Attachment L Continuing Appropriations Act, 2021 and Other Extensions Act

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 709

Public Law 116–159
116th Congress
An Act
Oct. 1, 2020
[H.R. 8337]

Making continuing appropriations for fiscal year 2021, 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,
2021 and Other Extensions Act’’.

Continuing
Appropriations
Act, 2021 and
Other Extensions
Act.

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, 2021
DIVISION B—SURFACE TRANSPORTATION PROGRAM EXTENSION
Title I—Surface Transportation Programs
Title II—Trust Funds
DIVISION C—HEALTH EXTENDERS
Title
Title
Title
Title
Title
Title

I—Public Health Extenders
II—Medicare Extenders
III—Medicaid Extenders
IV—Medicare Part B Premium Adjustment
V—Accelerated and Advance Payment Programs
VI—Offsets
DIVISION D—OTHER MATTERS

Title I—Emergency Stopgap USCIS Stabilization Act
Title II—United States Parole Commission Extension
Title III—Antitrust Criminal Penalty Enhancement and Reform Permanent Extension Act
Title IV—Community Services and Supports
Title V—Budgetary Effects
Title VI—Nutrition and Commodities Programs
DIVISION E—DEPARTMENT OF VETERANS AFFAIRS EXTENSIONS
Title
Title
Title
Title

I—Extensions of Authorities Relating to Health Care
II—Extensions of Authorities Relating to Benefits
III—Extensions of Authorities Relating to Homeless Veterans
IV—Extensions of Other Authorities and Other Matters

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 3. REFERENCES.

1 USC 1 note.

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.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00001

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

134 STAT. 710

PUBLIC LAW 116–159—OCT. 1, 2020

DIVISION A—CONTINUING
APPROPRIATIONS ACT, 2021

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Continuing
Appropriations
Act, 2021.

The following sums are hereby appropriated, out of any money
in the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units
of Government for fiscal year 2021, and for other purposes, namely:
SEC. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for
fiscal year 2020 and under the authority and conditions provided
in such Acts, for continuing projects or activities (including the
costs of direct loans and loan guarantees) that are not otherwise
specifically provided for in this Act, that were conducted in fiscal
year 2020, and for which appropriations, funds, or other authority
were made available in the following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2020
(division B of Public Law 116–94), except sections 791 and
792.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2020 (division B of Public Law 116–93),
except the last proviso under the heading ‘‘Department of Commerce—Bureau of the Census—Periodic Censuses and Programs’’.
(3) The Department of Defense Appropriations Act, 2020
(division A of Public Law 116–93), except title X.
(4) The Energy and Water Development and Related Agencies Appropriations Act, 2020 (division C of Public Law 116–
94).
(5) The Financial Services and General Government Appropriations Act, 2020 (division C of Public Law 116–93).
(6) The Department of Homeland Security Appropriations
Act, 2020 (division D of Public Law 116–93) (except for amounts
in title II of division D of Public Law 116–93 that were designated by the Congress as being for an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and
Emergency Deficit Control Act of 1985), and title I of division
I of Public Law 116–94.
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2020 (division D of Public
Law 116–94).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2020
(division A of Public Law 116–94).
(9) The Legislative Branch Appropriations Act, 2020 (division E of Public Law 116–94), and section 7 of Public Law
116–94.
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2020 (division F of Public
Law 116–94), except title V.
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2020 (division G of Public
Law 116–94).

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00002

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 711

(12) The Transportation, Housing and Urban Development,
and Related Agencies Appropriations Act, 2020 (division H
of Public Law 116–94).
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 2020 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2020 funds; or
(3) The initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any
project, subproject, activity, budget activity, program element,
and subprogram within a program element, and for any investment items defined as a P–1 line item in a budget activity
within an appropriation account and an R–1 line item that
includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2020.
(b) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense
shall be used to initiate multi-year procurements utilizing advance
procurement funding for economic order quantity procurement
unless specifically appropriated later.
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 pursuant to section 101 shall be used to initiate or resume any project
or activity for which appropriations, funds, or other authority were
not available during fiscal year 2020.
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 2021, appropriations
and funds made available and authority granted pursuant to this
Act shall be available until whichever of the following first occurs:
(1) The enactment into law of an appropriation for any
project or activity provided for in this Act.
(2) The enactment into law of the applicable appropriations
Act for fiscal year 2021 without any provision for such project
or activity.
(3) December 11, 2020.
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 apportionments set forth in section 1513 of title 31, United States Code,
but nothing in this Act may be construed to waive any other
provision of law governing the apportionment of funds.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00003

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Contracts.

Expiration date.

PUBL159

134 STAT. 712

Continuation.

Time period.

Applicability.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Effective date.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

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 appropriations at the beginning of fiscal year 2021 because of distributions
of funding to States, foreign countries, grantees, or others, such
high initial rates of operation or complete distribution shall not
be made, and no grants shall be awarded for such programs funded
by this Act that would impinge on final funding prerogatives.
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 activities.
SEC. 111. (a) For entitlements and other mandatory payments
whose budget authority was provided in appropriations Acts for
fiscal year 2020, and for activities under the Food and Nutrition
Act of 2008, activities shall be continued at the rate to maintain
program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year
2020, to be continued through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins
after October 2020 but not later than 30 days after the date specified
in section 106(3) may continue to be made, and funds shall be
available for such payments.
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 2020, except
that such authority provided under this section shall not be used
until after the department or agency has taken all necessary actions
to reduce or defer non-personnel-related administrative expenses.
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 Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations 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 emergency requirement pursuant to section 251(b)(2)(A) of the Balanced
Budget and Emergency Deficit Control Act of 1985 or as being
for disaster relief pursuant to section 251(b)(2)(D) of such Act is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism or as an emergency requirement pursuant
to section 251(b)(2)(A) of such Act or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act, respectively.
(b) Section 6 of Public Law 116–94 shall apply to amounts
designated in subsection (a) and sections 126 and 163 of this Act
for Overseas Contingency Operations/Global War on Terrorism or
as an emergency requirement.
(c) This section shall become effective immediately upon enactment of this Act, and shall remain in effect through the date
in section 106(3).

Jkt 019139

PO 00159

Frm 00004

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 713

SEC. 115. (a) Rescissions or cancellations of discretionary budget
authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)—
(1) to which other appropriations are not provided by this
Act, but for which there is a current applicable TAFS that
does receive an appropriation in this Act; or
(2) which are no-year TAFS and receive other appropriations in this Act,
may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS,
as long as doing so does not impinge on the final funding prerogatives of the Congress.
(b) Rescissions or cancellations described in subsection (a) shall
continue in an amount equal to the lesser of—
(1) the amount specified for rescission or cancellation in
the applicable appropriations Act referenced in section 101
of this Act; or
(2) the amount of balances available, as of October 1,
2020, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section 101
of this Act.
(c) No later than November 20, 2020, the Director of the Office
of Management and Budget shall provide to the Committees on
Appropriations of the House of Representatives and the Senate
a comprehensive list of the rescissions or cancellations that will
continue pursuant to section 101: Provided, 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, 2020, from the funds specified for rescission or cancellation 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. Notwithstanding section 101, amounts are available
in the ‘‘Rural Utilities Service—Rural Water and Waste Disposal
Program Account’’ of the Department of Agriculture for gross obligations for the principal amount of direct and guaranteed loans as
authorized by section 306 and described in section 381E(d)(2) of
the Consolidated Farm and Rural Development Act, as follows:
$1,400,000,000 for direct loans; and $50,000,000 for guaranteed
loans.
SEC. 117. Amounts made available by section 101 for ‘‘Department 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 2021.
SEC. 118. Amounts made available by section 101 for ‘‘Department of Agriculture—Domestic Food Programs—Food and Nutrition
Service—Commodity Assistance Program’’ may be apportioned up
to the rate for operations necessary to maintain current program
caseload in the Commodity Supplemental Food Program.
SEC. 119. Amounts made available by section 101 for ‘‘Farm
Service Agency—Agricultural Credit Insurance Fund Program
Account’’ may be apportioned up to the rate for operations necessary

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00005

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Rescissions.
Continuations.

Deadline.
Lists.

Deadline.

PUBL159

134 STAT. 714

133 Stat. 2640.

Contracts.
Effective date.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Rescissions.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

to accommodate approved applications for direct and guaranteed
farm ownership loans, as authorized by 7 U.S.C. 1922 et seq.
SEC. 120. Section 260 of the Agricultural Marketing Act of
1946 (7 U.S.C. 1636i) and section 942 of the Livestock Mandatory
Reporting Act of 1999 (7 U.S.C. 1635 note; Public Law 106–78)
shall be applied by substituting the date specified in section 106(3)
of this Act for ‘‘September 30, 2020’’.
SEC. 121. (a) Sections 7(j)(5), 7A(l)(4), and 21(e) of the United
States Grain Standards Act (7 U.S.C. 79(j)(5), 79a(l)(4), 87j(e)) shall
be applied by substituting the date specified in section 106(3) of
this Act for ‘‘September 30, 2020’’ each place it appears.
(b) Sections 7D and 19 of the United States Grain Standards
Act (7 U.S.C. 79d, 87h) shall be applied by substituting ‘‘2021’’
for ‘‘2020’’.
SEC. 122. Section 7605(b) of the Agriculture Improvement Act
of 2018 (7 U.S.C. 5940 note; Public Law 115–334) is amended
by striking ‘‘the date that is 1 year after the date on which the
Secretary establishes a plan under section 297C of the Agricultural
Marketing Act of 1946’’ and inserting ‘‘September 30, 2021’’.
SEC. 123. Notwithstanding section 101, the second paragraph
under the heading ‘‘Department of Health and Human Services—
Food and Drug Administration—Salaries and Expenses’’ in title
VI of division B of Public Law 116–94 shall be applied by striking
‘‘, contingent upon the enactment of the Over-the-Counter Monograph User Fee Act of 2019,’’.
SEC. 124. Notwithstanding section 101, amounts are provided
for ‘‘Department of Commerce—Bureau of the Census—Periodic
Censuses and Programs’’ at a rate for operations of $1,514,709,000:
Provided, That amounts made available under such heading by
this Act may be apportioned up to the rate for operations necessary
to conduct the 2020 Decennial Census Program.
SEC. 125. (a)(1) Notwithstanding any other provision of this
Act, the Secretary of the Navy may enter into a contract, beginning
with fiscal year 2021, for the procurement of up to two Columbia
class submarines.
(2) With respect to a contract entered into under subsection
(a), the Secretary of the Navy may use incremental funding
to make payments under the contract.
(3) Any contract entered into under subsection (a) shall
provide that—
(A) any obligation of the United States to make a
payment under the contract is subject to the availability
of appropriations for that purpose; and
(B) total liability of the Federal Government for termination of any contract entered into shall be limited to
the total amount of funding obligated to the contract at
time of termination.
(b) Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for ‘‘Shipbuilding
and Conversion, Navy’’ may be apportioned up to the rate for
operations necessary for ‘‘Ohio Replacement Submarine (Full
Funding)’’ in an amount not to exceed $1,620,270,000.
SEC. 126. (a) The remaining unobligated balances of funds
as of September 30, 2020, from amounts made available to ‘‘Department of Defense—Other Department of Defense Programs—Office
of the Inspector General’’ in title III of division B of the CARES
Act (Public Law 116–136), are hereby rescinded, and, in addition

Jkt 019139

PO 00159

Frm 00006

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 715

to amounts otherwise provided by section 101, an amount of additional new budget authority equivalent to the amount rescinded
pursuant to this subsection is hereby appropriated on September
30, 2020, for an additional amount for fiscal year 2020, to remain
available until September 30, 2021, and shall be available for the
same purposes, in addition to other funds as may be available
for such purposes, and under the same authorities for which the
funds were originally provided in Public Law 116–136: Provided,
That the amounts rescinded pursuant to this subsection that were
previously 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 are designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of that Act: Provided further, That such amount
is designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
(b)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, or
if the designation in section 114(b) occurs after September
30, 2020, this section shall be applied as if it were in effect
on September 30, 2020.
SEC. 127. (a) No funds shall be transferred directly from
‘‘Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power
Administration’’ to the general fund of the Treasury in fiscal year
2020.
(b)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, this
section shall be applied as if it were in effect on September
30, 2020.
SEC. 128. (a) Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be
applied by substituting the date specified in section 106(3) of this
Act for ‘‘September 30, 2020’’.
(b) Section 301 of the Reclamation States Emergency Drought
Relief Act of 1991 (43 U.S.C. 2241) shall be applied by substituting
‘‘2006 through 2021’’ for ‘‘2006 through 2020’’.
SEC. 129. Section 3007(a)(5)(A)(i)(II)(bb) of the Scholarships
for Opportunity and Results Act (sec. 38–1853.07(a)(5)(A)(i)(II)(bb),
D.C. Official Code) is amended by striking ‘‘5 years’’ and inserting
‘‘6 years’’.
SEC. 130. Notwithstanding any other provision of this Act,
except section 106, the District of Columbia may expend local funds
made available under the heading ‘‘District of Columbia—District
of Columbia Funds’’ for such programs and activities under the
District of Columbia Appropriations Act, 2020 (title IV of division
C of Public Law 116–93) at the rate set forth in the Fiscal Year
2021 Local Budget Act of 2020 (D.C. Act 23–408), as modified
as of the date of enactment of this Act.
SEC. 131. In addition to the amounts otherwise provided by
section 101, for ‘‘District of Columbia—Federal Payment for Emergency Planning and Security Costs in the District of Columbia’’,
there is appropriated $13,000,000, for an additional amount for

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00007

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Effective date.
Applicability.

Effective date.
Applicability.

Applicability.

Applicability.

PUBL159

134 STAT. 716

Applicability.

133 Stat. 2475.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Reimbursement.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

fiscal year 2021, to remain available until expended, for costs associated with the Presidential Inauguration held in January 2021.
SEC. 132. Notwithstanding section 101, the matter preceding
the first proviso under the heading ‘‘Small Business Administration—Business Loans Program Account’’ in title V of division C
of Public Law 116–93 shall be applied by substituting ‘‘$15,000,000’’
for ‘‘$99,000,000’’ and the third proviso shall be applied as if the
language read as follows: ‘‘Provided further, That commitments
for general business loans authorized under paragraphs (1) through
(35) of section 7(a) of the Small Business Act shall not exceed
$30,000,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving
loans:’’: Provided, That amounts made available under such heading
by this Act may be apportioned up to the rate for operations
necessary to accommodate increased demand for commitments for
general business loans authorized under paragraphs (1) through
(35) of section 7(a) of the Small Business Act (15 U.S.C. 636(a))
and for commitments to guarantee loans for debentures under section 303(b) of the Small Business Investment Act of 1958 (15
U.S.C 683(b)).
SEC. 133. Amounts made available by section 101 for ‘‘Small
Business Administration—Disaster Loans Program Account’’ may
be apportioned up to the rate for operations necessary to accommodate increased demand for commitments for disaster administrative
expenses.
SEC. 134. (a) Notwithstanding section 101, amounts are provided for ‘‘General Services Administration—Expenses, Presidential
Transition’’ for necessary expenses to carry out the Presidential
Transition Act of 1963 (3 U.S.C. 102 note), at a rate for operations
of $9,900,000, of which not to exceed $1,000,000 is for activities
authorized by sections 3(a)(8) and 3(a)(9) of such Act: Provided,
That such amounts may be transferred and credited to the ‘‘Acquisition Services Fund’’ or ‘‘Federal Buildings Fund’’ to reimburse
obligations incurred prior to enactment of this Act for the purposes
provided herein related to the Presidential election in 2020: Provided further, That amounts available under this section shall be
in addition to any other amounts available for such purposes.
(b) Notwithstanding section 101, no funds are provided by
this Act for ‘‘General Services Administration—Pre-Election Presidential Transition’’.
SEC. 135. Amounts made available by section 101 for ‘‘General
Services
Administration—Real
Property
Activities—Federal
Buildings Fund—Limitations on Availability of Revenue’’ may be
apportioned up to the rate for operations necessary for monthly
rental of space operations.
SEC. 136. Notwithstanding section 101, for expenses of the
Office of Administration to carry out the Presidential Transition
Act of 1963, as amended, and similar expenses, in addition to
amounts otherwise appropriated by law, amounts are provided to
‘‘Presidential Transition Administrative Support’’ at a rate for operations of $8,000,000: Provided, That such funds may be transferred
to other accounts that provide funding for offices within the Executive Office of the President and the Office of the Vice President
in this Act or any other Act, to carry out such purposes: Provided
further, That such amounts may be apportioned up to the rate
for operations necessary to carry out such responsibilities.

Jkt 019139

PO 00159

Frm 00008

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 717

SEC. 137. In addition to amounts provided in section 101,
an additional amount is provided for ‘‘National Archives and
Records Administration—Operating Expenses’’ to carry out transition responsibilities of the Archivist of the United States under
sections 2201 through 2207 of title 44, United States Code (commonly known as the ‘‘Presidential Records Act of 1978’’) in the
event of a Presidential Transition at a rate for operations of
$18,000,000: Provided, That such amounts may be apportioned
up to the rate for operations necessary to carry out such responsibilities.
SEC. 138. Amounts made available by section 101 for ‘‘Office
of Personnel Management—Salaries and Expenses’’, including
amounts to be transferred from the appropriate trust funds of
the Office of Personnel Management without regard to other statutes, may be apportioned up to the rate for operations necessary
to cover any expected shortfall in administrative expenses resulting
from the transfer of the National Background Investigations Bureau
function to the Department of Defense.
SEC. 139. Section 2(b)(2)(C)(i) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law
112–121) is amended (with regard to the 1st vacancy in the eastern
district of Tennessee) by striking ‘‘5 years’’ and inserting ‘‘9 years’’.
SEC. 140. Section 3610 of division A of the CARES Act (Public
Law 116–136) shall be applied by substituting the date in section
106(3) of this Act for ‘‘September 30, 2020’’.
SEC. 141. Amounts made available by section 101 to the Department of Homeland Security for ‘‘Office of the Secretary and Executive Management—Operations and Support’’, ‘‘Management Directorate—Operations and Support’’, and ‘‘Intelligence, Analysis, and
Operations Coordination—Operations and Support’’ may be apportioned up to the rate for operations necessary to carry out activities
previously funded by the Working Capital Fund of the Department
of Homeland Security, consistent with the fiscal year 2021 President’s Budget proposal, submitted pursuant to section 1105(a) of
title 31, United States Code, and accompanying justification materials.
SEC. 142. Amounts made available by section 101 to the Department of Homeland Security under the heading ‘‘Coast Guard—
Operations and Support’’ may be available for the pay and benefits
of Coast Guard Yard and Vessel Documentation personnel, NonAppropriated Funds personnel, and for Morale, Welfare and Recreation Programs.
SEC. 143. Section 9307(f)(1) of title 46, United States Code
shall be applied by substituting the date specified in section 106(3)
of this Act for ‘‘September 30, 2020’’.
SEC. 144. Amounts made available by section 101 to the Department of Homeland Security under the heading ‘‘Cybersecurity and
Infrastructure Security Agency’’ may be obligated in the account
and budget structure set forth in H.R. 7669 and the accompanying
House Report 116–458, as reported by the House Committee on
Appropriations on July 15, 2020.
SEC. 145. Amounts made available by section 101 to the Department of Homeland Security under the heading ‘‘Federal Emergency
Management Agency—Disaster Relief Fund’’ may be apportioned
up to the rate for operations necessary to carry out response and
recovery activities under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00009

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Applicability.
Ante, p. 414.

Applicability.

PUBL159

134 STAT. 718

Effective date.
42 USC 4016
note.
Applicability.
Applicability.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Applicability.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

SEC. 146. (a) Section 1309(a) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4016(a)) is amended by striking ‘‘September
30, 2019’’ and inserting ‘‘September 30, 2021’’.
(b) Section 1319 of the National Flood Insurance Act of 1968
(42 U.S.C. 4026) is amended by striking ‘‘September 30, 2019’’
and inserting ‘‘September 30, 2021’’.
(c)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, this
section shall be applied as if it were in effect on September
30, 2020.
SEC. 147. (a) Notwithstanding section 101, the following shall
be applied by substituting ‘‘$0’’ for—
(1) ‘‘$32,300,000’’ in the first paragraph under the heading
‘‘Bureau of Land Management—Land Acquisition’’;
(2) ‘‘$10,000,000’’, and ‘‘$320,000’’ in the first paragraph
under the heading ‘‘United States Fish and Wildlife Service—
Land Acquisition’’;
(3) ‘‘$3,628,000’’ in the second paragraph under the heading
‘‘United States Fish and Wildlife Service—Land Acquisition’’;
(4) ‘‘$30,800,000’’ and ‘‘$23,702,000’’ for ‘‘$54,502,000’’ in
the first paragraph under the heading ‘‘United States Fish
and Wildlife Service—Cooperative Endangered Species Conservation Fund’’;
(5) ‘‘$208,400,000’’, ‘‘$140,000,000’’, and ‘‘$13,000,000’’ in
the first paragraph under the heading ‘‘National Park Service—
Land Acquisition and State Assistance’’;
(6) ‘‘$63,990,000’’ and ‘‘$283,000,000’’ for ‘‘$346,990,000’’
under the heading ‘‘Forest Service—State and Private Forestry’’; and
(7) ‘‘$78,898,000’’ in the first paragraph under the heading
‘‘Forest Service—Land Acquisition’’.
(b) Notwithstanding section 101, the first paragraph under
the heading ‘‘United States Fish and Wildlife Service—Land
Acquisition’’ shall be applied by substituting ‘‘$7,550,000’’ for
‘‘$70,715,000’’.
(c) Amounts made available by section 101 to the Department
of the Interior for ‘‘Departmental Offices—Office of the Secretary—
Departmental Operations’’ may be apportioned up to the rate for
operations necessary to fund the Appraisal and Valuation Services
Office and such amounts shall be derived from the Land and Water
Conservation Fund.
SEC. 148. Amounts made available by section 101 to the Forest
Service may be obligated in the account and budget structure set
forth in the table provided by the Secretary of Agriculture to the
Committees on Appropriations of the Senate and the House of
Representatives prior to the end of fiscal year 2020 pursuant to
section 435(d) of the Department of the Interior, Environment,
and Related Agencies Appropriations Act, 2020 (division D of Public
Law 116–94): Provided, That amounts made available by section
101 under the heading ‘‘Forest Service—National Forest System’’
shall be available for the base salary and expenses of employees
that carry out the functions funded by the ‘‘Capital Improvement
and Maintenance’’ account, the ‘‘Range Betterment Fund’’ account,
and the ‘‘Management of National Forests for Subsistence Uses’’
account and may be apportioned up to the rate for operations
necessary to fund such base salary and expenses of such employees.

Jkt 019139

PO 00159

Frm 00010

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 719

SEC. 149. Activities authorized by part A of title IV and section
1108(b) of the Social Security Act shall continue through the date
specified in section 106(3) of this Act, in the manner authorized
for fiscal year 2020, and out of any money in the Treasury of
the United States not otherwise appropriated, there are hereby
appropriated such sums as may be necessary for such purpose:
Provided, That grants under section 418 of the Social Security
Act shall be issued on the same basis as grants under section
403(a)(1) of such Act.
SEC. 150. (a) The remaining unobligated balances of funds
as of September 30, 2020, from amounts credited and merged pursuant to the second proviso under the heading ‘‘Department of Health
and Human Services—Centers for Disease Control and Prevention—
Buildings and Facilities’’ in title II of the Departments of Labor,
Health and Human Services, Education, and Related Agencies
Appropriations Act, 2016 (division H of Public Law 114–113) are
hereby rescinded, and, in addition to amounts otherwise provided
by section 101, an amount of additional new budget authority
equivalent to the amount rescinded pursuant to this subsection
is hereby appropriated on September 30, 2020, for an additional
amount for fiscal year 2020, to remain available until September
30, 2025, and shall be available for the same purposes, in addition
to other funds as may be available for such purposes, and under
the same authorities for which the funds were originally transferred
and merged pursuant to Public Law 114–113.
(b)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, this
section shall be applied as if it were in effect on September
30, 2020.
SEC. 151. (a) Notwithstanding section 101, section 529 of division A of Public Law 116–94 shall be applied by substituting
‘‘$1,150,000,000’’ for ‘‘$3,169,819,000’’ and by substituting ‘‘section
2104(a)(24)’’ for ‘‘section 2104(a)(23)’’.
(b) Notwithstanding section 101, section 530 of division A of
Public Law 116–94 shall be applied by substituting
‘‘$11,005,661,000’’ for ‘‘$6,093,181,000’’.
SEC. 152. (a) Funds made available in Public Law 113–235
to the accounts of the National Institutes of Health that were
available for obligation through fiscal year 2015 and were obligated
for multi-year research grants shall be available through fiscal
year 2021 for the liquidation of valid obligations incurred in fiscal
year 2015 if the Director of the National Institutes of Health determines the project suffered an interruption of activities attributable
to SARS–CoV–2.
(b)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, this
section shall be applied as if it were in effect on September
30, 2020.
SEC. 153. (a) Funds made available in Public Law 113–76
under the heading ‘‘Rehabilitation Services and Disability Research’’
that were available for obligation through fiscal year 2015 for
the Automated Personalization Computing Project pursuant to the
first four provisos under that heading in that Act are to remain
available through fiscal year 2021 for the liquidation of valid obligations incurred in fiscal years 2014 or 2015.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00011

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Continuation
date.

Grants.

Rescissions.

Effective date.
Applicability.

Applicability.
133 Stat. 2611.

Applicability.
133 Stat. 2611.

Effective date.
Applicability.

Time periods.

PUBL159

134 STAT. 720
Effective date.
Applicability.

Applicability.

Applicability.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Rescissions.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

(b)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, this
section shall be applied as if it were in effect on September
30, 2020.
SEC. 154. Section 114(f) of the Higher Education Act of 1965
(20 U.S.C. 1011c(f)) shall be applied by substituting the date specified in section 106(3) of this Act for ‘‘September 30, 2020’’.
SEC. 155. Section 458(a)(4) of the Higher Education Act of
1965 (20 U.S.C. 1087h(a)(4)) shall be applied through the date
specified in section 106(3) of this Act by substituting ‘‘2021’’ for
‘‘2020’’.
SEC. 156. (a) The remaining unobligated balances of funds
as of September 30, 2020, from amounts made available to ‘‘Corporation for National and Community Service—Salaries and Expenses’’
in title IV of division A of the Further Consolidated Appropriations
Act, 2020 (Public Law 116–94), are hereby rescinded, and in addition to amounts otherwise provided by section 101, an amount
of additional new budget authority equivalent to the amount
rescinded pursuant to this subsection is hereby appropriated on
September 30, 2020, for an additional amount for fiscal year 2020,
to remain available until September 30, 2021, and shall be available
for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities for which
the funds were originally provided in Public Law 116–94.
(b) The remaining unobligated balances of funds as of September 30, 2020, from amounts made available to ‘‘Corporation
for National and Community Service—Operating Expenses’’ in title
IV of division A of the Further Consolidated Appropriations Act,
2020 (Public Law 116–94), are hereby rescinded, and in addition
to amounts otherwise provided by section 101, an amount of additional new budget authority equivalent to the amount rescinded
pursuant to this subsection is hereby appropriated on September
30, 2020, for an additional amount for fiscal year 2020, to remain
available until September 30, 2021, and shall be available for the
same purposes, in addition to other funds as may be available
for such purposes, and under the same authorities for which the
funds were originally provided in Public Law 116–94: Provided,
That any amounts appropriated by the preceding proviso shall
not be subject to the allotment requirements otherwise applicable
under sections 129(a), (b), (d), and (e) of the National and Community Service Act of 1993.
(c) The remaining unobligated balances of funds as of September 30, 2020, from amounts made available to ‘‘Corporation
for National and Community Service—Office of Inspector General’’
in title IV of division A of the Further Consolidated Appropriations
Act, 2020 (Public Law 116–94), are hereby rescinded, and in addition to amounts otherwise provided by section 101, an amount
of additional new budget authority equivalent to the amount
rescinded pursuant to this subsection is hereby appropriated on
September 30, 2020, for an additional amount for fiscal year 2020,
to remain available until September 30, 2021, and shall be available
for the same purposes, in addition to other funds as may be available for such purposes, and under the same authorities for which
the funds were originally provided in Public Law 116–94.

Jkt 019139

PO 00159

Frm 00012

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 721

(d)(1) Section 3514(b) of title III of division A of Public Law
116–136 is hereby repealed, and such section shall be applied
hereafter as if such subsection had never been enacted.
(2)(A) IN GENERAL.—The amounts provided under this subsection are designated as an emergency requirement pursuant
to section 4(g) of the Statutory Pay-As-You-Go Act of 2010
(2 U.S.C. 933(g)).
(B) DESIGNATION IN THE SENATE.—In the Senate, this
subsection is designated as an emergency requirement
pursuant to section 4112(a) of H. Con. Res. 71 (115th
Congress), the concurrent resolution on the budget for fiscal
year 2018.
(C) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines
set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–
217 and section 250(c)(7) and (c)(8) of the Balanced Budget
and Emergency Deficit Control Act of 1985, the budgetary
effects of this subsection—
(i) shall not be estimated for purposes of section
251 of such Act;
(ii) shall not be estimated for purposes of paragraph (4)(C) of section 3 of the Statutory Pay AsYou-Go Act of 2010 as being included in an appropriation Act; and
(iii) shall be treated as if they were contained
in a PAYGO Act, as defined by section 3(7) of the
Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 932(7)).
(e)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, this
section shall be applied as if it were in effect on September
30, 2020.
SEC. 157. Notwithstanding any other provision of this Act,
there is hereby appropriated for fiscal year 2021 for payment to
the John R. Lewis Revocable Trust, beneficiary of John R. Lewis,
late a Representative from the State of Georgia, $174,000.
SEC. 158. Notwithstanding section 101, amounts are provided
for ‘‘House of Representatives—Salaries and Expenses’’ at a rate
for operations of $1,383,725,000.
SEC. 159. Notwithstanding any other provision of this Act—
(1) the authority of the Library of Congress to reimburse
the Little Scholars Child Development Center at the Library
of Congress under section 19004 of the CARES Act (2 U.S.C.
162b note; 134 Stat. 578) shall remain in effect with respect
to salaries incurred until the termination of the public health
emergency declared pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d) resulting from the COVID–
19 pandemic; and
(2) the authority of the Government Accountability Office
to reimburse the Tiny Findings Child Development Center
under section 19009 of the CARES Act (134 Stat. 579) shall
remain in effect with respect to salaries incurred until the
termination of the public health emergency declared pursuant
to section 319 of the Public Health Service Act (42 U.S.C.
247d) resulting from the COVID–19 pandemic.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00013

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Repeal.
Applicability.
42 USC 12501
note.

Effective date.
42 USC 12501
note.
Applicability.

Reimbursements.
2 USC 162b note.

PUBL159

134 STAT. 722

Contracts.

Applicability.
Time period.
Effective date.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

133 Stat. 2788.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

(3) Section 19005(a) of the CARES Act (2 U.S.C. 1816b
note; 134 Stat. 578) shall be amended by striking ‘‘for not
more than 16 weeks’’ and inserting in its place ‘‘until the
termination of the public health emergency declared pursuant
to section 319 of the Public Health Service Act (42 U.S.C.
247d) resulting from the COVID–19 pandemic’’.
SEC. 160. (a) EXTENSION.—Notwithstanding sections 3902(a)
and 3904(b) of title 41, United States Code, if the performance
or delivery of services procured under a severable service contract
of the Library of Congress is delayed or otherwise affected by
the COVID–19 Pandemic, the period for the performance or delivery
of services under the contract may be extended for a period equivalent to the delay or suspension of services, but not exceeding an
additional 12 months.
(b) CONTRACTS COVERED.—This section applies with respect
to contracts for severable services procured for a period beginning
in fiscal year 2019 or fiscal year 2020.
SEC. 161. Effective upon enactment of this Act, the matter
preceding the first proviso under the heading ‘‘Department of Veterans Affairs—Veterans Benefits Administration—Compensation
and Pensions’’ in division F of Public Law 116–94 is amended
by replacing ‘‘shall become available on October 1, 2020:’’ with
‘‘, to remain available until expended and to become available
on October 1, 2020:’’.
SEC. 162. Amounts made available by section 101 for ‘‘Department of Veterans Affairs—Departmental Administration—Veterans
Electronic Health Record’’ may be apportioned up to the rate for
operations necessary to maintain support activities related to
implementation and maintenance of a Veterans Electronic Health
Record system, including contractual costs associated with operations authorized by section 3109 of title 5, United States Code,
and salaries and expenses of employees hired under titles 5 and
38, United States Code.
SEC. 163. Notwithstanding section 106 of this Act, at any time
during fiscal year 2021, the Secretary of Veterans Affairs may
transfer up to $140,000,000 of the unobligated balances available
under the heading ‘‘Department of Veterans Affairs—Veterans
Health Administration—Medical Services’’ in title X of division
B of the Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116–136) to the ‘‘Canteen Service Revolving Fund’’ of the
Department to prevent, prepare for, and respond to coronavirus,
domestically or internationally: Provided, That amounts so transferred shall be for offsetting the losses resulting from the
coronavirus pandemic of Veterans Canteen Service collections
pursuant to chapter 78 of title 38, United States Code: Provided
further, That the transferred amounts shall be in addition to any
other funds made available for this purpose: Provided further, That
amounts transferred under 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.
SEC. 164. Amounts made available by section 101 to the Department of State for ‘‘Administration of Foreign Affairs—Repatriation
Loans Program Account’’ may be apportioned up to the rate for

Jkt 019139

PO 00159

Frm 00014

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 723

operations necessary to accommodate increased demand for commitments for repatriation loans authorized by section 4(b)(2)(B) of
the State Department Basic Authorities Act of 1956 (22 U.S.C.
2671(b)(2)(B)).
SEC. 165. Section 21009 of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116–136) shall continue in effect
through the date specified in section 106 of this Act.
SEC. 166. (a) During the period covered by this Act, section
1(b)(1) of the Passport Act of June 4, 1920 (22 U.S.C. 214(b)(1))
shall be applied by substituting ‘‘the costs of providing consular
services’’ for ‘‘such costs’’.
(b) During the period covered by this Act, discretionary amounts
made available by section 101 to the Department of State in title
I under the heading ‘‘Administration of Foreign Affairs’’ and discretionary unobligated balances under such heading from prior Acts
making appropriations for the Department of State, foreign operations, and related programs, may be transferred to the Consular
and Border Security Programs account if the Secretary of State
determines and reports to the Committees on Appropriations that
to do so is necessary to sustain consular operations, following consultation with such Committees: Provided, That such transfer
authority is in addition to any transfer authority otherwise available
in this Act and under any other provision of law: Provided further,
That no amounts may be transferred from amounts designated
for Overseas Contingency Operations/Global War on Terrorism or
as emergency requirements pursuant to a concurrent resolution
on the budget or section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
(c) Amounts made available by section 101 to the Department
of State for ‘‘Diplomatic Programs’’ may be apportioned up to the
rate for operations necessary to sustain consular operations, and
the obligation of such apportioned funds shall be subject to the
regular notification procedures of the Committees on Appropriations.
SEC. 167. Notwithstanding any other provision of this Act,
and subject to the regular notification procedures of the Committees
on Appropriations, the limitations in section 7044(e)(2) of division
G of Public Law 116–94 shall not apply to funds made available
in this Act or in the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2020, for 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. Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended by striking
‘‘October 1, 2020’’ and inserting ‘‘October 1, 2021’’.
SEC. 169. (a) The remaining unobligated balances of funds,
as of September 30, 2020, from amounts made available to ‘‘Department of Transportation—Office of the Secretary—National Infrastructure Investments’’ in title I of division K of the Consolidated
Appropriations Act, 2017 (Public Law 115–31), other than such
funds administratively allocated to carry out the administration
and oversight of awards under the national infrastructure investments program, are hereby rescinded, and in addition to amounts
otherwise provided by section 101, an amount of additional new
budget authority equivalent to the amount rescinded pursuant to

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00015

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Continuation
date.
Applicability.

Determination.
Reports.
Consultation.

Notification.

Notification.

Rescissions.

PUBL159

134 STAT. 724

Rescissions.

Effective date.
Applicability.

Applicability.

133 Stat. 2996.

Time periods.

Effective date.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Applicability.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

this subsection is hereby appropriated on September 30, 2020,
for an additional amount for fiscal year 2020, to remain available
until September 30, 2021, in addition to other funds as may be
available for such purposes, and shall be available, without additional competition, for completing the funding of awards made
pursuant to the fiscal year 2017 National Infrastructure Investments grants (also known as the Better Utilizing Investments to
Leverage Development, or BUILD grants).
(b) The remaining unobligated balances of funds, as of September 30, 2020, from amounts made available to ‘‘Department
of Transportation—Office of the Secretary—National Infrastructure
Investments’’ in title I of division L of the Consolidated Appropriations Act, 2018 (Public Law 115–141), other than such funds
administratively allocated to carry out the administration and oversight of awards under the national infrastructure investments program, are hereby rescinded, and in addition to amounts otherwise
provided by section 101, an amount of additional new budget
authority equivalent to the amount rescinded pursuant to this
subsection is hereby appropriated on September 30, 2020, for an
additional amount for fiscal year 2020, to remain available until
September 30, 2021, in addition to other funds as may be available
for such purposes, and shall be available, without additional competition, for completing the funding of awards made pursuant to
the fiscal year 2018 National Infrastructure Investments grants
(also known as the Better Utilizing Investments to Leverage
Development, or BUILD grants).
(c)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, this
section shall be applied as if it were in effect on September
30, 2020.
SEC. 170. Notwithstanding section 101, the matter preceding
the first proviso under the heading ‘‘Government National Mortgage
Association—Guarantees of Mortgage-Backed Securities Loan Guarantee Program Account’’ in the Further Consolidated Appropriations
Act, 2020 (Public Law 116–94) shall be applied by substituting
‘‘$1,278,000,000,000’’ for ‘‘$550,000,000,000’’: Provided, That
amounts made available under such heading by this Act may be
apportioned up to the rate for operations necessary to accommodate
increased demand for new commitments to issue guarantees to
carry out the purposes of section 306 of the National Housing
Act as amended (12 U.S.C. 1721(g)).
SEC. 171. (a) Funds previously made available in the Consolidated and Further Continuing Appropriations Act, 2013 (Public
Law 113–6) for the ‘‘Choice Neighborhoods Initiative’’ that were
available for obligation through fiscal year 2015 are to remain
available through fiscal year 2021 for the liquidation of valid obligations incurred in fiscal years 2013 through 2015.
(b)(1) This section shall become effective immediately upon
enactment of this Act.
(2) If this Act is enacted after September 30, 2020, this
section shall be applied as if it were in effect on September
30, 2020.
SEC. 172. Amounts made available by section 101 to the Department of Housing and Urban Development for ‘‘Housing Programs—
Housing for the Elderly’’ may be apportioned up to the rate for
operations necessary to—

Jkt 019139

PO 00159

Frm 00016

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 725

(1) maintain project rental assistance for the elderly under
section 202(c)(2) of the Housing Act of 1959 (12 U.S.C. 1701q(2)),
including making amendments to contracts for such assistance and
renewing expiring contracts for such assistance for up to a 1year term; and
(2) be available to make awards to existing grantees to
continue, without competition, demonstration programs to test
housing with services models for the elderly that demonstrate
the potential to delay or avoid the need for nursing home
care.
SEC. 173. 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 August 17, 1961 (15 U.S.C. 713a-11), to reimburse the Commodity
Credit Corporation for net realized losses sustained, but not previously reimbursed, as of September 17, 2020.
This Act may be cited as the ‘‘Continuing Appropriations Act,
2021’’.

Reimbursement.

DIVISION
B—SURFACE
TRANSPORTATION PROGRAM EXTENSION

wwoods2 on LAPJF8D0R2PROD with PUBLAW

TITLE I—SURFACE TRANSPORTATION
PROGRAMS

VerDate Sep 11 2014

SEC. 1101. EXTENSION OF FEDERAL SURFACE TRANSPORTATION PROGRAMS.

23 USC 101 note.

(a) IN GENERAL.—Except as otherwise provided in this division,
the requirements, authorities, conditions, eligibilities, limitations,
and other provisions authorized under the covered laws, which
would otherwise expire on or cease to apply after September 30,
2020, are incorporated by reference and shall continue in effect
through September 30, 2021.
(b) AUTHORIZATION OF APPROPRIATIONS.—
(1) HIGHWAY TRUST FUND.—
(A) HIGHWAY ACCOUNT.—There is authorized to be
appropriated from the Highway Account for fiscal year
2021, for each program with respect to which amounts
are authorized to be appropriated from such account for
fiscal year 2020, an amount equal to the amount authorized
for appropriation with respect to the program from such
account under the covered laws for fiscal year 2020.
(B) MASS TRANSIT ACCOUNT.—There is authorized to
be appropriated from the Mass Transit Account for fiscal
year 2021, for each program with respect to which amounts
are authorized to be appropriated from such account for
fiscal year 2020, an amount equal to the amount authorized
for appropriation with respect to the program from such
account under the covered laws for fiscal year 2020.
(2) GENERAL FUND.—There is authorized to be appropriated
for fiscal year 2021, for each program under the covered laws
with respect to which amounts are authorized to be appropriated for fiscal year 2020 from an account other than the
Highway Account or the Mass Transit Account, an amount

Incorporated by
reference.

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00017

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

134 STAT. 726

PUBLIC LAW 116–159—OCT. 1, 2020

that is not less than the amount authorized for appropriation
with respect to the program under the covered laws for fiscal
year 2020.
(c) USE OF FUNDS.—Amounts authorized to be appropriated
for fiscal year 2021 with respect to a program under subsection
(b) shall be distributed, administered, limited, and made available
for obligation in the same manner as amounts authorized to be
appropriated with respect to the program for fiscal year 2020 under
the covered laws.
(d) OBLIGATION LIMITATION.—A program for which amounts
are authorized to be appropriated under subsection (b)(1) shall
be subject to a limitation on obligations for fiscal year 2021 in
the same amount and in the same manner as the limitation
applicable with respect to the program for fiscal year 2020.
(e) DEFINITIONS.—In this section:
(1) COVERED LAWS.—The term ‘‘covered laws’’ means the
following:
(A) Titles I, II, III, IV, V, VI, VII, VIII, XI, and XXIV
of the FAST Act (Public Law 114–94).
(B) Division A, division B, subtitle A of title I and
title II of division C, and division E of MAP–21 (Public
Law 112–141).
(C) Titles I, II, and III of the SAFETEA–LU Technical
Corrections Act of 2008 (Public Law 110–244).
(D) Titles I, II, III, IV, V, and VI of SAFETEA–LU
(Public Law 109–59).
(E) Titles I, II, III, IV, and V of the Transportation
Equity Act for the 21st Century (Public Law 105–178).
(F) Titles II, III, and IV of the National Highway
System Designation Act of 1995 (Public Law 104–59).
(G) Titles I, II, III, IV, V, and VI of the Intermodal
Surface Transportation Efficiency Act of 1991 (Public Law
102–240).
(H) Title 23, United States Code.
(I) Sections 116, 117, 330, 5128, 5505, and 24905 and
chapters 53, 139, 303, 311, 313, 701, and 702 of title
49, United States Code.
(2) HIGHWAY ACCOUNT.—The term ‘‘Highway Account’’
means the portion of the Highway Trust Fund that is not
the Mass Transit Account.
(3) MASS TRANSIT ACCOUNT.—The term ‘‘Mass Transit
Account’’ means the portion of the Highway Trust Fund established under section 9503(e)(1) of the Internal Revenue Code
of 1986.
SEC.

1102.

NATIONALLY
PROJECTS.

SIGNIFICANT

FREIGHT

AND

HIGHWAY

Section 117(d)(2)(A) of title 23, United States Code, is amended
in the matter preceding clause (i)—
(1) by striking ‘‘$500,000,000’’ and inserting ‘‘$600,000,000’’;
and
(2) by striking ‘‘2020’’ and inserting ‘‘2021’’.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 1103. HIGHWAY SAFETY RESEARCH AND DEVELOPMENT.

Section 403(h)(2) of title 23, United States Code, is amended—
(1) by striking ‘‘2020’’ and inserting ‘‘2021’’; and
(2) by striking ‘‘$21,248,000’’ and inserting ‘‘$26,560,000’’.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00018

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 727

SEC. 1104. RAIL-RELATED PROVISIONS.

(a) FEDERAL FUNDING FOR OPERATING LOSSES.—Section 24321
of title 49, United States Code, is amended—
(1) by striking subsection (d); and
(2) by redesignating subsection (e) as subsection (d).
(b) DIRECT LOANS AND LOAN GUARANTEES.—Section 502(b)(3)
of the Railroad Revitalization and Regulatory Reform Act of 1976
(45 U.S.C. 822(b)(3)) is amended by striking ‘‘September 30, 2020’’
and inserting ‘‘September 30, 2021’’.
SEC. 1105. SUSPENSION FOR EXTENSION PERIOD OF ADJUSTMENTS
FOR ADDITIONAL DEPOSITS INTO HIGHWAY TRUST FUND.

Section 105 of title 23, United States Code, shall not apply
to monies deposited into the Highway Trust Fund by this division.
SEC. 1106. PROHIBITION ON USE OF FUNDS.

None of the funds authorized in this division or any other
Act may be used to adjust apportionments for the Mass Transit
Account of the Highway Trust Fund or withhold funds from apportionments for the Mass Transit Account of the Highway Trust
Fund pursuant to section 9503(e)(4) of the Internal Revenue Code
of 1986 in fiscal year 2021.
SEC. 1107. APPALACHIAN REGIONAL COMMISSION.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 14703 of title
40, United States Code, is amended—
(1) in subsection (a)(5) by striking ‘‘2020’’ and inserting
‘‘2021’’; and
(2) in subsection (c) by striking ‘‘2020’’ and inserting ‘‘2021’’.
(b) TERMINATION.—Section 14704 of title 40, United States
Code, is amended by striking ‘‘2020’’ and inserting ‘‘2021’’.

TITLE II—TRUST FUNDS
SEC. 1201. EXTENSION OF HIGHWAY TRUST FUND EXPENDITURE
AUTHORITY.

Section 9503 of the Internal Revenue Code of 1986 is
amended—
(1) by striking ‘‘October 1, 2020’’ in subsections (b)(6)(B),
(c)(1), and (e)(3) and inserting ‘‘October 1, 2021’’; and
(2) by striking ‘‘FAST Act’’ in subsections (c)(1) and (e)(3)
and inserting ‘‘Continuing Appropriations Act, 2021 and Other
Extensions Act’’.

26 USC 9503.

SEC. 1202. SPORT FISH RESTORATION AND BOATING TRUST FUND.

Section 9504 of the Internal Revenue Code of 1986 is
amended—
(1) by striking ‘‘FAST Act’’ each place it appears in subsection (b)(2) and inserting ‘‘Continuing Appropriations Act,
2021 and Other Extensions Act’’; and
(2) by striking ‘‘October 1, 2020’’ in subsection (d)(2) and
inserting ‘‘October 1, 2021’’.

26 USC 9504.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 1203. LEAKING UNDERGROUND STORAGE TANK TRUST FUND.

Section 9508(e)(2) of the Internal Revenue Code of 1986 is
amended by striking ‘‘October 1, 2020’’ and inserting ‘‘October 1,
2021’’.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00019

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

26 USC 9508.

PUBL159

134 STAT. 728

PUBLIC LAW 116–159—OCT. 1, 2020

SEC. 1204. FURTHER ADDITIONAL TRANSFERS TO HIGHWAY TRUST
FUND.
26 USC 9503.

Subsection (f) of section 9503 of the Internal Revenue Code
of 1986 is amended by redesignating paragraph (10) as paragraph
(11) and by inserting after paragraph (9) the following new paragraph:
‘‘(10) FURTHER TRANSFERS TO TRUST FUND.—Out of money
in the Treasury not otherwise appropriated, there is hereby
appropriated—
‘‘(A) $10,400,000,000 to the Highway Account (as
defined in subsection (e)(5)(B)) in the Highway Trust Fund;
and
‘‘(B) $3,200,000,000 to the Mass Transit Account in
the Highway Trust Fund.’’.
SEC. 1205. ADDITIONAL TRANSFER TO TRUST FUND.

26 USC 9502.

Section 9502 of the Internal Revenue Code of 1986 is amended
by adding at the end the following:
‘‘(f) ADDITIONAL TRANSFER TO TRUST FUND.—Out of money
in the Treasury not otherwise appropriated, there is hereby appropriated $14,000,000,000 to the Airport and Airway Trust Fund.’’.

DIVISION C—HEALTH EXTENDERS
TITLE I—PUBLIC HEALTH EXTENDERS
SEC.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Time period.

VerDate Sep 11 2014

11:05 Oct 21, 2020

2101.

COMMUNITY HEALTH CENTERS, NATIONAL HEALTH
SERVICE CORPS, AND TEACHING HEALTH CENTERS THAT
OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.

(a) COMMUNITY HEALTH CENTERS.—Section 10503(b)(1)(F) of
the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(1)(F)) is amended—
(1) by striking ‘‘$668,493,151’’ and inserting ‘‘$789,041,096’’;
and
(2) by striking ‘‘November 30, 2020’’ and inserting
‘‘December 11, 2020’’.
(b) NATIONAL HEALTH SERVICE CORPS.—Section 10503(b)(2)(H)
of the Patient Protection and Affordable Care Act (42 U.S.C. 254b–
2(b)(2)(H)) is amended—
(1) by striking ‘‘$51,808,219’’ and inserting ‘‘$61,150,685’’;
and
(2) by striking ‘‘November 30, 2020’’ and inserting
‘‘December 11, 2020’’.
(c) TEACHING HEALTH CENTERS THAT OPERATE GRADUATE MEDICAL EDUCATION PROGRAMS.—Section 340H(g)(1) of the Public
Health Service Act (42 U.S.C. 256h(g)(1)) is amended—
(1) by striking ‘‘$21,141,096’’ and inserting ‘‘$24,953,425’’;
and
(2) by striking ‘‘November 30, 2020’’ and inserting
‘‘December 11, 2020’’.
(d) APPLICATION OF PROVISIONS.—Amounts appropriated pursuant to the amendments made by this section for the period beginning on October 1, 2020, through December 11, 2020, shall be
subject to the requirements contained in Public Law 116–94 for
funds for programs authorized under sections 330 through 340
of the Public Health Service Act (42 U.S.C. 254 through 256).

Jkt 019139

PO 00159

Frm 00020

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 729

(e) CONFORMING AMENDMENT.—Paragraph (4) of section 3014(h)
of title 18, United States Code, is amended—
(1) by striking ‘‘Social Services Act,,,’’ and inserting ‘‘Social
Services Act,’’; and
(2) by striking ‘‘and section 3831 of the CARES Act’’ and
inserting ‘‘, section 3831 of the CARES Act, and section 2101
of the Continuing Appropriations Act, 2021 and Other Extensions Act’’.
SEC. 2102. DIABETES PROGRAMS.

(a) SPECIAL DIABETES PROGRAMS FOR TYPE I DIABETES.—Section 330B(b)(2)(D) of the Public Health Service Act (42 U.S.C.
254c–2(b)(2)(D)) is amended—
(1) by striking ‘‘$25,068,493’’ and inserting ‘‘$29,589,042’’;
and
(2) by striking ‘‘November 30, 2020’’ and inserting
‘‘December 11, 2020’’.
(b) SPECIAL DIABETES PROGRAMS FOR INDIANS.—Section
330C(c)(2)(D) of the Public Health Service Act (42 U.S.C. 254c–
3(c)(2)(D)) is amended—
(1) by striking ‘‘$25,068,493’’ and inserting ‘‘$29,589,042’’;
and
(2) by striking ‘‘November 30, 2020’’ and inserting
‘‘December 11, 2020’’.
SEC. 2103. PERSONAL RESPONSIBILITY EDUCATION.

Section 513 of the Social Security Act (42 U.S.C. 713) is
amended by striking ‘‘November 30, 2020’’ each place it appears
and inserting ‘‘December 11, 2020’’.
SEC. 2104. SEXUAL RISK AVOIDANCE EDUCATION.

Section 510 of the Social Security Act (42 U.S.C. 710) is
amended—
(1) by striking ‘‘November 30, 2020’’ each place it appears
and inserting ‘‘December 11, 2020’’;
(2) in subsection (a)(2)(B)(i), by striking ‘‘such period, for
fiscal year 2020’’ and inserting ‘‘the period described in subparagraph (A), for fiscal year 2021’’; and
(3) in subsection (f)(2), by striking ‘‘and 2019’’ and inserting
‘‘through 2020,’’.
SEC. 2105. RARE PEDIATRIC DISEASE PRIORITY REVIEW VOUCHER
EXTENSION.

Section 529(b)(5) of the Federal Food, Drug, and Cosmetic Act
(21 U.S.C. 360ff(b)(5)) is amended—
(1) by striking ‘‘September 30, 2020’’ each place it appears
and inserting ‘‘December 11, 2020’’; and
(2) in subparagraph (B), by striking ‘‘September 30, 2022’’
and inserting ‘‘December 11, 2022’’.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 2106. AUTHORIZATION TO ACCUMULATE EXCESS ANNUAL LEAVE.

(a) IN GENERAL.—Notwithstanding section 219 of the Public
Health Service Act (42 U.S.C. 210–1), a commissioned officer of
the Public Health Service who, except for this section, would lose
at the end of the fiscal year 2020 accumulated annual leave in
excess of 60 days, may retain such amounts of accumulated annual
leave in excess of 60 days.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00021

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

42 USC 210–1
note.

PUBL159

134 STAT. 730

PUBLIC LAW 116–159—OCT. 1, 2020

Deadline.

(b) USE OF EXCESS LEAVE.—Annual leave retained pursuant
to subsection (a) shall be lost unless it is used by the officer
no later than September 30, 2023.
(c) APPLICABILITY.—This section shall not apply to an officer
on terminal leave preceding separation, retirement, or release from
active duty, as of the effective date specified in subsection (d).
(d) EFFECTIVE DATE.—This section shall become effective on
the earlier of—
(1) the date of the enactment of this Act; or
(2) September 30, 2020.

Effective date.
Applicability.
42 USC 231 note.

SEC. 2107. HHS SERVICES AND SUPPLY FUND.

Effective as if included in the enactment of the paragraph
beginning with ‘‘Service and supply fund:’’ under the heading
‘‘Public Health Service’’ in the Federal Security Agency Appropriation Act, 1946 (42 U.S.C. 231), such paragraph shall be applied
with respect to any fiscal year as though the phrase ‘‘central services’’ referred to central services for any Federal agency.

TITLE II—MEDICARE EXTENDERS
SEC. 2201. EXTENSION OF THE WORK GEOGRAPHIC INDEX FLOOR
UNDER THE MEDICARE PROGRAM.

Section 1848(e)(1)(E) of the Social Security Act (42 U.S.C.
1395w–4(e)(1)(E)), as amended by section 3801 of the CARES Act
(Public Law 116–136), is amended by striking ‘‘December 1, 2020’’
and inserting ‘‘December 12, 2020’’.
SEC. 2202. EXTENSION OF FUNDING FOR QUALITY MEASURE ENDORSEMENT, INPUT, AND SELECTION.

Section 1890(d)(2) of the Social Security Act (42 U.S.C.
1395aaa(d)(2)), as amended by section 3802 of the CARES Act
(Public Law 116–136), is amended—
(1) in the first sentence, by striking ‘‘November 30, 2020’’
and inserting ‘‘December 11, 2020’’; and
(2) in the third sentence, by striking ‘‘November 30, 2020’’
and inserting ‘‘December 11, 2020’’.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 2203. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR
LOW-INCOME PROGRAMS.

(a) STATE HEALTH INSURANCE PROGRAMS.—Subsection (a)(1)(B)
of section 119 of the Medicare Improvements for Patients and
Providers Act of 2008 (42 U.S.C. 1395b–3 note), as amended by
section 3306 of the Patient Protection and Affordable Care Act
(Public Law 111–148), section 610 of the American Taxpayer Relief
Act of 2012 (Public Law 112–240), section 1110 of the Pathway
for SGR Reform Act of 2013 (Public Law 113–67), section 110
of the Protecting Access to Medicare Act of 2014 (Public Law 113–
93), section 208 of the Medicare Access and CHIP Reauthorization
Act of 2015 (Public Law 114–10), section 50207 of division E of
the Bipartisan Budget Act of 2018 (Public Law 115–123), section
1402 of division B of the Continuing Appropriations Act, 2020,
and Health Extenders Act of 2019 (Public Law 116–59), section
1402 of division B of the Further Continuing Appropriations Act,
2020, and Further Health Extenders Act of 2019 (Public Law 116–
69), section 103 of division N of the Further Consolidated Appropriations Act, 2020 (Public Law 116–94), and section 3803 of the CARES

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00022

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 731

Act (Public Law 116–136) is amended in clause (xi) by striking
‘‘November 30, 2020’’ and inserting ‘‘December 11, 2020’’.
(b) AREA AGENCIES ON AGING.—Subsection (b)(1)(B) of such
section 119, as so amended, is amended in clause (xi) by striking
‘‘November 30, 2020’’ and inserting ‘‘December 11, 2020’’.
(c) AGING AND DISABILITY RESOURCE CENTERS.—Subsection
(c)(1)(B) of such section 119, as so amended, is amended in clause
(xi) by striking ‘‘November 30, 2020’’ and inserting ‘‘December 11,
2020’’.
(d) CONTRACT WITH THE NATIONAL CENTER FOR BENEFITS AND
OUTREACH ENROLLMENT.—Subsection (d)(2) of such section 119,
as so amended, is amended in clause (xi) by striking ‘‘November
30, 2020’’ and inserting ‘‘December 11, 2020’’.

TITLE III—MEDICAID EXTENDERS
SEC. 2301. EXTENSION OF MONEY FOLLOWS THE PERSON REBALANCING DEMONSTRATION.

Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42
U.S.C. 1396a note), as inserted by section 3811 of the CARES
Act (Public Law 116–136), is amended by striking ‘‘November 30,
2020’’ and inserting ‘‘December 11, 2020’’.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 2302. EXTENSION OF SPOUSAL IMPOVERISHMENT PROTECTIONS.

(a) IN GENERAL.—Section 2404 of the Patient Protection and
Affordable Care Act (42 U.S.C. 1396r–5 note), as amended by section
3812 of the CARES Act (Public Law 116–136), is amended by
striking ‘‘November 30, 2020’’ and inserting ‘‘December 11, 2020’’.
(b) RULE OF CONSTRUCTION.—Nothing in section 2404 of Public
Law 111–148 (42 U.S.C. 1396r–5 note) or section 1902(a)(17) or
1924 of the Social Security Act (42 U.S.C. 1396a(a)(17), 1396r–
5) shall be construed as prohibiting a State from—
(1) applying an income or resource disregard under a methodology authorized under section 1902(r)(2) of such Act (42
U.S.C. 1396a(r)(2))—
(A) to the income or resources of an individual
described in section 1902(a)(10)(A)(ii)(VI) of such Act (42
U.S.C. 1396a(a)(10)(A)(ii)(VI)) (including a disregard of the
income or resources of such individual’s spouse); or
(B) on the basis of an individual’s need for home and
community-based services authorized under subsection (c),
(d), (i), or (k) of section 1915 of such Act (42 U.S.C. 1396n)
or under section 1115 of such Act (42 U.S.C. 1315); or
(2) disregarding an individual’s spousal income and assets
under a plan amendment to provide medical assistance for
home and community-based services for individuals by reason
of being determined eligible under section 1902(a)(10)(C) of
such Act (42 U.S.C. 1396a(a)(10)(C)) or by reason of section
1902(f) of such Act (42 U.S.C. 1396a(f)) or otherwise on the
basis of a reduction of income based on costs incurred for
medical or other remedial care under which the State disregarded the income and assets of the individual’s spouse in
determining the initial and ongoing financial eligibility of an
individual for such services in place of the spousal impoverishment provisions applied under section 1924 of such Act (42
U.S.C. 1396r–5).

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00023

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

42 USC 1396a
note.

PUBL159

134 STAT. 732

PUBLIC LAW 116–159—OCT. 1, 2020

SEC. 2303. DELAY OF DSH REDUCTIONS.

Section 1923(f)(7)(A) of the Social Security Act (42 U.S.C.
1396r–4(f)(7)(A)), as amended by section 3813 of the CARES Act
(Public Law 116–136), is amended—
(1) in clause (i), in the matter preceding subclause (I),
by striking ‘‘December 1, 2020’’ and inserting ‘‘December 12,
2020’’; and
(2) in clause (ii)(I), by striking ‘‘December 1, 2020’’ and
inserting ‘‘December 12, 2020’’.
SEC. 2304. EXTENSION OF COMMUNITY MENTAL HEALTH SERVICES
DEMONSTRATION PROGRAM.

Section 223(d)(3) of the Protecting Access to Medicare Act of
2014 (42 U.S.C. 1396a note), as amended by section 3814 of the
CARES Act (Public Law 116–136), is amended by striking
‘‘November 30, 2020’’ and inserting ‘‘December 11, 2020’’.

TITLE IV—MEDICARE PART B PREMIUM
ADJUSTMENT
SEC. 2401. 2021 MEDICARE PART B PREMIUM AND DEDUCTIBLE.

Applicability.
Determination.

Estimate.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Applicability.

VerDate Sep 11 2014

11:05 Oct 21, 2020

(a) 2021 PREMIUM AND DEDUCTIBLE AND REPAYMENT THROUGH
FUTURE PREMIUMS.—Section 1839(a) of the Social Security Act (42
U.S.C. 1395r(a)) is amended—
(1) in the second sentence of paragraph (1), by striking
‘‘(5) and (6)’’ and inserting ‘‘(5), (6), and (7)’’;
(2) in paragraph (6)(C)—
(A) in clause (i), by striking ‘‘section 1844(d)(1)’’ and
inserting ‘‘subsections (d)(1) and (e)(1) of section 1844’’;
and
(B) in clause (ii), by striking ‘‘paragraph (5)’’ and
inserting ‘‘paragraphs (5) and (7)’’; and
(3) by adding at the end the following:
‘‘(7)(A) In applying this part (including subsection (i) and section
1833(b)), the monthly actuarial rate for enrollees age 65 and over
for 2021 shall be determined to be equal to the sum of—
‘‘(i) the monthly actuarial rate for enrollees age 65 and
over for 2020; plus
‘‘(ii) 25 percent of the difference between such rate for
2020 and the preliminary monthly actuarial rate for enrollees
age 65 and over for 2021 (as estimated under subparagraph
(B)).
‘‘(B) For purposes of subparagraph (A)(ii), the Secretary shall
estimate a preliminary monthly actuarial rate for enrollees age
65 and over for 2021 using the methodology described in paragraph
(1) and as if subparagraph (A) of this paragraph did not apply.
The Secretary shall make the estimate under the previous sentence
as if the transfers described in section 1844(f)(1) have been made.’’.
(b) TRANSITIONAL GOVERNMENT CONTRIBUTION.—Section 1844
of the Social Security Act (42 U.S.C. 1395w) is amended—
(1) in subsection (a), by adding at the end the following
new sentence: ‘‘In applying paragraph (1), the amounts transferred under subsection (e)(1) with respect to enrollees described
in subparagraphs (A) and (B) of such subsection shall be treated
as premiums payable and deposited in the Trust Fund under

Jkt 019139

PO 00159

Frm 00024

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 733

subparagraphs (A) and (B), respectively, of paragraph (1).’’;
and
(2) by adding at the end the following:
‘‘(e)(1) For 2021, there shall be transferred from the General
Fund to the Trust Fund an amount, as estimated by the Chief
Actuary of the Centers for Medicare & Medicaid Services, equal
to the reduction in aggregate premiums payable under this part
for a month in such year (excluding any changes in amounts collected under section 1839(i)) that are attributable to the application
of section 1839(a)(7) with respect to—
‘‘(A) enrollees age 65 and over; and
‘‘(B) enrollees under age 65.
Such amounts shall be transferred from time to time as appropriate.
‘‘(2) Premium increases affected under section 1839(a)(6) shall
not be taken into account in applying subsection (a).
‘‘(3) There shall be transferred from the Trust Fund to the
General Fund of the Treasury amounts equivalent to the additional
premiums payable as a result of the application of section 1839(a)(6),
excluding the aggregate payments attributable to the application
of section 1839(i)(3)(A)(ii)(II).’’.
(c) ADDITIONAL TRANSITIONAL GOVERNMENT CONTRIBUTION.—
Section 1844 of the Social Security Act (42 U.S.C. 1395w), as
amended by subsection (b)(2), is amended by adding at the end
the following:
‘‘(f)(1) There shall be transferred from the General Fund of
the Treasury to the Trust Fund an amount, as estimated by the
Chief Actuary of the Centers for Medicare & Medicaid Services,
equal to amounts paid in advance for items and services under
this part during the period beginning on the first day of the emergency period described in section 1135(g)(1)(B) and ending on the
date of the enactment of this paragraph.
‘‘(2) There shall be transferred from the Trust Fund to the
General Fund of the Treasury amounts equivalent to the sum
of—
‘‘(A) the amounts by which claims have offset (in whole
or in part) the amount of such payments described in paragraph
(1); and
‘‘(B) the amount of such payments that have been repaid
(in whole or in part).
‘‘(3) Amounts described in paragraphs (1) and (2) shall be
transferred from time to time as appropriate.’’.
(d) INDENTATION CORRECTION.—Section 1839(i)(3)(A)(ii) of the
Social Security Act (42 U.S.C. 1395r(i)(3)(A)(ii)) is amended by
moving the indentation of subclause (I) two ems to the right.

Time period.

TITLE V—ACCELERATED AND ADVANCE
PAYMENT PROGRAMS

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 2501. MODIFYING ACCELERATED AND ADVANCE PAYMENT PROGRAMS UNDER PARTS A AND B OF THE MEDICARE PROGRAM DURING THE COVID–19 EMERGENCY.

(a) SPECIAL REPAYMENT RULES AND OTHER MODIFICATIONS.—
(1) PART A.—
(A) IN GENERAL.—Section 1815(f)(2)(C) of the Social
Security Act (42 U.S.C. 1395g(f)(2)(C)) is amended to read
as follows:

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00025

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

134 STAT. 734

wwoods2 on LAPJF8D0R2PROD with PUBLAW

42 USC 1395g
note.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PUBLIC LAW 116–159—OCT. 1, 2020
‘‘(C) In the case of a payment made under the terms of
the program under subsection (e)(3), including such program
as expanded pursuant to this subsection, on or after the date
of the enactment of the CARES Act and so made during the
emergency period described in section 1135(g)(1)(B), upon
request of a hospital, the Secretary shall—
‘‘(i) provide 1 year before payments for items and services furnished by the hospital are offset to recoup payments
under such program;
‘‘(ii) provide that any such offset be an amount equal
to—
‘‘(I) during the first 11 months in which any such
offsets are made with respect to payment for items
and services furnished by the hospital, 25 percent of
the amount of such payment for such items and services; and
‘‘(II) during the succeeding 6 months, 50 percent
of the amount of such payment for such items and
services; and
‘‘(iii) allow 29 months from the date of the first payment under such program to such provider before requiring
that the outstanding balance be paid in full.’’.
FOR
DISCRETION.—Section
(B)
AUTHORITY
1815(f)(2)(A)(ii) of the Social Security Act (42 U.S.C.
1395g(f)(2)(A)(ii)) is amended by inserting ‘‘(or, with respect
to requests submitted to the Secretary after April 26, 2020,
may)’’ after ‘‘shall.’’.
(C) APPLICATION TO OTHER PART A PROVIDERS.—
(i) IN GENERAL.—In the case of a payment made
under the terms of an applicable program (as defined
in clause (ii)), on or after the date of the enactment
of the CARES Act (Public Law 116–136) and so made
during the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C.
1320b–5(g)(1)(B)), upon request of an applicable provider (as defined in clause (iii)), the provisions of section 1815(f)(2)(C) of such Act (42 U.S.C. 1395g(f)(2)(C)),
as amended by subparagraph (A), shall apply with
respect to such payment in the same manner as such
provisions apply with respect to a payment made under
the terms of the program under subsection (e)(3) of
section 1815 of such Act (42 U.S.C. 1395g), including
such program as expanded pursuant to subsection (f)
of such section, on or after the date of the enactment
of the CARES Act (Public Law 116–136) and so made
during such emergency period.
(ii) APPLICABLE PROGRAM DEFINED.—In this clause,
the term ‘‘applicable program’’ means—
(I) the programs under sections 413.64(g),
412.541(f), 412.632(e), 412.116(f), 413.350(d), or
418.307 of title 42, Code of Federal Regulations
(or any successor regulations); and
(II) any other comparable program under part
A of title XVIII of the Social Security Act, as
determined by the Secretary.
(iii) APPLICABLE PROVIDER.—In this clause, the
term ‘‘applicable provider’’ means a provider of services

PO 00159

Frm 00026

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 735

that is eligible for payment under an applicable program.
(2) PART B.—
(A) IN GENERAL.—In the case of a payment made under
the terms of the program described in section 421.214
of title 42, Code of Federal Regulations (or any successor
regulation) on or after the date of the enactment of the
CARES Act (Public Law 116–136) and so made during
the emergency period described in section 1135(g)(1)(B)
of the Social Security Act (42 U.S.C. 1320b–5(g)(1)(B)),
the Secretary of Health and Human Services shall, upon
request of the provider of services or supplier receiving
such payment—
(i) provide 1 year before payments for items and
services furnished by such provider or supplier are
offset to recoup payments under such program;
(ii) provide that any such offset be an amount
equal to—
(I) during the first 11 months in which any
such offsets are made with respect to payment
for items and services furnished by such provider
or supplier, 25 percent of the amount of such payment for such items and services; and
(II) during the succeeding 6 months, 50 percent of the amount of such payment for such items
and services; and
(iii) allow 29 months from the date of the first
payment under such program to such provider or supplier before requiring that the outstanding balance
be paid in full.
(B) LIMITATION ON FURTHER PART B ADVANCE PAYMENTS.—With respect to the period of the emergency period
described in section 1135(g)(1)(B) of the Social Security
Act (42 U.S.C. 1320b–5(g)(1)(B)) beginning on the date
of the enactment of this Act, the total amount of payments
made under the terms of the program described in section
421.214 of title 42, Code of Federal Regulations (or any
successor regulation)—
(i) for the portion of 2020 occurring during such
period of the emergency period and for each year,
shall not exceed $10,000,000;
(ii) for each year beginning and ending during
such period of the emergency period, shall not exceed
$10,000,000; and
(iii) for the last year beginning during such period
of the emergency period, the portion of such last year
occurring during such period of the emergency period,
shall not exceed $10,000,000.
(b) INTEREST RATES.—
(1) PART A.—
(A) IN GENERAL.—Section 1815(d) of the Social Security
Act (42 U.S.C. 1395g(d)) is amended by inserting before
the period at the end the following: ‘‘(or, in the case of
such a determination made with respect to a payment
made on or after the date of the enactment of the CARES
Act and during the emergency period described in section
1135(g)(1)(B) under the program under subsection (e)(3),

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00027

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Time periods.
42 USC 1395u
note.

Effective date.

PUBL159

134 STAT. 736

42 USC 1395g
note.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

42 USC 1395g
note.
Deadline.
Public
information.
Web posting.

Time period.
Public
information.
Web posting.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PUBLIC LAW 116–159—OCT. 1, 2020
including such program as expanded pursuant to subsection
(f), at a rate of 4 percent)’’.
(B) APPLICATION TO OTHER PART A PROVIDERS.—In the
case of a determination under section 1815(d) of the Social
Security Act (42 U.S.C. 1395g(d)) with respect to a payment
made on or after the date of the enactment of the CARES
Act (Public Law 116–136) and during the emergency period
described in section 1135(g)(1)(B) of the Social Security
Act (42 U.S.C. 1320b–5(g)(1)(B)) under an applicable program (as defined in subsection (a)(1)(C)(ii)), the amendment
made by subparagraph (A) shall apply with respect to
such determination in the same manner as such amendment applies with respect to a payment made on or after
the date of the enactment of the CARES Act (Public Law
116–136) and during such emergency period under the
program under subsection (e)(3) of section 1815 of such
Act (42 U.S.C. 1395g), including such program as expanded
pursuant to subsection (f) of such section.
(2) PART B.—Section 1833(j) of the Social Security Act
(42 U.S.C. 1395l(j)) is amended by inserting before the period
at the end the following: ‘‘(or, in the case of such a determination made with respect to a payment made on or after the
date of the enactment of the CARES Act and during the emergency period described in section 1135(g)(1)(B) under the program described in section 421.214 of title 42, Code of Federal
Regulations (or any successor regulation), at a rate of 4 percent)’’.
(c) PUBLICATION OF DATA.—
(1) DATA DURING COVID–19 EMERGENCY.—
(A) INITIAL PUBLICATION.—Not later than 2 weeks after
the date of the enactment of this section, the Secretary
shall post on the public website of the Centers for Medicare
& Medicaid Services data that includes the following
information with respect to specified payments (as defined
in paragraph (3)(E)) made as of such date and for which
data is available:
(i) The total amount of such payments made under
each applicable payment program (as defined in paragraph (3)(A)), including a specification of the percentage of such payments so made from the Federal Hospital Insurance Trust Fund established under section
1817 of the Social Security Act (42 U.S.C. 1395i) and
the percentage of such payments so made from the
Federal Supplementary Insurance Trust Fund established under section 1841 of such Act (42 U.S.C. 1395t)
under each such program.
(ii) The amount of specified payments made under
each such program by type of provider of services or
supplier receiving such payments.
(iii) The Centers for Medicare & Medicaid Services
certification number or other appropriate number of,
and the amount of such payments received by, each
provider of services and supplier receiving such payments.
(B) INTERIM PUBLICATION.—Every 2 weeks thereafter
during the emergency period, if any specified payments
are made that were not included in a preceding publication

PO 00159

Frm 00028

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 737

of data under this paragraph, the Secretary shall post
on the website described in subparagraph (A) data containing the information described in clauses (i), (ii), and
(iii) of such subparagraph with respect to such specified
payments.
(2) ADDITIONAL PUBLICATIONS.—Not later than 15 months
after the date of the enactment of the CARES Act (Public
Law 116–136), and every 6 months thereafter until all specified
payments have been recouped or repaid, the Secretary shall
post on the website described in paragraph (1)(A) data that
includes the following:
(A) The total amount of all specified payments not
recouped or repaid under each applicable payment program.
(B) The amount of payments made under each such
program and not recouped or repaid by type of provider
of services or supplier.
(C) The total amount of specified payments that have
been recouped or repaid under each such program,
including a specification of the percentage of such payments
so recouped or repaid that have been deposited into the
Federal Hospital Insurance Trust Fund and the percentage
of such payments so recouped or repaid that have been
deposited into the Federal Supplementary Insurance Trust
Fund under each such program.
(D) The dollar amount of interest that has been collected with respect to all specified payments under each
such program.
(3) DEFINITIONS.—In this subsection:
(A) APPLICABLE PAYMENT PROGRAM.—The term
‘‘applicable payment program’’ means—
(i) the program under subsection (e)(3) of section
1815 of the Social Security Act (42 U.S.C. 1395g),
including such program as expanded under subsection
(f) of such section;
(ii) an applicable program (as defined in subsection
(a)(1)(C)(ii) of this section); and
(iii) the program described in section 421.214 of
title 42, Code of Federal Regulations (or any successor
regulation).
(B) EMERGENCY PERIOD.—The term ‘‘emergency period’’
means the emergency period described in section
1135(g)(1)(B) of the Social Security Act (42 U.S.C. 1320b–
5(g)(1)(B)).
(C) PROVIDER OF SERVICES AND SUPPLIER.—The terms
‘‘provider of services’’ and ‘‘supplier’’ have the meaning
given such terms in subsections (u) and (d), respectively,
of section 1861 of such Act (42 U.S.C. 1395x).
(D) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Health and Human Services.
(E) SPECIFIED PAYMENTS.—The term ‘‘specified payments’’ means payments made under an applicable payment program on or after the date of the enactment of
the CARES Act (Public Law 116–136) during the emergency
period.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00029

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Deadlines.
Public
information.
Web posting.

PUBL159

134 STAT. 738

PUBLIC LAW 116–159—OCT. 1, 2020

TITLE VI—OFFSETS
SEC. 2601. INCLUSION IN THE MEDICAID DRUG REBATE PROGRAM
OF COVERED OUTPATIENT DRUGS USED FOR MEDICATION-ASSISTED TREATMENT.

42 USC 1396d
note.

(a) IN GENERAL.—Section 1905 of the Social Security Act (42
U.S.C. 1396d) is amended—
(1) in paragraph (29) of subsection (a)—
(A) by moving the margin of such paragraph 2 ems
to the right; and
(B) by striking ‘‘subject to paragraph (2)’’ and inserting
‘‘subject to paragraphs (2) and (3)’’; and
(2) in subsection (ee), by adding at the end the following:
‘‘(3) APPLICATION OF REBATE REQUIREMENTS.—The requirements of section 1927 shall apply to any drug or biological
product described in paragraph (1)(A) that is—
‘‘(A) furnished as medical assistance in accordance with
subsection (a)(29) and section 1902(a)(10)(A); and
‘‘(B) a covered outpatient drug (as defined in section
1927(k), except that, in applying paragraph (2)(A) of such
section to a drug described in paragraph (1)(A), such drug
shall be deemed a prescribed drug for purposes of subsection (a)(12)).’’.
(b) CONFORMING AMENDMENT.—Section 1927(d)(7) of the Social
Security Act (42 U.S.C. 1396r–8(d)(7)) is amended by adding at
the end the following new subparagraph:
‘‘(D) Drugs and biological products described in subsection (ee)(1)(A) of section 1905 that are furnished as
medical assistance in accordance with subsection (a)(29)
of such section and section 1902(a)(10)(A).’’.
(c) RETROACTIVE EFFECTIVE DATE.—The amendments made by
this section shall take effect as if included in the enactment of
section 1006(b) of the SUPPORT for Patients and Communities
Act (Public Law 115–271; 132 Stat. 3914).
SEC. 2602. MEDICAID IMPROVEMENT FUND.

Section 1941(b) of the Social Security Act (42 U.S.C. 1396w–
1(b)) is amended—
(1) in paragraph (1), by striking ‘‘2021’’ and inserting
‘‘2023’’; and
(2) in paragraph (3)(A), by striking ‘‘$1,960,000,000’’ and
inserting ‘‘$3,446,000,000’’.

DIVISION D—OTHER MATTERS
Emergency
Stopgap USCIS
Stabilization Act.
8 USC 1101 note.

TITLE I—EMERGENCY STOPGAP USCIS
STABILIZATION ACT
SEC. 4101. SHORT TITLE.

This title may be cited as the ‘‘Emergency Stopgap USCIS
Stabilization Act’’.
wwoods2 on LAPJF8D0R2PROD with PUBLAW

SECTION 4102. EXPANSION OF PREMIUM PROCESSING.

(a) IN GENERAL.—Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) is amended to read as follows:

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00030

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

wwoods2 on LAPJF8D0R2PROD with PUBLAW

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 739

‘‘(u) PREMIUM FEE FOR CERTAIN IMMIGRATION BENEFIT TYPES.—
‘‘(1) IN GENERAL.—The Secretary of Homeland Security is
authorized to establish and collect a premium fee for the
immigration benefit types described in paragraph (2). Such
fee shall be paid in addition to any other fees authorized
by law, deposited as offsetting receipts in the Immigration
Examinations Fee Account established under subsection (m),
and used for the purposes described in paragraph (4).
‘‘(2) IMMIGRATION BENEFIT TYPES.—Subject to reasonable
conditions or limitations, the Secretary shall establish a premium fee under paragraph (1) in connection with—
‘‘(A) employment-based nonimmigrant petitions and
associated applications for dependents of the beneficiaries
of such petitions;
‘‘(B) employment-based immigrant petitions filed by
or on behalf of aliens described in paragraph (1), (2), or
(3) of section 203(b);
‘‘(C) applications to change or extend nonimmigrant
status;
‘‘(D) applications for employment authorization; and
‘‘(E) any other immigration benefit type that the Secretary deems appropriate for premium processing.
‘‘(3) AMOUNT OF FEE.—
‘‘(A) IN GENERAL.—Subject to subparagraph (C), with
respect to an immigration benefit type designated for premium processing by the Secretary on or before August
1, 2020, the premium fee shall be $2,500, except that
the premium fee for a petition for classification of a nonimmigrant described in subparagraph (H)(ii)(b) or (R) of
section 101(a)(15) shall be $1,500.
‘‘(B) OTHER IMMIGRATION BENEFIT TYPES.—With respect
to an immigration benefit type designated for premium
processing but not described in subparagraph (A), the initial premium fee shall be established by regulation, which
shall include a detailed methodology supporting the proposed premium fee amount.
‘‘(C) BIENNIAL ADJUSTMENT.—The Secretary may adjust
a premium fee under subparagraph (A) or (B) on a biennial
basis by the percentage (if any) by which the Consumer
Price Index for All Urban Consumers for the month of
June preceding the date on which such adjustment takes
effect exceeds the Consumer Price Index for All Urban
Consumers for the same month of the second preceding
calendar year. The provisions of section 553 of title 5,
United States Code, shall not apply to an adjustment
authorized under this subparagraph.
‘‘(4) USE OF FEE.—Fees collected under this subsection may
only be used by U.S. Citizenship and Immigration Services
to—
‘‘(A) provide the services described in paragraph (5)
to premium processing requestors;
‘‘(B) make infrastructure improvements in adjudications processes and the provision of information and services to immigration and naturalization benefit requestors;
‘‘(C) respond to adjudication demands, including by
reducing the number of pending immigration and naturalization benefit requests; and

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00031

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

Regulations.

PUBL159

134 STAT. 740

8 USC 1356 note.
Time period.

Effective date.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

8 USC 1356 note.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

‘‘(D) otherwise offset the cost of providing adjudication
and naturalization services.
‘‘(5) PREMIUM PROCESSING SERVICES.—The Secretary—
‘‘(A) may suspend the availability of premium processing for designated immigration benefit requests only
if circumstances prevent the completion of processing of
a significant number of such requests within the required
period; and
‘‘(B) shall ensure that premium processing requestors
have direct and reliable access to current case status
information as well as the ability to communicate with
the premium processing units at each service center or
office that provides premium processing services.’’.
(b) EXPANSION TO NEW BENEFIT REQUESTS.—
(1) IN GENERAL.—Notwithstanding the requirement to set
a fee by regulation under section 286(u)(3)(B) of the Immigration and Nationality Act (8 U.S.C. 1356(u)(3)(B)), as amended
by subsection (a), the Secretary of Homeland Security may
set a fee under that section without regard to the provisions
of section 553 of title 5, United States Code, if such fee is
consistent with the following:
(A) For a petition for classification under section
203(b)(1)(C) of the Immigration and Nationality Act (8
U.S.C. 1153(b)(1)(C)), or a petition for classification under
section 203(b)(2) involving a waiver under section
203(b)(2)(B) of such Act, the fee is set at an amount not
greater than $2,500 and the required processing timeframe
is not greater than 45 days.
(B) For an application under section 248 of the
Immigration and Nationality Act (8 U.S.C. 1258) to change
status to a classification described in subparagraph (F),
(J), or (M) of section 101(a)(15) of such Act (8 U.S.C.
1101(a)(15)), the fee is set at an amount not greater than
$1,750 and the required processing timeframe is not greater
than 30 days.
(C) For an application under section 248 of the
Immigration and Nationality Act (8 U.S.C. 1258) to change
status to be classified as a dependent of a nonimmigrant
described in subparagraph (E), (H), (L), (O), (P), or (R)
of section 101(a)(15) of such Act (8 U.S.C. 1101(a)(15)),
or to extend such classification, the fee is set at an amount
not greater than $1,750 and the required processing timeframe is not greater than 30 days.
(D) For an application for employment authorization,
the fee is set at an amount not greater than $1,500 and
the required processing timeframe is not greater than 30
days.
(2) CLARIFICATION.—The required processing timeframe for
each of the applications and petitions described in paragraph
(1) shall not commence until the date that all prerequisites
for adjudication are received by the Secretary of Homeland
Security.
(c) OTHER BENEFIT REQUESTS.—In implementing the amendments made by subsection (a), the Secretary of Homeland Security
shall develop and implement processes to ensure that the availability of premium processing, or its expansion to additional
immigration benefit requests, does not result in an increase in

Jkt 019139

PO 00159

Frm 00032

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 741

processing times for immigration benefit requests not designated
for premium processing or an increase in regular processing of
immigration benefit requests so designated.
SEC. 4103. REPORTING REQUIREMENTS.

8 USC 1103 note.

(a) IN GENERAL.—Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland Security
shall provide to the appropriate Committees a 5-year plan, including
projected cost estimates, procurement strategies, and a project
schedule with milestones, to accomplish each of the following:
(1) Establish electronic filing procedures for all applications
and petitions for immigration benefits.
(2) Accept electronic payment of fees at all filing locations.
(3) Issue correspondence, including decisions, requests for
evidence, and notices of intent to deny, to immigration benefit
requestors electronically.
(4) Improve processing times for all immigration and naturalization benefit requests.
(b) SEMI-ANNUAL BRIEFINGS.—Not later than 180 days after
submission of the plan described in subsection (a), and on a semiannual basis thereafter, the Secretary shall advise the appropriate
Committees on the implementation status of such plan.
(c) APPROPRIATE COMMITTEES DEFINED.—In this section, the
term ‘‘appropriate Committees’’ means—
(1) the Committee on Appropriations, the Committee on
the Judiciary, and the Committee on Homeland Security of
the House of Representatives; and
(2) the Committee on Appropriations, the Committee on
the Judiciary, and the Committee on Homeland Security and
Governmental Affairs of the Senate.

Deadline.
Plan.
Cost estimates.
Contracts.
Schedule.

TITLE II—UNITED STATES PAROLE
COMMISSION EXTENSION

Procedures.

Notices.

Deadline.

United States
Parole
Commission
Extension Act of
2020.
18 USC 1 note.

SEC. 4201. SHORT TITLE.

This title may be cited as the ‘‘United States Parole Commission
Extension Act of 2020’’.
SEC. 4202. AMENDMENT OF SENTENCING REFORM ACT OF 1984.

For purposes of section 235(b) of the Sentencing Reform Act
of 1984 (18 U.S.C. 3551 note; Public Law 98–473; 98 Stat. 2032),
as such section relates to chapter 311 of title 18, United States
Code, and the United States Parole Commission, each reference
in such section to ‘‘33 years’’ or ‘‘33-year period’’ shall be deemed
a reference to ‘‘35 years’’ or ‘‘35-year period’’, respectively.

18 USC 3551
note.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 4203. PAROLE COMMISSION REPORT.

Section 3 of the United States Parole Commission Extension
Act of 2018 (Public Law 115–274) is amended—
(1) in subsection (b), by striking ‘‘2021’’ and inserting
‘‘2022’’; and
(2) by adding at the end the following:
‘‘(d) DISTRICT OF COLUMBIA REPORT FOR SUCCEEDING FISCAL
YEARS.—For each of fiscal years 2021 through 2022, not later than
90 days after the end of the fiscal year, the United States Parole
Commission shall report to the Committees on the Judiciary of

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00033

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

132 Stat. 4160.

PUBL159

134 STAT. 742

PUBLIC LAW 116–159—OCT. 1, 2020

the Senate and House of Representatives the items in paragraphs
(1) through (3) of subsection (c), for the fiscal year.’’.
Antitrust
Criminal
Penalty
Enhancement
and Reform
Permanent
Extension Act.
15 USC 1 note.

TITLE III—ANTITRUST CRIMINAL PENALTY ENHANCEMENT AND REFORM
PERMANENT EXTENSION ACT
SEC. 4301. SHORT TITLE.

This title may be cited as the ‘‘Antitrust Criminal Penalty
Enhancement and Reform Permanent Extension Act’’.
15 USC 7a note.

SEC. 4302. FINDINGS; PURPOSE.

(a) FINDINGS.—Congress finds the following:
(1) Conspiracies among competitors to fix prices, rig bids,
and allocate markets are categorically and irredeemably anticompetitive and contravene the competition policy of the United
States.
(2) Cooperation incentives are important to the efforts of
the Antitrust Division of the Department of Justice to prosecute
and deter the offenses described in paragraph (1).
(b) PURPOSE.—The purpose of this Act, and the amendments
made by this Act, is to strengthen public and private antitrust
enforcement by providing incentives for antitrust violators to
cooperate fully with government prosecutors and private litigants
through the repeal of the sunset provision of the Antitrust Criminal
Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note).
SEC. 4303. REPEAL OF SUNSET PROVISION.

15 USC 7a note.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

15 USC 7a note.

VerDate Sep 11 2014

11:05 Oct 21, 2020

(a) REPEAL.—Section 211 of the Antitrust Criminal Penalty
Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is repealed.
(b) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) REVIVAL AND RESTORATION.—
(A) IN GENERAL.—Sections 212, 213, and 214 of the
Antitrust Criminal Penalty Enhancement and Reform Act
of 2004 (15 U.S.C. 1 note) as in effect on June 21, 2020,
and as amended by the laws described in subparagraph
(B), are revived and restored.
(B) LAWS.—The laws described in this subparagraph
are:
(i) Antitrust Criminal Penalty Enhancement and
Reform Act of 2004 Extension Act (Public Law 111–
30; 123 Stat. 1775).
(ii) The Act entitled ‘‘An Act to amend the Antitrust Criminal Penalty Enhancement and Reform Act
of 2004 to extend the operation of such Act, and for
other purposes’’, approved June 9, 2010 (Public Law
111–90; 124 Stat. 1275).
(2) DEFINITIONS.—Section 212 of the Antitrust Criminal
Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1
note) is amended—
(A) by striking paragraph (6); and
(B) by redesignating paragraph (7) as paragraph (6).
(c) APPLICABILITY.—
(1) MARKERS AND AGREEMENTS BEFORE SUNSET.—Notwithstanding the repeal under subsection (a), section 211(b) of the

Jkt 019139

PO 00159

Frm 00034

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 743

Antitrust Criminal Penalty Enhancement and Reform Act of
2004 (15 U.S.C. 1 note), as in effect on the day before the
date of enactment of this Act, shall continue to apply to any
person who received a marker or entered into an antitrust
leniency agreement on or before June 22, 2020.
(2) MARKERS AND AGREEMENTS AFTER SUNSET.—The repeal
under subsection (a) shall apply to any person who received
a marker or entered into an antitrust leniency agreement on
or after June 23, 2020.

TITLE IV—COMMUNITY SERVICES AND
SUPPORTS
SEC. 4401. HEAD START DESIGNATION RENEWAL SYSTEM.

Notwithstanding section 638 of the Head Start Act (42 U.S.C.
9833), if the Secretary of Health and Human Services—
(1) is required to make a determination under paragraph
(6) of section 641(c) of such Act (42 U.S.C. 9836a(c)) whether
to renew the designation of a Head Start agency for which
such determination under the schedule developed pursuant to
paragraph (9)(C) of such section 641(c) is required to be made
before December 31, 2020; and
(2) cannot make such determination in accordance with
such schedule because the Secretary lacks any information
described in any of subparagraphs (A) through (E) of section
641(c)(1) of such Act required for the purpose of making such
determination;
then before December 31, 2020, the Secretary shall extend for
not more than 2 years the 5-year period otherwise applicable to
the designation of such Head Start agency under such Act.

Deadline.
42 USC 9836
note.
Determination.

Time period.

TITLE V—BUDGETARY EFFECTS

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 4501. BUDGETARY EFFECTS.

(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
of division B and each succeeding division shall not be entered
on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of
division B and each succeeding division shall not be entered on
any PAYGO scorecard maintained for purposes of section 4106
of H. Con. Res. 71 (115th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of division B and each succeeding division shall
not be estimated—
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00035

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

134 STAT. 744

PUBLIC LAW 116–159—OCT. 1, 2020

TITLE VI—NUTRITION AND
COMMODITIES PROGRAMS
SEC. 4601. P–EBT PROGRAM EXTENSION.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Effective date.
Time period.
Determination.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Section 1101 of the Families First Coronavirus Response Act
(Public Law 116–127; 7 U.S.C. 2011 note) is amended—
(1) in subsection (a)—
(A) by striking ‘‘fiscal year 2020’’ and inserting ‘‘fiscal
years 2020 and 2021’’; and
(B) by inserting ‘‘or has reduced the number of days
or hours that students attend the school’’ after ‘‘school
is closed’’;
(2) in subsection (b), in the first sentence, by inserting
‘‘and, as applicable, households with children eligible for assistance under subsection (h)’’ after ‘‘children’’;
(3) in subsection (c), by inserting ‘‘or has reduced the
number of days or hours that students attend the school’’ after
‘‘school that is closed’’;
(4) in subsection (f)—
(A) by striking ‘‘To facilitate’’ and inserting the following:
‘‘(1) IN GENERAL.—To facilitate’’; and
(B) by adding at the end the following:
‘‘(2) SIMPLIFYING ASSUMPTIONS FOR SCHOOL YEAR 20202021.—A State agency may use simplifying assumptions and
the best feasibly available data to provide benefits to and
establish benefit levels and eligibility periods for eligible children and children eligible for assistance under subsection (h)
for purposes of this section.’’;
(5) by redesignating subsections (h) and (i) as subsections
(i) and (j), respectively;
(6) by inserting after subsection (g) the following:
‘‘(h) ASSISTANCE FOR CHILDREN IN CHILD CARE.—
‘‘(1) IN GENERAL.—Beginning on October 1, 2020, subject
to an approved State agency plan under subsection (b) or an
approved amendment to such a plan, in any case in which,
during a public health emergency designation, a covered child
care facility is closed or has reduced attendance or hours for
at least 5 consecutive days, or 1 or more schools in the area
of a covered child care facility are closed or have reduced
attendance or hours for at least 5 consecutive days, each household containing at least 1 child enrolled in such a covered
child care facility and the supplemental nutrition assistance
program established under the Food and Nutrition Act of 2008
(7 U.S.C. 2011 et seq.) shall be eligible to receive assistance,
in accordance with paragraph (2), until covered child care facilities or schools in the area reopen or operate at full attendance
and hours, as applicable, as determined by the State agency.
‘‘(2) ASSISTANCE.—A household shall receive benefits under
paragraph (1) in an amount that is equal to at least 1 breakfast
and 1 lunch at the free rate for each child enrolled in a
covered child care facility for each day that the child does
not attend the facility because the facility is closed or operating
with reduced attendance or hours.
‘‘(3) STATE OPTION.—A State shall not be required to provide
assistance under this subsection in order to provide assistance

Jkt 019139

PO 00159

Frm 00036

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 745

to eligible children under a State agency plan under subsection
(b).’’;
(7) in subsection (i) (as so redesignated)—
(A) in each of paragraphs (1) through (3), by inserting
a paragraph heading, the text of which comprises the term
defined in that paragraph;
(B) by redesignating paragraphs (1) through (3) as
paragraphs (2), (4), and (5), respectively;
(C) by inserting before paragraph (2) (as so redesignated) the following:
‘‘(1) COVERED CHILD CARE FACILITY.—The term ‘covered
child care facility’ means—
‘‘(A) an organization described in subparagraph (A)
or (B) of section 17(a)(2) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1766(a)(2)); and
‘‘(B) a family or group day care home.’’;
(D) in paragraph (2) (as so redesignated), by inserting
‘‘or reduced attendance or hours’’ after ‘‘closure’’;
(E) by inserting after paragraph (2) (as so redesignated)
the following:
‘‘(3) FREE RATE.—The term ‘free rate’ means—
‘‘(A) with respect to a breakfast, the rate of a free
breakfast under the school breakfast program under section
4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773);
and
‘‘(B) with respect to a lunch, the rate of a free lunch
under the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.).’’;
and
(F) by adding at the end the following:
‘‘(6) STATE.—The term ‘State’ has the meaning given the
term in section 12(d) of the Richard B. Russell National School
Lunch Act (42 U.S.C. 1760(d)).’’; and
(8) in subsection (j) (as so redesignated), by inserting
‘‘(including all administrative expenses)’’ after ‘‘this section’’.

Definitions.

SEC. 4602. EXTENDING CERTAIN WAIVER AUTHORITIES.

(a) NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS
ADDRESSING COVID–19.—Section 2202(e) of the Families First
Coronavirus Response Act (Public Law 116–127; 42 U.S.C. 1760
note) is amended by striking ‘‘September 30, 2020’’ and inserting
‘‘September 30, 2021’’.
(b) PHYSICAL PRESENCE WAIVER UNDER WIC DURING CERTAIN
PUBLIC HEALTH EMERGENCIES.—Section 2203(c) of the Families
First Coronavirus Response Act (Public Law 116–127; 42 U.S.C.
1786 note) is amended by striking ‘‘September 30, 2020’’ and
inserting ‘‘September 30, 2021’’.
(c) ADMINISTRATIVE REQUIREMENTS WAIVER UNDER WIC.—Section 2204(c) of the Families First Coronavirus Response Act (Public
Law 116–127) is amended by striking ‘‘September 30, 2020’’ and
inserting ‘‘September 30, 2021’’.
(d) FUNDING.—There are hereby appropriated, out of any funds
in the Treasury not otherwise appropriated, such sums as may
be necessary to carry out this section.

42 USC 1786
note.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 4603. SNAP FLEXIBILITIES.

(a) EXTENSION
19.—

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

OF

EXISTING SNAP FLEXIBILITIES

PO 00159

Frm 00037

Fmt 6580

Sfmt 6581

FOR

COVID–

E:\PUBLAW\PUBL159.116

PUBL159

134 STAT. 746
7 USC 2012 note.
Certifications.
Time periods.

Deadline.
Notification.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Time period.

VerDate Sep 11 2014

11:05 Oct 21, 2020

PUBLIC LAW 116–159—OCT. 1, 2020

(1) STATE OPTIONS.—
(A) A State agency (as defined in section 3(s) of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012(s))) shall
have the option, without prior approval from the Secretary
of Agriculture—
(i) to extend certification periods under section
3(f) of the Food and Nutrition Act of 2008 (7 U.S.C.
2012(f)) for not more than 6 months and adjust periodic
report requirements under section 6(c)(1)(D)(i) of the
Food and Nutrition Act of 2008 (7 U.S.C.
2015(c)(1)(D)(i)) for some or all participating households with certification periods set to expire or periodic
reports due on or before June 30, 2021, consistent
with the extensions and adjustments provided in the
Food and Nutrition Service’s April 22, 2020, blanket
approval for extending certification and adjusting periodic reports, unless otherwise provided in this subparagraph;
(ii) to allow household reporting requirements
under section 273.12(a)(5)(iii) of title 7 of the Code
of Federal Regulations to satisfy the recertification
requirements under section 273.14 of title 7 of the
Code of Federal Regulations for some or all participating households with recertification periods set to
expire on or before December 31, 2021; and
(iii) to adjust the interview requirements under
sections 273.2 and 273.14(b) of title 7 of the Code
of Federal Regulations for some or all household
applications or recertifications through June 30, 2021,
consistent with the adjustments provided in the Food
and Nutrition Service’s March 26, 2020, blanket
approval for adjusting interview requirements, unless
otherwise provided in this subparagraph.
(B) Not later than 5 days after exercising an option
under subparagraph (A), a State agency shall notify the
Secretary of Agriculture in writing of the option exercised,
the categories of households affected by the option, and
the duration of such option.
(2) ADJUSTMENT.—The Secretary of Agriculture shall allow
a State agency to suspend the requirements under sections
275.11(b)(1) and (2), 275.12, and 275.13 of title 7 of the Code
of Federal Regulations from June 1, 2020, through September
30, 2021, consistent with the waivers provided in the Food
and Nutrition Service’s April 30, 2020, blanket approval for
waiver of quality control reviews, unless otherwise provided
in this paragraph.
(3) REPORT.—Section 2302 of the Families First
Coronavirus Response Act (Public Law 116–127; 7 U.S.C. 2011
note) is amended by striking subsection (c) and inserting the
following:
‘‘(c) REPORT.—Not later than June 30, 2022, the Secretary
of Agriculture shall submit, to the Committee on Agriculture of
the House of Representatives and the Committee on Agriculture,
Nutrition, and Forestry of the Senate, a report containing the
following information:
‘‘(1) A description of any information or data supporting
State agency requests under this section and any additional

Jkt 019139

PO 00159

Frm 00038

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 747

measures that State agencies requested that were not approved
by the Secretary of Agriculture;
‘‘(2) An evaluation of the use of all waivers, adjustments,
and other flexibilities in the operation of the supplemental
nutrition assistance program (as defined in section 3 of the
Food and Nutrition Act of 2008 (7 U.S.C. 2012)), in effect
under this Act, the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.), or any other Act, to respond to the COVID–
19 public health emergency; and
‘‘(3) A recommendation of any additional waivers or flexibilities needed in the operation of the supplemental nutrition
assistance program to respond to public health emergencies
with pandemic potential.’’.
(b) FUNDING.—There are hereby appropriated, out of any funds
in the Treasury not otherwise appropriated, such sums as may
be necessary to carry out this section.
SEC. 4604. PROHIBITION ON PAYMENTS TO FOSSIL FUEL REFINERS
AND IMPORTERS.

(a) IN GENERAL.—The Secretary of Agriculture may not use
any funds, facilities, or authorities of the Commodity Credit Corporation or the Department of Agriculture—
(1) to provide a payment to a refiner or importer (as those
terms are defined in section 80.2 of title 40, Code of Federal
Regulations (or successor regulations)); or
(2) to otherwise support, directly or indirectly, a refiner
or importer (as so defined) in meeting any requirements
under—
(A) the renewable fuel program under section 211(o)
of the Clean Air Act (42 U.S.C. 7545(o)); or
(B) any other provision of law that requires the
blending of fossil fuel with renewable fuel.
(b) The exclusion in (a) shall not apply to any payments or
support to producers, refiners, or importers of biofuel (as defined
in 7 U.S.C. 8101).
(c) MORATORIUM ON AUTHORITIES RELATING TO EXCHANGES OF
AGRICULTURAL PRODUCTS FOR PETROLEUM PRODUCTS.—The
authorities under the ninth and tenth sentences of section 4(h)
of the Commodity Credit Corporation Charter Act (15 U.S.C.
714b(h)) (relating to the availability of agricultural products for
the Secretary of Energy to exchange for petroleum products and
the terms and conditions of those exchanges, respectively) shall
not be used during the 180-day period beginning on the date of
enactment of this Act.

DIVISION E—DEPARTMENT OF
VETERANS AFFAIRS EXTENSIONS

Recommendation.

7 USC 2209k.

Time period.

Department of
Veterans
Affairs Expiring
Authorities Act of
2020.
38 USC 101 note.

SEC. 5001. SHORT TITLE.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Evaluation.

This division may be cited as the ‘‘Department of Veterans
Affairs Expiring Authorities Act of 2020’’.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00039

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

134 STAT. 748

PUBLIC LAW 116–159—OCT. 1, 2020

TITLE I—EXTENSIONS OF AUTHORITIES
RELATING TO HEALTH CARE
SEC. 5101. EXTENSION OF AUTHORITY FOR COLLECTION OF COPAYMENTS FOR HOSPITAL CARE AND NURSING HOME CARE.

Section 1710(f)(2)(B) of title 38, United States Code, is amended
by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30,
2022’’.
SEC. 5102. EXTENSION OF REQUIREMENT TO PROVIDE NURSING HOME
CARE TO CERTAIN VETERANS WITH SERVICE CONNECTED
DISABILITIES.

Section 1710A(d) of title 38, United States Code, is amended
by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30,
2022’’.
SEC. 5103. EXTENSION OF AUTHORITY FOR TRANSFER OF REAL PROPERTY.

Section 8118(a)(5) of title 38, United States Code, is amended
by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30,
2022’’.
SEC. 5104. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON
ASSISTANCE FOR CHILD CARE FOR CERTAIN VETERANS
RECEIVING HEALTH CARE.

(a) EXTENSION OF AUTHORITY.—Subsection (e) of section 205
of the Caregivers and Veterans Omnibus Health Services Act of
2010 (Public Law 111–163; 124 Stat. 1144; 38 U.S.C. 1710 note)
is amended by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2022’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Subsection (h) of such
section is amended by striking ‘‘and 2020’’ and inserting ‘‘2020,
2021, and 2022’’.
SEC. 5105. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR
GRANTS TO VETERANS SERVICE ORGANIZATIONS FOR
TRANSPORTATION OF HIGHLY RURAL VETERANS.

Section 307(d) of the Caregivers and Veterans Omnibus Health
Services Act of 2010 (Public Law 111–163; 124 Stat. 1154; 38
U.S.C. 1710 note) is amended by striking ‘‘2020’’ and inserting
‘‘2022’’.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 5106. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON COUNSELING IN RETREAT SETTINGS FOR WOMEN VETERANS
NEWLY SEPARATED FROM SERVICE.

(a) EXTENSION OF AUTHORITY.—Subsection (d) of section 203
of the Caregivers and Veterans Omnibus Health Services Act of
2010 (Public Law 111–163; 124 Stat. 1143; 38 U.S.C. 1712A note)
is amended by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2022’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Subsection (f) of such
section is amended by striking ‘‘and 2020’’ and inserting ‘‘2020,
2021, and 2022’’.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00040

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 749

SEC. 5107. EXTENSION OF AUTHORITY FOR PILOT PROGRAM ON GRADUATE MEDICAL EDUCATION AND RESIDENCY.

(a) IN GENERAL.—Subsection (d) of section 403 of the VA MISSION Act of 2018 (Public Law 115–182; 132 Stat. 1474; 38 U.S.C.
7302 note) is amended by striking ‘‘August 7, 2024’’ and inserting
‘‘August 7, 2031’’.
(b) TECHNICAL CORRECTION.—Subsection (a)(1) of such section
is amended by striking ‘‘authorized under’’ and all that follows
through the period at the end and inserting ‘‘authorized under
section 7302 of title 38, United States Code, at covered facilities.’’.
SEC. 5108. INSPECTOR GENERAL OF THE DEPARTMENT OF VETERANS
AFFAIRS REPORT ON ADMINISTRATION OF INTERNET
WEBSITE ON STAFFING AND VACANCIES.

38 USC 301 note.

Not later than October 31, 2022, and October 31, 2024, and
as frequently thereafter as the Inspector General of the Department
of Veterans Affairs considers appropriate, the Inspector General
shall—
(1) review the administration of the internet website
required by section 505(a)(1) of the VA MISSION Act of 2018
(Public Law 115–182; 132 Stat. 1477; 38 U.S.C. 301 note);
(2) develop recommendations for such legislative or
administrative action as the Inspector General considers appropriate for such administration; and
(3) submit to the Committee on Veterans’ Affairs of the
Senate and the Committee on Veterans’ Affairs of the House
of Representatives a report on—
(A) the findings of the Inspector General with respect
to the most recent review conducted under paragraph (1);
and
(B) the recommendations most recently developed
under paragraph (2).

Deadlines.

Review.

Recommendations.

SEC. 5109. EXTENSION OF TEMPORARY EXPANSION OF PAYMENTS AND
ALLOWANCES FOR BENEFICIARY TRAVEL IN CONNECTION WITH VETERANS RECEIVING CARE FROM VET CENTERS.

Section 104(a) of the Honoring America’s Veterans and Caring
for Camp Lejeune Families Act of 2012 (Public Law 112–154; 126
Stat. 1169), as most recently amended by section 5 of the Department of Veterans Affairs Expiring Authorities Act of 2019 (Public
Law 116–61; 133 Stat. 1116), is further amended by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30, 2021’’.

TITLE II—EXTENSIONS OF
AUTHORITIES RELATING TO BENEFITS
SEC. 5201. EXTENSION OF SPECIALLY ADAPTED HOUSING ASSISTIVE
TECHNOLOGY GRANT PROGRAM.

Section 2108(g) of title 38, United States Code, is amended
by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30,
2022’’.
wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 5202. EXTENSIONS OF CERTAIN PROVISIONS OF LAW.

ACT

VerDate Sep 11 2014

(a) EXTENSION OF STUDENT VETERAN CORONAVIRUS RESPONSE
OF 2020.—Section 2 of the Student Veteran Coronavirus

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00041

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

134 STAT. 750
38 USC 3031
note.

38 USC 3001
note prec.

PUBLIC LAW 116–159—OCT. 1, 2020

Response Act of 2020 (Public Law 116–140) is amended by striking
‘‘December 21, 2020’’ and inserting ‘‘December 21, 2021’’.
(b) EXTENSION OF PERIOD FOR CONTINUATION OF DEPARTMENT
OF VETERANS AFFAIRS EDUCATIONAL ASSISTANCE BENEFITS FOR
CERTAIN PROGRAMS OF EDUCATION CONVERTED TO DISTANCE
LEARNING BY REASON OF EMERGENCIES AND HEALTH-RELATED
SITUATIONS.—Section 1(b) of Public Law 116–128 is amended by
striking ‘‘December 21, 2020’’ and inserting ‘‘December 21, 2021’’.
SEC. 5203. EXTENSION OF AUTHORITY TO MAINTAIN REGIONAL OFFICE
IN THE REPUBLIC OF THE PHILIPPINES.

Section 315(b) of title 38, United States Code, is amended
by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30,
2022’’.
SEC. 5204. EXTENSION OF AUTHORITY TO TRANSPORT INDIVIDUALS
TO AND FROM DEPARTMENT OF VETERANS AFFAIRS
FACILITIES.

Section 111A(a)(2) of title 38, United States Code, is amended
by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30,
2022’’.
SEC. 5205. EXTENSION OF TEMPORARY INCREASE IN NUMBER OF
JUDGES ON UNITED STATES COURT OF APPEALS FOR
VETERANS CLAIMS.

Section 7253(i)(2) of title 38, United States Code, is amended
by striking ‘‘January 1, 2021’’ and inserting ‘‘January 1, 2026’’.

TITLE III—EXTENSIONS OF AUTHORITIES RELATING TO HOMELESS VETERANS
SEC. 5301. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR
HOMELESS VETERANS REINTEGRATION PROGRAMS.

Section 2021(e)(1)(F) of title 38, United States Code, is amended
by striking ‘‘2020’’ and inserting ‘‘2022’’.
SEC. 5302. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR
HOMELESS WOMEN VETERANS AND HOMELESS VETERANS WITH CHILDREN REINTEGRATION GRANT PROGRAM.

Section 2021A(f)(1) of title 38, United States Code, is amended
by striking ‘‘2020’’ and inserting ‘‘2022’’.
SEC. 5303. EXTENSION OF AUTHORITY FOR REFERRAL AND COUNSELING SERVICES FOR VETERANS AT RISK OF HOMELESSNESS TRANSITIONING FROM CERTAIN INSTITUTIONS.

Section 2023(d) of title 38, United States Code, is amended
by striking ‘‘September 30, 2020’’ and inserting ‘‘September 30,
2022’’.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC.

5304.

EXTENSION OF AUTHORITY FOR TREATMENT AND
REHABILITATION FOR SERIOUSLY MENTALLY ILL AND
HOMELESS VETERANS.

(a) GENERAL TREATMENT.—Section 2031(b) of title 38, United
States Code, is amended by striking ‘‘September 30, 2020’’ and
inserting ‘‘September 30, 2022’’.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00042

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

PUBLIC LAW 116–159—OCT. 1, 2020

134 STAT. 751

(b) ADDITIONAL SERVICES AT CERTAIN LOCATIONS.—Section
2033(d) of such title is amended by striking ‘‘September 30, 2020’’
and inserting ‘‘September 30, 2022’’.
SEC. 5305. EXTENSION OF FUNDING FOR FINANCIAL ASSISTANCE FOR
SUPPORTIVE SERVICES FOR VERY LOW-INCOME VETERAN
FAMILIES IN PERMANENT HOUSING.

Section 2044(e)(1) of title 38, United States Code, is amended—
(1) in subparagraph (G), by striking ‘‘through 2021’’ and
inserting ‘‘and 2020’’; and
(2) by adding at the end the following new subparagraph:
‘‘(H) $420,000,000 for each of fiscal years 2021 and 2022.’’.
SEC. 5306. EXTENSION OF FUNDING FOR GRANT PROGRAM FOR HOMELESS VETERANS WITH SPECIAL NEEDS.

Section 2061(d)(1) of title 38, United States Code, is amended
by striking ‘‘2020’’ and inserting ‘‘2022’’.

TITLE IV—EXTENSIONS OF OTHER
AUTHORITIES AND OTHER MATTERS
SEC. 5401. EXTENSION OF AUTHORIZATION OF APPROPRIATIONS FOR
MONTHLY ASSISTANCE ALLOWANCE UNDER THE OFFICE
OF NATIONAL VETERANS SPORTS PROGRAMS AND SPECIAL EVENTS.

Section 322(d)(4) of title 38, United States Code, is amended
by striking ‘‘2020’’ and inserting ‘‘2022’’.
SEC. 5402. EXTENSION OF REQUIREMENTS TO PROVIDE REPORTS TO
CONGRESS REGARDING EQUITABLE RELIEF IN THE CASE
OF ADMINISTRATIVE ERROR.

Section 503(c) of title 38, United States Code, is amended
by striking ‘‘December 31, 2020’’ and inserting ‘‘December 31, 2022’’.
SEC. 5403. EXTENSION AND AUTHORIZATION OF APPROPRIATIONS FOR
ADAPTIVE SPORTS PROGRAMS FOR DISABLED VETERANS
AND MEMBERS OF THE ARMED FORCES.

(a) AUTHORIZATION OF APPROPRIATIONS.—Subsection (g)(1) of
section 521A of title 38, United States Code, is amended—
(1) by striking ‘‘appropriated $8,000,000’’ and inserting the
following: ‘‘appropriated amounts as follows:
‘‘(A) $8,000,000 for each of fiscal years 2010 through 2020.’’;
and
(2) by adding at the end the following new subparagraph:
‘‘(B) $16,000,000 for each of fiscal years 2021 and 2022.’’.
(b) EXTENSION.—Subsection (l) of such section is amended by
striking ‘‘2020’’ and inserting ‘‘2022’’.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

SEC. 5404. EXTENSION OF AUTHORITY TO ENTER INTO AGREEMENT
WITH THE NATIONAL ACADEMY OF SCIENCES REGARDING
ASSOCIATIONS BETWEEN DISEASES AND EXPOSURE TO
DIOXIN AND OTHER CHEMICAL COMPOUNDS IN HERBICIDES.

Section 3 of the Agent Orange Act of 1991 (Public Law 102–
4; 38 U.S.C. 1116 note) is amended by striking ‘‘September 30,
2020’’ and inserting ‘‘September 30, 2022’’.

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00043

Fmt 6580

Sfmt 6581

E:\PUBLAW\PUBL159.116

PUBL159

134 STAT. 752

PUBLIC LAW 116–159—OCT. 1, 2020

SEC. 5405. MODIFICATION AND EXTENSION OF AUTHORITY RELATING
TO VENDEE LOAN PROGRAM.

Time period.

Repeal.

Section 3733(a) of title 38, United States Code, is amended
by adding at the end the following new paragraph:
‘‘(8) During the period that begins on October 1, 2020, and
ends on September 30, 2025, the Secretary shall carry out the
provisions of this subsection as if—
‘‘(A) the references in the first sentence of paragraph (1)
to ‘65 percent’ and ‘may be financed by a loan’ were references
to ‘85 percent’ and ‘shall be of property marketed with financing
to be’, respectively;
‘‘(B) the second sentence of paragraph (1) were repealed;
and
‘‘(C) the reference in paragraph (2) to ‘September 30, 1990,’
were a reference to ‘September 30, 2025,’.’’.

wwoods2 on LAPJF8D0R2PROD with PUBLAW

Approved October 1, 2020.

LEGISLATIVE HISTORY—H.R. 8337:
CONGRESSIONAL RECORD, Vol. 166 (2020):
Sept. 22, considered and passed House.
Sept. 24, 29, 30, considered and passed Senate.

Æ

VerDate Sep 11 2014

11:05 Oct 21, 2020

Jkt 019139

PO 00159

Frm 00044

Fmt 6580

Sfmt 6580

E:\PUBLAW\PUBL159.116

PUBL159