[Congressional Record Volume 167, Number 170 (Wednesday, September 29, 2021)]
[Senate]
[Pages S6788-S6798]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3830. Mr. LEAHY submitted an amendment intended to be proposed by
him to the bill H.R. 5305, making continuing appropriations for the
fiscal year ending September 30, 2022, and for providing emergency
assistance, and for other purposes; which was ordered to lie on the
table; as follows:
Strike all after the enacting clause and insert the
following:
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
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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 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
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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) 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 13
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
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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 Adininistration--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.
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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.
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
Non-insured 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
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
[[Page S6793]]
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
[[Page S6794]]
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: Provied, 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.
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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
[[Page S6796]]
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, notwith-
standing 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
[[Page S6797]]
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 non-profit 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 Examinations 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, or the term of parole granted under
subsection (a), whichever is later;
(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); and
(3) a driver's license or identification card under section
202 of the REAL ID Act of 2005 (division B of Public Law 109-
13; 49 U.S.C. 30301 note), notwithstanding subsection
(c)(2)(B) of such Act.
(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
[[Page S6798]]
(a), the Secretary of Homeland Security shall--
(1) conduct the initial interview on the asylum application
not later than 45 days after the date on which the
application is filed; and
(2) in the absence of exceptional circumstances, issue a
final administrative adjudication on the asylum application
within 150 days after the date the 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 eligible; or
(2) entitle a person described in subsection (a) to lawful
permanent resident status.
(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 of 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. (a) 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 subsection (b).
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A summary of the status of Afghan evacuees, including--
(A) 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;
(B) 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; and
(C) 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.
(2) 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--
(A) the number of such interviews conducted since the
United States withdrawal;
(B) the rate at which individuals were granted or refused
the benefits that formed the basis for such interviews;
(C) the number of individuals who did not appear at a
scheduled interview; and
(D) 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.
(3) For each Federal department and agency involved in
Operation Allies Welcome--
(A) as of the date of the report, the costs incurred; and
(B) an identification of the source of appropriated or
other funds used to fund the effort.
(c) 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)(l) 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-ll(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 ASSESSMENT.
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.
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