Continuing Appropriations Act, 2020, and Health Extenders Act of 2019

133 STAT. 1093 PUBLIC LAW 116–59—SEPT. 27, 2019 Public Law 116–59 116th Congress An Act Making continuing appropriations for fiscal year 2020, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Continuing Appropriations Act, 2020, and Health Extenders Act of 2019’’. SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of Contents. Sec. 3. References. DIVISION A—CONTINUING APPROPRIATIONS ACT, 2020 DIVISION B—HEALTH AND HUMAN SERVICES EXTENDERS AND OTHER MATTERS TITLE I—PUBLIC HEALTH EXTENDERS TITLE II—OTHER HEALTH EXTENDERS TITLE III—MEDICAID EXTENDERS TITLE IV—MEDICARE EXTENDERS TITLE V—HUMAN SERVICES EXTENDERS TITLE VI—MISCELLANEOUS POLICIES TITLE VII—BUDGETARY EFFECTS SEC. 3. REFERENCES. Except as expressly provided otherwise, any reference to ‘‘this Act’’ contained in any division of this Act shall be treated as referring only to the provisions of that division. DIVISION A—CONTINUING APPROPRIATIONS ACT, 2020 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2020, and for other purposes, namely: SEC. 101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2019 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise Continuing Appropriations Act, 2020. Continuing Appropriations Act, 2020, and Health Extenders Act of 2019. Sept. 27, 2019 [H.R. 4378] VerDate Sep 11 2014 08:08 Oct 25, 2019 Jkt 089139 PO 00059 Frm 00001 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL059.116 PUBL059 DSK1ZX1V12 with PUBLAW 133 STAT. 1094 PUBLIC LAW 116–59—SEPT. 27, 2019 specifically provided for in this Act, that were conducted in fiscal year 2019, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2019 (division B of Public Law 116–6), except that the language under the heading ‘‘Rural Utilities Service—Rural Water and Waste Disposal Program Account’’ in title III shall be applied by inserting ‘‘the cost of direct loans,’’ before ‘‘loan guarantees’’ at the beginning of the second sentence in the matter preceding the first proviso. (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2019 (division C of Public Law 116–6), except section 523(b)(6). (3) The Department of Defense Appropriations Act, 2019 (division A of Public Law 115–245). (4) The Energy and Water Development and Related Agen- cies Appropriations Act, 2019 (division A of Public Law 115– 244), except section 505. (5) The Financial Services and General Government Appro- priations Act, 2019 (division D of Public Law 116–6). (6) The Department of Homeland Security Appropriations Act, 2019 (division A of Public Law 116–6) as amended, and title I of division H of Public Law 116–6. (7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2019 (division E of Public Law 116–6). (8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2019 (division B of Public Law 115–245). (9) The Legislative Branch Appropriations Act, 2019 (divi- sion B of Public Law 115–244). (10) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2019 (division C of Public Law 115–244). (11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2019 (division F of Public Law 116–6), except section 7058(d). (12) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2019 (division G of Public Law 116–6). SEC. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2019 or prior years; (2) the increase in production rates above those sustained with fiscal year 2019 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any invest- ment items defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2019. Ante, p. 64. Applicability. VerDate Sep 11 2014 08:08 Oct 25, 2019 Jkt 089139 PO 00059 Frm 00002 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL059.116 PUBL059 DSK1ZX1V12 with PUBLAW 133 STAT. 1095 PUBLIC LAW 116–59—SEPT. 27, 2019 (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. SEC. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. SEC. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursu- ant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2019. SEC. 105. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. SEC. 106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2020, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) The enactment into law of an appropriation for any project or activity provided for in this Act. (2) The enactment into law of the applicable appropriations Act for fiscal year 2020 without any provision for such project or activity. (3) November 21, 2019. SEC. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. SEC. 108. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of appor- tionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. SEC. 109. Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropria- tions at the beginning of fiscal year 2020 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. SEC. 110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activi- ties. SEC. 111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2019, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and condi- tions provided in the applicable appropriations Act for fiscal year 2019, to be continued through the date specified in section 106(3). Continuation. Expiration date. Contracts. VerDate Sep 11 2014 08:08 Oct 25, 2019 Jkt 089139 PO 00059 Frm 00003 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL059.116 PUBL059 DSK1ZX1V12 with PUBLAW 133 STAT. 1096 PUBLIC LAW 116–59—SEPT. 27, 2019 (b) Notwithstanding section 106, obligations for mandatory pay- ments due on or about the first day of any month that begins after October 2019 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments. SEC. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2019, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. SEC. 113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 (22 U.S.C. 2412), section 15 of the State Department Basic Authori- ties Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Rela- tions Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)). SEC. 114. (a) Each amount incorporated by reference in this Act that was previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emer- gency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress for Overseas Contingency Operations/ Global War on Terrorism or as an emergency requirement pursuant to section 251(b)(2)(A) of such Act or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively. (b) Section 5 of Public Law 116–6 shall apply to amounts designated in subsection (a) and section 124 of this Act for Overseas Contingency Operations/Global War on Terrorism. (c) This section shall become effective immediately upon enact- ment of this Act, and shall remain in effect through the date in section 106(3). SEC. 115. (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appro- priations Fund Symbols (TAFS)— (1) to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act; or (2) which are no-year TAFS and receive other appropria- tions in this Act, may be continued instead by reducing the rate for operations other- wise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding preroga- tives of the Congress. (b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of— (1) the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act; or (2) the amount of balances available, as of October 1, 2019, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act. Continuation. Effective date. Applicability. Time period. VerDate Sep 11 2014 08:08 Oct 25, 2019 Jkt 089139 PO 00059 Frm 00004 Fmt 6580 Sfmt 6581 E:\PUBLAW\PUBL059.116 PUBL059 DSK1ZX1V12 with PUBLAW 133 STAT. 1097 PUBLIC LAW 116–59—SEPT. 27, 2019 (c) No later than November 11, 2019, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101: Provided, That the information in such comprehensive list shall be periodically updated to reflect any subsequent changes in the amount of balances available, as of October 1, 2019, from the funds specified for rescission or can- cellation in the applicable appropriations Act referenced in section 101, and such updates shall be transmitted to the Committees on Appropriations of the House of Representatives and the Senate upon request. SEC. 116. Title I of the Additional Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law 116–20) is amended in the matter under the heading ‘‘Department of Agriculture—Office of the Secretary’’ by inserting ‘‘to cooperative processors for reduced quantity and quality sugar beets,’’ after ‘‘planting in 2019,’’: Pro- vided, That amounts repurposed pursuant to this section that were previously designated by the Congress as an emergency requirement pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 and shall be available only if the President subsequently so designates all such amounts and transmits such designations to the Congress. SEC. 117. The Secretary of Agriculture may waive the matching funds requirement under Section 412(g) of the Agricultural Research, Extension, and Education Reform Act of 1998 (7 U.S.C. 7632(g)). SEC. 118. Amounts made available by section 101 for ‘‘Depart- ment of Agriculture—Food and Nutrition Service—Child Nutrition Programs’’ to carry out section 749(g) of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2010 (Public Law 111–80) may be apportioned up to the rate for operations necessary to ensure that the program can be fully operational by May 2020. SEC. 119. Amounts provided by section 111 to the Department of Agriculture for ‘‘Corporations—Commodity Credit Corporation Fund—Reimbursement for Net Realized Losses’’ may be used, prior to the completion of the report described in section 2 of the Act of [Text truncated for display. Full text available on Congress.gov.]