Continuing Appropriations Act, 2021 and Other Extensions Act

I 116TH CONGRESS 2D SESSION H. R. 8319 Making continuing appropriations for fiscal year 2021, and for other purposes. IN THE HOUSE OF REPRESENTATIVES SEPTEMBER 21, 2020 Mrs. LOWEY introduced the following bill; which was referred to the Com- mittee on Appropriations, and in addition to the Committee on the Budg- et, 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 A BILL Making continuing appropriations for fiscal year 2021, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Continuing Appropria- 4 tions Act, 2021 and Other Extensions Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents of this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. References. DIVISION A—CONTINUING APPROPRIATIONS ACT, 2021 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6211 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 8319 IH DIVISION B—SURFACE TRANSPORTATION PROGRAM EXTENSION Title I—Surface Transportation Programs Title II—Trust Funds DIVISION C—HEALTH EXTENDERS Title I—Public Health Extenders Title II—Medicare Extenders Title III—Medicaid Extenders Title IV—Medicare Part B Premium Adjustment Title V—Accelerated and Advance Payment Programs Title VI—Offsets DIVISION D—OTHER MATTERS Title I—Emergency Stopgap USCIS Stabilization Act Title II—United States Parole Commission Extension Title III—Antitrust Criminal Penalty Enhancement and Reform Permanent Ex- tension Act Title IV—Community Services and Supports Title V—Budgetary Effects DIVISION E—DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS Title I—Extensions of Authorities Relating to Health Care Title II—Extensions of Authorities Relating to Benefits Title III—Extensions of Authorities Relating to Homeless Veterans Title IV—Extensions of Other Authorities and Other Matters SEC. 3. REFERENCES. 1 Except as expressly provided otherwise, any reference 2 to ‘‘this Act’’ contained in any division of this Act shall 3 be treated as referring only to the provisions of that divi- 4 sion. 5 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 8319 IH DIVISION A—CONTINUING 1 APPROPRIATIONS ACT, 2021 2 The following sums are hereby appropriated, out of 3 any money in the Treasury not otherwise appropriated, 4 and out of applicable corporate or other revenues, receipts, 5 and funds, for the several departments, agencies, corpora- 6 tions, and other organizational units of Government for 7 fiscal year 2021, and for other purposes, namely: 8 SEC. 101. Such amounts as may be necessary, at a 9 rate for operations as provided in the applicable appro- 10 priations Acts for fiscal year 2020 and under the authority 11 and conditions provided in such Acts, for continuing 12 projects or activities (including the costs of direct loans 13 and loan guarantees) that are not otherwise specifically 14 provided for in this Act, that were conducted in fiscal year 15 2020, and for which appropriations, funds, or other au- 16 thority were made available in the following appropriations 17 Acts: 18 (1) The Agriculture, Rural Development, Food 19 and Drug Administration, and Related Agencies Ap- 20 propriations Act, 2020 (division B of Public Law 21 116–94), except sections 791 and 792. 22 (2) The Commerce, Justice, Science, and Re- 23 lated Agencies Appropriations Act, 2020 (division B 24 of Public Law 116–93), except the last proviso 25 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 8319 IH under the heading ‘‘Department of Commerce—Bu- 1 reau of the Census—Periodic Censuses and Pro- 2 grams’’. 3 (3) The Department of Defense Appropriations 4 Act, 2020 (division A of Public Law 116–93), except 5 title X. 6 (4) The Energy and Water Development and 7 Related Agencies Appropriations Act, 2020 (division 8 C of Public Law 116–94). 9 (5) The Financial Services and General Govern- 10 ment Appropriations Act, 2020 (division C of Public 11 Law 116–93). 12 (6) The Department of Homeland Security Ap- 13 propriations Act, 2020 (division D of Public Law 14 116–93) (except for amounts in title II of division 15 D of Public Law 116–93 that were designated by 16 the Congress as being for an emergency requirement 17 pursuant to section 251(b)(2)(A)(i) of the Balanced 18 Budget and Emergency Deficit Control Act of 19 1985), and title I of division I of Public Law 116– 20 94. 21 (7) The Department of the Interior, Environ- 22 ment, and Related Agencies Appropriations Act, 23 2020 (division D of Public Law 116–94). 24 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 8319 IH (8) The Departments of Labor, Health and 1 Human Services, and Education, and Related Agen- 2 cies Appropriations Act, 2020 (division A of Public 3 Law 116–94). 4 (9) The Legislative Branch Appropriations Act, 5 2020 (division E of Public Law 116–94), and sec- 6 tion 7 of Public Law 116–94. 7 (10) The Military Construction, Veterans Af- 8 fairs, and Related Agencies Appropriations Act, 9 2020 (division F of Public Law 116–94), except title 10 V. 11 (11) The Department of State, Foreign Oper- 12 ations, and Related Programs Appropriations Act, 13 2020 (division G of Public Law 116–94). 14 (12) The Transportation, Housing and Urban 15 Development, and Related Agencies Appropriations 16 Act, 2020 (division H of Public Law 116–94). 17 SEC. 102. (a) No appropriation or funds made avail- 18 able or authority granted pursuant to section 101 for the 19 Department of Defense shall be used for— 20 (1) the new production of items not funded for 21 production in fiscal year 2020 or prior years; 22 (2) the increase in production rates above those 23 sustained with fiscal year 2020 funds; or 24 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 8319 IH (3) the initiation, resumption, or continuation 1 of any project, activity, operation, or organization 2 (defined as any project, subproject, activity, budget 3 activity, program element, and subprogram within a 4 program element, and for any investment items de- 5 fined as a P–1 line item in a budget activity within 6 an appropriation account and an R–1 line item that 7 includes a program element and subprogram element 8 within an appropriation account) for which appro- 9 priations, funds, or other authority were not avail- 10 able during fiscal year 2020. 11 (b) No appropriation or funds made available or au- 12 thority granted pursuant to section 101 for the Depart- 13 ment of Defense shall be used to initiate multi-year pro- 14 curements utilizing advance procurement funding for eco- 15 nomic order quantity procurement unless specifically ap- 16 propriated later. 17 SEC. 103. Appropriations made by section 101 shall 18 be available to the extent and in the manner that would 19 be provided by the pertinent appropriations Act. 20 SEC. 104. Except as otherwise provided in section 21 102, no appropriation or funds made available or author- 22 ity granted pursuant to section 101 shall be used to ini- 23 tiate or resume any project or activity for which appro- 24 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 8319 IH priations, funds, or other authority were not available dur- 1 ing fiscal year 2020. 2 SEC. 105. Appropriations made and authority grant- 3 ed pursuant to this Act shall cover all obligations or ex- 4 penditures incurred for any project or activity during the 5 period for which funds or authority for such project or 6 activity are available under this Act. 7 SEC. 106. Unless otherwise provided for in this Act 8 or in the applicable appropriations Act for fiscal year 9 2021, appropriations and funds made available and au- 10 thority granted pursuant to this Act shall be available 11 until whichever of the following first occurs: 12 (1) The enactment into law of an appropriation 13 for any project or activity provided for in this Act. 14 (2) The enactment into law of the applicable 15 appropriations Act for fiscal year 2021 without any 16 provision for such project or activity. 17 (3) December 11, 2020. 18 SEC. 107. Expenditures made pursuant to this Act 19 shall be charged to the applicable appropriation, fund, or 20 authorization whenever a bill in which such applicable ap- 21 propriation, fund, or authorization is contained is enacted 22 into law. 23 SEC. 108. Appropriations made and funds made 24 available by or authority granted pursuant to this Act may 25 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 8319 IH be used without regard to the time limitations for submis- 1 sion and approval of apportionments set forth in section 2 1513 of title 31, United States Code, but nothing in this 3 Act may be construed to waive any other provision of law 4 governing the apportionment of funds. 5 SEC. 109. Notwithstanding any other provision of 6 this Act, except section 106, for those programs that 7 would otherwise have high initial rates of operation or 8 complete distribution of appropriations at the beginning 9 of fiscal year 2021 because of distributions of funding to 10 States, foreign countries, grantees, or others, such high 11 initial rates of operation or complete distribution shall not 12 be made, and no grants shall be awarded for such pro- 13 grams funded by this Act that would impinge on final 14 funding prerogatives. 15 SEC. 110. This Act shall be implemented so that only 16 the most limited funding action of that permitted in the 17 Act shall be taken in order to provide for continuation of 18 projects and activities. 19 SEC. 111. (a) For entitlements and other mandatory 20 payments whose budget authority was provided in appro- 21 priations Acts for fiscal year 2020, and for activities under 22 the Food and Nutrition Act of 2008, activities shall be 23 continued at the rate to maintain program levels under 24 current law, under the authority and conditions provided 25 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 8319 IH in the applicable appropriations Act for fiscal year 2020, 1 to be continued through the date specified in section 2 106(3). 3 (b) Notwithstanding section 106, obligations for man- 4 datory payments due on or about the first day of any 5 month that begins after October 2020 but not later than 6 30 days after the date specified in section 106(3) may con- 7 tinue to be made, and funds shall be available for such 8 payments. 9 SEC. 112. Amounts made available under section 101 10 for civilian personnel compensation and benefits in each 11 department and agency may be apportioned up to the rate 12 for operations necessary to avoid furloughs within such de- 13 partment or agency, consistent with the applicable appro- 14 priations Act for fiscal year 2020, except that such author- 15 ity provided under this section shall not be used until after 16 the department or agency has taken all necessary actions 17 to reduce or defer non-personnel-related administrative ex- 18 penses. 19 SEC. 113. Funds appropriated by this Act may be 20 obligated and expended notwithstanding section 10 of 21 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 22 State Department Basic Authorities Act of 1956 (22 23 U.S.C. 2680), section 313 of the Foreign Relations Au- 24 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 25 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 10 •HR 8319 IH 6212), and section 504(a)(1) of the National Security Act 1 of 1947 (50 U.S.C. 3094(a)(1)). 2 SEC. 114. (a) Each amount incorporated by reference 3 in this Act that was previously designated by the Congress 4 for Overseas Contingency Operations/Global War on Ter- 5 rorism or as an emergency requirement pursuant to sec- 6 tion 251(b)(2)(A) of the Balanced Budget and Emergency 7 Deficit Control Act of 1985 or as being for disaster relief 8 pursuant to section 251(b)(2)(D) of such Act is des- 9 ignated by the Congress for Overseas Contingency Oper- 10 ations/Global War on Terrorism or as an emergency re- 11 quirement pursuant to section 251(b)(2)(A) of such Act 12 or as being for disaster relief pursuant to section 13 251(b)(2)(D) of such Act, respectively. 14 (b) Section 6 of Public Law 116–94 shall apply to 15 amounts designated in subsection (a) and sections 126 16 and 163 of this Act for Overseas Contingency Operations/ 17 Global War on Terrorism or as an emergency requirement. 18 (c) This section shall become effective immediately 19 upon enactment of this Act, and shall remain in effect 20 through the date in section 106(3). 21 SEC. 115. (a) Rescissions or cancellations of discre- 22 tionary budget authority that continue pursuant to section 23 101 in Treasury Appropriations Fund Symbols (TAFS)— 24 VerDate Sep 11 2014 00:00 Sep 22, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H8319.IH H8319 pamtmann on DSKBC07HB2PROD with BILLS 11 •HR 8319 IH (1) to which other appropriations are not pro- 1 vided by this Act, but for which there is a current 2 applicable TAFS that does receive an appropriation 3 in this Act; or 4 (2) which are no-year TAFS and receive other 5 appropriations in this Act, 6 may be continued instead by reducing the rate for oper- 7 ations otherwise provided by section 101 for such current 8 applicable TAFS, as long as doing so does not impinge 9 on the final funding prerogatives of the Congress. 10 (b) Rescissions or cancellations described in sub- 11 section (a) shall continue in an amount equal to the lesser 12 of— 13 (1) the amount specified for rescission or can- 14 cellation in the applicable appropriations Act ref- 15 erenced in section 101 of this Act; or 16 (2) the amount of balances available, as of Oc- 17 tober 1, 2020, from the funds specified for rescission 18 or cancellation in the applicable appropriations Act 19 referenced in section 101 of this Act. 20 (c) No later than November [Text truncated for display. 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