Reauthorization by CR

The Regional Center program is currently authorized through September 30, 2019 as part of 2019 appropriations. We depend on Congress to pass a 2020 appropriations bill that continues to carry regional center authorization. As usual, Congress has not yet figured out government funding for the new year, so there will be another one or more Continuing Resolutions to extended 2019 appropriations and defer the deadline. Today, the House passed H.R. 4378, which defers the expiration of government funding (and incidentally the regional center program sunset) to November 21, 2019 (or until there’s a new appropriations bill, whichever comes fist.) The measure now goes to the Senate, which will vote on it next week. Since the Senate has not come up with any alternative, I assume that the bill will pass, the government will not shut down, and the regional center program will remain authorized for now. When the reauthorization is passed, then final action dates for regional center EB-5 categories will no longer be “unavailable” in the October Visa Bulletin. (See Visa Bulletin Section D for an explanation.)

November 21, 2019 also happens to be the date for new EB-5 regulations to take effect, but I assume that Congressional appropriators were thinking about Thanksgiving vacation, not minor regulations, in choosing the date. And if history is any guide, there may be another CR with a new short-term deadline passed before November 21. And possibly a series of CRs.

Here, FYI, is the daisy chain of language related to regional center program authorization.

• H.R. 4378 (p. 3-4, 7) “The following sums are hereby appropriated… namely: Such amounts as may be necessary…for continuing projects or activities… that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2019, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: … (6) … title I of division H of Public Law 116–6…Unless otherwise provided for…  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 2020 without any provision for such project or activity. (3) November 21, 2019“
• This language refers back to Public Law 116-6 Division H, Title 1 (PDF page 463) which has current regional center program authorization in this sentence: “Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting ‘September 30, 2019’ for ‘September 30, 2015.’”
• This language refers back to Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (Public Law 102-395) Section 610(b) (PDF page 47), which originally established the regional center program.