[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2311 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 99
117th CONGRESS
1st Session
S. 2311
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2021, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2021
Mr. Leahy introduced the following bill; which was read the first time
July 13, 2021
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2021, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, The following sums are
hereby are appropriated, out of any money in the Treasury not otherwise
appropriated, for the fiscal year ending September 30, 2021, and for
other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
Legal Activities
salaries and expenses, general legal activities
For an additional amount for ``Salaries and Expenses, General Legal
Activities'', $2,000,000, to remain available until September 30, 2022,
for necessary expenses of the Criminal Division to respond to the
attack on the United States Capitol Complex that occurred on January 6,
2021, and for related purposes: Provided, That the amount provided
under this heading in this Act may not be used to increase the number
of permanent positions: Provided further, That such amount is
designated by the Congress as being for an emergency requirement
pursuant to 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
salaries and expenses, united states attorneys
For an additional amount for ``Salaries and Expenses, United States
Attorneys'', $20,000,000, to remain available until September 30, 2022,
to respond to the attack on the United States Capitol Complex that
occurred on January 6, 2021, and for related purposes: Provided, That
the amount provided under this heading in this Act may not be used to
increase the number of permanent positions: 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.
United States Marshals Service
salaries and expenses
For an additional amount for ``United States Marshals Service,
Salaries and Expenses'', $26,000,000, to remain available until
September 30, 2022, of which $1,000,000 is to respond to the attack on
the United States Capitol Complex that occurred on January 6, 2021, and
for related purposes, and of which $25,000,000 is for the Judicial
Security Division: Provided, That the amount provided under this
heading in this Act may not be used to increase the number of permanent
positions: 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.
Federal Bureau of Investigation
salaries and expenses
For an additional amount for ``Federal Bureau of Investigation,
Salaries and Expenses'', $8,060,000, to remain available until
September 30, 2022, to respond to the attack on the United States
Capitol Complex that occurred on January 6, 2021, and for related
purposes: Provided, That the amount provided under this heading in
this Act may not be used to increase the number of permanent positions:
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.
Bureau of Alcohol, Tobacco, Firearms and Explosives
salaries and expenses
For an additional amount for ``Bureau of Alcohol, Tobacco, Firearms
and Explosives, Salaries and Expenses'', $1,500,000, to remain
available until September 30, 2022, to respond to the attack on the
United States Capitol Complex that occurred on January 6, 2021, and for
related purposes: Provided, That the amount provided under this
heading in this Act may not be used to increase the number of permanent
positions: 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.
Federal Prison System
salaries and expenses
For an additional amount for ``Federal Prison System, Salaries and
Expenses'', $1,800,000, to remain available until September 30, 2022,
to respond to the attack on the United States Capitol Complex that
occurred on January 6, 2021, and for related purposes: Provided, That
the amount provided under this heading in this Act may not be used to
increase the number of permanent positions: 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.
State and Local Law Enforcement Activities
office on violence against women
violence against women prevention and prosecution programs
For an additional amount for ``Violence Against Women Prevention
and Prosecution Programs'', $375,000,000, to remain available until
expended, to prevent, prepare for, and respond to coronavirus, of
which--
(1) $100,000,000 is for formula grants to States and
territories to combat violence against women, as authorized by
part T of title I of the Omnibus Crime Control and Safe Streets
Acts of 1968 (34 U.S.C. 10441 et seq.);
(2) $40,000,000 is for transitional housing assistance
grants for victims of domestic violence, dating violence,
stalking, or sexual assault, as authorized by section 40299 of
the Violent Crime Control and Law Enforcement Act of 1994
(``1994 Act'')(34 U.S.C. 12351);
(3) $100,000,000 is for formula grants to States and
territories for sexual assault victims assistance as authorized
by section 41601 of the 1994 Act (34 U.S.C. 12511(b));
(4) $20,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act (34 U.S.C. 12341);
(5) $15,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act
(34 U.S.C. 12464);
(6) $50,000,000 is for grants to Tribal governments, Tribal
coalitions, Tribal non-profit organizations and Tribal
organizations that serve Native victims for purposes authorized
under 34 U.S.C. 10441(d), 34 U.S.C. 12511(d), 34 U.S.C. 10452
and 34 U.S.C. 12511(e);
(7) $25,000,000 is for grants to enhance culturally
specific services for victims of domestic violence, dating
violence, sexual assault, and stalking as authorized under 34
U.S.C. 20124 grants to Enhancing Culturally Specific Services
for Victims of Domestic Violence, Dating Violence, Sexual
Assault and Stalking Program (commonly referred to as the
``Culturally Specific Services Program''); and
(8) $25,000,000 is for grants for outreach and services to
underserved populations as authorized under 34 U.S.C. 20123
(commonly referred to as the ``Underserved Program''):
Provided, 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.
Office of Justice Programs
state and local law enforcement assistance
For an additional amount for ``State and Local Law Enforcement
Assistance'', $1,100,000, to remain available until September 30, 2022,
for the sole purpose of restoring amounts, either directly or through
reimbursement, for obligations incurred for extraordinary law
enforcement and related costs directly associated with protection of
the President-elect from November 4, 2020 until the inauguration of the
President-elect as President: Provided, That such reimbursement shall
be provided only for costs that a State or local agency can document as
being over and above the cost of normal law enforcement operations and
as being directly attributable to the provision of protection described
herein: 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.
juvenile justice programs
For an additional amount for ``Juvenile Justice Programs'',
$50,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, for programs authorized by the Victims
of Child Abuse Act of 1990 (Public Law 101-647): Provided, 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.
TITLE II
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$231,000,000, to respond to the attack on the United States Capitol
Complex that occurred on January 6, 2021, and for related purposes:
Provided, 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.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $28,900,000, to respond to the attack on the United States
Capitol Complex that occurred on January 6, 2021, and for related
purposes: Provided, 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.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$314,600,000, to prevent, prepare for, and respond to coronavirus:
Provided, 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.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$63,500,000, to prevent, prepare for, and respond to coronavirus:
Provided, 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.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,700,000, to prevent, prepare for, and respond to
coronavirus: Provided, 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.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $111,900,000, to prevent, prepare for, and respond to
coronavirus: Provided, 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.
Operation and Maintenance, Space Force
For an additional amount for ``Operation and Maintenance, Space
Force'', $500,000, to prevent, prepare for, and respond to coronavirus:
Provided, 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.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $28,400,000, to prevent, prepare for, and respond to
coronavirus: Provided, 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.
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $5,000,000, to prevent, prepare for, and respond to
coronavirus: Provided, 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.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $600,000, to prevent, prepare for, and respond to
coronavirus: Provided, 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.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $900,000, to prevent, prepare for, and respond to
coronavirus: Provided, 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.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $228,500,000, of which $218,500,000 shall be used to
respond to the attack on the United States Capitol Complex that
occurred on January 6, 2021, and for related purposes, and of which
$10,000,000 shall be used to prevent, prepare for, and respond to
coronavirus: Provided, 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.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $49,200,000, of which $42,500,00 shall be used to
respond to the attack on the United States Capitol Complex that
occurred on January 6, 2021, and for related purposes, and $6,700,000
shall be used to prevent, prepare for, and respond to coronavirus:
Provided, 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.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
research, development, test and evaluation, navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $2,100,000, to prevent, prepare for, and respond to
coronavirus: Provided, 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.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$3,600,000, to prevent, prepare for, and respond to coronavirus:
Provided, 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.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$761,000,000, which shall be for operation and maintenance, to prevent,
prepare for, and respond to coronavirus: Provided, That,
notwithstanding that one percent of funding for operation and
maintenance under this heading in Public Law 116-260 shall remain
available for obligation until September 30, 2022, funding for
operation and maintenance made available under this heading in this Act
shall only be available through September 30, 2021: 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.
GENERAL PROVISIONS--THIS TITLE
Sec. 201. (a) Notwithstanding section 2208(l)(3) of title 10,
United States Code, during fiscal year 2021, the total amount of the
advance billings rendered or imposed for all working-capital funds of
the Department of Defense may exceed the amount otherwise specified in
such section.
(b) In this section, the term ``advance billing'' has the meaning
given that term in section 2208(l)(4) of title 10, United States Code.
(including transfer of funds)
Sec. 202. The Secretary of Defense may, with the approval of the
Office of Management and Budget, transfer not to exceed $2,000,000,000
of funds made available to the Department of Defense in the Department
of Defense Appropriations Act, 2021 (Public Law 116-260) between such
appropriations or funds or any subdivision thereof, to be available for
the same purposes as the appropriation or fund to which transferred:
Provided, That such authority shall only be used to prevent, prepare
for, and respond to coronavirus: Provided further, That the Secretary
shall provide not less than 7 days prior notification to the
congressional defense committees, as defined in section 8028 of Public
Law 116-260, for any transfer made pursuant to this authority:
Provided further, That upon a determination that all or part of the
funds transferred pursuant to this section are not necessary for the
purposes provided herein, such funds shall be transferred back to the
original appropriation: Provided further, That no amounts may be
transferred from amounts designated for Overseas Contingency
Operations/Global War on Terrorism 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: Provided further, That the
authority provided by this section is in addition to any other transfer
authority available to the Department of Defense.
TITLE III
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network
salaries and expenses
For an additional amount for ``Financial Crimes Enforcement
Network--Salaries and Expenses'', $74,000,000, to remain available
until expended, to implement division F and section 9714 of the William
M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year
2021 (Public Law 116-283), to respond to the attack on the United
States Capitol Complex that occurred on January 6, 2021, and for
related purposes: Provided, 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.
THE JUDICIARY
Courts of Appeals, District Courts, and Other Judicial Services
court security
(including transfer of funds)
For an additional amount for ``Courts of Appeals, District Courts,
and Other Judicial Services, Court Security'', $157,500,000, to remain
available until expended, to respond to the attack on the United States
Capitol Complex that occurred on January 6, 2021, and for related
purposes: Provided, That notwithstanding sections 331, 566(e)(1), and
566(i) of title 28, United States Code, the amount made available under
this heading in this Act shall be available to address judicial
security vulnerabilities, including threat management capabilities, for
the personal safety and security of Federal judges and their immediate
families: Provided further, That up to $35,000,000 shall be
transferred to the Federal Protective Service for the costs of required
upgrades and replacement of exterior perimeter security cameras at
United States courthouses and Federal facilities that house judicial
activities: 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.
DISTRICT OF COLUMBIA
Federal Funds
federal payment for emergency planning and security costs in the
district of columbia
For an additional amount for ``Federal Payment for Emergency
Planning and Security Costs in the District of Columbia'', $66,760,000,
to remain available until expended, to respond to the attack on the
United States Capitol Complex that occurred on January 6, 2021, and for
related purposes: Provided, 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.
General Services Administration
real property activities
federal buildings fund
For an additional amount to be deposited in the ``Federal Buildings
Fund'', $5,000,000, to remain available until expended, to respond to
the attack on the United States Capitol Complex that occurred on
January 6, 2021, and for related purposes, including for security
improvement studies and assessments: Provided, That not later than 90
days after the date of enactment of this Act, the Administrator of
General Services shall submit a spending plan regarding the use of such
amount to the Committees on Appropriations of the House of
Representatives and the Senate: 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.
TITLE IV
DEPARTMENT OF HOMELAND SECURITY
United States Secret Service
operations and support
For an additional amount for ``Operations and Support'',
$6,800,000, to remain available until September 30, 2022: Provided,
That not later than 15 days after the date of enactment of this Act and
quarterly thereafter, the Director of the United States Secret Service
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a plan for the obligation and expenditure of
such amount, which shall include lifecycle and replacement costs, as
appropriate: Provided further, That such amount may not be used to
acquire or operate armored tactical vehicles or any weapon, ammunition,
or other equipment or material that is designed to inflict serious
bodily harm or death: 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.
TITLE V
DEPARTMENT OF THE INTERIOR
National Park Service
operation of the national park system
For an additional amount for ``Operation of the National Park
System'', $9,000,000, to remain available until September 30, 2022, to
respond to the attack on the United States Capitol Complex that
occurred on January 6, 2021, and for related purposes: Provided, 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.
TITLE VI
RELATED AGENCIES
Social Security Administration
limitation on administrative expenses
For an additional amount for ``Limitation on Administrative
Expenses'', $150,000,000, to remain available until September 30, 2022,
to prevent, prepare for, and respond to coronavirus, including paying
the salaries and benefits of all employees affected as a result of
office closures, telework, phone and communication services for
employees, overtime costs, and supplies, and for resources necessary
for processing disability and retirement workloads and backlogs:
Provided, 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.
TITLE VII
LEGISLATIVE BRANCH
CHAPTER 1--SECURITY RELATED SUPPLEMENTAL APPROPRIATIONS
SENATE
Contingent Expenses of the Senate
sergeant at arms and doorkeeper of the senate
For an additional amount for ``Sergeant at Arms and Doorkeeper of
the Senate'', $11,490,000, to remain available until September 30,
2026, to respond to the attack on the United States Capitol Complex
that occurred on January 6, 2021, and for related purposes: Provided,
That such amount shall be allocated in accordance with a spending plan
submitted to the Committee on Appropriations of the Senate: 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.
sergeant at arms business continuity and disaster recovery fund
For an additional amount for the ``Sergeant at Arms Business
Continuity and Disaster Recovery Fund'', $5,000,000, to remain
available until expended, for the Sergeant at Arms and Doorkeeper of
the Senate for purposes of the business continuity and disaster
recovery needs of the Senate: Provided, That such amount shall be
allocated in accordance with a spending plan submitted to the Committee
on Appropriations of the Senate: Provided further, That such amount
shall be in addition to any other appropriations available for such
purpose: 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.
Administrative Provision
to establish the sergeant at arms business continuity and disaster
recovery fund for the senate
Sec. 701. Section 5 of the Legislative Branch Appropriations Act,
1991 (2 U.S.C. 6611) is amended--
(1) by striking all that precedes ``is authorized,'' and
inserting the following:
``SEC. 5. SERGEANT AT ARMS BUSINESS CONTINUITY AND DISASTER RECOVERY
FUND.
``(a) In General.--The Sergeant at Arms and Doorkeeper of the
Senate''; and
(2) by adding at the end the following:
``(b) Sergeant at Arms Business Continuity and Disaster Recovery
Fund.--
``(1) Establishment.--There is established under the
heading `Contingent Expenses of the Senate' an account to be
known as the `Sergeant at Arms Business Continuity and Disaster
Recovery Fund'.
``(2) Use of funds.--Amounts in the Fund shall be available
to the Sergeant at Arms and Doorkeeper of the Senate for
purposes of the business continuity and disaster recovery needs
of the Senate.''.
HOUSE OF REPRESENTATIVES
Allowances and Expenses
(including transfer of funds)
For an additional amount for ``Allowances and Expenses'',
$17,776,000, to remain available until September 30, 2022, to respond
to the attack on the United States Capitol Complex that occurred on
January 6, 2021, and for related purposes: Provided, That for
necessary expenses for business continuity and disaster recovery, funds
shall be allocated in accordance with a spending plan submitted to and
approved by the Committee on Appropriations of the House of
Representatives: Provided further, That of such amount, not more than
$500,800 is for the purpose of additional temporary counseling services
and may be transferred to the Office of Employee Assistance, pursuant
to section 101(a) of the Legislative Branch Appropriations Act, 1993 (2
U.S.C. 5507(a)), effective upon the expiration of the 10-day period
which begins on the date the Chief Administrative Officer notifies the
Committee on Appropriations of the transfer: 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.
CAPITOL POLICE
Salaries
(including transfer of funds)
For an additional amount for ``Salaries'', $37,495,000, to remain
available until September 30, 2022, to respond to the attack on the
United States Capitol Complex that occurred on January 6, 2021, and for
related purposes: Provided, That of such amount, $3,600,000 may remain
available until expended for retention bonuses: Provided further, That
of such amount, up to $6,900,000 shall be made available for hazard pay
for employees of the Capitol Police: Provided further, That of such
amount, $1,361,300 shall be made available for the wellness program for
the United States Capitol Police: Provided further, That amounts
provided under this heading in this chapter may be transferred between
the headings ``Salaries'' and ``General Expenses'' under the heading
``Capitol Police'' for the purposes specified under this heading in
this chapter in accordance with section 1001 of the Legislative Branch
Appropriations Act, 2014 (2 U.S.C. 1907a): 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.
General Expenses
(including transfer of funds)
For an additional amount for ``General Expenses'', $41,769,000, to
remain available until September 30, 2022, to respond to the attack on
the United States Capitol Complex that occurred on January 6, 2021, and
for related purposes: Provided, That of such amount, $2,628,000 shall
remain available until expended for physical protection barriers and
various civil disturbance unit equipment: Provided further, That
amounts provided under this heading in this chapter for physical
protection barriers may be transferred to and merged with ``Capitol
Police Buildings, Grounds and Security'': Provided further, That of
such amount, not less than $5,000,000 shall be made available for
reimbursable agreements with State and local law enforcement agencies
and not less than $4,800,000 shall be available for protective details
for Members of Congress, including Delegates and the Resident
Commissioner to the Congress: Provided further, That of such amount,
up to $2,500,000 may be transferred to ``Department of Justice--United
States Marshals Service--Salaries and Expenses'' for the purpose of
reimbursements for providing peer-to-peer and group counseling services
to the Capitol Police and training and technical and related assistance
necessary to establish a peer-to-peer and group counseling program
within the Capitol Police: Provided further, That amounts provided
under this heading in this chapter may be transferred between the
headings ``Salaries'' and ``General Expenses'' under the heading
``Capitol Police'' for the purposes specified under this heading in
this chapter in accordance with section 1001 of the Legislative Branch
Appropriations Act, 2014 (2 U.S.C. 1907a): 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.
United States Capitol Protection Task Force Fund
(including transfer of funds)
For an additional amount for ``United States Capitol Protection
Task Force'', $27,070,000, to remain available until expended, to
respond to the attack on the United States Capitol Complex that
occurred on January 6, 2021, and for related purposes: Provided, That
such amount shall be allocated in accordance with the United States
Capitol Protection Task Force authorities established in this Act and a
spending plan submitted to the Committees on Appropriations of the
House of Representatives and the Senate: Provided further, That the
Capitol Police may use amounts provided under this heading in this
chapter to reimburse a partner agency that performs activities in
preparation for or response to an event, or as part of a training
activity, under the Task Force agreement with that partner agency:
Provided further, That amounts provided under this heading in this
chapter may be transferred to ``Salaries'' and ``General Expenses''
under the heading ``Capitol Police'' for the purposes specified under
this heading in this chapter in accordance with section 1001 of the
Legislative Branch Appropriations Act, 2014 (2 U.S.C. 1907a): Provided
further, That such amount shall be in addition to any other
appropriations available for such purpose: 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.
Administrative Provisions
wellness program
Sec. 702. (a) Application of Law.--The wellness program of the
United States Capitol Police shall be known and designated as the
``Howard C. Liebengood Center for Wellness''.
(b) Effective Date.--This section shall apply with respect to
fiscal year 2021 and each succeeding fiscal year.
requiring uniformed united states capitol police officers to utilize
body-worn cameras while on duty
Sec. 703. (a) Requirement.--Each uniformed officer of the United
States Capitol Police whose job duties include interacting with the
general public shall utilize a body-worn camera and ensure that the
body-worn camera is activated while on duty.
(b) Exception for Officers on Personal Protection Detail.--
Subsection (a) does not apply to an officer during any time in which
the officer is serving on a personal protection detail.
(c) Regulations.--
(1) In general.--The Capitol Police Board shall promulgate
such regulations as may be necessary to carry out this section.
(2) Body camera footage.--The regulations promulgated under
paragraph (1) shall include guidance on the retention and
deletion of video footage recorded by a body-worn camera
utilized by an officer of the United States Capitol Police.
(3) Requiring notification prior to disclosure of certain
recorded information.--The regulations promulgated under
paragraph (1) shall include a requirement that the United
States Capitol Police shall not make any disclosure to any
third party (including a law enforcement agency), including any
disclosure pursuant to a request by compulsory process, of any
video or audio information relating to the House of
Representatives or the Senate which is recorded by a body-worn
camera utilized by an officer of the United States Capitol
Police until the United States Capitol Police provides notice
of the request to, and consults regarding the disclosure with--
(A) in the case of information relating to the
House of Representatives, the Office of the General
Counsel of the House of Representatives and any Member
(including a Delegate or Resident Commissioner),
officer, or employee of the House involved; or
(B) in the case of information relating to the
Senate, any Senator, officer, or employee of the Senate
involved.
(d) Effective Date.--This section shall apply with respect to
fiscal year 2021 and each succeeding fiscal year.
united states capitol protection task force
Sec. 704. (a) Short Title.--This section may be cited as the
``United States Capitol Protection Task Force Act''.
(b) Definitions.--In this section:
(1) Activate.--The term ``activate'', with respect to a
partner agency, means that the partner agency has been directed
to perform activities in preparation for or response to an
event, or as part of a training activity, under the Task Force
agreement with the partner agency.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the Committee on Rules and Administration and
the Committee on Appropriations of the Senate; and
(B) the Committee on House Administration and the
Committee on Appropriations of the House of
Representatives.
(3) Capitol complex.--The term ``Capitol complex'' means
the United States Capitol Grounds described in section 5102 of
title 40, United States Code, and the Capitol Buildings
described in section 5101 of title 40, United States Code.
(4) Capital region.--The term ``Capital region'' means--
(A) the District of Columbia;
(B) Anne Arundel, Baltimore, Charles, Frederick,
Howard, Montgomery, and Prince Georges Counties in
Maryland;
(C) Arlington, Fairfax, Loudoun, and Prince William
Counties in Virginia; and
(D) all cities in Maryland or Virginia in the
geographic area bounded by the outer boundaries of the
combined area of the counties listed in subparagraphs
(B) and (C).
(5) Chief.--The term ``Chief'' means the Chief of the
United States Capitol Police.
(6) Fund.--The term ``Fund'' means the United States
Capitol Protection Task Force Fund established under subsection
(l)(1).
(7) Incident command system organizational roster.--The
term ``Incident Command System organizational roster'' means
the list of assignments under the Incident Command System to be
used for rostering personnel of partner agencies developed
under subsection (d)(7)(A).
(8) National incident management system.--The term
``National Incident Management System'' has the meaning given
that term in section 501 of the Homeland Security Act of 2002
(6 U.S.C. 311).
(9) Partner agency.--The term ``partner agency''--
(A) means a law enforcement agency entering into a
Task Force agreement; and
(B) may include--
(i) Federal law enforcement agencies,
including--
(I) the Federal Bureau of
Investigation;
(II) the United States Marshals
Service;
(III) the United States Park
Police;
(IV) the United States Secret
Service;
(V) the United States Coast Guard;
(VI) the Federal Protective
Service;
(VII) the Amtrak Police Department;
(VIII) the United States Supreme
Court Police;
(IX) the Pentagon Force Protection
Agency; and
(X) the Government Publishing
Office Police;
(ii) any State or local law enforcement
agency operating in the Capital region; and
(iii) the National Guard of the District of
Columbia for the purposes of obtaining
specialized capabilities for use within the
mission of the Task Force.
(10) Task force.--The term ``Task Force'' means the United
States Capitol Protection Task Force established under the
agreements entered into or modified under subsection (c)(1).
(11) Task force agreement.--The term ``Task Force
agreement'' means a memorandum of understanding or other
agreement between the Chief and a partner entity establishing
the terms and conditions of the participation of the partner
entity in the Task Force.
(c) Establishment of Task Force.--
(1) In general.--The Chief shall enter into new memorandums
of understanding, or modify existing agreements, with law
enforcement agencies operating in the Capital region to
establish the United States Capitol Protection Task Force as a
ready response capability, to assist the United States Capitol
Police in protecting and providing security at the Capitol
complex, in accordance with this section.
(2) Construction with other authority.--The authority under
this section is in addition to any authority under section 911
of division B of the Department of Defense and Emergency
Supplemental Appropriations for Recovery from and Response to
Terrorist Attacks on the United States Act, 2002 (2 U.S.C.
1970), relating to assistance by executive departments and
agencies.
(d) Task Force Administration.--
(1) Head.--The head of the Task Force shall be the Chief,
who shall have the authority to activate partner agencies in
accordance with the Task Force agreements with the partner
agencies.
(2) Operation.--The rules, processes, procedures, and
expectations for the Task Force shall be established and
carried out in accordance with the National Incident Management
System and the Incident Command System.
(3) Command staff meetings.--The Chief and commanders from
each partner agency shall meet not less frequently than
quarterly to discuss the operation of the Task Force, including
intra-agency training goals, Task Force joint training
exercises, communications, Incident Command Systems, equipment,
and any other issue required to ensure the success of the Task
Force.
(4) Communications.--The Chief shall ensure consistent and
appropriate communication is provided regarding the activities
of the Task Force to--
(A) the Capitol Police Board, the Speaker of the
House of Representatives, the Minority Leader of the
House of Representatives, the Majority Leader of the
Senate, and the Minority Leader of the Senate;
(B) the appropriate committees of Congress;
(C) partner agencies, for dissemination to
executives overseeing the partner agencies and other
significant stakeholders; and
(D) the public.
(5) Training.--Under a Task Force agreement, a partner
agency shall participate in joint training with the Task Force
in accordance with subsection (i)(2).
(6) Staging and response operations.--The Chief shall
designate 1 or more locations in the Capitol complex, which
shall be coordinated with the various entities with
jurisdiction of the areas of the Capitol complex, that will be
used for staging and response operations by the Task Force.
(7) Assignment of duties.--
(A) List.--Not later than 90 days after the date of
enactment of this Act, the Chief shall develop a list
of assignments under the Incident Command System to be
used for rostering personnel of partner agencies during
an activation.
(B) Contents and review.--The Chief and partner
agencies shall--
(i) ensure that the assignments of
personnel under the Incident Command System
organizational roster comport with the
personnel that partner agencies will provide
under the Task Force agreements; and
(ii) review and, if necessary, revise the
Incident Command System organizational roster
on a quarterly basis.
(C) Training and exercise.--The Incident Command
System organizational roster and related protocols
shall be trained and exercised in accordance with
subsection (i)(2).
(e) Task Force Activation.--
(1) In general.--Except for an activation for training or
exercising activities relating to the Task Force, the Chief may
not activate the personnel, assets, capabilities, or equipment
of a partner agency, unless the Chief submits to the Capitol
Police Board a certification that intelligence and threat
identification related to 1 or more events indicates that the
necessary response will exceed the capacity of the United
States Capitol Police in carrying out its mission.
(2) First amendment considerations.--A certification by the
Chief under paragraph (1) shall include consideration of the
impacts on rights under the First Amendment to the Constitution
of the United States related to operational activities
resulting from the activation of 1 or more partner agencies.
(3) Certification of continued operational requirement.--
During a period during which 1 or more partner agencies are
activated, the Chief shall--
(A) not less frequently than every 30 days, submit
to the Capitol Police Board a certification described
in paragraph (1); and
(B) in preparing the certification submitted under
subparagraph (A), consult with--
(i) the Capitol Police Board; and
(ii) the appropriate committees of
Congress.
(f) Task Force Agreements Generally.--A Task Force agreement
shall--
(1) establish--
(A) the personnel, assets, capabilities, equipment,
and reimbursement to be provided from, or to, a partner
agency;
(B) the response time for a partner agency if the
Chief activates the partner agency; and
(C) that, upon activation, the personnel, assets,
capabilities, and equipment provided to the Task Force
by a partner agency shall operate under the authority
and direction of the Chief;
(2) provide that, when activated, the personnel of a
partner agency shall operate within the primary jurisdiction of
the United States Capitol Police under section 9B(b) of the Act
entitled ``An Act to define the area of the United States
Capitol Grounds, to regulate the use thereof, and for other
purposes'', approved July 31, 1946 (2 U.S.C. 1967(b)); and
(3) ensure consistency with the operational and
jurisdictional relationship between the United States Capitol
Police and the United States Supreme Court Police during
activations of the Task Force.
(g) Personnel.--
(1) In general.--Under a Task Force agreement, a partner
agency shall agree to make available, when activated, law
enforcement officers that have had significant training and
experience in handling demonstrations, riots, or other large
scale events requiring the deployment of civil disturbance
units.
(2) Size of dedicated personnel.--A partner agency shall
agree, under a Task Force agreement, on the number of personnel
to be provided during a period of activation, which--
(A) shall include identifying a sufficient number
of primary personnel and alternate personnel to ensure
the partner agency can provide the agreed upon number
of personnel;
(B) for a partner agency with a sworn workforce of
less than 200 officers, shall require that the partner
agency provide not less than 1 unit, which shall
consist of not less than 10 law enforcement officers;
(C) for a partner agency with a sworn workforce of
not less than 200 officers and less than 500 officers--
(i) shall require that the partner agency
provide not less than 1 unit, which shall
consist of not less than 20 law enforcement
officers; and
(ii) may provide that the partner agency
shall provide supervisory officers, a
commander, or mission support personnel;
(D) for a partner agency with a sworn workforce of
not less than 500 officers, shall require the partner
agency provide not less than 1 unit, which shall
consist of not less than 40 law enforcement officers,
an appropriate number of supervisory officers, a
commander, and not less than 5 mission support
personnel; and
(E) may provide that a partner agency shall provide
more than 1 unit described in sub-paragraph (B), (C),
or (D), as applicable.
(3) Capabilities.--
(A) In general.--The Chief shall ensure that the
Task Force agreements provide for a range of personnel
to be provided by partner agencies, with a range of
capabilities, as necessary for an effective rapid
response capability.
(B) Incident response capabilities.--The Chief
shall ensure that the Task Force has adequate incident
response capabilities--
(i) which shall include Incident Command
System supervisory positions and civil
disturbance commanders, supervisors, and
officers; and
(ii) may include Special Weapons And
Tactics officers, bomb and hazardous devices
technicians, hazardous materials response
technicians, canine teams, threats officers or
agents, intelligence agents or analysts,
command center operations technicians, and
communications or dispatch technicians.
(C) Mission response capabilities.--The Chief shall
ensure that the Task Force has adequate mission
response capabilities, including radio and information
technology specialists, training instructors, asset
management or logistics technicians, financial
management personnel, and public affairs officers or
specialists.
(h) Equipment.--
(1) Specialized equipment.--
(A) In general.--A Task Force agreement shall
specify specialized equipment that will be provided by
the Chief to the partner agency.
(B) Use outside activation.--A partner agency--
(i) may use equipment described in
subparagraph (A) that is provided by the Chief
during the normal operations of the partner
agency; and
(ii) shall--
(I) maintain any such equipment;
and
(II) if any such equipment is
damaged or destroyed during activities
that are not part of an activation of
the partner agency, bear the cost of
repairing or replacing the equipment,
in accordance with established
standards of the United States Capitol
Police.
(2) Communications.--Under a Task Force agreement, the
Chief shall be responsible for, and bear the cost of,
activities and equipment necessary to ensure the
interoperability of communications.
(3) Vehicles.--A Task Force agreement may specify the
response or specialized vehicles, including land and air
vehicles, that will be provided by a partner agency during a
period of activation.
(i) Training.--
(1) In general.--Under a Task Force agreement, the Chief
shall procure and provide training, including exercises,
relating to the activities of the Task Force, to ensure
consistent capabilities across the partner agencies.
(2) Frequency of joint training.--Under a Task Force
agreement, a partner agency shall participate in joint training
with the Task Force, to be conducted in the Capitol complex or
another appropriate training venue--
(A) not less than 4 times during the 1-year period
beginning on the date of enactment of this Act; and
(B) not less than 2 times per year thereafter.
(3) Goals.--The joint training by the partner agencies and
the United States Capitol Police shall be designed to enhance
interoperability and reinforce the requirements under the
National Incident Management System, including implementation
of a unified command structure for command and control of major
events.
(j) Reimbursement.--
(1) Reimbursable expenses.--A Task Force agreement shall
provide that the Chief shall reimburse a partner agency for the
cost--
(A) of overtime pay, hazardous duty pay, additional
pay required during training, and pay during response
or recovery time that is payable to personnel of the
partner agency in connection with activities of the
Task Force, which shall be determined based on standard
calculation rates contained in the Task Force
agreement;
(B) to the partner agency of stand-by capabilities;
(C) of the use of vehicles of the partner agency in
connection with activities of the Task Force;
(D) of administrative costs for maintaining the
personnel, assets, capabilities, equipment, and
vehicles provided to the Task Force by the partner
agency; and
(E) of damage to or the destruction of a vehicle
provided by the partner agency under the Task Force
agreement which occurs during a period of activation.
(2) No reimbursement of base salary.--A Task Force
agreement may not provide for the reimbursement of the basic
pay of personnel of a partner agency.
(k) Intelligence.--Not later than 90 days after the date of
enactment of this Act, the Chief shall submit to the Capitol Police
Board and the appropriate committees of Congress a plan to enhance the
intelligence and threat detection capabilities of the United States
Capitol Police, in order to ensure the effective operation and
activation of the Task Force.
(l) Funding.--
(1) Establishment.--There is established in the Treasury of
the United States a fund to be known as the United States
Capitol Protection Task Force Fund.
(2) Availability.--Amounts in the Fund shall be available
to the Chief for the cost of addressing significant response
requirements by partner agencies, including reimbursements in
accordance with this section, as determined by the Chief.
(3) Amounts deposited.--The Fund shall consist of any
amounts appropriated by law for the purposes of the Fund.
(4) Reporting.--
(A) In general.--Not later than 90 days after the
date of enactment of this Act, the Chief shall submit
to the Capitol Police Board and the appropriate
committees of Congress for review and approval an
internal controls plan for reporting on spending of
amounts appropriated to the Fund.
(B) Limitation.--The Chief may not obligate or
expend amounts in the Fund until the date on which the
Chief submits the internal controls plan in accordance
with subparagraph (A).
(m) Workers' Compensation.--
(1) Compensation.--Each partner agency shall provide for
the payment of compensation and death benefits to injured
members of the emergency forces of that partner agency and
representatives of deceased members of such forces if the
members sustain injuries or are killed while activated under a
Task Force agreement, including while engaged in training
activities under the Task Force agreement, in the same manner
and on the same terms as if the injury or death were sustained
within the jurisdiction of the partner agency.
(2) Other state law.--No partner agency shall be liable
under the law of any State other than its own for providing for
the payment of compensation or death benefits to injured
members of the emergency forces of the partner agency or
representatives of deceased members of such forces if the
members sustain injuries or are killed while activated under a
Task Force agreement, including while engaged in training
activities under the Task Force agreement, in the same manner
and on the same terms as if the injury or death were sustained
within the jurisdiction of the partner agency.
(n) Use of Force and Other Purposes.--While activated, personnel of
a partner agency are designated as special officers within the United
States Capitol Police, in accordance with paragraph (2) of section
1017(a) of division H of the Consolidated Appropriations Resolution,
2003 (2 U.S.C. 1974(a)), as added by this section, and, as such, shall
conduct law enforcement and security functions under agreed upon use of
force and other operational purposes, as determined by the Chief, in
accordance with the Task Force agreements.
(o) Annual Reporting.--The Chief shall submit with the annual
budget justification of the United States Capitol Police a report
documenting the activities of the Task Force from the prior year, which
shall include--
(1) the number and status of Task Force agreements;
(2) the number and type of training and exercises conducted
in support of the Task Force capabilities;
(3) a summary of the command staff meetings relating to
Task Force capabilities conducted during the reporting period;
(4) a summary of the types and scope of operational
activations of the Task Force during the reporting period;
(5) a summary of the after-action reports following
operational activations of the Task Force during the reporting
period; and
(6) a summary of the expenditures from the Fund to support
the Task Force.
(p) Auditing.--
(1) The Inspector General of the United States Capitol
Police shall conduct an annual audit of the operation of the
United States Capitol Protection Task Force, concurrently with
the audit of the annual financial statements of the United
States Capitol Police required under section 108(b)(2)(D) of
the Legislative Branch Appropriations Act, 2001 (2 U.S.C.
1903(b)(2)(D)).
(2) The Government Accountability Office shall conduct
periodic reviews of the activities and operations of the United
States Capitol Protection Task Force and report to the
Congress, and have access to, and the right to make and retain
copies of, the records of the Task Force and its component
organizations pertinent to its activities and operations.
(q) Capitol Police Special Officers.--Section 1017(a) of division H
of the Consolidated Appropriations Resolution, 2003 (2 U.S.C. 1974(a))
is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and adjusting the
margin accordingly;
(2) by striking ``In the event of an emergency,'' and
inserting the following:
``(1) Authority generally.--In the event of an
emergency,''; and
(3) by adding at the end the following:
``(2) Automatic designation of united states capitol
protection task force.--
``(A) Definitions.--In this paragraph, the terms
`activate' and `partner agency' have the meanings give
such terms in the United States Capitol Protection Task
Force Act.
``(B) Automatic designation.--Any law enforcement
officer of a partner agency that is activated under the
United States Capitol Protection Task Force Act shall
be deemed to have been appointed to serve as a special
officer of the Capitol Police within the authorities of
the Capitol Police in policing the Capitol buildings
and grounds.''.
capitol police salary cap adjustment
Sec. 705. For the purposes of administering pay during calendar
year 2021, the limitation on the maximum rate of gross compensation
under this subsection for any member or civilian employee of the
Capitol Police whose compensation includes overtime pay under the Fair
Labor Standards Act of 1938 (29 U.S.C. 201 et seq.) shall be limited to
Executive Schedule II at $199,300. Excluded from this limitation for
calendar year 2021 shall be retention bonuses and hazard bonuses
related to the events of January 6th.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
(including transfer of funds)
For an additional amount for ``Capital Construction and
Operations'', $525,000,000, to remain available until expended, to
respond to the attack on the United States Capitol Complex that
occurred on January 6, 2021, and for related purposes, including for
Capitol Complex emergency response and infrastructure security costs
of: (1) providing support for the Architect of the Capitol, the
Sergeants at Arms of the House of Representatives and the Senate, the
United States Capitol Police, and the Library of Congress in responding
to the attack and in preparing for and mitigating the effects of
similar attacks in the future; (2) repairing public facilities damaged
by the attack; (3) securing vulnerabilities of buildings and
infrastructure in the Complex; and (4) updating and enhancing physical
security in the Complex, including making revisions to the landscape
design infrastructure of the Complex and operational readiness:
Provided, That of such amount, $100,000,000 shall be immediately
transferred to ``Capitol Police Buildings, Grounds and Security'', for
construction of security screening vestibules at the Capitol Building,
and design and construction of security screening vestibules at the
House of Representatives and Senate office buildings: Provided
further, That of such amount, $40,000,000 may be used to restore
amounts, either directly or through reimbursement, for obligations
incurred for the same purposes by the Architect of the Capitol prior to
the date of the enactment of this Act: Provided further, That any
funds transferred by the Architect pursuant to the authority in the
preceding proviso shall be merged with and made available for the same
purposes, and period of availability, as the appropriations to which
the funds are transferred: Provided further, That of such amount,
$300,582,000 is available for the replacement of existing windows and
doors in the Capitol Building and shall include necessary related
hardening work on the House of Representatives and Senate office
buildings: Provided further, That of such amount, $2,000,000 is
available for preliminary planning, study, and design of additional
sensitive compartmented information facility space for the Senate, in
coordination with the Office of the Secretary of the Senate: Provided
further, That funds made available under this heading in this chapter
may be used for design, installation, landscape architecture, and to
maintain a retractable security system as part of an interconnected
security of the United States Capitol Grounds: Provided further, That
amounts made available under this heading in this chapter for the
purposes specified in the preceding proviso shall be in addition to
amounts otherwise available for such purposes: Provided further, That
none of the funds made available in this or any other Act in prior
fiscal years, this fiscal year, or any fiscal year thereafter may be
used to install permanent, above-ground fencing around the perimeter,
or any portion thereof, of the United States Capitol Grounds, as
described in section 5102 of title 40, United States Code: Provided
further, That as soon as practicable after the date of the enactment of
this Act, a signed, detailed spending plan for the use of the amount
provided under this heading in this chapter, other than the amount
transferred pursuant to the first proviso, shall be submitted for
review by the Architect of the Capitol, in coordination with the Chief
Administrative Officer of the House of Representatives and the
Secretary of the Senate, and after consultation with the Sergeants at
Arms of the House of Representatives and the Senate, to the Speaker of
the House of Representatives, the Minority Leader of the House of
Representatives, the Majority and Minority Leaders of the Senate, and
the Chairpersons and ranking minority members of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided further, That such spending plan shall be submitted for review
prior to the implementation of such plan and no funds provided under
this heading in this chapter, other than the amount transferred
pursuant to the first proviso, shall be obligated prior to such review
and approval: Provided further, That such spending plan shall be
updated and resubmitted every 90 days (from initial submission) until
such time as all of the funds under this heading in this chapter have
been obligated: Provided further, That none of the funds made
available under this heading in this chapter shall be available for
reprogramming in an amount exceeding 10 percent of the total amount
allocated under the most recent version of such spending plan without
the written concurrence of the Chairpersons and ranking minority
members of the Committees on Appropriations of the House of
Representatives and the Senate: Provided further, That the Architect
of the Capitol Office of Inspector General shall be notified upon the
obligation or expenditure of any funds provided under this heading in
this chapter, other than the amount transferred pursuant to the first
proviso: Provided further, That not later than 45 days after the end
of any calendar quarter during which amounts provided under this
heading in this chapter are obligated or expended, other than the
amount transferred pursuant to the first proviso, the Office of
Inspector General shall review and submit a report on the uses of such
funds during the quarter to the Committee on House Administration of
the House of Representatives, the Committee on Rules and Administration
of the Senate, and the Committees on Appropriations of the House of
Representatives and Senate: 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.
LIBRARY OF CONGRESS
Salaries and Expenses
(including transfer of funds)
For an additional amount for ``Salaries and Expenses'',
$13,699,000, to remain available until September 30, 2022, to respond
to the attack on the United States Capitol Complex that occurred on
January 6, 2021, and for related purposes: Provided, That
notwithstanding the limitation described in section 1402(b) of the
Legislative Branch Appropriations Act, 2014, section 132a-3 of title 2,
United States Code, the amount provided under this heading in this
chapter may be transferred, subject to the approval requirement in
section 1402(a) of such 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.
CHAPTER 2--LEGISLATIVE BRANCH CORONAVIRUS SUPPLEMENTAL REQUIREMENTS AND
FOR OTHER PURPOSES
SENATE
Contingent Expenses of the Senate
sergeant at arms and doorkeeper of the senate
For an additional amount for ``Sergeant at Arms and Doorkeeper of
the Senate'', $15,197,417, to remain available until September 30,
2026, to prevent, prepare for, and respond to coronavirus: Provided,
That such amount shall be allocated in accordance with a spending plan
submitted to the Committee on Appropriations of the Senate: 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.
HOUSE OF REPRESENTATIVES
Payments to Widows and Heirs of Deceased Members of Congress
For payment to Susan M. Wright, widow of Ronald Wright,
late a Representative from the State of Texas, $174,000.
For payment to the heirs at law of Alcee Hastings, late a
Representative from the State of Florida, $174,000.
Allowances and Expenses
For an additional amount for ``Allowances and Expenses'',
$31,004,000, to remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus, which shall be for necessary
expenses for business continuity and disaster recovery: Provided, That
such amount shall be allocated in accordance with a spending plan
submitted to and approved by the Committee on Appropriations of the
House of Representatives: 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.
JOINT ITEMS
Office of the Attending Physician
For an additional amount for ``Office of the Attending Physician'',
$1,000,000, to remain available until expended, to prevent, prepare
for, and respond to coronavirus, including for testing and vaccine
boosters: Provided, 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.
CAPITOL POLICE
General Expenses
For an additional amount for ``General Expenses'', $800,000, to
remain available until September 30, 2022, to prevent, prepare for, and
respond to coronavirus: Provided, 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.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For an additional amount for ``Salaries and Expenses'', $170,000,
to remain available until September 30, 2022, to prevent, prepare for,
and respond to coronavirus: Provided, 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.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
(including transfer of funds)
For an additional amount for ``Capital Construction and
Operations'', $99,606,000, to remain available until September 30,
2022, to prevent, prepare for, and respond to coronavirus, for
necessary expenses of the Architect of the Capitol to supplement the
funding made available in Public Law 116-136, as amended by section
159(3) of Public Law 116-159, and for the same purposes; and for
related purchases for Congressional offices, including in Congressional
Districts and State Offices, wherever located: Provided, That any
funds transferred by the Architect to restore amounts, either directly
or through reimbursement, for obligations incurred for the purposes
provided herein prior to the date of enactment of this Act shall be
merged with and made available for the same purposes, and period of
availability, as the appropriations to which the funds are transferred:
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.
ADMINISTRATIVE PROVISION
authority of architect of the capitol to make expenditures in response
to emergencies
Sec. 706. (a) Coverage of Commuting Expenses.--Section 1305(a)(2)
of the Legislative Branch Appropriations Act, 2010 (2 U.S.C.
1827(a)(2)) is amended by inserting after ``refreshments,'' the
following: ``transportation and other related expenses incurred by
employees in commuting between their residence and their place of
employment,''.
(b) Expanded Authority to Provide Supplies, Products, and
Services.--Section 1305(a) of such Act (2 U.S.C. 1827(a)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) accept contributions of, and may incur obligations
and make expenditures out of available appropriations for,
supplies, products, and services necessary to respond to the
emergency, which may be provided for the use of any office
which is located within any building, grounds, or facility for
which the Architect of the Capitol is responsible for the
maintenance, care, and operation, on a reimbursable or non-
reimbursable basis subject to the availability of funds.''.
(c) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2021, and the amendments made by
subsection (b) shall apply with respect to fiscal year 2021 and each
succeeding fiscal year.
LIBRARY OF CONGRESS
Salaries and Expenses
(including transfer of funds)
For an additional amount for ``Salaries and Expenses'',
$16,223,000, to remain available until September 30, 2022, to prevent,
prepare for, and respond to coronavirus, including for revolving fund
activities pursuant to the Library of Congress Fiscal Operations
Improvement Act of 2000, for the Copyright Office, for the
Congressional Research Service, and for the Little Scholars Child
Development Center: Provided, That of such amount, $50,000 shall be
transferred for necessary expenses of the Congressional Research
Service, consistent with section 203 of the Legislative Reorganization
Act of 1946, section 166 of title 2, United State Code: Provided
further, That notwithstanding section 1402(b) of the Legislative Branch
Appropriations Act, 2014, section 132a-3 of title 2, United States
Code, the amount provided under this heading in this chapter may be
transferred, subject to the approval requirement in section 1402(a) of
such 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.
GOVERNMENT PUBLISHING OFFICE
Government Publishing Office Business Operations Revolving Fund
For an additional amount for ``Government Publishing Office
Business Operations Revolving Fund'', $7,300,000, to remain available
until September 30, 2022, to prevent, prepare for, and respond to
coronavirus, including for offsetting losses in amounts collected
pursuant to section 309 of title 44, United States Code, as a result of
coronavirus: Provided, 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.
TITLE VIII
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$100,000,000, to remain available until expended, to address
humanitarian needs in Afghanistan and to assist Afghan refugees:
Provided, That such amount shall be in addition to any other funds
available for such purpose: 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.
GENERAL PROVISIONS--THIS TITLE
extension and modification of the afghan special immigrant visa program
Sec. 801. (a) Section 602(b) of the Afghan Allies Protection Act of
2009 (8 U.S.C. 1101 note) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by amending clause (ii) to read as
follows:
``(ii) was or is employed in Afghanistan on
or after October 7, 2001, for not less than 1
year--
``(I) by, or on behalf of, the
United States Government; or
``(II) by the International
Security Assistance Force (or any
successor name for such Force) in a
capacity that required the alien, while
traveling off-base with United States
military personnel stationed at the
International Security Assistance Force
(or any successor name for such Force),
to serve as an interpreter or
translator for such United States
military personnel; and'';
(ii) in clause (iii), by striking ``; and''
and inserting a period; and
(iii) by striking clause (iv);
(B) in subparagraph (D)(ii)(I)(bb)--
(i) in the matter preceding subitem (AA),
by inserting ``per denial or revocation'' after
``written appeal''; and
(ii) in subitem (AA), by inserting ``or
thereafter at the discretion of the Secretary
of State'' after ``in writing'';
(C) by striking subparagraph (E); and
(D) by redesignating subparagraph (F) as
subparagraph (E);
(2) in paragraph (3)(F)--
(A) in the subparagraph heading, by striking
``2021'' and inserting ``2022'';
(B) in the matter preceding clause (i)--
(i) by striking ``exhausted,,'' and
inserting ``exhausted,''; and
(ii) by striking ``26,500'' and inserting
``46,500'';
(C) in clause (i), by striking ``December 31,
2022'' and inserting ``December 31, 2023;''; and
(D) in clause (ii), by striking ``December 31,
2022'' and inserting ``December 31, 2023;'';
(3) in paragraph (4)(A), by inserting ``, including Chief
of Mission approval,'' after ``so that all steps''; and
(4) in paragraph (13), in the matter preceding subparagraph
(A), by striking ``January 31, 2023'' and inserting ``January
31, 2024''.
(b) Emergency Requirement.--The amount provided by this section 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.
postponement of medical exam for afghan allies who are eligible for
special immigrant visas
Sec. 802. (a) Authorization.--The Secretary of State or the
Secretary of Homeland Security may waive any requirement to undergo a
medical exam under section 232 of the Immigration and Nationality (8
U.S.C. 1222), or any other applicable requirement to undergo a medical
exam prior to admission to the United States, for aliens described in
section 602(b)(2) of the Afghan Allies Protection Act of 2009 (8 U.S.C.
1101 note).
(b) Duration.--A waiver under subsection (a) shall be for a period
of 1 year, which may be extended for additional 1-year periods.
(c) Requirement for Medical Exam After Admission.--
(1) In general.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
shall ensure that an alien who does not undergo a medical exam
prior to admission to the United States pursuant to this
section receives such an exam not later than 45 days after the
date on which the alien is admitted to the United States.
(2) Report.--With respect to each such alien, not later
than 1 year after the date on which the waiver authority under
subsection (a) is exercised, and not later than the date that
is 1 year after the date on which any extension under
subsection (b) is granted, the Secretary of Homeland Security,
in consultation with the Secretary of Health and Human
Services, shall submit to the appropriate committees of
Congress a report on the medical exams undertaken by the alien
under paragraph (1).
(d) Notification.--With respect to each alien for whom the
Secretary of State or the Secretary of Homeland Security exercises the
waiver authority under subsection (a) or extends such a waiver under
subsection (b), the Secretary of State or the Secretary of Homeland
Security, as applicable, shall notify the appropriate committees of
Congress as soon as practicable thereafter.
(e) Appropriate Committees of Congress.--In this section, the term
``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on the
Judiciary, the Committee on Foreign Relations, and the
Committee on Homeland Security and Governmental Affairs of the
Senate; and
(2) the Committee on Armed Services, the Committee on the
Judiciary, the Committee on Foreign Affairs, and the Committee
on Homeland Security of the House of Representatives.
(f) Emergency Requirement.--The amount provided by this section 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.
special immigrant status for certain surviving spouses and children
Sec. 803. (a) Immigration and Nationality Act.--Section
101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C.
1101(a)(27)(D)) is amended--
(1) by striking ``an immigrant who is an employee'' and
inserting ``an immigrant who--
``(i) is an employee''; and
(2) by striking ``grant such status;'' and inserting
``grant such status; or
``(ii) is the surviving spouse or child of
an employee of the United States Government
abroad: Provided, That the employee performed
faithful service for a total of not less than
15 years or was killed in the line of duty;''.
(b) Afghan Allies Protection Act of 2009.--Section 602(b)(2)(C) of
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is
amended--
(1) in clause (ii), by redesignating subclauses (I) and
(II) as items (aa) and (bb), respectively, and moving such
items 2 ems to the right;
(2) by redesignating clauses (i) and (ii) as subclauses (I)
and (II), respectively, and moving such subclauses 2 ems to the
right;
(3) in the matter preceding subclause (I), as redesignated,
by striking ``An alien is described'' and inserting the
following:
``(I) In general.--An alien is
described'';
(4) in clause (i)(I), as redesignated, by striking ``who
had a petition for classification approved'' and inserting
``who had submitted an application to the Chief of Mission'';
and
(5) by adding at the end the following:
``(II) Employment requirements.--An
application by a surviving spouse or
child of a principal alien shall be
subject to employment requirements set
forth in subparagraph (A) as of the
date of the principal alien's filing of
an application for the first time, or
if no application has been filed, the
employment requirements as of the date
of the principal alien's death.''.
(c) Refugee Crisis in Iraq Act of 2007.--Section 1244(b)(3) of the
Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended--
(1) by striking ``described in subsection (b)'' and
inserting ``in this subsection'';
(2) in subparagraph (B), by redesignating clauses (i) and
(ii) as subclauses (I) and (II), respectively, and moving such
subclauses 2 ems to the right;
(3) by redesignating subparagraphs (A) and (B) as clauses
(i) and (ii), respectively, and moving such clauses 2 ems to
the right;
(4) in the matter preceding clause (i), as redesignated, by
striking ``An alien is described'' and inserting the following:
``(A) In general.--An alien is described'';
(5) in subparagraph (A)(i), as redesignated, by striking
``who had a petition for classification approved'' and
inserting ``who submitted an application to the Chief of
Mission''; and
(6) by adding at the end the following:
``(B) Employment requirements.--An application by a
surviving spouse or child of a principal alien shall be
subject to employment requirements set forth in
paragraph (1) as of the date of the principal alien's
filing of an application for the first time, or if the
principal alien did not file an application, the
employment requirements as of the date of the principal
alien's death.''.
(d) Effective Date.--The amendments made by this section shall be
effective on June 30, 2021, and shall have retroactive effect.
(e) Emergency Requirement.--The amount provided by this section 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.
conversion of petitions for special immigrant status for certain iraqis
Sec. 804. (a) Section 2 of Public Law 110-242 (8 U.S.C. 1101 note)
is amended by striking subsection (b) and inserting the following:
``(b) Duration.--The authority under subsection (a) shall expire on
the date on which the numerical limitation specified under section 1244
of the National Defense Authorization Act for Fiscal Year 2008 (Public
Law 110-181; 8 U.S.C. 1157 note) is reached.''.
(b) Emergency Requirement.--The amount provided by this section 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.
TITLE IX
GENERAL PROVISIONS--THIS ACT
Sec. 901. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 902. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 903. Unless otherwise provided for by this Act, the
additional amounts appropriated by this Act to appropriations accounts
shall be available under the authorities and conditions applicable to
such appropriations accounts for fiscal year 2021.
Sec. 904. Each amount appropriated in this Act may be made
available to restore amounts, either directly or through reimbursement,
for obligations incurred for the purposes provided herein for such
appropriation prior to the date of the enactment of this Act.
Sec. 905. In this Act, the term ``coronavirus'' means SARS-CoV-2
or another coronavirus with pandemic potential.
Sec. 906. Each amount designated in this Act 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 shall
be available (or rescinded or transferred, if applicable) only if the
President subsequently so designates all such amounts and transmits
such designations to the Congress.
Sec. 907. Any amount appropriated by this Act, 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 and subsequently so designated by the President, and
transferred pursuant to transfer authorities provided by this Act shall
retain such designation.
This Act may be cited as the ``Emergency Security Supplemental to
Respond to January 6th Appropriations Act, 2021''.
Calendar No. 99
117th CONGRESS
1st Session
S. 2311
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2021, and for other purposes.
_______________________________________________________________________
July 13, 2021
Read the second time and placed on the calendar