocational rehabilitation or counseling, examination, treatment, or care.
 
(Sec. 5205) This section extends through January 1, 2026, the temporary increase in the number of judges on the U.S. Court of Appeals for Veterans Claims.
 
TITLE III--EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS
 
(Sec. 5301) This section reauthorizes through FY2022 homeless veterans reintegration programs conducted by the Department of Labor.
 
(Sec. 5302) This section reauthorizes through FY2022 a grant program that provides dedicated services for homeless women veterans and homeless veterans with children.
 
(Sec. 5303) This section extends through FY2022 the authority of the VA and Labor to enter contracts to provide referrals and counseling services for veterans who are at risk of homelessness and transitioning from penal institutions or institutions that provide long-term care for mental illness.
 
(Sec. 5304) This section extends through FY2022 the authority of the VA to provide outreach, treatment, and rehabilitation for seriously mentally ill and homeless veterans. Additionally, the section extends the authority of the VA to operate a program to establish centers for the provision of comprehensive services to homeless veterans.
 
(Sec. 5305) This section reauthorizes through FY2022 the Supportive Services for Veterans Families program, which provides financial assistance for supportive services for very low-income veteran families in permanent housing or transitioning from homelessness.
 
(Sec. 5306) This section reauthorizes through FY2022 the VA program to provide grants to entities to encourage the development of programs for homeless veterans with special needs.
 
TITLE IV--EXTENSIONS OF OTHER AUTHORITIES AND OTHER MATTERS
 
(Sec. 5401) This section reauthorizes through FY2022 the monthly assistance allowances available to certain disabled veterans under the Office of National Veterans Sports Programs and Special Events.
 
(Sec. 5402) This section extends through December 31, 2022, the requirement for the VA to submit a report containing a statement for each case recommended to the VA for equitable relief due to administrative error.
 
(Sec. 5403) This section reauthorizes through FY2022 the VA program to provide grants to entities planning, developing, managing, and implementing programs to provide adaptive sports opportunities for disabled veterans and members of the Armed Forces.
 
(Sec. 5404) This section extends through FY2022 the authority of the VA to enter into an agreement with the National Academy of Sciences to review and evaluate scientific evidence regarding associations between diseases and exposure to dioxin and other chemical compounds in herbicides.
 
(Sec. 5405) This section modifies and extends authority through FY2025 in relation to the VA vendee loan program.


Legislative actions:
action_date: 2020-10-01
text: Became Public Law No: 116-159.
action_date: 2020-10-01
text: Became Public Law No: 116-159.
action_date: 2020-10-01
text: Signed by President.
action_date: 2020-10-01
text: Signed by President.
action_date: 2020-09-30
text: Presented to President.
action_date: 2020-09-30
text: Presented to President.
action_date: 2020-09-30
text: Message on Senate action sent to the House.
action_date: 2020-09-30
text: Passed Senate without amendment by Yea-Nay Vote. 84 - 10. Record Vote Number: 197.
action_date: 2020-09-30
text: Passed/agreed to in Senate: Passed Senate without amendment by Yea-Nay Vote. 84 - 10. Record Vote Number: 197.
action_date: 2020-09-30
text: Considered by Senate. (consideration: CR S5902; S5921-5923)
action_date: 2020-09-29
text: Cloture on the measure invoked in Senate by Yea-Nay Vote. 82 - 6. Record Vote Number: 196. (CR S5891)
action_date: 2020-09-29
text: Considered by Senate. (consideration: CR S5889; S5891)
action_date: 2020-09-24
text: Cloture motion on the measure presented in Senate. (CR S5855)
action_date: 2020-09-24
text: Measure laid before Senate by motion. (consideration: CR S5854-5855)
action_date: 2020-09-24
text: Motion to proceed to consideration of measure agreed to in Senate by Yea-Nay Vote. 93 - 2. Record Vote Number: 195.
action_date: 2020-09-24
text: Motion to proceed to consideration of measure made in Senate. (CR S5850)
action_date: 2020-09-23
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 552.
action_date: 2020-09-22
text: Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2020-09-22
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2020-09-22
text: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 359 - 57, 1 Present (Roll no. 198). (text: CR H4689-4700)
action_date: 2020-09-22
text: Passed/agreed to in House: On motion to suspend the rules and pass the bill Agreed to by the Yeas and Nays: (2/3 required): 359 - 57, 1 Present (Roll no. 198).
action_date: 2020-09-22
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 8337.
action_date: 2020-09-22
text: Considered under suspension of the rules. (consideration: CR H4689-4705)
action_date: 2020-09-22
text: Mr. Visclosky moved to suspend the rules and pass the bill.
action_date: 2020-09-22
text: Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2020-09-22
text: Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2020-09-22
text: Introduced in House
action_date: 2020-09-22
text: Introduced in House

Enacted as: number: 116-159