[117th Congress Public Law 43]
[From the U.S. Government Publishing Office]
[[Page 343]]
EXTENDING GOVERNMENT FUNDING AND DELIVERING EMERGENCY ASSISTANCE ACT
[[Page 135 STAT. 344]]
Public Law 117-43
117th Congress
An Act
Making continuing appropriations for the fiscal year ending September
30, 2022, and for providing emergency assistance, and for other
purposes. <<NOTE: Sept. 30, 2021 - [H.R. 5305]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Extending
Government Funding and Delivering Emergency Assistance Act.>>
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. <<NOTE: 1 USC 1 note.>> 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 <<NOTE: Continuing Appropriations Act, 2022.>> --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
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(division A of Public Law 116-260), except section 799D, and
including title IV of division O of Public Law 116-260.
(2) The Commerce, Justice, Science, and Related Agencies
Appropriations Act, 2021 (division B of Public Law 116-260),
except the proviso in section 541 and sections 542 and 543.
(3) The Department of Defense Appropriations Act, 2021
(division C of Public Law 116-260).
(4) The Energy and Water Development and Related Agencies
Appropriations Act, 2021 (division D of Public Law 116-260),
except the last proviso under the heading ``Department of
Energy--Energy Programs--Science'', the last two provisos under
the heading ``Department of Energy--Energy Programs--Title 17
Innovative Technology Loan Guarantee Program'', and the two
provisos under the heading ``Department of Energy--Energy
Programs--Advanced Technology Vehicles Manufacturing Loan
Program''.
(5) The Financial Services and General Government
Appropriations Act, 2021 (division E of Public Law 116-260),
except the matter under the heading ``Presidential Transition
Administrative Support'' in title II, the matter under the
heading ``General Services Administration--Expenses,
Presidential Transition'' in title V, the proviso and the amount
specified in such proviso under the heading ``District of
Columbia--Federal Funds--Federal Payment for Emergency Planning
and Security Costs in the District of Columbia'' in title IV,
and title IX.
(6) The Department of Homeland Security Appropriations Act,
2021 (division F of Public Law 116-260), except section 538, and
including sections 101 through 103 and section 105 of title I of
division O of Public Law 116-260.
(7) The Department of the Interior, Environment, and Related
Agencies Appropriations Act, 2021 (division G of Public Law 116-
260).
(8) The Departments of Labor, Health and Human Services, and
Education, and Related Agencies Appropriations Act, 2021
(division H of Public Law 116-260), except sections 118 and 533.
(9) The Legislative Branch Appropriations Act, 2021
(division I of Public Law 116-260), except sections 211 and 213,
and including section 7 of Public Law 116-260.
(10) The Military Construction, Veterans Affairs, and
Related Agencies Appropriations Act, 2021 (division J of Public
Law 116-260), except sections 514, 515, and 517.
(11) The Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2021 (division K of Public
Law 116-260), except title IX other than sections 9001 and 9002
and the matter preceding the first proviso and the first proviso
under the heading ``Consular and Border Security Programs''.
(12) The Transportation, Housing and Urban Development, and
Related Agencies Appropriations Act, 2021 (division L of Public
Law 116-260), except sections 420 and 421.
Sec. 102. (a) No appropriation or funds made available or authority
granted pursuant to section 101 for the Department of Defense shall be
used for:
(1) the new production of items not funded for production in
fiscal year 2021 or prior years;
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(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) <<NOTE: Expiration date.>> December 3, 2021.
Sec. 107. Expenditures made pursuant to this Act shall be charged
to the applicable appropriation, fund, or authorization whenever a bill
in which such applicable appropriation, fund, or authorization is
contained is enacted into law.
Sec. 108. Appropriations made and funds made available by or
authority granted pursuant to this Act may be used without regard to the
time limitations for submission and approval of apportionments set forth
in section 1513 of title 31, United States Code, but nothing in this Act
may be construed to waive any other provision of law governing the
apportionment of funds.
Sec. 109. Notwithstanding any other provision of this Act, except
section 106, for those programs that would otherwise have high initial
rates of operation or complete distribution of appropriations at the
beginning of fiscal year 2022 because of distributions of funding to
States, foreign countries, grantees, or others, such high initial rates
of operation or complete distribution shall not be made, and no grants
shall be awarded for such programs funded by this Act that would impinge
on final funding prerogatives.
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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) <<NOTE: Extensions.>> 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) <<NOTE: Deadline.>> 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) <<NOTE: Effective date.>> This section shall become effective
immediately upon enactment of this Act, and shall remain in effect
through the date in section 106(3).
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Sec. 115. <<NOTE: Rescissions. Extensions.>> (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) <<NOTE: Deadline. List.>> 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, <<NOTE: Updates.>> 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) <<NOTE: Voucher.>> 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) <<NOTE: Apportionment.>> 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).
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Sec. 119. Notwithstanding sections 102 and 104, in addition to
amounts otherwise provided by section 101, amounts are provided to the
Department of Defense for ``Procurement--Other Procurement, Air Force''
at a rate for operations of $885,000,000, for the procurement of
equipment for the Strategic Microelectronic Supply program, and such
amounts may be apportioned up to the rate for operations necessary to
carry out such procurements.
Sec. 120. Amounts made available by section 101 to the Department
of Defense for ``Procurement--Procurement, Defense-Wide'' may be
apportioned up to the rate for operations necessary for the procurement
of Military Global Positioning System User Equipment Increment 1
Application Specific Integrated Circuits.
Sec. 121. Notwithstanding sections 102 and 104, amounts made
available by section 101 to the Department of Defense for ``Research,
Development, Test and Evaluation--Research, Development, Test and
Evaluation, Air Force'' may be apportioned up to the rate of operations
necessary for the acquisition of real property by the United States
Government.
Sec. 122. During the period covered by this Act, the limitation at
section 2208(l)(3) of title 10, United States Code, shall not apply with
respect to advance billing for orders for relief efforts related to the
COVID-19 pandemic.
Sec. 123. <<NOTE: Recommenda- tions.>> (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
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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. <<NOTE: Applicability.>> (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. <<NOTE: Applicability.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: Apportionment.>> 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. <<NOTE: Applicability.>> 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''.
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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, <<NOTE: Expenditure plan. Reports.>> 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. <<NOTE: Apportionment.>> 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. <<NOTE: Applicability.>> (a) Sections 1309(a) and 1319 of
the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026)
shall be applied by substituting the date specified in section 106(3) of
this Act for ``September 30, 2021''.
(b) <<NOTE: Effective date.>> 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, <<NOTE: Applicability.>> That
the Commission sunset provision in section 804(j) of division B of H.R.
5666 (Appendix D), as amended, as enacted into law by section 1(a)(4) of
Public Law 106- 554, shall be applied by substituting the date specified
in section 106(3) of this Act for ``September 30, 2021'': Provided
further, <<NOTE: Extension.>> 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.
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Sec. 136. <<NOTE: Allocations.>> Notwithstanding subsection
(c)(2)(B) of section 200303 of title 54, United States Codes, during the
period covered by this Act amounts made available from the Land and
Water Conservation Fund for fiscal year 2022 pursuant to subsection (a)
of such section of such title shall be allocated by the Secretary of the
Interior or the Secretary of Agriculture, as appropriate, only for the
following agencies and accounts, for the purposes specified, and in the
amounts specified multiplied by the percentage of fiscal year 2022
covered by this Act:
(1) ``Department of the Interior--Bureau of Land
Management--Land Acquisition'', $7,500,000, for Acquisition
Management;
(2) ``Department of the Interior--United States Fish and
Wildlife Service--Land Acquisition'', $17,000,000, for Land
Acquisition Management;
(3) ``Department of the Interior--National Park Service--
Land Acquisition and State Assistance'', $14,500,000, for
Acquisition Management;
(4) ``Department of the Interior--Office of the Secretary--
Departmental Operations'', $19,000,000, for Management Services,
Appraisal and Valuation Service Offices-Federal Lands;
(5) ``Department of Agriculture--Forest Service--State and
Private Forestry'', $6,400,000, for Administrative Funds; and
(6) ``Department of Agriculture--Forest Service--Land
Acquisition'', $12,000,000, for Acquisition Management.
Sec. 137. <<NOTE: Apportionments.>> (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) <<NOTE: Time periods. Determination.>> 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) <<NOTE: Effective dates.>> Subject to paragraph (2), this
section shall become effective immediately upon enactment of this Act.
[[Page 135 STAT. 353]]
(2) <<NOTE: Applicability.>> 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. <<NOTE: Apportionment.>> 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. <<NOTE: Reports.>> 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, <<NOTE: Deadline. Plan. Timeline.>> 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. <<NOTE: Apportionment.>> 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. <<NOTE: Time period. Reports. Refugees.>> 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.
[[Page 135 STAT. 354]]
Sec. 144. <<NOTE: Reports. Public information. Web posting.>> 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. <<NOTE: List. Refugees.>> 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, <<NOTE: Updates. Deadline. Time period.>> That the report
shall be updated every 30 days throughout fiscal year 2022.
Sec. 145. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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;
[[Page 135 STAT. 355]]
(2) ``Departmental Administration--Board of Veterans
Appeals'', up to $5,800,000; and
(3) ``Departmental Administration--Information Technology
Systems'', up to $9,700,000:
Provided, That the transferred amounts shall be used, in addition to
any other amounts available for such purposes, for personnel costs and
other expenses to implement the interim final rule entitled
``Presumptive Service Connection for Respiratory Conditions Due to
Exposure to Particulate Matter'', published on August 5, 2021 (86 FR
42724), and any revisions to such rule.
Sec. 152. <<NOTE: Apportionment.>> 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. <<NOTE: Extension.>> Section 21009 of the Coronavirus Aid,
Relief, and Economic Security Act (Public Law 116-136) shall continue in
effect through the date specified in section 106(3) of this Act.
Sec. 154. Amounts made available by section 101 to the United
States International Development Finance Corporation for ``Corporate
Capital Account'' and paid to the ``Program Account'' shall be available
for the costs of modifying loans and loan guarantees transferred to the
Corporation pursuant to section 1463 of the BUILD Act of 2018 (division
F of Public Law 115-254): Provided, That such costs shall be as defined
in section 502 of the Congressional Budget Act of 1974.
Sec. 155. <<NOTE: Applicabilty.>> 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. <<NOTE: Apportionment.>> 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. <<NOTE: Apportionment.>> 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-- <<NOTE: Disaster Relief Supplemental Appropriations Act,
2022.>> 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:
[[Page 135 STAT. 356]]
TITLE I
DEPARTMENT OF AGRICULTURE
AGRICULTURAL PROGRAMS
Processing, Research and Marketing
office of the secretary
For <<NOTE: Determination.>> 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, <<NOTE: Grapes. Determination.>> 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, <<NOTE: Eligibility.>> 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, <<NOTE: Determination.>> 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, <<NOTE: Payments. Determination.>> 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, <<NOTE: Payments.>> 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
[[Page 135 STAT. 357]]
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 <<NOTE: Determination.>> 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, <<NOTE: Applicability.>> 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, <<NOTE: Determination.>> That the total amount of payments
received under this heading in this Act and applicable policies of crop
insurance under the Federal Crop Insurance Act (7 U.S.C. 1501 et seq.)
or the Noninsured Crop Disaster Assistance Program (NAP) under section
196 of the Federal Agriculture Improvement and Reform Act of 1996 (7
U.S.C. 7333) (minus any premiums or fees paid for such coverages) shall
not exceed 90 percent of the loss as determined by the Secretary:
Provided further, <<NOTE: Determination.>> 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 <<NOTE: Determinations. Requirement. Time period.>> producers
receiving payments under this heading in this Act, as determined by the
Secretary, shall be required to purchase crop insurance where crop
insurance is available for the next two available crop years and
producers receiving payments under this heading in this Act shall be
required to purchase coverage under NAP where crop insurance is not
available in the next two available crop years, as determined by the
Secretary: Provided further, <<NOTE: Reports.>> 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.
[[Page 135 STAT. 358]]
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, <<NOTE: Spending plan. Deadline.>> 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:
[[Page 135 STAT. 359]]
Provided, <<NOTE: Spending plan. Deadline.>> That the National
Oceanic and Atmospheric Administration shall submit a spending plan to
the Committees on Appropriations of the House of Representatives and the
Senate within 45 days after the date of enactment of this Act.
fisheries disaster assistance
For an additional amount for ``Fisheries Disaster Assistance'' for
necessary expenses associated with the mitigation of fishery disasters,
$200,000,000, to remain available until expended: Provided, That such
funds shall be used for mitigating the effects of commercial fishery
failures and fishery resource disasters declared by the Secretary of
Commerce, including those declared by the Secretary to be a direct
result of hurricanes in calendar years 2020 and 2021.
SCIENCE
National Aeronautics and Space Administration
construction and environmental compliance and restoration
(including transfer of funds)
For an additional amount for ``Construction and Environmental
Compliance and Restoration'' for repair at National Aeronautics and
Space Administration facilities damaged by Hurricanes Zeta and Ida,
$321,400,000, to remain available until expended: Provided, That up to
15 percent of such amount may be transferred to ``Exploration'' for
necessary expenses related to flight hardware, tooling, production and
schedule delays caused by Hurricane Ida: Provided further, That except
as provided in the preceding proviso, the amounts appropriated under
this heading in this Act shall not be available for transfer under any
transfer authority provided for the National Aeronautics and Space
Administration in an appropriation Act for fiscal year 2022.
National Science Foundation
major research equipment and facilities construction
For an additional amount for ``Major Research Equipment and
Facilities Construction'' for necessary expenses related to the National
Science Foundation Regional Class Research Vessel construction impacted
by Hurricane Ida, $25,000,000, to remain available until expended.
RELATED AGENCIES
Legal Services Corporation
payment to the legal services corporation
For an additional amount for ``Payment to the Legal Services
Corporation'' to carry out the purposes of the Legal Services
Corporation Act by providing for necessary expenses related to the
consequences of hurricanes, wildfires, other extreme weather, and
earthquakes that occurred during calendar years 2020 and 2021,
[[Page 135 STAT. 360]]
$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
[[Page 135 STAT. 361]]
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, <<NOTE: Reports. Allocation.>> 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 <<NOTE: Determination.>> 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, <<NOTE: Time
period.>> 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, <<NOTE: Contracts.>> 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
[[Page 135 STAT. 362]]
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 <<NOTE: Reports. Allocation.>> 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, <<NOTE: Time period.>> 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, <<NOTE: Contracts.>> 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, <<NOTE: Reports. Allocation.>> 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.
[[Page 135 STAT. 363]]
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, <<NOTE: Reports. Allocation.>> 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, <<NOTE: Reports. Allocation.>> 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, <<NOTE: Reports. Allocation.>> 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.
[[Page 135 STAT. 364]]
Bureau of Reclamation
water and related resources
For <<NOTE: Determination.>> 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, <<NOTE: Reports. Allocation.>> 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
[[Page 135 STAT. 365]]
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. <<NOTE: Loan cancellations. 42 USC 5184 note.>> (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.
[[Page 135 STAT. 366]]
United States Geological Survey
surveys, investigations, and research
For an additional amount for ``Surveys, Investigations, and
Research'', $26,284,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2019,
2020, and 2021 wildfires, hurricanes and other natural disasters.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
For an additional amount for ``Offshore Safety and Environmental
Enforcement'', $223,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2019,
2020 and 2021 wildfires, hurricanes and natural disasters.
Bureau of Indian Affairs
construction
For an additional amount for ``Construction'', $452,000, to remain
available until expended, for necessary expenses related to the
consequences of calendar year 2019, 2020, and 2021 wildfires, hurricanes
and other natural disasters.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(including transfer of funds)
For an additional amount for ``Wildland Fire Management'',
$100,000,000, to remain available until expended, for necessary expenses
related to wildfires: Provided, That of the amounts provided under this
heading in this Act, $55,000,000 shall be for hazardous fuels management
activities: Provided further, That of the amounts provided under this
heading in this Act, $45,000,000, shall be for burned area recovery.
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest service operations
For an additional amount for ``Forest Service Operations'',
$105,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2019, 2020, and 2021
wildfires, hurricanes and other natural disasters.
[[Page 135 STAT. 367]]
forest and rangeland research
For an additional amount for ``Forest and Rangeland Research'',
$25,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2019, 2020, and 2021
wildfires, hurricanes and other natural disasters for the forest
inventory and analysis program.
state and private forestry
For an additional amount for ``State and Private Forestry'',
$50,000,000, to remain available until expended, for necessary expenses
related to the consequences of calendar year 2019, 2020, and 2021
wildfires, hurricanes and other natural disasters.
national forest system
For an additional amount for ``National Forest System'',
$710,000,000, to remain available until expended: Provided, That of the
amounts provided under this heading in this Act, $535,000,000 shall be
for necessary expenses related to the consequences of calendar year
2019, 2020, and 2021 wildfires, hurricanes and other natural disasters,
including no less than $175,000,000 for high priority post-wildfire
restoration for watershed protection, critical habitat, and burned area
recovery: Provided further, That of the amounts provided under this
heading in this Act, $175,000,000 shall be for hazardous fuels
mitigation.
capital improvement and maintenance
For an additional amount for ``Capital Improvement and
Maintenance'', $470,000,000, to remain available until expended, for
necessary expenses related to the consequences of calendar year 2019,
2020, and 2021 wildfires, hurricanes and other natural disasters.
GENERAL PROVISION--THIS TITLE
Sec. 1701. <<NOTE: Determinations. Applicability. Wages. Waiver. 5
USC 5547 note.>> (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
[[Page 135 STAT. 368]]
Interagency Fire Center (NIFC), at Geographic Area Coordinating Centers
(GACCs), and at Operations centers.
(3) <<NOTE: Reports. Employee positions.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Effective date.>> 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) <<NOTE: Deadline. Effective date.>> 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
[[Page 135 STAT. 369]]
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, <<NOTE: Allocation.>> 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, <<NOTE: Deadline.>> 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
[[Page 135 STAT. 370]]
Development Act of 1974 (42 U.S.C. 5305(a)(9)): Provided further,
That <<NOTE: Grants.>> 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, <<NOTE: Requirement. Public information. Web
posting. Records. Contracts. Determination.>> 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, <<NOTE: Plan. Criteria.>> That prior to
the obligation of funds a grantee shall submit a plan to the Secretary
for approval detailing the proposed use of all funds, including criteria
for eligibility and how the use of these funds will address long-term
recovery and restoration of infrastructure and housing, economic
revitalization, and mitigation in the most impacted and distressed
areas: Provided further, That such funds may not be used for activities
reimbursable by, or for which funds are made available by, the Federal
Emergency Management Agency or the Army Corps of Engineers: Provided
further, That funds allocated under this heading in this Act shall not
be considered relevant to the non-disaster formula allocations made
pursuant to section 106 of the Housing and Community Development Act of
1974 (42 U.S.C. 5306): Provided further, <<NOTE: 42 USC 5322
note.>> 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, <<NOTE: Waiver
authority. Requirement.>> That in administering the amounts made
available under this heading in this Act, the Secretary of Housing and
Urban Development may waive, or specify alternative requirements for,
any provision of any statute or regulation that the Secretary
administers in connection with the obligation by the Secretary or the
use by the recipient of these funds (except for requirements related to
fair housing, nondiscrimination, labor standards, and the environment),
if the Secretary finds that good cause exists for the waiver or
alternative requirement and such waiver or alternative requirement would
not be inconsistent with the overall purpose of title I of the Housing
and Community Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds provided
under this heading in this Act that use such funds
[[Page 135 STAT. 371]]
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 <<NOTE: Notice. Federal Register, publication. Web
posting. Waiver. Requirement. Deadline.>> 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, <<NOTE: 42 USC 5301 note.>> 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, <<NOTE: Plans.>> 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.
[[Page 135 STAT. 372]]
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-- <<NOTE: Afghanistan Supplemental Appropriations Act,
2022.>> 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. <<NOTE: Reports.>> Not later than 30 days after the date
of enactment of this Act, and every 30 days thereafter through fiscal
year 2022,
[[Page 135 STAT. 373]]
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. <<NOTE: Reviews.>> 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, <<NOTE: Updates. Reports.>> 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 <<NOTE: 134 Stat. 1341.>> under the heading ``Afghanistan
Security Forces Fund'' by inserting the following before the penultimate
proviso: ``Provided further, <<NOTE: Contracts.>> 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. <<NOTE: Consultation. Reports.>> 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.
[[Page 135 STAT. 374]]
Administration for Children and Families
refugee and entrant assistance
For an additional amount for ``Refugee and Entrant Assistance'',
$1,680,000,000, to remain available until September 30, 2023, for
support of Operation Allies Welcome for carrying out refugee and entrant
assistance activities in support of citizens or nationals of Afghanistan
paroled into the United States under section 212(d)(5) of the
Immigration and Nationality Act and citizens or nationals of Afghanistan
for whom such refugee and entrant assistance activities are authorized:
Provided, That amounts made available under this heading in this Act may
be used for grants or contracts with qualified nonprofit organizations
to provide culturally and linguistically appropriate services, including
wrap-around services during temporary housing and after resettlement,
housing assistance, medical assistance, legal assistance, and case
management assistance: Provided further, That the Director of the
Office of Refugee Resettlement, in carrying out section 412(c)(1)(A) of
the Immigration and Nationality Act with amounts made available under
this heading in this Act, may allocate such amounts among the States in
a manner that accounts for the most current data available.
children and families services programs
For an additional amount for ``Children and Families Services
Programs'', $7,773,000, to remain available until September 30, 2022,
for support of Operation Allies Welcome for necessary administrative
expenses to carry out refugee and entrant assistance activities in
support of citizens or nationals of Afghanistan.
GENERAL PROVISION--THIS TITLE
Sec. 2301. <<NOTE: Deadline. Strategy.>> (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
[[Page 135 STAT. 375]]
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. <<NOTE: Time period. Contracts.>> 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.
[[Page 135 STAT. 376]]
Sec. 2402. <<NOTE: Consultation. Reports.>> 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, <<NOTE: Updates.>> 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. <<NOTE: Reports. Consultation.>> 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. <<NOTE: Taliban.>> 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, <<NOTE: Deadlines. Expenditure plan. Updates. Data.>> 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
[[Page 135 STAT. 377]]
to such Committees for such funds: Provided
further, <<NOTE: Termination date.>> That the reporting requirement in
the previous proviso shall end on September 30, 2026.
Sec. 2502. <<NOTE: Eligibility. 8 USC 1101 note.>> (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) <<NOTE: Time period.>> paroled into the United
States between July 31, 2021, and September 30, 2022; or
(B) <<NOTE: Effective date.>> 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) <<NOTE: Expiration date.>> 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 (a), the Secretary of Homeland Security shall--
(1) <<NOTE: Deadlines.>> 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
[[Page 135 STAT. 378]]
(2) entitle a person described in subsection (a) to lawful
permanent resident status.
(e) <<NOTE: Time period. Consultation.>> 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. <<NOTE: Coordination. Time period. Reports.>> (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) <<NOTE: Summary.>> 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.
[[Page 135 STAT. 379]]
(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)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the
concurrent resolution on the budget for fiscal year 2022.
This division may be cited as the ``Afghanistan Supplemental
Appropriations Act, 2022''.
DIVISION D--OTHER MATTERS
TITLE I--EXTENSIONS, TECHNICAL CORRECTIONS, AND OTHER MATTERS
SEC. 3101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINTMENTS FOR
NATIONAL DISASTER MEDICAL SYSTEM.
Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C.
300hh-11(c)(4)(B)) is amended by striking ``September 30, 2021'' and
inserting ``December 3, 2021''.
[[Page 135 STAT. 380]]
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, <<NOTE: Waiver authority. Time period.>> 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 <<NOTE: Effective date.>> 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) <<NOTE: Ante, p. 264.>> 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) <<NOTE: Deadline. Allotment. Puerto Rico.>> 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
[[Page 135 STAT. 381]]
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.
Approved September 30, 2021.
LEGISLATIVE HISTORY--H.R. 5305:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 167 (2021):
Sept. 21, considered and passed House.
Sept. 30, considered and passed Senate, amended. House
concurred in Senate amendment.
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