[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2789 Placed on Calendar Senate (PCS)]
<DOC>
Calendar No. 135
117th CONGRESS
1st Session
S. 2789
Making continuing appropriations for the fiscal year ending September
30, 2022, and for providing emergency assistance, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 21, 2021
Mr. Shelby (for himself and Mr. McConnell) introduced the following
bill; which was read the first time
September 22, 2021
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
Making continuing appropriations for the fiscal year ending September
30, 2022, and for providing emergency assistance, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Extending Government Funding and
Delivering Emergency Assistance Act''.
SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short Title
Sec. 2. Table of Contents.
Sec. 3. References.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2022
DIVISION B--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2022
DIVISION C--AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT, 2022
DIVISION D--OTHER MATTERS
Title I--Extensions, Technical Corrections, and Other Matters
Title II--Budgetary Effects
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--CONTINUING APPROPRIATIONS ACT, 2022
The following sums are hereby appropriated, out of any money in
the Treasury not otherwise appropriated, and out of applicable
corporate or other revenues, receipts, and funds, for the several
departments, agencies, corporations, and other organizational units of
Government for fiscal year 2022, and for other purposes, namely:
Sec. 101. Such amounts as may be necessary, at a rate for
operations as provided in the applicable appropriations Acts for fiscal
year 2021 and under the authority and conditions provided in such Acts,
for continuing projects or activities (including the costs of direct
loans and loan guarantees) that are not otherwise specifically provided
for in this Act, that were conducted in fiscal year 2021, and for which
appropriations, funds, or other authority were made available in the
following appropriations Acts:
(1) The Agriculture, Rural Development, Food and Drug
Administration, and Related Agencies Appropriations Act, 2021
(division A of Public Law 116-260), except section 799D, and
including title IV of division O of Public Law 116-260.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2021 (division B of Public Law 116-260),
except the proviso in section 541 and sections 542 and 543.
(3) The Department of Defense Appropriations Act, 2021
(division C of Public Law 116-260).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2021 (division D of Public Law 116-260),
except the last proviso under the heading ``Department of
Energy--Energy Programs--Science'', the last two provisos under
the heading ``Department of Energy--Energy Programs--Title 17
Innovative Technology Loan Guarantee Program'', and the two
provisos under the heading ``Department of Energy--Energy
Programs--Advanced Technology Vehicles Manufacturing Loan
Program''.
(5) The Financial Services and General Government
Appropriations Act, 2021 (division E of Public Law 116-260),
except the matter under the heading ``Presidential Transition
Administrative Support'' in title II, the matter under the
heading ``General Services Administration--Expenses,
Presidential Transition'' in title V, the proviso and the
amount specified in such proviso under the heading ``District
of Columbia--Federal Funds--Federal Payment for Emergency
Planning and Security Costs in the District of Columbia'' in
title IV, and title IX.
(6) The Department of Homeland Security Appropriations Act,
2021 (division F of Public Law 116-260), except section 538,
and including sections 101 through 103 and section 105 of title
I of division O of Public Law 116-260.
(7) The Department of the Interior, Environment, and
Related Agencies Appropriations Act, 2021 (division G of Public
Law 116-260).
(8) The Departments of Labor, Health and Human Services,
and Education, and Related Agencies Appropriations Act, 2021
(division H of Public Law 116-260), except sections 118 and
533.
(9) The Legislative Branch Appropriations Act, 2021
(division I of Public Law 116-260), except sections 211 and
213, and including section 7 of Public Law 116-260.
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2021 (division J of Public
Law 116-260), except sections 514, 515, and 517.
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2021 (division K of Public
Law 116-260), except title IX other than sections 9001 and 9002
and the matter preceding the first proviso and the first
proviso under the heading ``Consular and Border Security
Programs''.
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2021 (division L of Public
Law 116-260), except sections 420 and 421.
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for:
(1) the new production of items not funded for production
in fiscal year 2021 or prior years;
(2) the increase in production rates above those sustained
with fiscal year 2021 funds; or
(3) The initiation, resumption, or continuation of any
project, activity, operation, or organization (defined as any
project, subproject, activity, budget activity, program
element, and subprogram within a program element, and for any
investment items defined as a P-1 line item in a budget
activity within an appropriation account and an R-1 line item
that includes a program element and subprogram element within
an appropriation account) for which appropriations, funds, or
other authority were not available during fiscal year 2021.
(b) No appropriation or funds made available or authority granted
pursuant to section 101 for the Department of Defense shall be used to
initiate multi-year procurements utilizing advance procurement funding
for economic order quantity procurement unless specifically
appropriated later.
Sec. 103. Appropriations made by section 101 shall be available to
the extent and in the manner that would be provided by the pertinent
appropriations Act.
Sec. 104. Except as otherwise provided in section 102, no
appropriation or funds made available or authority granted pursuant to
section 101 shall be used to initiate or resume any project or activity
for which appropriations, funds, or other authority were not available
during fiscal year 2021.
Sec. 105. Appropriations made and authority granted pursuant to
this Act shall cover all obligations or expenditures incurred for any
project or activity during the period for which funds or authority for
such project or activity are available under this Act.
Sec. 106. Unless otherwise provided for in this Act or in the
applicable appropriations Act for fiscal year 2022, appropriations and
funds made available and 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 2022 without any provision for such project
or activity.
(3) December 3, 2021.
Sec. 107. Expenditures made pursuant to this Act shall be charged
to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this Act may be used without regard to
the time limitations for submission and approval of apportionments set
forth in section 1513 of title 31, United States Code, but nothing in
this Act may be construed to waive any other provision of law governing
the apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2022 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would
impinge on final funding prerogatives.
Sec. 110. This Act shall be implemented so that only the most
limited funding action of that permitted in the Act shall be taken in
order to provide for continuation of projects and activities.
Sec. 111. (a) For entitlements and other mandatory payments whose
budget authority was provided in appropriations Acts for fiscal year
2021, and for activities under the Food and Nutrition Act of 2008,
activities shall be continued at the rate to maintain program levels
under current law, under the authority and conditions provided in the
applicable appropriations Act for fiscal year 2021, to be continued
through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments
due on or about the first day of any month that begins after October
2021 but not later than 30 days after the date specified in section
106(3) may continue to be made, and funds shall be available for such
payments.
Sec. 112. Amounts made available under section 101 for civilian
personnel compensation and benefits in each department and agency may
be apportioned up to the rate for operations necessary to avoid
furloughs within such department or agency, consistent with the
applicable appropriations Act for fiscal year 2021, except that such
authority provided under this section shall not be used until after the
department or agency has taken all necessary actions to reduce or defer
non-personnel-related administrative expenses.
Sec. 113. Funds appropriated by this Act may be obligated and
expended notwithstanding section 10 of Public Law 91-672 (22 U.S.C.
2412), section 15 of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2680), section 313 of the Foreign Relations Authorization
Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1)
of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).
Sec. 114. (a) Each amount incorporated by reference in this Act
that was previously designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and
Emergency Deficit Control Act of 1985 or as being for disaster relief
pursuant to section 251(b)(2)(D) of such Act is designated by the
Congress as an emergency requirement pursuant to section 4001 of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022, or as being for disaster relief pursuant to
sections 4004(b)(6) and 4005(f) of such concurrent resolution,
respectively.
(b) All references to sections 251(b)(2)(B), 251(b)(2)(B)(ii)(III),
251(b)(2)(C), 251(b)(2)(C)(ii), 251(b)(2)(E)(ii), 251(b)(2)(E)(i)(II),
251(b)(2)(F), and 251(b)(2)(F)(ii)(I) of the Balanced Budget and
Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) shall be
treated for each amount incorporated by reference in this Act in the
Senate as references to sections 4004(b)(1), 4004(b)(1)(B)(i),
4004(b)(3), 4004(b)(3)(B), 4004(b)(4), 4004(b)(4)(B), 4004(b)(5),
4004(b)(5)(B), respectively, of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022, and in the
House of Representatives as references to sections 4005(a),
4005(a)(2)(A), 4005(c), 4005(c)(2), 4005(d), 4005(d)(2), 4005(e),
4005(e)(2)(A), respectively, of such concurrent resolution.
(c) This section shall become effective immediately upon enactment
of this Act, and shall remain in effect through the date in section
106(3).
Sec. 115. (a) Rescissions or cancellations of discretionary budget
authority that continue pursuant to section 101 in Treasury
Appropriations Fund Symbols (TAFS)--
(1) to which other appropriations are not provided by this
Act, but for which there is a current applicable TAFS that does
receive an appropriation in this Act; or
(2) which are no-year TAFS and receive other appropriations
in this Act,
may be continued instead by reducing the rate for operations otherwise
provided by section 101 for such current applicable TAFS, as long as
doing so does not impinge on the final funding prerogatives of the
Congress.
(b) Rescissions or cancellations described in subsection (a) shall
continue in an amount equal to the lesser of--
(1) the amount specified for rescission or cancellation in
the applicable appropriations Act referenced in section 101 of
this Act; or
(2) the amount of balances available, as of October 1,
2021, from the funds specified for rescission or cancellation
in the applicable appropriations Act referenced in section 101
of this Act.
(c) No later than November 22, 2021, the Director of the Office of
Management and Budget shall provide to the Committees on Appropriations
of the House of Representatives and the Senate a comprehensive list of
the rescissions or cancellations that will continue pursuant to section
101: Provided, That the information in such comprehensive list shall
be periodically updated to reflect any subsequent changes in the amount
of balances available, as of October 1, 2021, from the funds specified
for rescission or cancellation in the applicable appropriations Act
referenced in section 101, and such updates shall be transmitted to the
Committees on Appropriations of the House of Representatives and the
Senate upon request.
Sec. 116. Amounts made available by section 101 for ``Farm Service
Agency--Agricultural Credit Insurance Fund Program Account'' may be
apportioned up to the rate for operations necessary to accommodate
approved applications for direct and guaranteed farm ownership loans,
as authorized by 7 U.S.C. 1922 et seq.
Sec. 117. Notwithstanding section 101, amounts are available to
the Department of Agriculture for ``Rural Business--Cooperative
Service--Rural Microentrepreneur Assistance Program'' for gross
obligations for the principal amount of direct loans as authorized by
section 379E of the Consolidated Farm and Rural Development Act (7
U.S.C. 2008s) not to exceed $25,000,000.
Sec. 118. (a) In carrying out the Special Supplemental Nutrition
Program for Women, Infants, and Children for the first quarter of
fiscal year 2022, the Secretary of Agriculture shall increase the
amount of a cash-value voucher to an amount recommended by the National
Academies of Science, Engineering and Medicine and adjusted for
inflation for women and children participants.
(b) Amounts made available by section 101 to the Department of
Agriculture for ``Domestic Food Programs-Food and Nutrition Service-
Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC)'' shall be apportioned at the rate for operations necessary to
accommodate the increase described in subsection (a).
Sec. 119. Notwithstanding sections 102 and 104, in addition to
amounts otherwise provided by section 101, amounts are provided to the
Department of Defense for ``Procurement--Other Procurement, Air Force''
at a rate for operations of $885,000,000, for the procurement of
equipment for the Strategic Microelectronic Supply program, and such
amounts may be apportioned up to the rate for operations necessary to
carry out such procurements.
Sec. 120. Amounts made available by section 101 to the Department
of Defense for ``Procurement--Procurement, Defense-Wide'' may be
apportioned up to the rate for operations necessary for the procurement
of Military Global Positioning System User Equipment Increment 1
Application Specific Integrated Circuits.
Sec. 121. Notwithstanding sections 102 and 104, amounts made
available by section 101 to the Department of Defense for ``Research,
Development, Test and Evaluation--Research, Development, Test and
Evaluation, Air Force'' may be apportioned up to the rate of operations
necessary for the acquisition of real property by the United States
Government.
Sec. 122. During the period covered by this Act, the limitation at
section 2208(l)(3) of title 10, United States Code, shall not apply
with respect to advance billing for orders for relief efforts related
to the COVID-19 pandemic.
Sec. 123. (a) Funding provided in prior Acts making appropriations
for energy and water development and related agencies for fiscal years
2019, 2020, and 2021 under the heading ``Department of the Interior--
Bureau of Reclamation--Water and Related Resources'' for carrying out
section 4007 of Public Law 114-322 shall be made available, in
accordance with that section and as recommended by the Secretary in a
letter dated July 23, 2021, for the construction, pre-construction, or
study of the North-of-the-Delta Off Stream Storage (Sites Reservoir
Project), the Los Vaqueros Reservoir Phase 2 Expansion Project, the
B.F. Sisk Dam Raise and Reservoir Expansion Project, and the Del Puerto
Canyon Reservoir.
(b) Funding provided in the Energy and Water Development and
Related Agencies Appropriations Act, 2021 under the heading
``Department of the Interior--Bureau of Reclamation--Water and Related
Resources'' for carrying out section 4009(a) of Public Law 114-322
shall be made available, in accordance with that section and as
recommended by the Secretary in a letter dated July 23, 2021, for the
North Pleasant Valley Desalter Facility, the Mission Basin Groundwater
Purification Facility Well Expansion and Brine Minimization Project,
the Los Robles Desalter Project, and the Regional Brackish Water
Reclamation Program.
(c) Funding provided in the Energy and Water Development and
Related Agencies Appropriations Act, 2021 under the heading
``Department of the Interior--Bureau of Reclamation--Water and Related
Resources'' for carrying out section 4009(c) of Public Law 114-322
shall be made available, in accordance with that section and as
recommended by the Secretary in a letter dated July 23, 2021, for the
El Paso Aquifer Storage and Recovery Using Reclaimed Water Project, the
Pure Water Soquel: Groundwater Replenishment and Seawater Intrusion
Prevention Project, the North San Diego Water Reuse Coalition Project,
the Pure Water Oceanside Project, the City of Santa Fe Reuse Pipeline
Project, the Replenish Big Bear Project, the Central Coast Blue:
Recycled Water Project, the Harvest Water Program, the East County
Advanced Water Purification Program: Phase Two, the Ventura Water Pure
Program, and the San Juan Watershed Project.
Sec. 124. (a) During the period covered by this Act, title I of
Public Law 108-361 (the Calfed Bay-Delta Authorization Act) (118 Stat.
1681), as amended by section 4007(k) of Public Law 114-322, shall be
applied by substituting ``2022'' for ``2021'' each place it appears.
(b) During the period covered by this Act, section 9106(g)(2) of
Public Law 111-11 (Omnibus Public Land Management Act of 2009) shall be
applied by substituting ``2022'' for ``2021''.
(c) During the period covered by this Act, section 104(c) of the
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.
2214(c)) shall be applied by substituting ``2022'' for ``2021''.
(d) During the period covered by this Act, section 301 of the
Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.
2241) shall be applied by substituting ``2022'' for ``2021''.
Sec. 125. (a) Notwithstanding section 101, section 506 of division
D of Public Law 116-260 shall be applied by substituting
``$841,000,000'' for ``$291,000,000''.
(b) Amounts provided by this Act for ``Department of Energy--Energy
Programs--Uranium Enrichment Decontamination and Decommissioning Fund''
may be apportioned up to the rate for operations necessary to avoid
disruption of continuing projects or activities funded in this
appropriation.
(c) The Secretary of Energy shall notify the Committees on
Appropriations of the House of Representatives and the Senate not later
than 3 days after each use of the authority provided in subsection (b).
Sec. 126. Notwithstanding section 101, amounts are provided for
``Executive Office of the President and Funds Appropriated to the
President--The White House--Salaries and Expenses'' at a rate for
operations of $60,000,000.
Sec. 127. Notwithstanding section 101, amounts are provided for
``General Services Administration--Allowances and Office Staff for
Former Presidents'' at a rate for operations of $5,000,000.
Sec. 128. Amounts made available by section 101 for ``Small
Business Administration--Business Loans Program Account'' may be
apportioned up to the rate for operations necessary to accommodate
increased demand for commitments for general business loans authorized
under paragraphs (1) through (35) of section 7(a) of the Small Business
Act (15 U.S.C. 636(a)), for guarantees of trust certificates authorized
by section 5(g) of the Small Business Act (15 U.S.C. 634(g)), for
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 (15 U.S.C. 697), and for commitments to
guarantee loans for debentures under section 303(b) of the Small
Business Investment Act of 1958 (15 U.S.C. 683(b)).
Sec. 129. Notwithstanding section 101, amounts are provided for
``District of Columbia--Federal Funds--Federal Payment to the Court
Services and Offender Supervision Agency for the District of Columbia''
at a rate for operations of $249,754,000: Provided, That the second
proviso under such heading in title IV of division E of Public Law 116-
260 shall be applied by substituting ``$70,574,000'' for
``$66,743,000''.
Sec. 130. Notwithstanding any other provision of this Act, except
section 106, the District of Columbia may expend local funds made
available under the heading ``District of Columbia--District of
Columbia Funds'' for such programs and activities under the District of
Columbia Appropriations Act, 2021 (title IV of division E of Public Law
116-260) at the rate set forth in the Fiscal Year 2022 Local Budget Act
of 2021 (D.C. Act 24-173), as modified as of the date of enactment of
this Act.
Sec. 131. Section 330(e)(3) of title 11, United States Code, is
amended by striking ``in that fiscal year'' at the end of the
paragraph.
Sec. 132. In addition to amounts otherwise provided by section
101, an amount is provided to the Department of Homeland Security for
``U.S. Citizenship and Immigration Services--Operations and Support''
for application processing, the reduction of backlogs within asylum,
field, and service center offices, and support of the refugee program
at a rate for operations of $250,000,000: Provided, That such amounts
shall be in addition to any other funds made available for such
purposes, and shall not be construed to require any reduction of any
fee described in section 286(m) of the Immigration and Nationality Act
(8 U.S.C. 1356(m)): Provided further, That prior to the obligation of
such resources, U.S. Citizenship and Immigration Services shall provide
to the Committees on Appropriations of the Senate and the House of
Representatives an expenditure plan that identifies backlog reduction
metrics and quarterly reports on the execution of such plan.
Sec. 133. Amounts made available by section 101 to the Department
of Homeland Security under the heading ``Federal Emergency Management
Agency--Disaster Relief Fund'' may be apportioned up to the rate for
operations necessary to carry out response and recovery activities
under the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.).
Sec. 134. (a) Sections 1309(a) and 1319 of the National Flood
Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by
substituting the date specified in section 106(3) of this Act for
``September 30, 2021''.
(b) If this Act is enacted after September 30, 2021, this section
shall be applied as if it were in effect on September 30, 2021.
Sec. 135. Amounts made available by section 101 for ``Department
of the Interior--National Park Service--National Recreation and
Preservation'' for heritage partnership programs may be used to provide
financial assistance to any national heritage area, national heritage
corridor, cultural heritage corridor, national heritage partnership,
national heritage route, national heritage canalway, and battlefields
national historic district established as of September 1, 2021,
notwithstanding any statutory sunset provision terminating the
Secretary's authority to provide assistance to any such area and
notwithstanding any limitation on amounts authorized to be appropriated
with respect to any such area: Provided, That the Commission sunset
provision in section 804(j) of division B of H.R. 5666 (Appendix D), as
amended, as enacted into law by section 1(a)(4) of Public Law 106- 554,
shall be applied by substituting the date specified in section 106(3)
of this Act for ``September 30, 2021'': Provided further, That the
authority in section 295D of Public Law 109-338, as amended, shall
continue in effect through the date specified in section 106(3) of this
Act.
Sec. 136. Notwithstanding subsection (c)(2)(B) of section 200303
of title 54, United States Codes, during the period covered by this Act
amounts made available from the Land and Water Conservation Fund for
fiscal year 2022 pursuant to subsection (a) of such section of such
title shall be allocated by the Secretary of the Interior or the
Secretary of Agriculture, as appropriate, only for the following
agencies and accounts, for the purposes specified, and in the amounts
specified multiplied by the percentage of fiscal year 2022 covered by
this Act:
(1) ``Department of the Interior--Bureau of Land
Management--Land Acquisition'', $7,500,000, for Acquisition
Management;
(2) ``Department of the Interior--United States Fish and
Wildlife Service--Land Acquisition'', $17,000,000, for Land
Acquisition Management;
(3) ``Department of the Interior--National Park Service--
Land Acquisition and State Assistance'', $14,500,000, for
Acquisition Management;
(4) ``Department of the Interior--Office of the Secretary--
Departmental Operations'', $19,000,000, for Management
Services, Appraisal and Valuation Service Offices-Federal
Lands;
(5) ``Department of Agriculture--Forest Service--State and
Private Forestry'', $6,400,000, for Administrative Funds; and
(6) ``Department of Agriculture--Forest Service--Land
Acquisition'', $12,000,000, for Acquisition Management.
Sec. 137. (a) In addition to amounts provided by section 101,
amounts are provided for ``Department of Health and Human Services--
Indian Health Service--Indian Health Services'' at a rate for
operations of $22,080,000, for an additional amount for costs of
staffing and operating facilities that were opened, renovated, or
expanded in fiscal years 2021 and 2022, and such amounts may be
apportioned up to the rate for operations necessary to staff and
operate such facilities.
(b) In addition to amounts provided by section 101, amounts are
provided for ``Department of Health and Human Services--Indian Health
Service--Indian Health Facilities'' at a rate for operations of
$2,261,000, for an additional amount for costs of staffing and
operating facilities that were opened, renovated, or expanded in fiscal
years 2021 and 2022, and such amounts may be apportioned up to the rate
for operations necessary to staff and operate such facilities.
Sec. 138. In addition to amounts otherwise provided by section
101, for ``Department of Health and Human Services--Centers for Disease
Control and Prevention--Environmental Health'', there is appropriated
$1,500,000, for an additional amount for fiscal year 2022, to remain
available until September 30, 2022, for the Vessel Sanitation Program.
Sec. 139. (a) Funds made available in Public Law 114-113 to the
accounts of the National Institutes of Health that were available for
obligation through fiscal year 2016 and were obligated for multi-year
research grants shall be available through fiscal year 2022 for the
liquidation of valid obligations incurred in fiscal year 2016 if the
Director of the National Institutes of Health determines the project
suffered an interruption of activities attributable to COVID-19.
(b)(1) Subject to paragraph (2), this section shall become
effective immediately upon enactment of this Act.
(2) If this Act is enacted after September 30, 2021, this
section shall be applied as if it were in effect on September
30, 2021.
Sec. 140. In addition to amounts provided by section 101, amounts
are provided for ``Department of Health and Human Services--Substance
Abuse and Mental Health Services Administration--Mental Health'' at a
rate for operations of $77,621,000 for an additional amount for
carrying out section 520E-3 of the Public Health Service Act (42 U.S.C.
290bb-36c), and such amounts may be apportioned up to the rate for
operations necessary to operate and maintain the National Suicide
Prevention Lifeline program.
Sec. 141. In addition to amounts otherwise provided by this Act,
for ``Department of Health and Human Services--Administration for
Children and Families--Refugee and Entrant Assistance'', there is
appropriated $2,500,000,000, for an additional amount for fiscal year
2022, to remain available until September 30, 2024, to carry out
section 462 of the Homeland Security Act of 2002 and section 235 of the
William Wilberforce Trafficking Victims Protection Reauthorization Act
of 2008: Provided, That not later than November 1, 2021, the Secretary
of Health and Human Services shall submit to the Committees on
Appropriations of the House of Representatives and the Senate a report
detailing steps taken and planned to be taken by the Department to
phase out the use of emergency intake sites and a detailed plan for
ending the use of emergency intake sites, including a timeline of major
milestones and projections for delivered online bed capacity by
facility type: Provided further, That such report shall include an
aligned spend plan for estimated fiscal year 2022 obligations by major
category: Provided further, That the Secretary shall submit monthly
reports during fiscal year 2022 to the Committees on Appropriations on
all obligations and expenditures incurred by the Department for
carrying out such sections 462 and 235: Provided further, That such
amount is designated by the Congress as being for an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022.
Sec. 142. Amounts made available by section 101 for ``Department
of Health and Human Services--Administration for Children and
Families--Refugee and Entrant Assistance'' may be apportioned up to the
rate for operations necessary to carry out section 462 of the Homeland
Security Act of 2002 and section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008, and up to
the rate for operations necessary for activities authorized by section
414 of the Immigration and Nationality Act and section 501 of the
Refugee Education Assistance Act of 1980.
Sec. 143. Not later than 90 days after the date of enactment of
this Act, and every 90 days thereafter through fiscal year 2022, the
Secretary of Health and Human Services shall provide a report to the
Committees on Appropriations of the House of Representatives and the
Senate on (1) the total number of children that the Office of Refugee
Resettlement has released to sponsors living in the United States,
disaggregated by State, and (2) the number of children that the Office
of Refugee Resettlement has released to sponsors living in the United
States for whom the Office of Refugee Resettlement has successfully
conducted safety and welfare checks, and provided post-release services
as appropriate, for the most recent quarter such data are available.
Sec. 144. Not later than 10 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide a
report to the Committees on Appropriations of the House of
Representatives and the Senate, and disclose on a publicly available
website, on all transfers made for carrying out section 462 of the
Homeland Security Act of 2002 or section 235 of the William Wilberforce
Trafficking Victims Protection Reauthorization Act of 2008 during
fiscal year 2021. This report shall include: (1) a list of the source
of funds transferred by public law;(2) the program, project, or
activity funds were transferred from and the corresponding amount that
was transferred;(3) date of transfer;(4) the number of children
referred to the Office of Refugee Resettlement (ORR) by month for
fiscal year 2021; and(5) the age distribution of the children referred
to ORR by month for fiscal year 2021: Provided, That the report shall
be updated every 30 days throughout fiscal year 2022.
Sec. 145. During the period covered by this Act, for services
furnished under the Community Services Block Grant Act (``CSBG Act'')
with funds made available by this Act, by the Consolidated
Appropriations Act, 2021 (Public Law 116-260), or by the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136), States may
apply the last sentence of section 673(2) of the CSBG Act by
substituting ``200 percent'' for ``125 percent''.
Sec. 146. For purposes of annual leave accumulated in fiscal year
2021, the authority provided in section 2106 of division C of Public
Law 116-159 shall apply to such leave by substituting ``2021'' for
``2020'' in subsections (a) and (d).
Sec. 147. Activities authorized by part A of title IV (other than
under section 403(c) or 418) and section 1108(b) of the Social Security
Act shall continue through the date specified in section 106(3), in the
manner authorized for fiscal year 2021, and out of any money in the
Treasury of the United States not otherwise appropriated, there are
hereby appropriated such sums as may be necessary for such purpose.
Sec. 148. Section 114(f) of the Higher Education Act of 1965 (20
U.S.C. 1011c(f)) shall be applied by substituting the date specified in
section 106(3) of this Act for ``September 30, 2021''.
Sec. 149. Section 458(a)(4) of the Higher Education Act of 1965
(20 U.S.C. 1087h(a)(4)) shall be applied through the date specified in
section 106(3) of this Act by substituting ``2022'' for ``2021''.
Sec. 150. Notwithstanding section 101, section 116 of division J
of Public Law 116-260 shall be applied during the period covered by
this Act by substituting ``fifth fiscal year'' for ``fourth fiscal
year''.
Sec. 151. During the period covered by this Act, the Secretary of
Veterans Affairs may transfer up to $193,500,000 of the unobligated
balances from amounts made available for fiscal year 2021 under the
heading ``Veterans Health Administration--Medical Services'' in title
II of division F of the Further Consolidated Appropriations Act, 2020
(Public Law 116-94), or in section 8002 of title VIII of the American
Rescue Plan Act of 2021 (Public Law 117-2) to the following accounts of
the Department in the amounts specified:
(1) ``Veterans Benefits Administration--General Operating
Expenses, Veterans Benefits Administration'', up to
$178,000,000;
(2) ``Departmental Administration--Board of Veterans
Appeals'', up to $5,800,000; and
(3) ``Departmental Administration--Information Technology
Systems'', up to $9,700,000:
Provided, That the transferred amounts shall be used, in addition to
any other amounts available for such purposes, for personnel costs and
other expenses to implement the interim final rule entitled
``Presumptive Service Connection for Respiratory Conditions Due to
Exposure to Particulate Matter'', published on August 5, 2021 (86 FR
42724), and any revisions to such rule.
Sec. 152. Amounts made available by section 101 to United States
Government-funded entities for ``Related Agency--United States Agency
for Global Media--International Broadcasting Operations'', ``Related
Programs--The Asia Foundation'', ``Related Programs--United States
Institute of Peace'', and ``Related Programs--National Endowment for
Democracy'' may be apportioned up to the rate for operations necessary
to support the evacuation of Afghan journalists and other Afghan
employees of such entities, following consultation with the Committees
on Appropriations.
Sec. 153. Section 21009 of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) shall continue in effect
through the date specified in section 106(3) of this Act.
Sec. 154. Amounts made available by section 101 to the United
States International Development Finance Corporation for ``Corporate
Capital Account'' and paid to the ``Program Account'' shall be
available for the costs of modifying loans and loan guarantees
transferred to the Corporation pursuant to section 1463 of the BUILD
Act of 2018 (division F of Public Law 115-254): Provided, That such
costs shall be as defined in section 502 of the Congressional Budget
Act of 1974.
Sec. 155. Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied by
substituting the date specified in section 106(3) of this Act for
``October 1, 2021''.
Sec. 156. Notwithstanding section 101, amounts are provided for
``Department of Transportation--Office of the Secretary--Payments to
Air Carriers'' at a rate for operations of $247,700,000, and such
amounts may be apportioned up to the rate for operations necessary to
maintain Essential Air Service program operations.
Sec. 157. Amounts made available by section 101 to the Department
of Housing and Urban Development in the third paragraph under the
heading ``Public and Indian Housing--Native American Programs'' may be
apportioned up to the rate for operations necessary to accommodate
demand for guaranteed notes and other obligations as authorized by
title VI of the Native American Housing Assistance and Self-
Determination Act of 1996.
Sec. 158. In addition to amounts otherwise provided by section
101, for ``Procurement--Procurement, Defense-Wide'', there is
appropriated $1,000,000,000, for an additional amount for fiscal year
2022, to remain available until September 30, 2024, which shall be for
the Secretary of Defense to provide to the Government of Israel for the
procurement of the Iron Dome defense system to counter short-range
rocket threats: Provided, That such funds shall be provided to address
emergent requirements in support of Operation Guardian of the Walls:
Provided further, That such funds shall be transferred pursuant to an
exchange of letters and are in addition to funds provided pursuant to
the U.S.-Israel Iron Dome Procurement Agreement, as amended: Provided
further, That nothing in the preceding provisos shall be construed to
apply to amounts made available in prior appropriations Acts for the
procurement of the Iron Dome defense system: Provided further, That
such amount is designated by the Congress as being for an emergency
requirement pursuant to section 4001(a)(1) and section 4001(b) of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022.
This division may be cited as the ``Continuing Appropriations Act,
2022''.
DIVISION B--DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2022
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
office of the secretary
For an additional amount for the ``Office of the Secretary'',
$10,000,000,000, which shall remain available until December 31, 2023,
for necessary expenses related to losses of crops (including milk, on-
farm stored commodities, crops prevented from planting in 2020 and
2021, and harvested adulterated wine grapes), trees, bushes, and vines,
as a consequence of droughts, wildfires, hurricanes, floods, derechos,
excessive heat, winter storms, freeze, including a polar vortex, smoke
exposure, quality losses of crops, and excessive moisture occurring in
calendar years 2020 and 2021 under such terms and conditions as
determined by the Secretary: Provided, That, with respect to smoke
tainted wine grapes, the loss (including a quality loss) of such crop
during the coverage period due to wildfire, as determined by the
Secretary, is considered a qualified loss: Provided further, That
losses due to drought shall only be eligible under this heading in this
Act if any area within the county in which the loss occurs was rated by
the U.S. Drought Monitor as having a D2 (Severe Drought) for eight
consecutive weeks or a D3 (Extreme Drought) or higher level of drought
intensity during the applicable calendar years: Provided further, That
of the amounts provided under this heading in this Act, the Secretary
shall use $750,000,000 to provide assistance to producers of livestock,
as determined by the Secretary of Agriculture, for losses incurred
during calendar year 2021 due to drought or wildfires: Provided
further, That at the election of a processor eligible for a loan under
section 156 of the Federal Agriculture Improvement and Reform Act of
1996 (7 U.S.C. 7272) or a cooperative processor of dairy, the Secretary
shall make payments for losses in 2021 to such processors (to be paid
to producer members, as determined by such processors) in lieu of
payments to producers and under the same terms and conditions as
payments made to processors pursuant to title I of the Additional
Supplemental Appropriations for Disaster Relief Act, 2019 (Public Law
116-20) under the heading ``Department of Agriculture--Agricultural
Programs--Processing, Research and Marketing--Office of the
Secretary'', as last amended by section 791(c) of title VII of division
B of the Further Consolidated Appropriations Act, 2020 (Public Law 116-
94): Provided further, That notwithstanding section 760.1503(j) of
title 7 of the Code of Federal Regulations, in the event that a
processor described in the preceding proviso does not elect to receive
payments under such clause, the Secretary shall make direct payments to
producers under this heading in this Act: Provided further, That of
the amounts provided under this heading in this Act, not more than one
percent of the funds provided herein may be used for administrative
costs, including for streamlining the application process and easing
the burden on county office employees, to carry out the matter under
this heading in this Act: Provided further, That, except as otherwise
provided under this heading in this Act, the Secretary shall impose
payment limitations consistent with section 760.1507 of title 7, Code
of Federal Regulations (as in effect on the date of enactment of this
Act): Provided further, That, in the case of specialty crops or high
value crops, as determined by the Secretary, the Secretary shall impose
payment limitations consistent with section 760.1507(a)(2) of title 7,
Code of Federal Regulations (as in effect on January 1, 2019):
Provided further, That, with respect to the payment limitations
described under this heading in this Act, the Secretary shall apply
separate payment limits for each of 2020 and 2021: Provided further,
That the total amount of payments received under this heading in this
Act and applicable policies of crop insurance under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop Disaster
Assistance Program (NAP) under section 196 of the Federal Agriculture
Improvement and Reform Act of 1996 (7 U.S.C. 7333) (minus any premiums
or fees paid for such coverages) shall not exceed 90 percent of the
loss as determined by the Secretary: Provided further, That the total
amount of payments received under this heading in this Act for
producers who did not obtain a policy or plan of insurance for an
insurable commodity for the applicable crop year under the Federal Crop
Insurance Act (7 U.S.C. 1501 et seq.) for the crop incurring the losses
or did not file the required paperwork and pay the service fee by the
applicable State filing deadline for a noninsurable commodity for the
applicable crop year under NAP for the crop incurring the losses shall
not exceed 70 percent of the loss as determined by the Secretary:
Provided further, That producers receiving payments under this heading
in this Act, as determined by the Secretary, shall be required to
purchase crop insurance where crop insurance is available for the next
two available crop years and producers receiving payments under this
heading in this Act shall be required to purchase coverage under NAP
where crop insurance is not available in the next two available crop
years, as determined by the Secretary: Provided further, That not
later than 120 days after the end of fiscal year 2021, the Secretary
shall submit a report to the Congress specifying the type, amount, and
method of such assistance by state and territory.
FARM PRODUCTION AND CONSERVATION PROGRAMS
Natural Resources Conservation Service
watershed and flood prevention operations
For an additional amount for ``Watershed and Flood Prevention
Operations'' for necessary expenses for the Emergency Watershed
Protection Program, $275,000,000, to remain available until expended,
which shall be in addition to amounts otherwise available for such
purposes.
TITLE II
DEPARTMENT OF COMMERCE
National Institute of Standards and Technology
scientific and technical research and services
For an additional amount for ``Scientific and Technical Research
and Services'' for necessary expenses to carry out investigations of
building failures pursuant to the National Construction Safety Team Act
of 2002 (15 U.S.C. 7301), $22,000,000, to remain available until
September 30, 2023.
National Oceanic and Atmospheric Administration
operations, research, and facilities
For an additional amount for ``Operations, Research, and
Facilities'' for necessary expenses related to the consequences of
hurricanes and of wildfires in calendar years 2020 and 2021,
$92,834,000, to remain available until September 30, 2023, as follows:
(1) $4,709,000 for repair and replacement of observing
assets, real property, and equipment;
(2) $3,425,000 for marine debris assessment and removal;
(3) $4,700,000 for mapping, charting, and geodesy services;
(4) $35,000,000 to improve: (A) hurricane intensity and
track forecasting, including through deployment of unmanned
ocean observing platforms and enhanced data assimilation;
and(B) precipitation and flood prediction, forecasting, and
mitigation capabilities;
(5) $20,000,000 to improve wildfire research, prediction,
detection, forecasting, monitoring, data management, and
communication and engagement; and
(6) $25,000,000 for Title IX Fund grants as authorized
under section 906(c) of division O of Public Law 114-113:
Provided, That the National Oceanic and Atmospheric Administration
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate within 45 days after the date
of enactment of this Act.
procurement, acquisition and construction
For an additional amount for ``Procurement, Acquisition and
Construction'' for necessary expenses related to the consequences of
hurricanes and of wildfires in calendar years 2020 and 2021,
$52,205,000, to remain available until September 30, 2024, as follows:
(1) $2,205,000 for repair and replacement of observing
assets, real property, and equipment; and
(2) $50,000,000 for improvements to operational and
research weather and climate supercomputing and dissemination
infrastructure, observing assets, and satellites, along with
associated ground systems, used for hurricane intensity and
track prediction; precipitation and flood prediction,
forecasting, and mitigation; and wildfire research, prediction,
detection, forecasting, and monitoring:
Provided, That the National Oceanic and Atmospheric Administration
shall submit a spending plan to the Committees on Appropriations of the
House of Representatives and the Senate within 45 days after the date
of enactment of this Act.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster Assistance'' for
necessary expenses associated with the mitigation of fishery disasters,
$200,000,000, to remain available until expended: Provided, That such
funds shall be used for mitigating the effects of commercial fishery
failures and fishery resource disasters declared by the Secretary of
Commerce, including those declared by the Secretary to be a direct
result of hurricanes in calendar years 2020 and 2021.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
(including transfer of funds)
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair at National Aeronautics and
Space Administration facilities damaged by Hurricanes Zeta and Ida,
$321,400,000, to remain available until expended: Provided, That up to
15 percent of such amount may be transferred to ``Exploration'' for
necessary expenses related to flight hardware, tooling, production and
schedule delays caused by Hurricane Ida: Provided further, That except
as provided in the preceding proviso, the amounts appropriated under
this heading in this Act shall not be available for transfer under any
transfer authority provided for the National Aeronautics and Space
Administration in an appropriation Act for fiscal year 2022.
National Science Foundation
major research equipment and facilities construction
For an additional amount for ``Major Research Equipment and
Facilities Construction'' for necessary expenses related to the
National Science Foundation Regional Class Research Vessel construction
impacted by Hurricane Ida, $25,000,000, to remain available until
expended.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to the
consequences of hurricanes, wildfires, other extreme weather, and
earthquakes that occurred during calendar years 2020 and 2021,
$40,000,000, to remain available until September 30, 2022: Provided,
That none of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited by,
or contrary to any of the provisions of, sections 501, 502, 503, 504,
505, and 506 of Public Law 105-119, and all funds appropriated in this
Act to the Legal Services Corporation shall be subject to the same
terms and conditions set forth in such sections, except that all
references in sections 502 and 503 to 1997 and 1998 shall be deemed to
refer instead to 2021 and 2022, respectively, and except that sections
501 and 503 of Public Law 104-134 (referenced by Public Law 105-119)
shall not apply to the amount made available under this heading:
Provided further, That, for the purposes of this Act, the Legal
Services Corporation shall be considered an agency of the United
States.
TITLE III
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE--MILITARY
OPERATION AND MAINTENANCE
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$565,000,000, to remain available until September 30, 2022, for
necessary expenses related to the consequences of severe storms,
straight-line winds, flooding, tornadoes, earthquakes, wildfires, and
hurricanes occurring in calendar years 2020 and 2021.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $330,000,000, to remain available until September 30, 2022,
for necessary expenses related to the consequences of Winter Storm Uri
occurring in calendar year 2021.
GENERAL PROVISION--THIS TITLE
Sec. 1301. Notwithstanding any other provision of law, funds
provided by this title shall only be for the purposes specified, and
shall not be subject to any transfer authority provided by law.
TITLE IV
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
investigations
For an additional amount for ``Investigations'' for necessary
expenses related to the completion, or initiation and completion, of
flood and storm damage reduction, including shore protection, studies
that are currently authorized or that are authorized after the date of
enactment of this Act, to reduce risk from future floods and
hurricanes, at full Federal expense, $100,000,000, to remain available
until expended: Provided, That funds made available under this heading
in this Act shall be for high-priority studies of projects in States
with a major disaster declared due to Hurricane Ida pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) in fiscal year 2021: Provided further, That the
Assistant Secretary of the Army for Civil Works shall provide a monthly
report directly to the Committees on Appropriations of the House of
Representatives and the Senate detailing the allocation and obligation
of these funds, including new studies selected to be initiated using
funds provided under this heading in this Act, beginning not later than
60 days after the date of enactment of this Act.
construction
For an additional amount for ``Construction'' for necessary
expenses, $3,000,000,000, to remain available until expended, to
construct flood and storm damage reduction, including shore protection,
projects that are currently authorized or that are authorized after the
date of enactment of this Act, and flood and storm damage reduction,
including shore protection, projects that have signed Chief's Reports
as of the date of enactment of this Act or that are studied using funds
provided under the heading ``Investigations'' if the Secretary
determines such projects to be technically feasible, economically
justified, and environmentally acceptable: Provided, That of such
amount, $1,500,000,000 shall be available for such projects in States
with a major disaster declared due to Hurricane Ida pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) in fiscal year 2021: Provided further, That the
provisions of section 902 of the Water Resources Development Act of
1986 shall not apply to the construction of projects, including initial
construction or periodic nourishment, completed using funding under
this heading in this Act: Provided further, That the completion of
ongoing construction projects receiving funding provided under this
heading in this Act shall be at full Federal expense with respect to
such funds: Provided further, That for any projects using funding
provided under this heading in this Act, the non-Federal cash
contribution for projects other than ongoing construction projects
shall be financed in accordance with the provisions of section 103(k)
of Public Law 99-662 over a period of 30 years from the date of
completion of the project or separable element: Provided further, That
up to $65,000,000 of the amounts made available under this heading in
this Act shall be used for continuing authorities projects to reduce
the risk of flooding and storm damage: Provided further, That any
projects using funding appropriated under this heading in this Act
shall be initiated only after non-Federal interests have entered into
binding agreements with the Secretary requiring, where applicable, the
non-Federal interests to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs of the project and to
hold and save the United States free from damages due to the
construction or operation and maintenance of the project, except for
damages due to the fault or negligence of the United States or its
contractors: Provided further, That of the amounts made available
under this heading in this Act, such sums as are necessary to cover the
Federal share of construction costs for facilities under the Dredged
Material Disposal Facilities Program shall be derived from the general
fund of the Treasury: Provided further, That the Assistant Secretary
of the Army for Civil Works shall provide a monthly report directly to
the Committees on Appropriations of the House of Representatives and
the Senate detailing the allocation and obligation of these funds,
beginning not later than 60 days after the date of enactment of this
Act.
mississippi river and tributaries
For an additional amount for ``Mississippi River and Tributaries''
for necessary expenses to address emergency situations at Corps of
Engineers projects, and to construct, and rehabilitate and repair
damages to Corps of Engineers projects, caused by natural disasters,
$868,000,000, to remain available until expended: Provided, That of
the amounts made available under this heading in this Act, such sums as
are necessary to cover the Federal share of eligible operation and
maintenance costs for coastal harbors and channels, and for inland
harbors shall be derived from the general fund of the Treasury:
Provided further, That of the amounts made available under this heading
in this Act, $500,000,000 shall be available to construct flood and
storm damage reduction projects that are currently authorized or that
are authorized after the date of enactment of this Act in States with a
major disaster declared due to Hurricane Ida pursuant to the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) in fiscal year 2021: Provided further, That the provisions of
section 902 of the Water Resources Development Act of 1986 shall not
apply to the construction of projects, including initial construction
or periodic nourishment, completed using funding under this heading in
this Act: Provided further, That to the extent that ongoing
construction projects are constructed using funding provided under this
heading in this Act, such construction shall be at full Federal
expense: Provided further, That for any projects using funding
provided under this heading in this Act, the non-Federal cash
contribution for projects other than ongoing construction projects
shall be financed in accordance with the provisions of section 103(k)
of Public Law 99-662 over a period of 30 years from the date of
completion of the project or separable element: Provided further, That
any projects using funding appropriated under this heading in this Act
shall be initiated only after non-Federal interests have entered into
binding agreements with the Secretary requiring, where applicable, the
non-Federal interests to pay 100 percent of the operation, maintenance,
repair, replacement, and rehabilitation costs of the project and to
hold and save the United States free from damages due to the
construction or operation and maintenance of the project, except for
damages due to the fault or negligence of the United States or its
contractors: Provided further, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report directly to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds,
beginning not later than 60 days after the date of enactment of this
Act.
operation and maintenance
For an additional amount for ``Operation and Maintenance'' for
necessary expenses to dredge Federal navigation projects in response
to, and repair damages to Corps of Engineers Federal projects caused
by, natural disasters, $887,000,000, to remain available until
expended, of which such sums as are necessary to cover the Federal
share of eligible operation and maintenance costs for coastal harbors
and channels, and for inland harbors shall be derived from the general
fund of the Treasury: Provided, That the Assistant Secretary of the
Army for Civil Works shall provide a monthly report directly to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds,
beginning not later than 60 days after the date of enactment of this
Act.
flood control and coastal emergencies
For an additional amount for ``Flood Control and Coastal
Emergencies'', as authorized by section 5 of the Act of August 18, 1941
(33 U.S.C. 701n), for necessary expenses to prepare for flood,
hurricane and other natural disasters and support emergency operations,
repairs, and other activities in response to such disasters, as
authorized by law, $826,000,000, to remain available until expended:
Provided, That funding utilized for authorized shore protection
projects shall restore such projects to the full project profile at
full Federal expense: Provided further, That the Assistant Secretary
of the Army for Civil Works shall provide a monthly report directly to
the Committees on Appropriations of the House of Representatives and
the Senate detailing the allocation and obligation of these funds,
beginning not later than 60 days after the date of enactment of this
Act.
expenses
For an additional amount for ``Expenses'' for necessary expenses to
administer and oversee the obligation and expenditure of amounts
provided in this Act for the Corps of Engineers, $30,000,000, to remain
available until expended: Provided, That the Assistant Secretary of
the Army for Civil Works shall provide a monthly report directly to the
Committees on Appropriations of the House of Representatives and the
Senate detailing the allocation and obligation of these funds,
beginning not later than 60 days after the date of enactment of this
Act.
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For an additional amount for ``Central Utah Project Completion
Account'', $10,000,000 to be deposited into the Utah Reclamation
Mitigation and Conservation Account for use by the Utah Reclamation
Mitigation and Conservation Commission, to remain available until
expended, for expenses necessary in carrying out fire remediation
activities for wildfires.
Bureau of Reclamation
water and related resources
For an additional amount for ``Water and Related Resources'',
$210,000,000, to remain available until expended: Provided, That of
such amount, $200,000,000 shall be available for activities to address
drought, as determined by the Secretary of the Interior: Provided
further, That of the amount made available under this heading in this
Act, $10,000,000 shall be for fire remediation and suppression
emergency assistance related to wildfires: Provided further, That the
Commissioner shall provide a monthly report directly to the Committees
on Appropriations of the House of Representatives and the Senate
detailing the allocation and obligation of these funds, beginning not
later than 60 days after the date of enactment of this Act.
DEPARTMENT OF ENERGY
Energy Programs
strategic petroleum reserve
For an additional amount for ``Strategic Petroleum Reserve'',
$43,300,000, to remain available until expended, for necessary expenses
related to damages caused by natural disasters.
TITLE V
INDEPENDENT AGENCIES
Small Business Administration
disaster loans program account
(including transfer of funds)
For an additional amount for ``Disaster Loans Program Account'' for
the cost of direct loans authorized by section 7(b) of the Small
Business Act, $1,189,100,000, to remain available until expended:
Provided, That up to $620,000,000 may be transferred to and merged with
``Salaries and Expenses'' for administrative expenses to carry out the
disaster loan program authorized by section 7(b) of the Small Business
Act.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
Federal Emergency Management Agency
federal assistance
For an additional amount for ``Federal Assistance'', $50,000,000,
to remain available until September 30, 2022, for emergency management
performance grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title 6, United
States Code, and Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
GENERAL PROVISION--THIS TITLE
Sec. 1601. (a) Repayments of the remaining balances of all loans,
as of September 30, 2021, by the Federal Emergency Management Agency
under section 417 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5184) are hereby cancelled.
(b) Of the unobligated balances available to the Department of
Homeland Security for ``Federal Emergency Management Agency--Disaster
Relief Fund'', such sums as are necessary may be transferred to the
Disaster Assistance Direct Loan Program Account for carrying out
subsection (a).
(c) Each amount repurposed or transferred by this section that was
previously designated by the Congress as an emergency requirement or as
being for disaster relief pursuant to the Balanced Budget and Emergency
Deficit Control Act of 1985 or a concurrent resolution on the budget is
designated by the Congress as an emergency requirement pursuant to
section 4001(a)(1) and section 4001(b), or as being for disaster relief
pursuant to section 4004(b)(6) and section 4005(f), respectively, of S.
Con. Res. 14 (117th Congress), the concurrent resolution on the budget
for fiscal year 2022.
TITLE VII
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For an additional amount for ``Management of Lands and Resources'',
$1,192,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2019, 2020, and 2021
wildfires, hurricanes and other natural disasters.
United States Fish and Wildlife Service
construction
For an additional amount for ``Construction'', $58,227,000, to
remain available until expended, for necessary expenses related to the
consequences of calendar year 2019, 2020, and 2021 wildfires,
hurricanes and other natural disasters.
National Park Service
construction
For an additional amount for ``Construction'', $229,472,000, to
remain available until expended, for necessary expenses related to the
consequences of calendar year 2019, 2020, and 2021 wildfires,
hurricanes and other natural disasters.
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $26,284,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2019,
2020, and 2021 wildfires, hurricanes and other natural disasters.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For an additional amount for ``Offshore Safety and Environmental
Enforcement'', $223,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2019,
2020 and 2021 wildfires, hurricanes and natural disasters.
Bureau of Indian Affairs
construction
For an additional amount for ``Construction'', $452,000, to remain
available until expended, for necessary expenses related to the
consequences of calendar year 2019, 2020, and 2021 wildfires,
hurricanes and other natural disasters.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$100,000,000, to remain available until expended, for necessary
expenses related to wildfires: Provided, That of the amounts provided
under this heading in this Act, $55,000,000 shall be for hazardous
fuels management activities: Provided further, That of the amounts
provided under this heading in this Act, $45,000,000, shall be for
burned area recovery.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest service operations
For an additional amount for ``Forest Service Operations'',
$105,000,000, to remain available until expended, for necessary
expenses related to the consequences of calendar year 2019, 2020, and
2021 wildfires, hurricanes and other natural disasters.
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$25,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2019, 2020, and 2021
wildfires, hurricanes and other natural disasters for the forest
inventory and analysis program.
state and private forestry
For an additional amount for ``State and Private Forestry'',
$50,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2019, 2020, and 2021
wildfires, hurricanes and other natural disasters.
national forest system
For an additional amount for ``National Forest System'',
$710,000,000, to remain available until expended: Provided, That of
the amounts provided under this heading in this Act, $535,000,000 shall
be for necessary expenses related to the consequences of calendar year
2019, 2020, and 2021 wildfires, hurricanes and other natural disasters,
including no less than $175,000,000 for high priority post-wildfire
restoration for watershed protection, critical habitat, and burned area
recovery: Provided further, That of the amounts provided under this
heading in this Act, $175,000,000 shall be for hazardous fuels
mitigation.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $470,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2019,
2020, and 2021 wildfires, hurricanes and other natural disasters.
GENERAL PROVISION--THIS TITLE
Sec. 1701. (a)(1) If services performed by the designated employees
under paragraph (2) of this subsection at the Department of the
Interior or the Department of Agriculture during 2021 are determined by
the Secretary of the Interior or the Secretary of Agriculture, as
applicable, to be primarily related to emergency wildland fire
suppression activities, any premium pay for such services shall be
disregarded in calculating the aggregate of such employee's basic pay
and premium pay for purposes of a limitation under section 5547(a) of
title 5, United States Code, or under any other provision of law,
whether such employee's pay is paid on a biweekly or calendar year
basis. Any services during 2021 that generate payments payable in 2022
shall be disregarded in applying this subsection.
(2) The premium pay waiver under paragraph (1) of this subsection
shall apply to individuals serving as wildland firefighters and as fire
management response officials, including regional fire directors,
deputy regional fire directors, agency officials who directly oversee
fire operations, and fire management officers, and individuals serving
on incident management teams (IMTs), at the National Interagency Fire
Center (NIFC), at Geographic Area Coordinating Centers (GACCs), and at
Operations centers.
(3) The Departments of the Interior and Agriculture shall provide a
report to Congress detailing the number of positions, including by
occupation, grade, and the aggregate pay by type of pay for each
individual who receives pay authorized under subsection (a)(1).
(b) Any overtime pay for services described in subsection (a) that
is payable under an authority outside of title 5, United States Code,
shall be disregarded in calculating any annual limit on the amount of
overtime pay payable in 2021.
(c) Any pay that is disregarded under either subsection (a) or (b)
shall be disregarded in calculating such employee's aggregate pay for
purposes of applying the limitation in section 5307 of title 5, United
States Code, during 2021.
(d)(1) Pay that is disregarded under subsection (a) or (b) shall
not cause the aggregate of the employee's basic pay and premium pay for
the applicable calendar year to exceed the rate of basic pay payable
for a position at level II of the Executive Schedule under section 5313
of title 5, United States Code, as in effect at the end of such
calendar year.
(2) For purposes of applying this subsection to an employee who
would otherwise be subject to the premium pay limits established under
section 5547 of title 5, United States Code, ``premium pay'' means the
premium pay paid under the provisions of law cited in section 5547(a).
(3) For purposes of applying this subsection to an employee under a
premium pay limit established under an authority other than section
5547 of title 5, United States Code, the agency responsible for
administering such limit shall determine what payments are considered
premium pay.
(4) For the purpose of applying this subsection, ``basic pay''
includes any applicable locality-based comparability payment under
section 5304 of title 5, United States Code, any applicable special
rate supplement under section 5305 of such title, or any equivalent
payment under a similar provision of law.
(e) This section shall take effect as if enacted on January 1,
2021.
(f) If application of this section results in the payment of
additional premium pay to a covered employee of a type that is normally
creditable as basic pay for retirement or any other purpose, that
additional pay shall not--
(1) be considered to be basic pay of the covered employee
for any purpose; or
(2) be used in computing a lump-sum payment to the covered
employee for accumulated and accrued annual leave under section
5551 or section 5552 of title 5, United States Code, or other
similar provision of law.
(g) Not later than 45 days after the date of enactment of this Act,
the Secretary of the Interior and Secretary of Agriculture shall
jointly provide to the Committees on Appropriations of the House of
Representatives and the Senate, the Senate Committee on Agriculture
Nutrition and Forestry, the House of Representatives Committee on
Agriculture, the Senate Committee on Energy and Natural Resources, the
House of Representatives Committee on Natural Resources, Senate
Committee on Homeland Security and Governmental Affairs, and the House
of Representatives Committee on Oversight and Reform, a framework to
modernize the wildland firefighting workforce beginning in fiscal year
2022.
TITLE VIII
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
facilities and equipment
For an additional amount for ``Facilities and Equipment'',
$100,000,000, to remain available until September 30, 2024, for
necessary expenses related to the consequences of Hurricane Ida.
Federal Highway Administration
emergency relief program
For an additional amount for the ``Emergency Relief Program'' as
authorized under section 125 of title 23, United States Code,
$2,600,000,000, to remain available until expended.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$5,000,000,000, to remain available until expended, for necessary
expenses for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to
disaster relief, long-term recovery, restoration of infrastructure and
housing, economic revitalization, and mitigation, in the most impacted
and distressed areas resulting from a major disaster that occurred in
2020 or 2021 pursuant to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5121 et seq.): Provided, That
amounts made available under this heading in this Act shall be awarded
directly to the State, unit of general local government, or Indian
tribe (as such term is defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) at the discretion
of the Secretary: Provided further, That the Secretary shall allocate,
using the best available data, an amount equal to the total estimate
for unmet needs for qualifying disasters under this heading in this
Act: Provided further, That any final allocation for the total
estimate for unmet need made available under the preceding proviso
shall include an additional amount of 15 percent of such estimate for
additional mitigation: Provided further, That of the amounts made
available under this heading in this Act, no less than $1,610,000,000
shall be allocated for major declared disasters that occurred in 2020
within 30 days of the date of enactment of this Act: Provided further,
That the Secretary shall not prohibit the use of amounts made available
under this heading in this Act for non-Federal share as authorized by
section 105(a)(9) of the Housing and Community Development Act of 1974
(42 U.S.C. 5305(a)(9)): Provided further, That of the amounts made
available under this heading in this Act, grantees may establish grant
programs to assist small businesses for working capital purposes to aid
in recovery: Provided further, That as a condition of drawing funds
for any activity other than general administration, the Secretary shall
certify in advance that such grantee has in place proficient financial
controls and procurement processes and has established adequate
procedures to prevent any duplication of benefits as defined by section
312 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5155), to ensure timely expenditure of funds, to
maintain comprehensive websites regarding all disaster recovery
activities assisted with amounts made available under this heading in
this Act, and to detect and prevent waste, fraud, and abuse of funds:
Provided further, That with respect to any such duplication of
benefits, the Secretary shall act in accordance with section 1210 of
Public Law 115-254 (132 Stat. 3442) and section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155):
Provided further, That the Secretary shall require grantees to
maintain on a public website information containing common reporting
criteria established by the Department that permits individuals and
entities awaiting assistance and the general public to see how all
grant funds are used, including copies of all relevant procurement
documents, including grantee administrative contracts and details of
ongoing procurement processes, as determined by the Secretary:
Provided further, That prior to the obligation of funds a grantee shall
submit a plan to the Secretary for approval detailing the proposed use
of all funds, including criteria for eligibility and how the use of
these funds will address long-term recovery and restoration of
infrastructure and housing, economic revitalization, and mitigation in
the most impacted and distressed areas: Provided further, That such
funds may not be used for activities reimbursable by, or for which
funds are made available by, the Federal Emergency Management Agency or
the Army Corps of Engineers: Provided further, That funds allocated
under this heading in this Act shall not be considered relevant to the
non-disaster formula allocations made pursuant to section 106 of the
Housing and Community Development Act of 1974 (42 U.S.C. 5306):
Provided further, That a State, unit of general local government, or
Indian tribe may use up to 5 percent of its allocation for
administrative costs related to a major disaster under this heading in
this Act and for the same purposes in prior and future Acts and such
amounts shall be available for any eligible administrative costs
without regard to a particular disaster: Provided further, That in
administering the amounts made available under this heading in this
Act, the Secretary of Housing and Urban Development may waive, or
specify alternative requirements for, any provision of any statute or
regulation that the Secretary administers in connection with the
obligation by the Secretary or the use by the recipient of these funds
(except for requirements related to fair housing, nondiscrimination,
labor standards, and the environment), if the Secretary finds that good
cause exists for the waiver or alternative requirement and such waiver
or alternative requirement would not be inconsistent with the overall
purpose of title I of the Housing and Community Development Act of
1974: Provided further, That, notwithstanding the preceding proviso,
recipients of funds provided under this heading in this Act that use
such funds to supplement Federal assistance provided under section 402,
403, 404, 406, 407, 408(c)(4), or 502 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.)
may adopt, without review or public comment, any environmental review,
approval, or permit performed by a Federal agency, and such adoption
shall satisfy the responsibilities of the recipient with respect to
such environmental review, approval or permit: Provided further, That,
notwithstanding section 104(g)(2) of the Housing and Community
Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary or a
State may, upon receipt of a request for release of funds and
certification, immediately approve the release of funds for an activity
or project assisted under this heading in this Act if the recipient has
adopted an environmental review, approval or permit under the preceding
proviso or the activity or project is categorically excluded from
review under the National Environmental Policy Act of 1969 (42 U.S.C.
4321 et seq.): Provided further, That the Secretary shall publish via
notice in the Federal Register or on the website of the Department any
waiver, or alternative requirement, to any statute or regulation that
the Secretary administers pursuant to title I of the Housing and
Community Development Act of 1974 no later than 5 days before the
effective date of such waiver or alternative requirement: Provided
further, That the Secretary is authorized to approve the use of amounts
made available under this heading in this Act or a prior or future Act
for activities authorized under title I of the Housing and Community
Development Act of 1974 (42 U.S.C. 5301 et seq.) related to unmet
recovery needs in the most impacted and distressed areas resulting from
a major disaster in this Act or in a prior or future Act to be used
interchangeably and without limitation for the same activities in the
most impacted and distressed areas resulting from other major disasters
assisted under this Act or a prior or future Act when such areas
overlap and when the use of the funds will address unmet recovery needs
of both disasters: Provided further, That, until the Secretary
publishes a Federal Register Notice establishing the requirements for
the previous proviso, grantees that received grants under the same
heading for 2017, 2018 or 2019 disasters may submit for approval
revised plans for the use of funds related to those major disasters to
expand the eligible beneficiaries of existing programs contained in
such previously approved plans to include those impacted by disasters
in 2020 or 2021: Provided further, That of the amounts made available
under this heading in this Act, up to $7,000,000 shall be made
available for capacity building and technical assistance, including
assistance on contracting and procurement, to support States, units of
general local government, or Indian tribes, and subrecipients that
receive allocations for disaster recovery pursuant to the authority
under this heading in this Act and allocations for disaster recovery in
any prior or future Acts: Provided further, That of the amounts made
available under this heading in this Act, up to $5,500,000 shall be
transferred to ``Department of Housing and Urban Development--Program
Office Salaries and Expenses--Community Planning and Development'' for
necessary costs, including information technology costs, of
administering and overseeing the obligation and expenditure of amounts
made available under the heading ``Community Development Fund'' in this
Act or any prior or future Act that makes amounts available for
purposes related to major disasters under such heading.
TITLE IX
GENERAL PROVISIONS--THIS ACT
Sec. 1901. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 1902. 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. 1903. 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 2022.
Sec. 1904. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
This division may be cited as the ``Disaster Relief Supplemental
Appropriations Act, 2022''.
DIVISION C--AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT, 2022
The following sums are appropriated, out of any money in the
Treasury not otherwise appropriated, for the fiscal year ending
September 30, 2022, and for other purposes, namely:
TITLE I
DEPARTMENT OF JUSTICE
Federal Bureau of Investigation
SALARIES AND EXPENSES
For an additional amount for ``Salaries and Expenses'',
$50,000,000, to remain available until September 30, 2022, for
investigative activities associated with Afghan resettlement
operations.
TITLE II
DEPARTMENT OF DEFENSE
OPERATION AND MAINTENANCE
Overseas Humanitarian, Disaster, and Civic Aid
For an additional amount for ``Overseas Humanitarian, Disaster, and
Civic Aid'', $2,200,000,000, to remain available until September 30,
2023, for support of Operation Allies Welcome by the Department of
Defense.
GENERAL PROVISIONS--THIS TITLE
Sec. 2201. Not later than 30 days after the date of enactment of
this Act, and every 30 days thereafter through fiscal year 2022, the
Secretary of Defense shall provide a written report to the
congressional defense committees describing the execution of funds
provided in this title, including the amounts obligated and expended,
in total and since the previous report; the nature of the costs
incurred or services provided by such funds; and any reimbursements or
funds transferred by another Federal agency to the Department of
Defense which relates to the purpose of the funds provided by this
title.
Sec. 2202. Notwithstanding any other provision of law, funds
provided by this title shall only be for the purposes specified, and
shall not be subject to any transfer authority provided by law.
Sec. 2203. The Inspector General of the Department of Defense
shall carry out reviews of the activities of the Department of Defense
to transport and care for Afghans, including but not limited to, the
humane treatment and living conditions of Afghans at any Department of
Defense facility; the use of funds by the Department of Defense to
support such persons, including the monitoring of potential waste,
fraud, or abuse of such funds; and any related issues that the
Inspector General may direct: Provided, That the Inspector General
shall provide to the congressional defense committees periodic updates
on such oversight efforts and a written report to such committees not
later than 60 days after the date of enactment of this Act.
Sec. 2204. Title IX of division C of Public Law 116-260 is amended
under the heading ``Afghanistan Security Forces Fund'' by inserting the
following before the penultimate proviso: ``Provided further, That the
Secretary of Defense may obligate and expend funds made available under
this heading for costs associated with the termination of contracts
previously funded with amounts provided under this heading in prior
Acts, and to pay valid invoices in satisfaction of liabilities under
such contracts for which the applicable prior appropriation cannot be
identified:''.
Sec. 2205. Not later than 90 days after the date of enactment of
this Act, the Secretary of Defense, in consultation with the Service
Secretaries and the Commander of United States Central Command, shall
submit to the congressional defense committees a report regarding the
disposition of United States property, equipment, and supplies,
including property, equipment, and supplies provided to the Afghanistan
National Security Forces, which were destroyed, taken out of
Afghanistan, or remain in Afghanistan in connection with the United
States military withdrawal: Provided, That such report shall include
information on the future plans of the Department of Defense regarding
any such items.
TITLE III
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Centers for Disease Control and Prevention
cdc-wide activities and program support
For an additional amount for ``CDC-Wide Activities and Program
Support'', $21,500,000, for support of Operation Allies Welcome, to
remain available until September 30, 2022, for medical support,
screening, and other related public health activities related to Afghan
arrivals and refugees.
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$1,680,000,000, to remain available until September 30, 2023, for
support of Operation Allies Welcome for carrying out refugee and
entrant assistance activities in support of citizens or nationals of
Afghanistan paroled into the United States under section 212(d)(5) of
the Immigration and Nationality Act and citizens or nationals of
Afghanistan for whom such refugee and entrant assistance activities are
authorized: Provided, That amounts made available under this heading
in this Act may be used for grants or contracts with qualified
nonprofit organizations to provide culturally and linguistically
appropriate services, including wrap-around services during temporary
housing and after resettlement, housing assistance, medical assistance,
legal assistance, and case management assistance: Provided further,
That the Director of the Office of Refugee Resettlement, in carrying
out section 412(c)(1)(A) of the Immigration and Nationality Act with
amounts made available under this heading in this Act, may allocate
such amounts among the States in a manner that accounts for the most
current data available.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $7,773,000, to remain available until September 30, 2022,
for support of Operation Allies Welcome for necessary administrative
expenses to carry out refugee and entrant assistance activities in
support of citizens or nationals of Afghanistan.
GENERAL PROVISION--THIS TITLE
Sec. 2301. (a) Not later than 45 days after the date of enactment
of this Act, the Secretary of Health and Human Services, the Secretary
of State, and the Secretary of Homeland Security shall jointly submit a
strategy on Afghan evacuee resettlement to the appropriate
congressional committees and leadership describing agency roles and
responsibilities, vetting, immigration status of each Afghan, and
anticipated costs associated with implementing such strategy.
(b) Definition of Afghan Evacuee.--In this section, the term
``Afghan evacuee'' means a person whose evacuation from Afghanistan to
the United States, or a location overseas controlled by the United
States, was facilitated by the United States as part of Operation
Allies Refuge.
TITLE IV
DEPARTMENT OF STATE
Administration of Foreign Affairs
emergencies in the diplomatic and consular service
For an additional amount for ``Emergencies in the Diplomatic and
Consular Service'', $276,900,000, to remain available until expended,
for support for Operation Allies Welcome and related efforts by the
Department of State, including additional relocations of individuals at
risk as a result of the situation in Afghanistan and related expenses,
and to reimburse the account under this heading in prior acts making
appropriations for the Department of State, foreign operations, and
related programs for obligations previously incurred.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$400,000,000, to remain available until expended, to address
humanitarian needs in Afghanistan and the region impacted by the
situation in Afghanistan.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'',
$415,000,000, to remain available until expended, to address
humanitarian needs in, and to assist refugees from, Afghanistan.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $1,076,100,000, to remain available until
expended, notwithstanding section 2(c)(2) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)(2)), of which $976,100,000 is
for support for Operation Allies Welcome and related efforts by the
Department of State, including additional relocations of individuals at
risk as a result of the situation in Afghanistan and related expenses,
and $100,000,000 is to respond to other unexpected and urgent
humanitarian emergencies.
GENERAL PROVISIONS--THIS TITLE
Sec. 2401. During fiscal years 2022 and 2023, notwithstanding any
applicable restrictions on the ability of the Department of State and
the United States Agency for International Development to enter into
personal services contracts, including section 704 of the Financial
Services and General Government Appropriations Act, 2021 (division E of
Public Law 116-260) as continued by section 101 of division A of this
Act (and any successor provision in a subsequently enacted
appropriations Act), the authorities of section 2(c) of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2669(c)), section
636(a)(3) of the Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)(3)),
and section 5(a)(6) of the Migration and Refugee Assistance Act of 1962
(22 U.S.C. 2605(a)(6)) may be exercised, without regard to the
geographic limitations referenced therein, particularly to enter into,
extend, and maintain contracts with individuals who have served as
locally employed staff of the United States mission in Afghanistan.
Sec. 2402. The Secretary of State, in consultation with the
Administrator of the United States Agency for International
Development, shall submit to the Committees on Appropriations, not
later than 45 days after the date of enactment of this Act, a report on
the proposed uses of funds appropriated by this title under the
headings ``Emergencies in the Diplomatic and Consular Service'' and
``United States Emergency Refugee and Migration Assistance Fund'', by
program, project, and activity, for which the obligation of funds is
anticipated: Provided, That such report shall be updated (including
any changes in proposed uses from the initial plan) and submitted to
the Committees on Appropriations every 45 days until September 30,
2023.
Sec. 2403. Not later than 45 days after the date of enactment of
this Act, the Secretary of State, in consultation with the Secretary of
Homeland Security and the heads of other relevant Federal agencies,
shall submit to the Committees on Appropriations a report on the status
of the Priority 2 (P-2) designation granting United States Refugee
Admissions Program (USRAP) access for certain at risk Afghan nationals
and their eligible family members that was announced by the Department
of State on August 2, 2021: Provided, That such report shall include
the approximate number of Afghan nationals and their eligible family
members who have been referred to the program, the number of Afghan
nationals who have contacted a Resettlement Support Center to begin
processing of their P-2 referral, the estimated time for processing
such applications, an assessment of the obstacles facing P-2 eligible
individuals seeking to leave Afghanistan, and a plan for augmenting
personnel needed for refugee processing or humanitarian parole:
Provided further, That such report shall be submitted in unclassified
form, but may be accompanied by a classified annex.
Sec. 2404. None of the funds appropriated in this title and made
available for assistance for Afghanistan may be made available for
direct assistance to the Taliban.
TITLE V
GENERAL PROVISIONS--THIS ACT
Sec. 2501. In addition to amounts otherwise made available, there
is appropriated for ``U.S. Citizenship and Immigration Services--
Immigration Examination Fee Account'', $193,000,000, to remain
available until expended, for necessary expenses in support of
Operation Allies Welcome, to be deposited and used as provided in
section 286(n) of the Immigration and Nationality Act (8 U.S.C.
1356(n)): Provided, That such amounts shall be in addition to any
other amounts made available for such purposes and shall not be
construed to require any reduction of any fee described in section
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
Provided further, That amounts provided in this section shall only be
for the purposes specified, and notwithstanding any other provision of
law are not available for non-expenditure transfer or reprogramming:
Provided further, That within 15 days of the date of enactment of this
Act, U.S. Citizenship and Immigration Services shall provide to the
Committees on Appropriations and the Committees on the Judiciary of the
Senate and the House of Representatives an expenditure plan for the
funds provided under this paragraph, and every 30 days thereafter shall
provide updated execution data to such Committees for such funds:
Provided further, That the reporting requirement in the previous
proviso shall end on September 30, 2026.
Sec. 2502. (a) In General.--Notwithstanding any other provision of
law, a citizen or national of Afghanistan (or a person with no
nationality who last habitually resided in Afghanistan) shall be
eligible for the benefits described in subsections (b) and (c) if--
(1) such individual completed security and law enforcement
background checks to the satisfaction of the Secretary of
Homeland Security and was subsequently--
(A) paroled into the United States between July 31,
2021, and September 30, 2022; or
(B) paroled into the United States after September
30, 2022, and--
(i) is the spouse or child (as such term is
defined under section 101(b) of the Immigration
and Nationality Act (8 U.S.C. 1101(b)) of an
individual described in subparagraph (A); or
(ii) is the parent or legal guardian of an
individual described in subparagraph (A) who is
determined to be an unaccompanied child under 6
U.S.C. 279(g)(2); and
(2) such individual's parole has not been terminated by the
Secretary of Homeland Security.
(b) Benefits.--An individual described in subsection (a) shall be
eligible for--
(1) resettlement assistance, entitlement programs, and
other benefits available to refugees admitted under section 207
of the Immigration and Nationality Act (8 U.S.C. 1157) until
March 31, 2023; and
(2) services described under section 412(d)(2) of the
Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject
to subparagraph (B) of such section, if such individual is an
unaccompanied alien child as defined under 6 U.S.C. 279(g)(2).
(c) Expeditious Adjudication of Asylum Applications.--With respect
to an application for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) filed by an individual described in
subsection (a)--
(1) the initial interview on the asylum application shall
occur not later than 15 days after the date on which an
application is filed; and
(2) in the absence of exceptional circumstances, final
administrative adjudication of the asylum application, not
including administrative appeal, shall be completed within 150
days after the date an application is filed.
(d) Clarification.--Notwithstanding any other provision of law,
nothing in this Act shall be interpreted to--
(1) preclude an individual described in subsection (a),
from applying for or receiving any immigration benefits to
which such individual is otherwise entitled; or
(2) entitle a person described in subsection (a) to
adjustment of status to lawful permanent resident; or
(3) preclude a person described in subsection (a) from
applying for a driver's license or identification card for
which they are eligible under state law.
(e) Report.--Not later than 120 days after the date of enactment of
this Act, and every 3 months thereafter, the Secretary of Homeland
Security, in consultation with the Secretary of Defense and the
Secretary of State, shall submit a report to Congress detailing the
number individuals described in subsection (a); the number of
individuals receiving benefits in subsection (b), including their
eligibility for benefits as refugees notwithstanding this Act; and any
other information deemed relevant by the Secretary.
reporting requirement
Sec. 2503.
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, and quarterly thereafter through
September 30, 2023, the Secretary of Homeland Security, in
coordination with the head of any other applicable Federal
agency, shall submit to Congress a report that includes the
elements described in paragraph (2).
(2) Elements.--The report required by paragraph (1) shall
include the following:
(A) A summary of the status of Afghan evacuees,
including--
(i) the number of the Afghan evacuees
present in the United States, located at
overseas bases of the United States Armed
Forces, or located in third countries who are
not located at such a base including--
(I) the number who are U.S. lawful
permanent residents;
(II) the number who are Special
Immigrant Visa holders;
(III) the number who are Special
Immigrant Visa applicants;
(IV) the number who are in
possession of a valid nonimmigrant visa
to enter the United States;
(V) the number who are employees of
a U.S. Government agency;
(VI) the number who are employees
of a U.S. funded partner organization,
media, or non-profit;
(VII) the number of Priority 1
refugee referrals;
(VIII) the number of Priority 2
refugee referrals;
(IX) the number who have been
relocated from the United States to a
third country, and the country to which
they were relocated; and
(X) the number who do not fall into
any of the above categories.
(ii) the number of Afghan evacuees at
overseas bases or other official staging areas
who have been flagged as potential security
concerns or risks or included on the United
States no-fly list and who were therefore
denied clearance to enter the United States;
(iii) the number of the Afghan evacuees who
have been paroled into the United States--
(I) the number whose parole was
terminated; and
(II) the number whose parole has
been extended; and
(B) The number of Afghan evacuees who have been
interviewed by U.S. Citizenship and Immigration
Services in connection with an application or petition
for immigration benefits, including--
(i) the number of such interviews conducted
since the United States withdrawal;
(ii) the rate at which individuals were
granted or refused the benefits that formed the
basis for such interviews;
(iii) the number of individuals who did not
appear at a scheduled interview; and
(iv) a description of the procedures for
screening for and detecting child marriage,
human trafficking, gender-based violence, and
marriages entered into or relationships as
fiancee or fiance claimed for the sole purpose
of securing evacuation.
(C) For each Federal department and agency involved
in Operation Allies Welcome--
(i) as of the date of the report, the costs
incurred; and
(ii) an identification of the source of
appropriated or other funds used to fund the
effort.
(3) Definition of afghan evacuee.--In this section, the
term ``Afghan evacuee'' means a person whose evacuation from
Afghanistan to the United States, or a location overseas
controlled by the United States, was facilitated by the United
States as part of Operation Allies Refuge.
Sec. 2504. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 2505. 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. 2506. 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 2022.
Sec. 2507. Each amount provided by this division is designated by
the Congress as being for an emergency requirement pursuant to section
4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
This division may be cited as the ``Afghanistan Supplemental
Appropriations Act, 2022''.
DIVISION D--OTHER MATTERS
TITLE I--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
SEC. 3101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR
NATIONAL DISASTER MEDICAL SYSTEM.
Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C.
300hh-11(c)(4)(B)) is amended by striking ``September 30, 2021'' and
inserting ``December 3, 2021''.
SEC. 3102. EXTENDING CERTAIN WAIVER AUTHORITIES.
(a) 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, 2021'' and inserting ``June 30, 2022: Provided, That
such waivers shall only apply to school year 2021-2022''.
(b) Funding.--There are hereby appropriated, out of any funds in
the Treasury not otherwise appropriated, such sums as may be necessary
to carry out this section.
SEC. 3103. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENTS.
Section 3014(a) of title 18, United States Code, is amended by
striking ``September 30, 2021'' and inserting ``December 31, 2021''.
SEC. 3104. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED
SUBSTANCES.
Effective as if included in the enactment of the Temporary
Reauthorization and Study of the Emergency Scheduling of Fentanyl
Analogues Act (Public Law 116-114), section 2 of such Act (as amended
by Public Law 117-12) is amended by striking ``October 22, 2021'' and
inserting ``January 28, 2022''.
SEC. 3105. EXTENDING THE INCREASED FEDERAL MEDICAL ASSISTANCE
PERCENTAGE FOR TERRITORIES.
(a) In General.--Section 1905(ff) of the Social Security Act (42
U.S.C. 1396d(ff)) is amended--
(1) in paragraph (2), by striking ``September 30, 2021''
and inserting ``December 3, 2021'' ; and
(2) in paragraph (3), by striking ``September 30, 2021''
and inserting ``December 3, 2021''.
(b) GAO Review.--Not later than November 15, 2021, the Comptroller
General of the United States shall review the determination of the
allotment for Puerto Rico for fiscal year 2022 under section 1108(g) of
the Social Security Act (42 U.S.C. 1308(g)), and include in the review
the legal opinion of the Comptroller General on the most plausible
plain reading of how such fiscal year 2022 allotment level should be
calculated.
SEC. 3106. MEDICARE IMPROVEMENT FUND.
Section 1898(b)(1) of the Social Security Act (42 U.S.C.
1395iii(b)(1)) is amended by striking ``$165,000,000'' and inserting
``$69,000,000''.
TITLE II--BUDGETARY EFFECTS
SEC. 3201. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on either PAYGO scorecard maintained
pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this
division shall not be entered on any PAYGO scorecard maintained for
purposes of section 4106 of H. Con. Res. 71 (115th Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division
shall not be estimated--
(1) for purposes of section 251 of such Act;
(2) for purposes of an allocation to the Committee on
Appropriations pursuant to section 302(a) of the Congressional
Budget Act of 1974; and
(3) 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.
Calendar No. 135
117th CONGRESS
1st Session
S. 2789
_______________________________________________________________________
A BILL
Making continuing appropriations for the fiscal year ending September
30, 2022, and for providing emergency assistance, and for other
purposes.
_______________________________________________________________________
September 22, 2021
Read the second time and placed on the calendar