Continuing Appropriations Act 2021 and Other Extensions Act
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:
SECTION 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 PL 116–94), except sections 791 and 792.
Key USDA Provisions:
SECTION 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.
SECTION 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 (PL 111–80) may be apportioned up to the rate for operations necessary to ensure that the program can be fully operational by May 2021.
SECTION 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.
TITLE VI—NUTRITION AND COMMODITIES PROGRAMS
SECTION 4601 P–EBT PROGRAM EXTENSION
Section 1101 of the Families First Coronavirus Response Act (PL 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 2020- 2021.—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 Oct. 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 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’’.
SECTION 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 (PL 116–127; 42 U.S.C. 1760 note) is amended by striking ‘‘Sept. 30, 2020’’ and inserting ‘‘Sept. 30, 2021’’.
(b) PHYSICAL PRESENCE WAIVER UNDER WIC DURING CERTAIN PUBLIC HEALTH EMERGENCIES.—Section 2203(c) of the Families First Coronavirus Response Act (PL 116–127; 42 U.S.C. 1786 note) is amended by striking ‘‘Sept. 30, 2020’’ and inserting ‘‘Sept. 30, 2021’’.
(c) ADMINISTRATIVE REQUIREMENTS WAIVER UNDER WIC.—Section 2204(c) of the Families First Coronavirus Response Act (PL 116–127) is amended by striking ‘‘Sept. 30, 2020’’ and inserting ‘‘Sept. 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.
SECTION 4603 SNAP FLEXIBILITIES
(a) EXTENSION OF EXISTING SNAP FLEXIBILITIES FOR COVID– 19.—
(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 Dec. 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 Sept.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 (PL 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 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.