[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