Sec. 4101 Short title
This title may be cited as the “Emergency Stopgap USCIS Stabilization Act”.
Division D — Other Matters
D Other Matters
I Emergency Stopgap USCIS Stabilization Act
Sec. 4102 Expansion of premium processing
In general— Section 286(u) of the Immigration and Nationality Act (8 U.S.C. 1356(u)) is amended to read as follows:
“(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
“(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.”
Expansion to new benefit requests—
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:
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.
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.
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.
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.
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.
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 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
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:
Establish electronic filing procedures for all applications and petitions for immigration benefits.
Accept electronic payment of fees at all filing locations.
Issue correspondence, including decisions, requests for evidence, and notices of intent to deny, to immigration benefit requestors electronically.
Improve processing times for all immigration and naturalization benefit requests.
Semi-annual briefings— Not later than 180 days after submission of the plan described in subsection (a), and on a semi-annual basis thereafter, the Secretary shall advise the appropriate Committees on the implementation status of such plan.
Appropriate Committees defined— In this section, the term appropriate Committees means—
the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security of the House of Representatives; and
the Committee on Appropriations, the Committee on the Judiciary, and the Committee on Homeland Security and Governmental Affairs of the Senate.
II United States Parole Commission Extension
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.
Sec. 4203 Parole Commission Report
Section 3 of the United States Parole Commission Extension Act of 2018 (Public Law 115–274) is amended—
in subsection (b), by striking “2021” and inserting “2022”; and
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 the Senate and House of Representatives the items in paragraphs (1) through (3) of subsection (c), for the fiscal year.”
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”.
Sec. 4302 Findings; purpose
Findings— Congress finds the following:
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.
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).
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
Repeal— Section 211 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is repealed.
Technical and conforming amendments—
Revival and restoration—
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.
Laws— The laws described in this subparagraph are:
Antitrust Criminal Penalty Enhancement and Reform Act of 2004 Extension Act (Public Law 111–30; 123 Stat. 1775).
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).
Definitions— Section 212 of the Antitrust Criminal Penalty Enhancement and Reform Act of 2004 (15 U.S.C. 1 note) is amended—
by striking paragraph (6); and
by redesignating paragraph (7) as paragraph (6).
Applicability—
Markers and agreements before sunset— Notwithstanding the repeal under subsection (a), section 211(b) of the 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.
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.
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—
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
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;
V Budgetary Effects
Sec. 4501 Budgetary effects
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.
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).
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—
for purposes of section 251 of such Act; and
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.
VI Nutrition and Commodities Programs
Sec. 4601 P–EBT Program Extension
Section 1101 of the Families First Coronavirus Response Act (Public Law 116–127; 7 U.S.C. 2011 note) is amended—
in subsection (a)—
by striking “fiscal year 2020” and inserting “fiscal years 2020 and 2021”; and
by inserting “or has reduced the number of days or hours that students attend the school” after “school is closed”;
in subsection (b), in the first sentence, by inserting “and, as applicable, households with children eligible for assistance under subsection (h)” after “children”;
in subsection (c), by inserting “or has reduced the number of days or hours that students attend the school” after “school that is closed”;
in subsection (f)—
by striking “To facilitate” and inserting the following:
“(1) In general—To facilitate”
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.”
by redesignating subsections (h) and (i) as subsections (i) and (j), respectively;
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 to eligible children under a State agency plan under subsection (b).”
in subsection (i) (as so redesignated)—
in each of paragraphs (1) through (3), by inserting a paragraph heading, the text of which comprises the term defined in that paragraph;
by redesignating paragraphs (1) through (3) as paragraphs (2), (4), and (5), respectively;
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.”
in paragraph (2) (as so redesignated), by inserting “or reduced attendance or hours” after “closure”;
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.).”
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)).”
in subsection (j) (as so redesignated), by inserting “(including all administrative expenses)” after “this section”.
Sec. 4602 Extending Certain Waiver Authorities
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”.
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”.
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”.
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. 4603 SNAP Flexibilities
Extension of Existing SNAP Flexibilities for COVID–19—
State Options—
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—
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;
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
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.
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.
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.
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 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.”
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
In General— The Secretary of Agriculture may not use any funds, facilities, or authorities of the Commodity Credit Corporation or the Department of Agriculture—
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
to otherwise support, directly or indirectly, a refiner or importer (as so defined) in meeting any requirements under—
the renewable fuel program under section 211(o) of the Clean Air Act (42 U.S.C. 7545(o)); or
any other provision of law that requires the blending of fossil fuel with renewable fuel.
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).
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.