Further Continuing Appropriations Act, and Other Extensions Act

Floor Speech

Date: Dec. 9, 2020
Location: Washington, DC

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Ms. DeLAURO. Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 8900) making further continuing appropriations for fiscal year 2021, and for other purposes.

The Clerk read the title of the bill.

The text of the bill is as follows: H.R. 8900

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 ``Further 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--FURTHER CONTINUING APPROPRIATIONS ACT, 2021 DIVISION B--HEALTH EXTENDERS Title I--Medicare and Medicaid Extenders Title II--Public Health Extenders and Food and Drug Administration Provisions Title III--Offsets Title IV--Budgetary Effects SEC. 3. REFERENCES.

Except as expressly provided otherwise, any reference to ``this Act'' contained in any division of this Act shall be treated as referring only to the provisions of that division. DIVISION A--FURTHER CONTINUING APPROPRIATIONS ACT, 2021

Sec. 101. The Continuing Appropriations Act, 2021 (division A of Public Law 116-159) is amended by striking the date specified in section 106(3) and inserting ``December 18, 2020''. This division may be cited as the ``Further Continuing Appropriations Act, 2021''. DIVISION B--HEALTH EXTENDERS TITLE I--MEDICARE AND MEDICAID EXTENDERS SEC. 1101. 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) and section 2201 of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116-159), is amended by striking ``December 12, 2020'' and inserting ``December 19, 2020''. SEC. 1102. EXTENSION OF FUNDING OUTREACH AND ASSISTANCE FOR LOW-INCOME PROGRAMS.

(a) State Health Insurance Programs.--Subsection (a)(1)(B)(xi) 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), section 3803 of the CARES Act (Public Law 116-136), and section 2203 of the Continuing Appropriations Act, 2021 and Other Extensions Act (Public Law 116-159), is amended by striking ``December 11'' and inserting ``December 18''.

(b) Area Agencies on Aging.--Subsection (b)(1)(B)(xi) of such section 119, as so amended, is amended by striking ``December 11'' and inserting ``December 18''.

(c) Aging and Disability Resource Centers.--Subsection (c)(1)(B)(xi) of such section 119, as so amended, is amended by striking ``December 11'' and inserting ``December 18''.

(d) Contract With the National Center for Benefits and Outreach Enrollment.--Subsection (d)(2)(xi) of such section 119, as so amended, is amended by striking ``December 11'' and inserting ``December 18''. SEC. 1103. 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)) is amended by striking ``December 11'' each place such phrase appears and inserting ``December 18'' in each such place. SEC. 1104. 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 Public Law 116- 159, is amended by striking ``December 11'' and inserting ``December 18''. SEC. 1105. 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 Public Law 116-159, is amended by striking ``December 11'' and inserting ``December 18''.

(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). SEC. 1106. EXTENSION OF DELAY OF DSH REDUCTIONS.

Section 1923(f)(7) of the Social Security Act (42 U.S.C. 1396r-4(f)(7)(A)) is amended by striking ``December 12'' each place such phrase appears and inserting ``December 19'' in each such place. SEC. 1107. EXTENSION OF MONEY FOLLOWS THE PERSON.

Section 6071(h)(1)(H) of the Deficit Reduction Act of 2005 (42 U.S.C. 1396a note) is amended by striking ``December 11'' and inserting ``December 18''.

TITLE II--PUBLIC HEALTH EXTENDERS AND FOOD AND DRUG ADMINISTRATION PROVISIONS Subtitle A--Public Health Extenders SEC. 1201. EXTENDING FUNDING FOR COMMUNITY HEALTH CENTERS, NATIONAL HEALTH SERVICE CORPS, AND TEACHING HEALTH CENTER GME.

(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 ``$789,041,096'' and inserting ``$865,753,425''; and

(2) by striking ``December 11, 2020'' and inserting ``December 18, 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 ``$61,150,685'' and inserting ``$67,095,890''; and

(2) by striking ``December 11, 2020'' and inserting ``December 18, 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 ``$24,953,425'' and inserting ``$27,379,452''; and

(2) by striking ``December 11, 2020'' and inserting ``December 18, 2020''.

(d) Application of Provisions.--Amounts appropriated pursuant to the amendments made by this section for the period beginning on December 11, 2020, and ending on December 18, 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.

(e) Conforming Amendments.--Paragraph (4) of section 3014(h) of title 18, United States Code, as amended by section 3831(e) of the CARES Act (Public Law 116-136), is amended--

(1) by striking ``Social Services Act,,'' and inserting ``Social Services Act,''; and

(2) by striking ``and section 2101 of the Continuing Appropriations Act, 2021 and Other Extensions Act'' and inserting ``section 2101 of the Continuing Appropriations Act, 2021 and Other Extensions Act, and section 1201(d) of the Further Continuing Appropriations Act, 2021, and Other Extensions Act''. SEC. 1202. 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 ``$29,589,042'' and inserting ``$32,465,753''; and

(2) by striking ``December 11, 2020'' and inserting ``December 18, 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 ``$29,589,042'' and inserting ``$32,465,753''; and

(2) by striking ``December 11, 2020'' and inserting ``December 18, 2020''. SEC. 1203. PERSONAL RESPONSIBILITY EDUCATION; SEXUAL RISK AVOIDANCE EDUCATION.

(a) Sexual Risk Avoidance Education.--Section 510 of the Social Security Act (42 U.S.C. 710) is amended by striking ``December 11, 2020'' each place it appears and inserting ``December 18, 2020''.

(b) Personal Responsibility Education.--Section 513 of the Social Security Act (42 U.S.C. 713) is amended by striking ``December 11, 2020'' each place it appears and inserting ``December 18, 2020''. Subtitle B--Food and Drug Administration Provisions SEC. 1211. 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 ``December 11, 2020'' each place it appears and inserting ``December 18, 2020''; and

(2) in subparagraph (B), by striking ``December 11, 2022'' and inserting ``December 18, 2022''. TITLE III--OFFSETS SEC. 1301. TRANSPARENCY OF MEDICARE SECONDARY PAYER REPORTING INFORMATION.

Section 1862(b)(8)(G) of the Social Security Act (42 U.S.C. 395y(b)(8)(G)) is amended--

(1) by striking ``information.--The Secretary'' and inserting ``information.--

``(i) In general.--The Secretary''; and

(2) by adding at the end the following new clause:

``(ii) Specified information.--In responding to any query made on or after the date that is 1 year after the date of the enactment of this clause from an applicable plan related to a determination described in subparagraph (A)(i), the Secretary, notwithstanding any other provision of law, shall provide to such applicable plan--

``(I) whether a claimant subject to the query is, or during the preceding 3-year period has been, entitled to benefits under the program under this title on any basis; and

``(II) to the extent applicable, the plan name and address of any Medicare Advantage plan under part C and any prescription drug plan under part D in which the claimant is enrolled or has been enrolled during such period.''. SEC. 1302. DISPENSATION OF NARCOTIC DRUGS FOR THE PURPOSE OF RELIEVING ACUTE WITHDRAWAL SYMPTOMS FROM OPIOID USE DISORDER.

Not later than 180 days after the date of enactment of this Act, the Attorney General shall revise section 1306.07(b) of title 21, Code of Federal Regulations, so that practitioners, in accordance with applicable State, Federal, or local laws relating to controlled substances, are allowed to dispense not more than a three-day supply of narcotic drugs to one person or for one person's use at one time for the purpose of initiating maintenance treatment or detoxification treatment (or both). SEC. 1303. MEDICAID IMPROVEMENT FUND.

Section 1941(b)(3)(A) of the Social Security Act (42 U.S.C 1396w-1(b)(3)(A)) is amended by striking ``$3,446,000,000'' and inserting ``$3,464,000,000''. TITLE IV--BUDGETARY EFFECTS SEC. 1401. BUDGETARY EFFECTS.

(a) Statutory PAYGO Scorecards.--The budgetary effects of this 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 this 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 this 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.

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Ms. DeLAURO. 8900, currently under consideration.

Mr. Speaker, as we speak, the Appropriations Committees are hard at work negotiating fiscal year 2021 appropriations bills. There are many serious issues facing our Nation, and Federal funding plays a critical role in supporting families and communities as they go about their day- to-day lives as they try to survive during this health and economic crisis.

Mr. Speaker, Americans deserve the certainty of a full-year funding, and the Congress has a responsibility to the Nation to do its job and pass all 12 funding bills before we adjourn.

The continuing resolution we consider today will keep the government up and running to bring spending talks to a successful conclusion. These are serious issues that touch every aspect of people's lives, like their education, transportation systems, national security, public health infrastructure, and our environment.

In addition to an omnibus appropriations bill, it is my hope that this additional week will allow negotiators the time to assemble an emergency coronavirus relief package.

To take advantage of this window of opportunity, Leader McConnell must finally sit down with Democrats to find a bipartisan solution.

Coupled with a full year of government funding, an interim coronavirus relief package is critical. It is a lifeline for working families. If we do not act, 12 million Americans could lose unemployment aid just after Christmas, and millions could lose access to paid sick leave and protections against evictions. This will put working families over the edge and our economy closer to the financial cliff.

I urge my colleagues to join me in adopting this continuing resolution. Let us support the ongoing negotiations.

People are desperate. They are counting on us. We need to provide relief to working families, to our schools, to our children, to small businesses, and to communities across the Nation.
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Ms. DeLAURO. Jackson Lee).

Ms. JACKSON LEE. Mr. Speaker, I certainly associate with the concerns of the majority leader, Mr. Hoyer. I associate myself with his concerns and my appreciation for the Appropriations Committee.

Let me thank Ms. DeLauro and my fellow Texan, Ms. Granger, and certainly make mention of her ascending to continue as ranking member in the next Congress.

I rise to support this underlying legislation for the extension of the CR to December 18. And I rise to, as well, reemphasize the desperate conditions Americans are in. There are 14 million COVID-19 cases, almost 300,000 dead. It is predicted to have Americans, tragically, that will possibly lose their life in 2021, of upward of 500,000 Americans.

This is a funding bill. When we say keep the government open, what we really mean is to serve the American people, to make sure that they have healthcare, that they have education dollars, that they are able to fund their local police and fire, that they have childcare dollars, that they have research dollars.

At the same time, if I went on any local street in America today, they would be asking me to give them a lifeline so their restaurants can stay open. The small businesses, they would be asking about their unemployment extension and the cash payments.

That is what we need to get into the negotiation, and we are hoping to do the funding bill and COVID-19 as well.

I want to rise on the floor today to make a number of points in particular: the necessity of the unemployment extension and increase-- we had $600 in the past--and the necessity of the cash payment as well.

But I also want to make mention of the fact that our local jurisdictions, our cities and counties and Tribal jurisdictions, they need the money for public funding to go directly to them, no strings attached by the State. They are losing out. Their firefighters are losing out; their health clinics are losing out; and their municipal workers are losing out because it is getting entangled with the State.

Finally, the Department of Transportation needs funding for its environmental assessment for projects like I-45.

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Ms. DeLAURO. Jackson Lee).

Ms. JACKSON LEE. Mr. Speaker, there are so many projects, like I-45 in Texas, that recklessly tears into minority neighborhoods without any response to those voters, those constituents, wiping out their houses and churches and schools. So the Department of Transportation funding will be in here that we will have the opportunity to assess environment impact statements.

Finally, let me offer my greatest appreciation for Chairwoman Nita Lowey; yes, an angel on this floor for so many years, guiding us, leading us in a way that brought back the kind of success that America needs.

Mr. Speaker, I thank Ms. DeLauro for her hard work and I wish her success as well.

Mr. Speaker, I know the majority leader has left the floor, but I thank him for his congratulations and his warm words. I look forward to working in conjunction with him as we move to pass 12 bills by June.

I want to particularly say how pleased I am to be able to work with the ranking member, my colleague from Texas. We have worked on issues in the past, never at this level, but I am looking forward to a really close and wonderful relationship as we try to do the Nation's business. Thank you so very much.

Mr. Speaker, with an additional week to negotiate, I am optimistic that we can fund the government for this year and we can deliver coronavirus relief for the American people who are desperate and looking to us for hope.

Mr. Speaker, I urge my colleagues to join me in passing this extension of funding so we can complete our work. It is not about us. We have the responsibility, but it is about the people outside of this Chamber who are relying on us.

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Ms. DeLAURO. Mr. Speaker, on that I demand the yeas and nays.

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