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SUB: House CR without debt extension (including technical changes)
September 28, 2021 (11:06 a.m.)
September 28, 2021 (11:06 a.m.)
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AMENDMENT NO. llll Calendar No. lll
Purpose: In the nature of a substitute.
IN THE SENATE OF THE UNITED STATES–117th Cong., 1st Sess.
H.R. 5305
Making continuing appropriations for the fiscal year ending
September 30, 2022, and for providing emergency assist-
ance, and for other purposes.
Referred to the Committee on llllllllll and
ordered to be printed
Ordered to lie on the table and to be printed
AMENDMENT IN THE N ATURE OF A SUBSTITUTE intended
to be proposed by lllllll
Viz:
Strike all after the enacting clause and insert the fol- 1
lowing: 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ”Extending Government 4
Funding and Delivering Emergency Assistance Act”. 5
SEC. 2. TABLE OF CONTENTS. 6
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
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DIVISION D–OTHER MATTERS
Title I–Extensions, Technical Corrections, and Other Matters
Title II–Budgetary Effects
SEC. 3. REFERENCES. 1
Except as expressly provided otherwise, any reference 2
to ”this Act” contained in any division of this Act shall 3
be treated as referring only to the provisions of that divi- 4
sion. 5
DIVISION A–CONTINUING 6
APPROPRIATIONS ACT, 2022 7
The following sums are hereby appropriated, out of 8
any money in the Treasury not otherwise appropriated, 9
and out of applicable corporate or other revenues, receipts, 10
and funds, for the several departments, agencies, corpora- 11
tions, and other organizational units of Government for 12
fiscal year 2022, and for other purposes, namely: 13
SEC . 101. Such amounts as may be necessary, at a 14
rate for operations as provided in the applicable appro- 15
priations Acts for fiscal year 2021 and under the authority 16
and conditions provided in such Acts, for continuing 17
projects or activities (including the costs of direct loans 18
and loan guarantees) that are not otherwise specifically 19
provided for in this Act, that were conducted in fiscal year 20
2021, and for which appropriations, funds, or other au- 21
thority were made available in the following appropriations 22
Acts: 23
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(1) The Agriculture, Rural Development, Food 1
and Drug Administration, and Related Agencies Ap- 2
propriations Act, 2021 (division A of Public Law 3
116-260), except section 799D, and including title 4
IV of division O of Public Law 116-260. 5
(2) The Commerce, Justice, Science, and Re- 6
lated Agencies Appropriations Act, 2021 (division B 7
of Public Law 116-260), except the proviso in sec- 8
tion 541 and sections 542 and 543. 9
(3) The Department of Defense Appropriations 10
Act, 2021 (division C of Public Law 116-260). 11
(4) The Energy and Water Development and 12
Related Agencies Appropriations Act, 2021 (division 13
D of Public Law 116-260), except the last proviso 14
under the heading ”Department of Energy–Energy 15
Programs–Science”, the last two provisos under the 16
heading ”Department of Energy–Energy Pro- 17
grams–Title 17 Innovative Technology Loan Guar- 18
antee Program”, and the two provisos under the 19
heading ”Department of Energy–Energy Pro- 20
grams–Advanced Technology Vehicles Manufac- 21
turing Loan Program”. 22
(5) The Financial Services and General Govern- 23
ment Appropriations Act, 2021 (division E of Public 24
Law 116-260), except the matter under the heading 25
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”Presidential Transition Administrative Support” in 1
title II, the matter under the heading ”General 2
Services Administration–Expenses, Presidential 3
Transition” in title V, the proviso and the amount 4
specified in such proviso under the heading ”District 5
of Columbia–Federal Funds–Federal Payment for 6
Emergency Planning and Security Costs in the Dis- 7
trict of Columbia” in title IV, and title IX. 8
(6) The Department of Homeland Security Ap- 9
propriations Act, 2021 (division F of Public Law 10
116-260), except section 538, and including sections 11
101 through 103 and section 105 of title I of divi- 12
sion O of Public Law 116-260. 13
(7) The Department of the Interior, Environ- 14
ment, and Related Agencies Appropriations Act, 15
2021 (division G of Public Law 116-260). 16
(8) The Departments of Labor, Health and 17
Human Services, and Education, and Related Agen- 18
cies Appropriations Act, 2021 (division H of Public 19
Law 116-260), except sections 118 and 533. 20
(9) The Legislative Branch Appropriations Act, 21
2021 (division I of Public Law 116-260), except 22
sections 211 and 213, and including section 7 of 23
Public Law 116-260. 24
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(10) The Military Construction, Veterans Af- 1
fairs, and Related Agencies Appropriations Act, 2
2021 (division J of Public Law 116-260), except 3
sections 514, 515, and 517. 4
(11) The Department of State, Foreign Oper- 5
ations, and Related Programs Appropriations Act, 6
2021 (division K of Public Law 116-260), except 7
title IX other than sections 9001 and 9002 and the 8
matter preceding the first proviso and the first pro- 9
viso under the heading ”Consular and Border Secu- 10
rity Programs”. 11
(12) The Transportation, Housing and Urban 12
Development, and Related Agencies Appropriations 13
Act, 2021 (division L of Public Law 116-260), ex- 14
cept sections 420 and 421. 15
SEC . 102. (a) No appropriation or funds made avail- 16
able or authority granted pursuant to section 101 for the 17
Department of Defense shall be used for: 18
(1) the new production of items not funded for 19
production in fiscal year 2021 or prior years; 20
(2) the increase in production rates above those 21
sustained with fiscal year 2021 funds; or 22
(3) The initiation, resumption, or continuation 23
of any project, activity, operation, or organization 24
(defined as any project, subproject, activity, budget 25
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activity, program element, and subprogram within a 1
program element, and for any investment items de- 2
fined as a P-1 line item in a budget activity within 3
an appropriation account and an R-1 line item that 4
includes a program element and subprogram element 5
within an appropriation account) for which appro- 6
priations, funds, or other authority were not avail- 7
able during fiscal year 2021. 8
(b) No appropriation or funds made available or au- 9
thority granted pursuant to section 101 for the Depart- 10
ment of Defense shall be used to initiate multi-year pro- 11
curements utilizing advance procurement funding for eco- 12
nomic order quantity procurement unless specifically ap- 13
propriated later. 14
SEC . 103. Appropriations made by section 101 shall 15
be available to the extent and in the manner that would 16
be provided by the pertinent appropriations Act. 17
SEC . 104. Except as otherwise provided in section 18
102, no appropriation or funds made available or author- 19
ity granted pursuant to section 101 shall be used to ini- 20
tiate or resume any project or activity for which appro- 21
priations, funds, or other authority were not available dur- 22
ing fiscal year 2021. 23
SEC . 105. Appropriations made and authority grant- 24
ed pursuant to this Act shall cover all obligations or ex- 25
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penditures incurred for any project or activity during the 1
period for which funds or authority for such project or 2
activity are available under this Act. 3
SEC . 106. Unless otherwise provided for in this Act 4
or in the applicable appropriations Act for fiscal year 5
2022, appropriations and funds made available and au- 6
thority granted pursuant to this Act shall be available 7
until whichever of the following first occurs: 8
(1) The enactment into law of an appropriation 9
for any project or activity provided for in this Act. 10
(2) The enactment into law of the applicable 11
appropriations Act for fiscal year 2022 without any 12
provision for such project or activity. 13
(3) December 3, 2021. 14
SEC . 107. Expenditures made pursuant to this Act 15
shall be charged to the applicable appropriation, fund, or 16
authorization whenever a bill in which such applicable ap- 17
propriation, fund, or authorization is contained is enacted 18
into law. 19
SEC . 108. Appropriations made and funds made 20
available by or authority granted pursuant to this Act may 21
be used without regard to the time limitations for submis- 22
sion and approval of apportionments set forth in section 23
1513 of title 31, United States Code, but nothing in this 24
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Act may be construed to waive any other provision of law 1
governing the apportionment of funds. 2
SEC . 109. Notwithstanding any other provision of 3
this Act, except section 106, for those programs that 4
would otherwise have high initial rates of operation or 5
complete distribution of appropriations at the beginning 6
of fiscal year 2022 because of distributions of funding to 7
States, foreign countries, grantees, or others, such high 8
initial rates of operation or complete distribution shall not 9
be made, and no grants shall be awarded for such pro- 10
grams funded by this Act that would impinge on final 11
funding prerogatives. 12
SEC . 110. This Act shall be implemented so that only 13
the most limited funding action of that permitted in the 14
Act shall be taken in order to provide for continuation of 15
projects and activities. 16
SEC . 111. (a) For entitlements and other mandatory 17
payments whose budget authority was provided in appro- 18
priations Acts for fiscal year 2021, and for activities under 19
the Food and Nutrition Act of 2008, activities shall be 20
continued at the rate to maintain program levels under 21
current law, under the authority and conditions provided 22
in the applicable appropriations Act for fiscal year 2021, 23
to be continued through the date specified in section 24
106(3). 25
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(b) Notwithstanding section 106, obligations for man- 1
datory payments due on or about the first day of any 2
month that begins after October 2021 but not later than 3
30 days after the date specified in section 106(3) may con- 4
tinue to be made, and funds shall be available for such 5
payments. 6
SEC . 112. Amounts made available under section 101 7
for civilian personnel compensation and benefits in each 8
department and agency may be apportioned up to the rate 9
for operations necessary to avoid furloughs within such de- 10
partment or agency, consistent with the applicable appro- 11
priations Act for fiscal year 2021, except that such author- 12
ity provided under this section shall not be used until after 13
the department or agency has taken all necessary actions 14
to reduce or defer non-personnel-related administrative ex- 15
penses. 16
SEC . 113. Funds appropriated by this Act may be 17
obligated and expended notwithstanding section 10 of 18
Public Law 91-672 (22 U.S.C. 2412), section 15 of the 19
State Department Basic Authorities Act of 1956 (22 20
U.S.C. 2680), section 313 of the Foreign Relations Au- 21
thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 22
6212), and section 504(a)(1) of the National Security Act 23
of 1947 (50 U.S.C. 3094(a)(1)). 24
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SEC . 114. (a) Each amount incorporated by reference 1
in this Act that was previously designated by the Congress 2
as an emergency requirement pursuant to section 3
251(b)(2)(A) of the Balanced Budget and Emergency 4
Deficit Control Act of 1985 or as being for disaster relief 5
pursuant to section 251(b)(2)(D) of such Act is des- 6
ignated by the Congress as an emergency requirement 7
pursuant to section 4001 of S. Con. Res. 14 (117th Con- 8
gress), the concurrent resolution on the budget for fiscal 9
year 2022, or as being for disaster relief pursuant to sec- 10
tions 4004(b)(6) and 4005(f) of such concurrent resolu- 11
tion, respectively. 12
(b) All references to sections 251(b)(2)(B), 13
251(b)(2)(B)(ii)(III), 251(b)(2)(C), 251(b)(2)(C)(ii), 14
251(b)(2)(E)(ii), 251(b)(2)(E)(i)(II), 251(b)(2)(F), and 15
251(b)(2)(F)(ii)(I) of the Balanced Budget and Emer- 16
gency Deficit Control Act of 1985 (2 U.S.C. 901(b)) shall 17
be treated for each amount incorporated by reference in 18
this Act in the Senate as references to sections 19
4004(b)(1), 4004(b)(1)(B)(i), 4004(b)(3), 4004(b)(3)(B), 20
4004(b)(4), 4004(b)(4)(B), 4004(b)(5), 4004(b)(5)(B), 21
respectively, of S. Con. Res. 14 (117th Congress), the con- 22
current resolution on the budget for fiscal year 2022, and 23
in the House of Representatives as references to sections 24
4005(a), 4005(a)(2)(A), 4005(c), 4005(c)(2), 4005(d), 25
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4005(d)(2), 4005(e), 4005(e)(2)(A), respectively, of such 1
concurrent resolution. 2
(c) This section shall become effective immediately 3
upon enactment of this Act, and shall remain in effect 4
through the date in section 106(3). 5
SEC . 115. (a) Rescissions or cancellations of discre- 6
tionary budget authority that continue pursuant to section 7
101 in Treasury Appropriations Fund Symbols (TAFS)– 8
(1) to which other appropriations are not pro- 9
vided by this Act, but for which there is a current 10
applicable TAFS that does receive an appropriation 11
in this Act; or 12
(2) which are no-year TAFS and receive other 13
appropriations in this Act, 14
may be continued instead by reducing the rate for oper- 15
ations otherwise provided by section 101 for such current 16
applicable TAFS, as long as doing so does not impinge 17
on the final funding prerogatives of the Congress. 18
(b) Rescissions or cancellations described in sub- 19
section (a) shall continue in an amount equal to the lesser 20
of– 21
(1) the amount specified for rescission or can- 22
cellation in the applicable appropriations Act ref- 23
erenced in section 101 of this Act; or 24
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(2) the amount of balances available, as of Oc- 1
tober 1, 2021, from the funds specified for rescission 2
or cancellation in the applicable appropriations Act 3
referenced in section 101 of this Act. 4
(c) No later than November 22, 2021, the Director 5
of the Office of Management and Budget shall provide to 6
the Committees on Appropriations of the House of Rep- 7
resentatives and the Senate a comprehensive list of the 8
rescissions or cancellations that will continue pursuant to 9
section 101: Provided , That the information in such com- 10
prehensive list shall be periodically updated to reflect any 11
subsequent changes in the amount of balances available, 12
as of October 1, 2021, from the funds specified for rescis- 13
sion or cancellation in the applicable appropriations Act 14
referenced in section 101, and such updates shall be trans- 15
mitted to the Committees on Appropriations of the House 16
of Representatives and the Senate upon request. 17
SEC . 116. Amounts made available by section 101 for 18
”Farm Service Agency–Agricultural Credit Insurance 19
Fund Program Account” may be apportioned up to the 20
rate for operations necessary to accommodate approved 21
applications for direct and guaranteed farm ownership 22
loans, as authorized by 7 U.S.C. 1922 et seq. 23
SEC . 117. Notwithstanding section 101, amounts are 24
available to the Department of Agriculture for ”Rural 25
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Business–Cooperative Service–Rural Microentrepreneur 1
Assistance Program” for gross obligations for the prin- 2
cipal amount of direct loans as authorized by section 379E 3
of the Consolidated Farm and Rural Development Act (7 4
U.S.C. 2008s) not to exceed $25,000,000. 5
SEC . 118. (a) In carrying out the Special Supple- 6
mental Nutrition Program for Women, Infants, and Chil- 7
dren for the first quarter of fiscal year 2022, the Secretary 8
of Agriculture shall increase the amount of a cash-value 9
voucher to an amount recommended by the National Acad- 10
emies of Science, Engineering and Medicine and adjusted 11
for inflation for women and children participants. 12
(b) Amounts made available by section 101 to the De- 13
partment of Agriculture for ”Domestic Food Programs- 14
Food and Nutrition Service-Special Supplemental Nutri- 15
tion Program for Women, Infants, and Children (WIC)” 16
shall be apportioned at the rate for operations necessary 17
to accommodate the increase described in subsection (a). 18
SEC . 119. Notwithstanding sections 102 and 104, in 19
addition to amounts otherwise provided by section 101, 20
amounts are provided to the Department of Defense for 21
”Procurement–Other Procurement, Air Force” at a rate 22
for operations of $885,000,000, for the procurement of 23
equipment for the Strategic Microelectronic Supply pro- 24
gram, and such amounts may be apportioned up to the 25
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rate for operations necessary to carry out such procure- 1
ments. 2
SEC . 120. Amounts made available by section 101 to 3
the Department of Defense for ”Procurement–Procure- 4
ment, Defense-Wide” may be apportioned up to the rate 5
for operations necessary for the procurement of Military 6
Global Positioning System User Equipment Increment 1 7
Application Specific Integrated Circuits. 8
SEC . 121. Notwithstanding sections 102 and 104, 9
amounts made available by section 101 to the Department 10
of Defense for ”Research, Development, Test and Evalua- 11
tion–Research, Development, Test and Evaluation, Air 12
Force” may be apportioned up to the rate of operations 13
necessary for the acquisition of real property by the 14
United States Government. 15
SEC . 122. During the period covered by this Act, the 16
limitation at section 2208(l)(3) of title 10, United States 17
Code, shall not apply with respect to advance billing for 18
orders for relief efforts related to the COVID-19 pan- 19
demic. 20
SEC . 123. (a) Funding provided in prior Acts making 21
appropriations for energy and water development and re- 22
lated agencies for fiscal years 2019, 2020, and 2021 under 23
the heading ”Department of the Interior–Bureau of Rec- 24
lamation–Water and Related Resources” for carrying out 25
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section 4007 of Public Law 114-322 shall be made avail- 1
able, in accordance with that section and as recommended 2
by the Secretary in a letter dated July 23, 2021, for the 3
construction, pre-construction, or study of the North-of- 4
the-Delta Off Stream Storage (Sites Reservoir Project), 5
the Los Vaqueros Reservoir Phase 2 Expansion Project, 6
the B.F. Sisk Dam Raise and Reservoir Expansion 7
Project, and the Del Puerto Canyon Reservoir. 8
(b) Funding provided in the Energy and Water De- 9
velopment and Related Agencies Appropriations Act, 2021 10
under the heading ”Department of the Interior–Bureau 11
of Reclamation–Water and Related Resources” for car- 12
rying out section 4009(a) of Public Law 114-322 shall 13
be made available, in accordance with that section and as 14
recommended by the Secretary in a letter dated July 23, 15
2021, for the North Pleasant Valley Desalter Facility, the 16
Mission Basin Groundwater Purification Facility Well Ex- 17
pansion and Brine Minimization Project, the Los Robles 18
Desalter Project, and the Regional Brackish Water Rec- 19
lamation Program. 20
(c) Funding provided in the Energy and Water Devel- 21
opment and Related Agencies Appropriations Act, 2021 22
under the heading ”Department of the Interior–Bureau 23
of Reclamation–Water and Related Resources” for car- 24
rying out section 4009(c) of Public Law 114-322 shall 25
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be made available, in accordance with that section and as 1
recommended by the Secretary in a letter dated July 23, 2
2021, for the El Paso Aquifer Storage and Recovery 3
Using Reclaimed Water Project, the Pure Water Soquel: 4
Groundwater Replenishment and Seawater Intrusion Pre- 5
vention Project, the North San Diego Water Reuse Coali- 6
tion Project, the Pure Water Oceanside Project, the City 7
of Santa Fe Reuse Pipeline Project, the Replenish Big 8
Bear Project, the Central Coast Blue: Recycled Water 9
Project, the Harvest Water Program, the East County Ad- 10
vanced Water Purification Program: Phase Two, the Ven- 11
tura Water Pure Program, and the San Juan Watershed 12
Project. 13
SEC . 124. (a) During the period covered by this Act, 14
title I of Public Law 108-361 (the Calfed Bay-Delta Au- 15
thorization Act) (118 Stat. 1681), as amended by section 16
4007(k) of Public Law 114-322, shall be applied by sub- 17
stituting ”2022” for ”2021” each place it appears. 18
(b) During the period covered by this Act, section 19
9106(g)(2) of Public Law 111-11 (Omnibus Public Land 20
Management Act of 2009) shall be applied by substituting 21
”2022” for ”2021”. 22
(c) During the period covered by this Act, section 23
104(c) of the Reclamation States Emergency Drought Re- 24
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lief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by 1
substituting ”2022” for ”2021”. 2
(d) During the period covered by this Act, section 301 3
of the Reclamation States Emergency Drought Relief Act 4
of 1991 (43 U.S.C. 2241) shall be applied by substituting 5
”2022” for ”2021”. 6
SEC . 125. (a) Notwithstanding section 101, section 7
506 of division D of Public Law 116-260 shall be applied 8
by substituting ”$841,000,000” for ”$291,000,000”. 9
(b) Amounts provided by this Act for ”Department 10
of Energy–Energy Programs–Uranium Enrichment De- 11
contamination and Decommissioning Fund” may be ap- 12
portioned up to the rate for operations necessary to avoid 13
disruption of continuing projects or activities funded in 14
this appropriation. 15
(c) The Secretary of Energy shall notify the Commit- 16
tees on Appropriations of the House of Representatives 17
and the Senate not later than 3 days after each use of 18
the authority provided in subsection (b). 19
SEC . 126. Notwithstanding section 101, amounts are 20
provided for ”Executive Office of the President and Funds 21
Appropriated to the President–The White House–Sala- 22
ries and Expenses” at a rate for operations of 23
$60,000,000. 24
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SEC . 127. Notwithstanding section 101, amounts are 1
provided for ”General Services Administration–Allow- 2
ances and Office Staff for Former Presidents” at a rate 3
for operations of $5,000,000. 4
SEC . 128. Amounts made available by section 101 for 5
”Small Business Administration–Business Loans Pro- 6
gram Account” may be apportioned up to the rate for op- 7
erations necessary to accommodate increased demand for 8
commitments for general business loans authorized under 9
paragraphs (1) through (35) of section 7(a) of the Small 10
Business Act (15 U.S.C. 636(a)), for guarantees of trust 11
certificates authorized by section 5(g) of the Small Busi- 12
ness Act (15 U.S.C. 634(g)), for commitments to guar- 13
antee loans under section 503 of the Small Business In- 14
vestment Act of 1958 (15 U.S.C. 697), and for commit- 15
ments to guarantee loans for debentures under section 16
303(b) of the Small Business Investment Act of 1958 (15 17
U.S.C. 683(b)). 18
SEC . 129. Notwithstanding section 101, amounts are 19
provided for ”District of Columbia–Federal Funds– 20
Federal Payment to the Court Services and Offender Su- 21
pervision Agency for the District of Columbia” at a rate 22
for operations of $249,754,000: Provided , That the second 23
proviso under such heading in title IV of division E of 24
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Public Law 116-260 shall be applied by substituting 1
”$70,574,000” for ”$66,743,000”. 2
SEC . 130. Notwithstanding any other provision of 3
this Act, except section 106, the District of Columbia may 4
expend local funds made available under the heading ”Dis- 5
trict of Columbia–District of Columbia Funds” for such 6
programs and activities under the District of Columbia 7
Appropriations Act, 2021 (title IV of division E of Public 8
Law 116-260) at the rate set forth in the Fiscal Year 9
2022 Local Budget Act of 2021 (D.C. Act 24-173), as 10
modified as of the date of enactment of this Act. 11
SEC . 131. Section 330(e)(3) of title 11, United States 12
Code, is amended by striking ”in that fiscal year” at the 13
end of the paragraph. 14
SEC . 132. In addition to amounts otherwise provided 15
by section 101, an amount is provided to the Department 16
of Homeland Security for ”U.S. Citizenship and Immigra- 17
tion Services–Operations and Support” for application 18
processing, the reduction of backlogs within asylum, field, 19
and service center offices, and support of the refugee pro- 20
gram at a rate for operations of $250,000,000: Provided , 21
That such amounts shall be in addition to any other funds 22
made available for such purposes, and shall not be con- 23
strued to require any reduction of any fee described in 24
section 286(m) of the Immigration and Nationality Act 25
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(8 U.S.C. 1356(m)): Provided further , That prior to the 1
obligation of such resources, U.S. Citizenship and Immi- 2
gration Services shall provide to the Committees on Ap- 3
propriations of the Senate and the House of Representa- 4
tives an expenditure plan that identifies backlog reduction 5
metrics and quarterly reports on the execution of such 6
plan. 7
SEC . 133. Amounts made available by section 101 to 8
the Department of Homeland Security under the heading 9
”Federal Emergency Management Agency–Disaster Re- 10
lief Fund” may be apportioned up to the rate for oper- 11
ations necessary to carry out response and recovery activi- 12
ties under the Robert T. Stafford Disaster Relief and 13
Emergency Assistance Act (42 U.S.C. 5121 et seq.). 14
SEC . 134. (a) Sections 1309(a) and 1319 of the Na- 15
tional Flood Insurance Act of 1968 (42 U.S.C. 4016(a) 16
and 4026) shall be applied by substituting the date speci- 17
fied in section 106(3) of this Act for ”September 30, 18
2021”. 19
(b) If this Act is enacted after September 30, 2021, 20
this section shall be applied as if it were in effect on Sep- 21
tember 30, 2021. 22
SEC . 135. Amounts made available by section 101 for 23
”Department of the Interior–National Park Service– 24
National Recreation and Preservation” for heritage part- 25
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nership programs may be used to provide financial assist- 1
ance to any national heritage area, national heritage cor- 2
ridor, cultural heritage corridor, national heritage partner- 3
ship, national heritage route, national heritage canalway, 4
and battlefields national historic district established as of 5
September 1, 2021, notwithstanding any statutory sunset 6
provision terminating the Secretary’s authority to provide 7
assistance to any such area and notwithstanding any limi- 8
tation on amounts authorized to be appropriated with re- 9
spect to any such area: Provided , That the Commission 10
sunset provision in section 804(j) of division B of H.R. 11
5666 (Appendix D), as amended, as enacted into law by 12
section 1(a)(4) of Public Law 106- 554, shall be applied 13
by substituting the date specified in section 106(3) of this 14
Act for ”September 30, 2021”: Provided further , That the 15
authority in section 295D of Public Law 109-338, as 16
amended, shall continue in effect through the date speci- 17
fied in section 106(3) of this Act. 18
SEC . 136. Notwithstanding subsection (c)(2)(B) of 19
section 200303 of title 54, United States Codes, during 20
the period covered by this Act amounts made available 21
from the Land and Water Conservation Fund for fiscal 22
year 2022 pursuant to subsection (a) of such section of 23
such title shall be allocated by the Secretary of the Interior 24
or the Secretary of Agriculture, as appropriate, only for 25
September 28, 2021 (11:06 a.m.)
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the following agencies and accounts, for the purposes spec- 1
ified, and in the amounts specified multiplied by the per- 2
centage of fiscal year 2022 covered by this Act: 3
(1) ”Department of the Interior–Bureau of 4
Land Management–Land Acquisition”, $7,500,000, 5
for Acquisition Management; 6
(2) ”Department of the Interior–United States 7
Fish and Wildlife Service–Land Acquisition”, 8
$17,000,000, for Land Acquisition Management; 9
(3) ”Department of the Interior–National 10
Park Service–Land Acquisition and State Assist- 11
ance”, $14,500,000, for Acquisition Management; 12
(4) ”Department of the Interior–Office of the 13
Secretary–Departmental Operations”, $19,000,000, 14
for Management Services, Appraisal and Valuation 15
Service Offices-Federal Lands; 16
(5) ”Department of Agriculture–Forest Serv- 17
ice–State and Private Forestry”, $6,400,000, for 18
Administrative Funds; and 19
(6) ”Department of Agriculture–Forest Serv- 20
ice–Land Acquisition”, $12,000,000, for Acquisi- 21
tion Management. 22
SEC . 137. (a) In addition to amounts provided by sec- 23
tion 101, amounts are provided for ”Department of 24
Health and Human Services–Indian Health Service–In- 25
September 28, 2021 (11:06 a.m.)
23
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dian Health Services” at a rate for operations of 1
$22,080,000, for an additional amount for costs of staff- 2
ing and operating facilities that were opened, renovated, 3
or expanded in fiscal years 2021 and 2022, and such 4
amounts may be apportioned up to the rate for operations 5
necessary to staff and operate such facilities. 6
(b) In addition to amounts provided by section 101, 7
amounts are provided for ”Department of Health and 8
Human Services–Indian Health Service–Indian Health 9
Facilities” at a rate for operations of $2,261,000, for an 10
additional amount for costs of staffing and operating fa- 11
cilities that were opened, renovated, or expanded in fiscal 12
years 2021 and 2022, and such amounts may be appor- 13
tioned up to the rate for operations necessary to staff and 14
operate such facilities. 15
SEC . 138. In addition to amounts otherwise provided 16
by section 101, for ”Department of Health and Human 17
Services–Centers for Disease Control and Prevention– 18
Environmental Health”, there is appropriated $1,500,000, 19
for an additional amount for fiscal year 2022, to remain 20
available until September 30, 2022, for the Vessel Sanita- 21
tion Program. 22
SEC . 139. (a) Funds made available in Public Law 23
114-113 to the accounts of the National Institutes of 24
Health that were available for obligation through fiscal 25
September 28, 2021 (11:06 a.m.)
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year 2016 and were obligated for multi-year research 1
grants shall be available through fiscal year 2022 for the 2
liquidation of valid obligations incurred in fiscal year 2016 3
if the Director of the National Institutes of Health deter- 4
mines the project suffered an interruption of activities at- 5
tributable to COVID-19. 6
(b)(1) Subject to paragraph (2), this section shall be- 7
come effective immediately upon enactment of this Act. 8
(2) If this Act is enacted after September 30, 9
2021, this section shall be applied as if it were in 10
effect on September 30, 2021. 11
SEC . 140. In addition to amounts provided by section 12
101, amounts are provided for ”Department of Health 13
and Human Services–Substance Abuse and Mental 14
Health Services Administration–Mental Health” at a 15
rate for operations of $77,621,000 for an additional 16
amount for carrying out section 520E-3 of the Public 17
Health Service Act (42 U.S.C. 290bb-36c), and such 18
amounts may be apportioned up to the rate for operations 19
necessary to operate and maintain the National Suicide 20
Prevention Lifeline program. 21
SEC . 141. In addition to amounts otherwise provided 22
by this Act, for ”Department of Health and Human Serv- 23
ices–Administration for Children and Families–Refugee 24
and Entrant Assistance”, there is appropriated 25
September 28, 2021 (11:06 a.m.)
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$2,500,000,000, for an additional amount for fiscal year 1
2022, to remain available until September 30, 2024, to 2
carry out section 462 of the Homeland Security Act of 3
2002 and section 235 of the William Wilberforce Traf- 4
ficking Victims Protection Reauthorization Act of 2008: 5
Provided , That not later than November 1, 2021, the Sec- 6
retary of Health and Human Services shall submit to the 7
Committees on Appropriations of the House of Represent- 8
atives and the Senate a report detailing steps taken and 9
planned to be taken by the Department to phase out the 10
use of emergency intake sites and a detailed plan for end- 11
ing the use of emergency intake sites, including a timeline 12
of major milestones and projections for delivered online 13
bed capacity by facility type: Provided further , That such 14
report shall include an aligned spend plan for estimated 15
fiscal year 2022 obligations by major category: Provided 16
further , That the Secretary shall submit monthly reports 17
during fiscal year 2022 to the Committees on Appropria- 18
tions on all obligations and expenditures incurred by the 19
Department for carrying out such sections 462 and 235: 20
Provided further , That such amount is designated by the 21
Congress as being for an emergency requirement pursuant 22
to section 4001(a)(1) and section 4001(b) of S. Con. Res. 23
14 (117th Congress), the concurrent resolution on the 24
budget for fiscal year 2022. 25
September 28, 2021 (11:06 a.m.)
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SEC . 142. Amounts made available by section 101 for 1
”Department of Health and Human Services–Adminis- 2
tration for Children and Families–Refugee and Entrant 3
Assistance” may be apportioned up to the rate for oper- 4
ations necessary to carry out section 462 of the Homeland 5
Security Act of 2002 and section 235 of the William Wil- 6
berforce Trafficking Victims Protection Reauthorization 7
Act of 2008, and up to the rate for operations necessary 8
for activities authorized by section 414 of the Immigration 9
and Nationality Act and section 501 of the Refugee Edu- 10
cation Assistance Act of 1980. 11
SEC . 143. Not later than 90 days after the date of 12
enactment of this Act, and every 90 days thereafter 13
through fiscal year 2022, the Secretary of Health and 14
Human Services shall provide a report to the Committees 15
on Appropriations of the House of Representatives and the 16
Senate on (1) the total number of children that the Office 17
of Refugee Resettlement has released to sponsors living 18
in the United States, disaggregated by State, and (2) the 19
number of children that the Office of Refugee Resettle- 20
ment has released to sponsors living in the United States 21
for whom the Office of Refugee Resettlement has success- 22
fully conducted safety and welfare checks, and provided 23
post-release services as appropriate, for the most recent 24
quarter such data are available. 25
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SEC . 144. Not later than 10 days after the date of 1
enactment of this Act, the Secretary of Health and 2
Human Services shall provide a report to the Committees 3
on Appropriations of the House of Representatives and the 4
Senate, and disclose on a publicly available website, on all 5
transfers made for carrying out section 462 of the Home- 6
land Security Act of 2002 or section 235 of the William 7
Wilberforce Trafficking Victims Protection Reauthoriza- 8
tion Act of 2008 during fiscal year 2021. This report shall 9
include: (1) a list of the source of funds transferred by 10
public law;(2) the program, project, or activity funds were 11
transferred from and the corresponding amount that was 12
transferred;(3) date of transfer;(4) the number of children 13
referred to the Office of Refugee Resettlement (ORR) by 14
month for fiscal year 2021; and(5) the age distribution 15
of the children referred to ORR by month for fiscal year 16
2021: Provided , That the report shall be updated every 17
30 days throughout fiscal year 2022. 18
SEC . 145. During the period covered by this Act, for 19
services furnished under the Community Services Block 20
Grant Act (”CSBG Act”) with funds made available by 21
this Act, by the Consolidated Appropriations Act, 2021 22
(Public Law 116-260), or by the Coronavirus Aid, Relief, 23
and Economic Security Act (Public Law 116-136), States 24
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may apply the last sentence of section 673(2) of the CSBG 1
Act by substituting ”200 percent” for ”125 percent”. 2
SEC . 146. For purposes of annual leave accumulated 3
in fiscal year 2021, the authority provided in section 2106 4
of division C of Public Law 116-159 shall apply to such 5
leave by substituting ”2021” for ”2020” in subsections 6
(a) and (d). 7
SEC . 147. Activities authorized by part A of title IV 8
(other than under section 403(c) or 418) and section 9
1108(b) of the Social Security Act shall continue through 10
the date specified in section 106(3), in the manner author- 11
ized for fiscal year 2021, and out of any money in the 12
Treasury of the United States not otherwise appropriated, 13
there are hereby appropriated such sums as may be nec- 14
essary for such purpose. 15
SEC . 148. Section 114(f) of the Higher Education 16
Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by sub- 17
stituting the date specified in section 106(3) of this Act 18
for ”September 30, 2021”. 19
SEC . 149. Section 458(a)(4) of the Higher Education 20
Act of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied 21
through the date specified in section 106(3) of this Act 22
by substituting ”2022” for ”2021”. 23
SEC . 150. Notwithstanding section 101, section 116 24
of division J of Public Law 116-260 shall be applied dur- 25
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ing the period covered by this Act by substituting ”fifth 1
fiscal year” for ”fourth fiscal year”. 2
SEC . 151. During the period covered by this Act, the 3
Secretary of Veterans Affairs may transfer up to 4
$193,500,000 of the unobligated balances from amounts 5
made available for fiscal year 2021 under the heading 6
”Veterans Health Administration–Medical Services” in 7
title II of division F of the Further Consolidated Appro- 8
priations Act, 2020 (Public Law 116-94), or in section 9
8002 of title VIII of the American Rescue Plan Act of 10
2021 (Public Law 117-2) to the following accounts of the 11
Department in the amounts specified: 12
(1) ”Veterans Benefits Administration–Gen- 13
eral Operating Expenses, Veterans Benefits Admin- 14
istration”, up to $178,000,000; 15
(2) ”Departmental Administration–Board of 16
Veterans Appeals”, up to $5,800,000; and 17
(3) ”Departmental Administration–Informa- 18
tion Technology Systems”, up to $9,700,000: 19
Provided , That the transferred amounts shall be used, in 20
addition to any other amounts available for such purposes, 21
for personnel costs and other expenses to implement the 22
interim final rule entitled ”Presumptive Service Connec- 23
tion for Respiratory Conditions Due to Exposure to Par- 24
September 28, 2021 (11:06 a.m.)
30
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ticulate Matter”, published on August 5, 2021 (86 FR 1
42724), and any revisions to such rule. 2
SEC . 152. Amounts made available by section 101 to 3
United States Government-funded entities for ”Related 4
Agency–United States Agency for Global Media–Inter- 5
national Broadcasting Operations”, ”Related Programs– 6
The Asia Foundation”, ”Related Programs–United 7
States Institute of Peace”, and ”Related Programs–Na- 8
tional Endowment for Democracy” may be apportioned up 9
to the rate for operations necessary to support the evacu- 10
ation of Afghan journalists and other Afghan employees 11
of such entities, following consultation with the Commit- 12
tees on Appropriations. 13
SEC . 153. Section 21009 of the Coronavirus Aid, Re- 14
lief, and Economic Security Act (Public Law 116-136) 15
shall continue in effect through the date specified in sec- 16
tion 106(3) of this Act. 17
SEC . 154. Amounts made available by section 101 to 18
the United States International Development Finance 19
Corporation for ”Corporate Capital Account” and paid to 20
the ”Program Account” shall be available for the costs 21
of modifying loans and loan guarantees transferred to the 22
Corporation pursuant to section 1463 of the BUILD Act 23
of 2018 (division F of Public Law 115-254): Provided , 24
September 28, 2021 (11:06 a.m.)
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That such costs shall be as defined in section 502 of the 1
Congressional Budget Act of 1974. 2
SEC . 155. Section 1334 of the Foreign Affairs Re- 3
form and Restructuring Act of 1998 (22 U.S.C. 6553) 4
shall be applied by substituting the date specified in sec- 5
tion 106(3) of this Act for ”October 1, 2021”. 6
SEC . 156. Notwithstanding section 101, amounts are 7
provided for ”Department of Transportation–Office of 8
the Secretary–Payments to Air Carriers” at a rate for 9
operations of $247,700,000, and such amounts may be ap- 10
portioned up to the rate for operations necessary to main- 11
tain Essential Air Service program operations. 12
SEC . 157. Amounts made available by section 101 to 13
the Department of Housing and Urban Development in 14
the third paragraph under the heading ”Public and Indian 15
Housing–Native American Programs” may be appor- 16
tioned up to the rate for operations necessary to accommo- 17
date demand for guaranteed notes and other obligations 18
as authorized by title VI of the Native American Housing 19
Assistance and Self-Determination Act of 1996. 20
This division may be cited as the ”Continuing Appro- 21
priations Act, 2022”. 22
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DIVISION B–DISASTER RELIEF SUPPLE- 1
MENTAL APPROPRIATIONS ACT, 2022 2
The following sums are appropriated, out of any 3
money in the Treasury not otherwise appropriated, for the 4
fiscal year ending September 30, 2022, and for other pur- 5
poses, namely: 6
TITLE I 7
DEPARTMENT OF AGRICULTURE 8
AGRICULTURAL PROGRAMS 9
PROCESSING , R ESEARCH AND M ARKETING 10
OFFICE OF THE SECRETARY 11
For an additional amount for the ”Office of the Sec- 12
retary”, $10,000,000,000, which shall remain available 13
until December 31, 2023, for necessary expenses related 14
to losses of crops (including milk, on-farm stored commod- 15
ities, crops prevented from planting in 2020 and 2021, 16
and harvested adulterated wine grapes), trees, bushes, and 17
vines, as a consequence of droughts, wildfires, hurricanes, 18
floods, derechos, excessive heat, winter storms, freeze, in- 19
cluding a polar vortex, smoke exposure, quality losses of 20
crops, and excessive moisture occurring in calendar years 21
2020 and 2021 under such terms and conditions as deter- 22
mined by the Secretary: Provided , That, with respect to 23
smoke tainted wine grapes, the loss (including a quality 24
loss) of such crop during the coverage period due to wild- 25
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fire, as determined by the Secretary, is considered a quali- 1
fied loss: Provided further , That losses due to drought 2
shall only be eligible under this heading in this Act if any 3
area within the county in which the loss occurs was rated 4
by the U.S. Drought Monitor as having a D2 (Severe 5
Drought) for eight consecutive weeks or a D3 (Extreme 6
Drought) or higher level of drought intensity during the 7
applicable calendar years: Provided further , That of the 8
amounts provided under this heading in this Act, the Sec- 9
retary shall use $750,000,000 to provide assistance to pro- 10
ducers of livestock, as determined by the Secretary of Ag- 11
riculture, for losses incurred during calendar year 2021 12
due to drought or wildfires: Provided further , That at the 13
election of a processor eligible for a loan under section 14
156 of the Federal Agriculture Improvement and Reform 15
Act of 1996 (7 U.S.C. 7272) or a cooperative processor 16
of dairy, the Secretary shall make payments for losses in 17
2021 to such processors (to be paid to producer members, 18
as determined by such processors) in lieu of payments to 19
producers and under the same terms and conditions as 20
payments made to processors pursuant to title I of the 21
Additional Supplemental Appropriations for Disaster Re- 22
lief Act, 2019 (Public Law 116-20) under the heading 23
”Department of Agriculture–Agricultural Programs– 24
Processing, Research and Marketing–Office of the Sec- 25
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retary”, as last amended by section 791(c) of title VII of 1
division B of the Further Consolidated Appropriations 2
Act, 2020 (Public Law 116-94): Provided further , That 3
notwithstanding section 760.1503(j) of title 7 of the Code 4
of Federal Regulations, in the event that a processor de- 5
scribed in the preceding proviso does not elect to receive 6
payments under such clause, the Secretary shall make di- 7
rect payments to producers under this heading in this Act: 8
Provided further , That of the amounts provided under this 9
heading in this Act, not more than one percent of the 10
funds provided herein may be used for administrative 11
costs, including for streamlining the application process 12
and easing the burden on county office employees, to carry 13
out the matter under this heading in this Act: Provided 14
further , That, except as otherwise provided under this 15
heading in this Act, the Secretary shall impose payment 16
limitations consistent with section 760.1507 of title 7, 17
Code of Federal Regulations (as in effect on the date of 18
enactment of this Act): Provided further , That, in the case 19
of specialty crops or high value crops, as determined by 20
the Secretary, the Secretary shall impose payment limita- 21
tions consistent with section 760.1507(a)(2) of title 7, 22
Code of Federal Regulations (as in effect on January 1, 23
2019): Provided further , That, with respect to the payment 24
limitations described under this heading in this Act, the 25
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Secretary shall apply separate payment limits for each of 1
2020 and 2021: Provided further , That the total amount 2
of payments received under this heading in this Act and 3
applicable policies of crop insurance under the Federal 4
Crop Insurance Act (7 U.S.C. 1501 et seq.) or the Non- 5
insured Crop Disaster Assistance Program (NAP) under 6
section 196 of the Federal Agriculture Improvement and 7
Reform Act of 1996 (7 U.S.C. 7333) (minus any pre- 8
miums or fees paid for such coverages) shall not exceed 9
90 percent of the loss as determined by the Secretary: Pro- 10
vided further , That the total amount of payments received 11
under this heading in this Act for producers who did not 12
obtain a policy or plan of insurance for an insurable com- 13
modity for the applicable crop year under the Federal 14
Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop 15
incurring the losses or did not file the required paperwork 16
and pay the service fee by the applicable State filing dead- 17
line for a noninsurable commodity for the applicable crop 18
year under NAP for the crop incurring the losses shall 19
not exceed 70 percent of the loss as determined by the 20
Secretary: Provided further , That producers receiving pay- 21
ments under this heading in this Act, as determined by 22
the Secretary, shall be required to purchase crop insurance 23
where crop insurance is available for the next two available 24
crop years and producers receiving payments under this 25
September 28, 2021 (11:06 a.m.)
36
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heading in this Act shall be required to purchase coverage 1
under NAP where crop insurance is not available in the 2
next two available crop years, as determined by the Sec- 3
retary: Provided further , That not later than 120 days 4
after the end of fiscal year 2021, the Secretary shall sub- 5
mit a report to the Congress specifying the type, amount, 6
and method of such assistance by state and territory. 7
FARM PRODUCTION AND CONSERVATION 8
PROGRAMS 9
N ATURAL RESOURCES CONSERVATION SERVICE 10
WATERSHED AND FLOOD PREVENTION OPERATIONS 11
For an additional amount for ”Watershed and Flood 12
Prevention Operations” for necessary expenses for the 13
Emergency Watershed Protection Program, 14
$275,000,000, to remain available until expended, which 15
shall be in addition to amounts otherwise available for 16
such purposes. 17
TITLE II 18
DEPARTMENT OF COMMERCE 19
N ATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY 20
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES 21
For an additional amount for ”Scientific and Tech- 22
nical Research and Services” for necessary expenses to 23
carry out investigations of building failures pursuant to 24
the National Construction Safety Team Act of 2002 (15 25
September 28, 2021 (11:06 a.m.)
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U.S.C. 7301), $22,000,000, to remain available until Sep- 1
tember 30, 2023. 2
N ATIONAL OCEANIC AND ATMOSPHERIC 3
ADMINISTRATION 4
OPERATIONS , RESEARCH , AND FACILITIES 5
For an additional amount for ”Operations, Research, 6
and Facilities” for necessary expenses related to the con- 7
sequences of hurricanes and of wildfires in calendar years 8
2020 and 2021, $92,834,000, to remain available until 9
September 30, 2023, as follows: 10
(1) $4,709,000 for repair and replacement of 11
observing assets, real property, and equipment; 12
(2) $3,425,000 for marine debris assessment 13
and removal; 14
(3) $4,700,000 for mapping, charting, and ge- 15
odesy services; 16
(4) $35,000,000 to improve: (A) hurricane in- 17
tensity and track forecasting, including through de- 18
ployment of unmanned ocean observing platforms 19
and enhanced data assimilation; and(B) precipita- 20
tion and flood prediction, forecasting, and mitigation 21
capabilities; 22
(5) $20,000,000 to improve wildfire research, 23
prediction, detection, forecasting, monitoring, data 24
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management, and communication and engagement; 1
and 2
(6) $25,000,000 for Title IX Fund grants as 3
authorized under section 906(c) of division O of 4
Public Law 114-113: 5
Provided , That the National Oceanic and Atmospheric Ad- 6
ministration shall submit a spending plan to the Commit- 7
tees on Appropriations of the House of Representatives 8
and the Senate within 45 days after the date of enactment 9
of this Act. 10
PROCUREMENT , ACQUISITION AND CONSTRUCTION 11
For an additional amount for ”Procurement, Acquisi- 12
tion and Construction” for necessary expenses related to 13
the consequences of hurricanes and of wildfires in calendar 14
years 2020 and 2021, $52,205,000, to remain available 15
until September 30, 2024, as follows: 16
(1) $2,205,000 for repair and replacement of 17
observing assets, real property, and equipment; and 18
(2) $50,000,000 for improvements to oper- 19
ational and research weather and climate supercom- 20
puting and dissemination infrastructure, observing 21
assets, and satellites, along with associated ground 22
systems, used for hurricane intensity and track pre- 23
diction; precipitation and flood prediction, fore- 24
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39
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casting, and mitigation; and wildfire research, pre- 1
diction, detection, forecasting, and monitoring: 2
Provided , That the National Oceanic and Atmospheric Ad- 3
ministration shall submit a spending plan to the Commit- 4
tees on Appropriations of the House of Representatives 5
and the Senate within 45 days after the date of enactment 6
of this Act. 7
FISHERIES DISASTER ASSISTANCE 8
For an additional amount for ”Fisheries Disaster As- 9
sistance” for necessary expenses associated with the miti- 10
gation of fishery disasters, $200,000,000, to remain avail- 11
able until expended: Provided , That such funds shall be 12
used for mitigating the effects of commercial fishery fail- 13
ures and fishery resource disasters declared by the Sec- 14
retary of Commerce, including those declared by the Sec- 15
retary to be a direct result of hurricanes in calendar years 16
2020 and 2021. 17
SCIENCE 18
N ATIONAL AERONAUTICS AND SPACE ADMINISTRATION 19
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND 20
RESTORATION 21
(INCLUDING TRANSFER OF FUNDS) 22
For an additional amount for ”Construction and En- 23
vironmental Compliance and Restoration” for repair at 24
National Aeronautics and Space Administration facilities 25
September 28, 2021 (11:06 a.m.)
40
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damaged by Hurricanes Zeta and Ida, $321,400,000, to 1
remain available until expended: Provided , That up to 15 2
percent of such amount may be transferred to ”Explo- 3
ration” for necessary expenses related to flight hardware, 4
tooling, production and schedule delays caused by Hurri- 5
cane Ida: Provided further , That except as provided in the 6
preceding proviso, the amounts appropriated under this 7
heading in this Act shall not be available for transfer 8
under any transfer authority provided for the National 9
Aeronautics and Space Administration in an appropriation 10
Act for fiscal year 2022. 11
N ATIONAL SCIENCE FOUNDATION 12
MAJOR RESEARCH EQUIPMENT AND FACILITIES 13
CONSTRUCTION 14
For an additional amount for ”Major Research 15
Equipment and Facilities Construction” for necessary ex- 16
penses related to the National Science Foundation Re- 17
gional Class Research Vessel construction impacted by 18
Hurricane Ida, $25,000,000, to remain available until ex- 19
pended. 20
RELATED AGENCIES 21
LEGAL SERVICES CORPORATION 22
PAYMENT TO THE LEGAL SERVICES CORPORATION 23
For an additional amount for ”Payment to the Legal 24
Services Corporation” to carry out the purposes of the 25
September 28, 2021 (11:06 a.m.)
41
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Legal Services Corporation Act by providing for necessary 1
expenses related to the consequences of hurricanes, 2
wildfires, other extreme weather, and earthquakes that oc- 3
curred during calendar years 2020 and 2021, 4
$40,000,000, to remain available until September 30, 5
2022: Provided , That none of the funds appropriated in 6
this Act to the Legal Services Corporation shall be ex- 7
pended for any purpose prohibited or limited by, or con- 8
trary to any of the provisions of, sections 501, 502, 503, 9
504, 505, and 506 of Public Law 105-119, and all funds 10
appropriated in this Act to the Legal Services Corporation 11
shall be subject to the same terms and conditions set forth 12
in such sections, except that all references in sections 502 13
and 503 to 1997 and 1998 shall be deemed to refer in- 14
stead to 2021 and 2022, respectively, and except that sec- 15
tions 501 and 503 of Public Law 104-134 (referenced by 16
Public Law 105-119) shall not apply to the amount made 17
available under this heading: Provided further , That, for 18
the purposes of this Act, the Legal Services Corporation 19
shall be considered an agency of the United States. 20
September 28, 2021 (11:06 a.m.)
42
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TITLE III 1
DEPARTMENT OF DEFENSE 2
DEPARTMENT OF DEFENSE–MILITARY 3
OPERATION AND MAINTENANCE 4
OPERATION AND M AINTENANCE , N AVY 5
For an additional amount for ”Operation and Main- 6
tenance, Navy”, $565,000,000, to remain available until 7
September 30, 2022, for necessary expenses related to the 8
consequences of severe storms, straight-line winds, flood- 9
ing, tornadoes, earthquakes, wildfires, and hurricanes oc- 10
curring in calendar years 2020 and 2021. 11
OPERATION AND M AINTENANCE , A IR FORCE 12
For an additional amount for ”Operation and Main- 13
tenance, Air Force”, $330,000,000, to remain available 14
until September 30, 2022, for necessary expenses related 15
to the consequences of Winter Storm Uri occurring in cal- 16
endar year 2021. 17
GENERAL PROVISION–THIS TITLE 18
SEC . 1301. Notwithstanding any other provision of 19
law, funds provided by this title shall only be for the pur- 20
poses specified, and shall not be subject to any transfer 21
authority provided by law. 22
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TITLE IV 1
CORPS OF ENGINEERS–CIVIL 2
DEPARTMENT OF THE ARMY 3
INVESTIGATIONS 4
For an additional amount for ”Investigations” for 5
necessary expenses related to the completion, or initiation 6
and completion, of flood and storm damage reduction, in- 7
cluding shore protection, studies that are currently au- 8
thorized or that are authorized after the date of enactment 9
of this Act, to reduce risk from future floods and hurri- 10
canes, at full Federal expense, $100,000,000, to remain 11
available until expended: Provided , That funds made avail- 12
able under this heading in this Act shall be for high-pri- 13
ority studies of projects in States with a major disaster 14
declared due to Hurricane Ida pursuant to the Robert T. 15
Stafford Disaster Relief and Emergency Assistance Act 16
(42 U.S.C. 5121 et seq.) in fiscal year 2021: Provided fur- 17
ther , That the Assistant Secretary of the Army for Civil 18
Works shall provide a monthly report directly to the Com- 19
mittees on Appropriations of the House of Representatives 20
and the Senate detailing the allocation and obligation of 21
these funds, including new studies selected to be initiated 22
using funds provided under this heading in this Act, begin- 23
ning not later than 60 days after the date of enactment 24
of this Act. 25
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CONSTRUCTION 1
For an additional amount for ”Construction” for nec- 2
essary expenses, $3,000,000,000, to remain available until 3
expended, to construct flood and storm damage reduction, 4
including shore protection, projects that are currently au- 5
thorized or that are authorized after the date of enactment 6
of this Act, and flood and storm damage reduction, includ- 7
ing shore protection, projects that have signed Chief’s Re- 8
ports as of the date of enactment of this Act or that are 9
studied using funds provided under the heading ”Inves- 10
tigations” if the Secretary determines such projects to be 11
technically feasible, economically justified, and environ- 12
mentally acceptable: Provided , That of such amount, 13
$1,500,000,000 shall be available for such projects in 14
States with a major disaster declared due to Hurricane 15
Ida pursuant to the Robert T. Stafford Disaster Relief 16
and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 17
in fiscal year 2021: Provided further , That the provisions 18
of section 902 of the Water Resources Development Act 19
of 1986 shall not apply to the construction of projects, 20
including initial construction or periodic nourishment, 21
completed using funding under this heading in this Act: 22
Provided further , That the completion of ongoing construc- 23
tion projects receiving funding provided under this head- 24
ing in this Act shall be at full Federal expense with respect 25
September 28, 2021 (11:06 a.m.)
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to such funds: Provided further , That for any projects 1
using funding provided under this heading in this Act, the 2
non-Federal cash contribution for projects other than on- 3
going construction projects shall be financed in accordance 4
with the provisions of section 103(k) of Public Law 99- 5
662 over a period of 30 years from the date of completion 6
of the project or separable element: Provided further , That 7
up to $65,000,000 of the amounts made available under 8
this heading in this Act shall be used for continuing au- 9
thorities projects to reduce the risk of flooding and storm 10
damage: Provided further , That any projects using funding 11
appropriated under this heading in this Act shall be initi- 12
ated only after non-Federal interests have entered into 13
binding agreements with the Secretary requiring, where 14
applicable, the non-Federal interests to pay 100 percent 15
of the operation, maintenance, repair, replacement, and 16
rehabilitation costs of the project and to hold and save 17
the United States free from damages due to the construc- 18
tion or operation and maintenance of the project, except 19
for damages due to the fault or negligence of the United 20
States or its contractors: Provided further , That of the 21
amounts made available under this heading in this Act, 22
such sums as are necessary to cover the Federal share of 23
construction costs for facilities under the Dredged Mate- 24
rial Disposal Facilities Program shall be derived from the 25
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general fund of the Treasury: Provided further , That the 1
Assistant Secretary of the Army for Civil Works shall pro- 2
vide a monthly report directly to the Committees on Ap- 3
propriations of the House of Representatives and the Sen- 4
ate detailing the allocation and obligation of these funds, 5
beginning not later than 60 days after the date of enact- 6
ment of this Act. 7
MISSISSIPPI RIVER AND TRIBUTARIES 8
For an additional amount for ”Mississippi River and 9
Tributaries” for necessary expenses to address emergency 10
situations at Corps of Engineers projects, and to con- 11
struct, and rehabilitate and repair damages to Corps of 12
Engineers projects, caused by natural disasters, 13
$868,000,000, to remain available until expended: Pro- 14
vided , That of the amounts made available under this 15
heading in this Act, such sums as are necessary to cover 16
the Federal share of eligible operation and maintenance 17
costs for coastal harbors and channels, and for inland har- 18
bors shall be derived from the general fund of the Treas- 19
ury: Provided further , That of the amounts made available 20
under this heading in this Act, $500,000,000 shall be 21
available to construct flood and storm damage reduction 22
projects that are currently authorized or that are author- 23
ized after the date of enactment of this Act in States with 24
a major disaster declared due to Hurricane Ida pursuant 25
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to the Robert T. Stafford Disaster Relief and Emergency 1
Assistance Act (42 U.S.C. 5121 et seq.) in fiscal year 2
2021: Provided further , That the provisions of section 902 3
of the Water Resources Development Act of 1986 shall 4
not apply to the construction of projects, including initial 5
construction or periodic nourishment, completed using 6
funding under this heading in this Act: Provided further , 7
That to the extent that ongoing construction projects are 8
constructed using funding provided under this heading in 9
this Act, such construction shall be at full Federal ex- 10
pense: Provided further , That for any projects using fund- 11
ing provided under this heading in this Act, the non-Fed- 12
eral cash contribution for projects other than ongoing con- 13
struction projects shall be financed in accordance with the 14
provisions of section 103(k) of Public Law 99-662 over 15
a period of 30 years from the date of completion of the 16
project or separable element: Provided further , That any 17
projects using funding appropriated under this heading in 18
this Act shall be initiated only after non-Federal interests 19
have entered into binding agreements with the Secretary 20
requiring, where applicable, the non-Federal interests to 21
pay 100 percent of the operation, maintenance, repair, re- 22
placement, and rehabilitation costs of the project and to 23
hold and save the United States free from damages due 24
to the construction or operation and maintenance of the 25
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project, except for damages due to the fault or negligence 1
of the United States or its contractors: Provided further , 2
That the Assistant Secretary of the Army for Civil Works 3
shall provide a monthly report directly to the Committees 4
on Appropriations of the House of Representatives and the 5
Senate detailing the allocation and obligation of these 6
funds, beginning not later than 60 days after the date of 7
enactment of this Act. 8
OPERATION AND MAINTENANCE 9
For an additional amount for ”Operation and Main- 10
tenance” for necessary expenses to dredge Federal naviga- 11
tion projects in response to, and repair damages to Corps 12
of Engineers Federal projects caused by, natural disasters, 13
$887,000,000, to remain available until expended, of 14
which such sums as are necessary to cover the Federal 15
share of eligible operation and maintenance costs for 16
coastal harbors and channels, and for inland harbors shall 17
be derived from the general fund of the Treasury: Pro- 18
vided , That the Assistant Secretary of the Army for Civil 19
Works shall provide a monthly report directly to the Com- 20
mittees on Appropriations of the House of Representatives 21
and the Senate detailing the allocation and obligation of 22
these funds, beginning not later than 60 days after the 23
date of enactment of this Act. 24
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FLOOD CONTROL AND COASTAL EMERGENCIES 1
For an additional amount for ”Flood Control and 2
Coastal Emergencies”, as authorized by section 5 of the 3
Act of August 18, 1941 (33 U.S.C. 701n), for necessary 4
expenses to prepare for flood, hurricane and other natural 5
disasters and support emergency operations, repairs, and 6
other activities in response to such disasters, as authorized 7
by law, $826,000,000, to remain available until expended: 8
Provided , That funding utilized for authorized shore pro- 9
tection projects shall restore such projects to the full 10
project profile at full Federal expense: Provided further , 11
That the Assistant Secretary of the Army for Civil Works 12
shall provide a monthly report directly to the Committees 13
on Appropriations of the House of Representatives and the 14
Senate detailing the allocation and obligation of these 15
funds, beginning not later than 60 days after the date of 16
enactment of this Act. 17
EXPENSES 18
For an additional amount for ”Expenses” for nec- 19
essary expenses to administer and oversee the obligation 20
and expenditure of amounts provided in this Act for the 21
Corps of Engineers, $30,000,000, to remain available 22
until expended: Provided , That the Assistant Secretary of 23
the Army for Civil Works shall provide a monthly report 24
directly to the Committees on Appropriations of the House 25
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of Representatives and the Senate detailing the allocation 1
and obligation of these funds, beginning not later than 60 2
days after the date of enactment of this Act. 3
DEPARTMENT OF THE INTERIOR 4
CENTRAL U TAH PROJECT 5
CENTRAL UTAH PROJECT COMPLETION ACCOUNT 6
For an additional amount for ”Central Utah Project 7
Completion Account”, $10,000,000 to be deposited into 8
the Utah Reclamation Mitigation and Conservation Ac- 9
count for use by the Utah Reclamation Mitigation and 10
Conservation Commission, to remain available until ex- 11
pended, for expenses necessary in carrying out fire remedi- 12
ation activities for wildfires. 13
BUREAU OF RECLAMATION 14
WATER AND RELATED RESOURCES 15
For an additional amount for ”Water and Related 16
Resources”, $210,000,000, to remain available until ex- 17
pended: Provided , That of such amount, $200,000,000 18
shall be available for activities to address drought, as de- 19
termined by the Secretary of the Interior: Provided fur- 20
ther , That of the amount made available under this head- 21
ing in this Act, $10,000,000 shall be for fire remediation 22
and suppression emergency assistance related to wildfires: 23
Provided further , That the Commissioner shall provide a 24
monthly report directly to the Committees on Appropria- 25
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tions of the House of Representatives and the Senate de- 1
tailing the allocation and obligation of these funds, begin- 2
ning not later than 60 days after the date of enactment 3
of this Act. 4
DEPARTMENT OF ENERGY 5
ENERGY PROGRAMS 6
STRATEGIC PETROLEUM RESERVE 7
For an additional amount for ”Strategic Petroleum 8
Reserve”, $43,300,000, to remain available until ex- 9
pended, for necessary expenses related to damages caused 10
by natural disasters. 11
TITLE V 12
INDEPENDENT AGENCIES 13
SMALL BUSINESS ADMINISTRATION 14
DISASTER LOANS PROGRAM ACCOUNT 15
(INCLUDING TRANSFER OF FUNDS) 16
For an additional amount for ”Disaster Loans Pro- 17
gram Account” for the cost of direct loans authorized by 18
section 7(b) of the Small Business Act, $1,189,100,000, 19
to remain available until expended: Provided , That up to 20
$620,000,000 may be transferred to and merged with 21
”Salaries and Expenses” for administrative expenses to 22
carry out the disaster loan program authorized by section 23
7(b) of the Small Business Act. 24
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TITLE VI 1
DEPARTMENT OF HOMELAND SECURITY 2
PROTECTION, PREPAREDNESS, RESPONSE, AND 3
RECOVERY 4
FEDERAL EMERGENCY M ANAGEMENT AGENCY 5
FEDERAL ASSISTANCE 6
For an additional amount for ”Federal Assistance”, 7
$50,000,000, to remain available until September 30, 8
2022, for emergency management performance grants 9
under the National Flood Insurance Act of 1968 (42 10
U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Re- 11
lief and Emergency Assistance Act (42 U.S.C. 5121), the 12
Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 13
7701), section 762 of title 6, United States Code, and Re- 14
organization Plan No. 3 of 1978 (5 U.S.C. App.). 15
GENERAL PROVISION–THIS TITLE 16
SEC . 1601. (a) Repayments of the remaining bal- 17
ances of all loans, as of September 30, 2021, by the Fed- 18
eral Emergency Management Agency under section 417 19
of the Robert T. Stafford Disaster Relief and Emergency 20
Assistance Act (42 U.S.C. 5184) are hereby cancelled. 21
(b) Of the unobligated balances available to the De- 22
partment of Homeland Security for ”Federal Emergency 23
Management Agency–Disaster Relief Fund”, such sums 24
as are necessary may be transferred to the Disaster As- 25
September 28, 2021 (11:06 a.m.)
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sistance Direct Loan Program Account for carrying out 1
subsection (a). 2
(c) Each amount repurposed or transferred by this 3
section that was previously designated by the Congress as 4
an emergency requirement or as being for disaster relief 5
pursuant to the Balanced Budget and Emergency Deficit 6
Control Act of 1985 or a concurrent resolution on the 7
budget is designated by the Congress as an emergency re- 8
quirement pursuant to section 4001(a)(1) and section 9
4001(b), or as being for disaster relief pursuant to section 10
4004(b)(6) and section 4005(f), respectively, of S. Con. 11
Res. 14 (117th Congress), the concurrent resolution on 12
the budget for fiscal year 2022. 13
TITLE VII 14
DEPARTMENT OF THE INTERIOR 15
BUREAU OF LAND M ANAGEMENT 16
MANAGEMENT OF LANDS AND RESOURCES 17
For an additional amount for ”Management of Lands 18
and Resources”, $1,192,000, to remain available until ex- 19
pended, for necessary expenses related to the consequences 20
of calendar year 2019, 2020, and 2021 wildfires, hurri- 21
canes and other natural disasters. 22
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U NITED STATES FISH AND W ILDLIFE SERVICE 1
CONSTRUCTION 2
For an additional amount for ”Construction”, 3
$58,227,000, to remain available until expended, for nec- 4
essary expenses related to the consequences of calendar 5
year 2019, 2020, and 2021 wildfires, hurricanes and other 6
natural disasters. 7
N ATIONAL PARK SERVICE 8
CONSTRUCTION 9
For an additional amount for ”Construction”, 10
$229,472,000, to remain available until expended, for nec- 11
essary expenses related to the consequences of calendar 12
year 2019, 2020, and 2021 wildfires, hurricanes and other 13
natural disasters. 14
U NITED STATES GEOLOGICAL SURVEY 15
SURVEYS , INVESTIGATIONS , AND RESEARCH 16
For an additional amount for ”Surveys, Investiga- 17
tions, and Research”, $26,284,000, to remain available 18
until expended, for necessary expenses related to the con- 19
sequences of calendar year 2019, 2020, and 2021 20
wildfires, hurricanes and other natural disasters. 21
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BUREAU OF SAFETY AND ENVIRONMENTAL 1
ENFORCEMENT 2
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT 3
For an additional amount for ”Offshore Safety and 4
Environmental Enforcement”, $223,000, to remain avail- 5
able until expended, for necessary expenses related to the 6
consequences of calendar year 2019, 2020 and 2021 7
wildfires, hurricanes and natural disasters. 8
BUREAU OF INDIAN AFFAIRS 9
CONSTRUCTION 10
For an additional amount for ”Construction”, 11
$452,000, to remain available until expended, for nec- 12
essary expenses related to the consequences of calendar 13
year 2019, 2020, and 2021 wildfires, hurricanes and other 14
natural disasters. 15
DEPARTMENT-WIDE PROGRAMS 16
WILDLAND FIRE MANAGEMENT 17
(INCLUDING TRANSFER OF FUNDS) 18
For an additional amount for ”Wildland Fire Man- 19
agement”, $100,000,000, to remain available until ex- 20
pended, for necessary expenses related to wildfires: Pro- 21
vided , That of the amounts provided under this heading 22
in this Act, $55,000,000 shall be for hazardous fuels man- 23
agement activities: Provided further , That of the amounts 24
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provided under this heading in this Act, $45,000,000, 1
shall be for burned area recovery. 2
RELATED AGENCIES 3
DEPARTMENT OF AGRICULTURE 4
FOREST SERVICE 5
FOREST SERVICE OPERATIONS 6
For an additional amount for ”Forest Service Oper- 7
ations”, $105,000,000, to remain available until expended, 8
for necessary expenses related to the consequences of cal- 9
endar year 2019, 2020, and 2021 wildfires, hurricanes 10
and other natural disasters. 11
FOREST AND RANGELAND RESEARCH 12
For an additional amount for ”Forest and Rangeland 13
Research”, $25,000,000, to remain available until ex- 14
pended, for necessary expenses related to the consequences 15
of calendar year 2019, 2020, and 2021 wildfires, hurri- 16
canes and other natural disasters for the forest inventory 17
and analysis program. 18
STATE AND PRIVATE FORESTRY 19
For an additional amount for ”State and Private 20
Forestry”, $50,000,000, to remain available until ex- 21
pended, for necessary expenses related to the consequences 22
of calendar year 2019, 2020, and 2021 wildfires, hurri- 23
canes and other natural disasters. 24
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NATIONAL FOREST SYSTEM 1
For an additional amount for ”National Forest Sys- 2
tem”, $710,000,000, to remain available until expended: 3
Provided , That of the amounts provided under this head- 4
ing in this Act, $535,000,000 shall be for necessary ex- 5
penses related to the consequences of calendar year 2019, 6
2020, and 2021 wildfires, hurricanes and other natural 7
disasters, including no less than $175,000,000 for high 8
priority post-wildfire restoration for watershed protection, 9
critical habitat, and burned area recovery: Provided fur- 10
ther , That of the amounts provided under this heading in 11
this Act, $175,000,000 shall be for hazardous fuels miti- 12
gation. 13
CAPITAL IMPROVEMENT AND MAINTENANCE 14
For an additional amount for ”Capital Improvement 15
and Maintenance”, $470,000,000, to remain available 16
until expended, for necessary expenses related to the con- 17
sequences of calendar year 2019, 2020, and 2021 18
wildfires, hurricanes and other natural disasters. 19
GENERAL PROVISION–THIS TITLE 20
SEC . 1701. (a)(1) If services performed by the des- 21
ignated employees under paragraph (2) of this subsection 22
at the Department of the Interior or the Department of 23
Agriculture during 2021 are determined by the Secretary 24
of the Interior or the Secretary of Agriculture, as applica- 25
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ble, to be primarily related to emergency wildland fire sup- 1
pression activities, any premium pay for such services 2
shall be disregarded in calculating the aggregate of such 3
employee’s basic pay and premium pay for purposes of a 4
limitation under section 5547(a) of title 5, United States 5
Code, or under any other provision of law, whether such 6
employee’s pay is paid on a biweekly or calendar year 7
basis. Any services during 2021 that generate payments 8
payable in 2022 shall be disregarded in applying this sub- 9
section. 10
(2) The premium pay waiver under paragraph (1) of 11
this subsection shall apply to individuals serving as 12
wildland firefighters and as fire management response of- 13
ficials, including regional fire directors, deputy regional 14
fire directors, agency officials who directly oversee fire op- 15
erations, and fire management officers, and individuals 16
serving on incident management teams (IMTs), at the Na- 17
tional Interagency Fire Center (NIFC), at Geographic 18
Area Coordinating Centers (GACCs), and at Operations 19
centers. 20
(3) The Departments of the Interior and Agriculture 21
shall provide a report to Congress detailing the number 22
of positions, including by occupation, grade, and the ag- 23
gregate pay by type of pay for each individual who receives 24
pay authorized under subsection (a)(1). 25
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(b) Any overtime pay for services described in sub- 1
section (a) that is payable under an authority outside of 2
title 5, United States Code, shall be disregarded in calcu- 3
lating any annual limit on the amount of overtime pay 4
payable in 2021. 5
(c) Any pay that is disregarded under either sub- 6
section (a) or (b) shall be disregarded in calculating such 7
employee’s aggregate pay for purposes of applying the lim- 8
itation in section 5307 of title 5, United States Code, dur- 9
ing 2021. 10
(d)(1) Pay that is disregarded under subsection (a) 11
or (b) shall not cause the aggregate of the employee’s basic 12
pay and premium pay for the applicable calendar year to 13
exceed the rate of basic pay payable for a position at level 14
II of the Executive Schedule under section 5313 of title 15
5, United States Code, as in effect at the end of such cal- 16
endar year. 17
(2) For purposes of applying this subsection to an 18
employee who would otherwise be subject to the premium 19
pay limits established under section 5547 of title 5, United 20
States Code, ”premium pay” means the premium pay paid 21
under the provisions of law cited in section 5547(a). 22
(3) For purposes of applying this subsection to an 23
employee under a premium pay limit established under an 24
authority other than section 5547 of title 5, United States 25
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Code, the agency responsible for administering such limit 1
shall determine what payments are considered premium 2
pay. 3
(4) For the purpose of applying this subsection, 4
”basic pay” includes any applicable locality-based com- 5
parability payment under section 5304 of title 5, United 6
States Code, any applicable special rate supplement under 7
section 5305 of such title, or any equivalent payment 8
under a similar provision of law. 9
(e) This section shall take effect as if enacted on Jan- 10
uary 1, 2021. 11
(f) If application of this section results in the pay- 12
ment of additional premium pay to a covered employee of 13
a type that is normally creditable as basic pay for retire- 14
ment or any other purpose, that additional pay shall not– 15
(1) be considered to be basic pay of the covered 16
employee for any purpose; or 17
(2) be used in computing a lump-sum payment 18
to the covered employee for accumulated and ac- 19
crued annual leave under section 5551 or section 20
5552 of title 5, United States Code, or other similar 21
provision of law. 22
(g) Not later than 45 days after the date of enact- 23
ment of this Act, the Secretary of the Interior and Sec- 24
retary of Agriculture shall jointly provide to the Commit- 25
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tees on Appropriations of the House of Representatives 1
and the Senate, the Senate Committee on Agriculture Nu- 2
trition and Forestry, the House of Representatives Com- 3
mittee on Agriculture, the Senate Committee on Energy 4
and Natural Resources, the House of Representatives 5
Committee on Natural Resources, Senate Committee on 6
Homeland Security and Governmental Affairs, and the 7
House of Representatives Committee on Oversight and 8
Reform, a framework to modernize the wildland fire- 9
fighting workforce beginning in fiscal year 2022. 10
TITLE VIII 11
DEPARTMENT OF TRANSPORTATION 12
FEDERAL AVIATION ADMINISTRATION 13
FACILITIES AND EQUIPMENT 14
For an additional amount for ”Facilities and Equip- 15
ment”, $100,000,000, to remain available until September 16
30, 2024, for necessary expenses related to the con- 17
sequences of Hurricane Ida. 18
FEDERAL H IGHWAY ADMINISTRATION 19
EMERGENCY RELIEF PROGRAM 20
For an additional amount for the ”Emergency Relief 21
Program” as authorized under section 125 of title 23, 22
United States Code, $2,600,000,000, to remain available 23
until expended. 24
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DEPARTMENT OF HOUSING AND URBAN 1
DEVELOPMENT 2
COMMUNITY PLANNING AND D EVELOPMENT 3
COMMUNITY DEVELOPMENT FUND 4
(INCLUDING TRANSFERS OF FUNDS) 5
For an additional amount for ”Community Develop- 6
ment Fund”, $5,000,000,000, to remain available until 7
expended, for necessary expenses for activities authorized 8
under title I of the Housing and Community Development 9
Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster 10
relief, long-term recovery, restoration of infrastructure 11
and housing, economic revitalization, and mitigation, in 12
the most impacted and distressed areas resulting from a 13
major disaster that occurred in 2020 or 2021 pursuant 14
to the Robert T. Stafford Disaster Relief and Emergency 15
Assistance Act (42 U.S.C. 5121 et seq.): Provided , That 16
amounts made available under this heading in this Act 17
shall be awarded directly to the State, unit of general local 18
government, or Indian tribe (as such term is defined in 19
section 102 of the Housing and Community Development 20
Act of 1974 (42 U.S.C. 5302)) at the discretion of the 21
Secretary: Provided further , That the Secretary shall allo- 22
cate, using the best available data, an amount equal to 23
the total estimate for unmet needs for qualifying disasters 24
under this heading in this Act: Provided further , That any 25
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final allocation for the total estimate for unmet need made 1
available under the preceding proviso shall include an ad- 2
ditional amount of 15 percent of such estimate for addi- 3
tional mitigation: Provided further , That of the amounts 4
made available under this heading in this Act, no less than 5
$1,610,000,000 shall be allocated for major declared dis- 6
asters that occurred in 2020 within 30 days of the date 7
of enactment of this Act: Provided further , That the Sec- 8
retary shall not prohibit the use of amounts made avail- 9
able under this heading in this Act for non-Federal share 10
as authorized by section 105(a)(9) of the Housing and 11
Community Development Act of 1974 (42 U.S.C. 12
5305(a)(9)): Provided further , That of the amounts made 13
available under this heading in this Act, grantees may es- 14
tablish grant programs to assist small businesses for work- 15
ing capital purposes to aid in recovery: Provided further , 16
That as a condition of drawing funds for any activity other 17
than general administration, the Secretary shall certify in 18
advance that such grantee has in place proficient financial 19
controls and procurement processes and has established 20
adequate procedures to prevent any duplication of benefits 21
as defined by section 312 of the Robert T. Stafford Dis- 22
aster Relief and Emergency Assistance Act (42 U.S.C. 23
5155), to ensure timely expenditure of funds, to maintain 24
comprehensive websites regarding all disaster recovery ac- 25
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tivities assisted with amounts made available under this 1
heading in this Act, and to detect and prevent waste, 2
fraud, and abuse of funds: Provided further , That with re- 3
spect to any such duplication of benefits, the Secretary 4
shall act in accordance with section 1210 of Public Law 5
115-254 (132 Stat. 3442) and section 312 of the Robert 6
T. Stafford Disaster Relief and Emergency Assistance Act 7
(42 U.S.C. 5155): Provided further , That the Secretary 8
shall require grantees to maintain on a public website in- 9
formation containing common reporting criteria estab- 10
lished by the Department that permits individuals and en- 11
tities awaiting assistance and the general public to see how 12
all grant funds are used, including copies of all relevant 13
procurement documents, including grantee administrative 14
contracts and details of ongoing procurement processes, 15
as determined by the Secretary: Provided further , That 16
prior to the obligation of funds a grantee shall submit a 17
plan to the Secretary for approval detailing the proposed 18
use of all funds, including criteria for eligibility and how 19
the use of these funds will address long-term recovery and 20
restoration of infrastructure and housing, economic revi- 21
talization, and mitigation in the most impacted and dis- 22
tressed areas: Provided further , That such funds may not 23
be used for activities reimbursable by, or for which funds 24
are made available by, the Federal Emergency Manage- 25
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ment Agency or the Army Corps of Engineers: Provided 1
further , That funds allocated under this heading in this 2
Act shall not be considered relevant to the non-disaster 3
formula allocations made pursuant to section 106 of the 4
Housing and Community Development Act of 1974 (42 5
U.S.C. 5306): Provided further , That a State, unit of gen- 6
eral local government, or Indian tribe may use up to 5 7
percent of its allocation for administrative costs related 8
to a major disaster under this heading in this Act and 9
for the same purposes in prior and future Acts and such 10
amounts shall be available for any eligible administrative 11
costs without regard to a particular disaster: Provided fur- 12
ther , That in administering the amounts made available 13
under this heading in this Act, the Secretary of Housing 14
and Urban Development may waive, or specify alternative 15
requirements for, any provision of any statute or regula- 16
tion that the Secretary administers in connection with the 17
obligation by the Secretary or the use by the recipient of 18
these funds (except for requirements related to fair hous- 19
ing, nondiscrimination, labor standards, and the environ- 20
ment), if the Secretary finds that good cause exists for 21
the waiver or alternative requirement and such waiver or 22
alternative requirement would not be inconsistent with the 23
overall purpose of title I of the Housing and Community 24
Development Act of 1974: Provided further , That, notwith- 25
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standing the preceding proviso, recipients of funds pro- 1
vided under this heading in this Act that use such funds 2
to supplement Federal assistance provided under section 3
402, 403, 404, 406, 407, 408(c)(4), or 502 of the Robert 4
T. Stafford Disaster Relief and Emergency Assistance Act 5
(42 U.S.C. 5121 et seq.) may adopt, without review or 6
public comment, any environmental review, approval, or 7
permit performed by a Federal agency, and such adoption 8
shall satisfy the responsibilities of the recipient with re- 9
spect to such environmental review, approval or permit: 10
Provided further , That, notwithstanding section 104(g)(2) 11
of the Housing and Community Development Act of 1974 12
(42 U.S.C. 5304(g)(2)), the Secretary or a State may, 13
upon receipt of a request for release of funds and certifi- 14
cation, immediately approve the release of funds for an 15
activity or project assisted under this heading in this Act 16
if the recipient has adopted an environmental review, ap- 17
proval or permit under the preceding proviso or the activ- 18
ity or project is categorically excluded from review under 19
the National Environmental Policy Act of 1969 (42 U.S.C. 20
4321 et seq.): Provided further , That the Secretary shall 21
publish via notice in the Federal Register or on the website 22
of the Department any waiver, or alternative requirement, 23
to any statute or regulation that the Secretary administers 24
pursuant to title I of the Housing and Community Devel- 25
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opment Act of 1974 no later than 5 days before the effec- 1
tive date of such waiver or alternative requirement: Pro- 2
vided further , That the Secretary is authorized to approve 3
the use of amounts made available under this heading in 4
this Act or a prior or future Act for activities authorized 5
under title I of the Housing and Community Development 6
Act of 1974 (42 U.S.C. 5301 et seq.) related to unmet 7
recovery needs in the most impacted and distressed areas 8
resulting from a major disaster in this Act or in a prior 9
or future Act to be used interchangeably and without limi- 10
tation for the same activities in the most impacted and 11
distressed areas resulting from other major disasters as- 12
sisted under this Act or a prior or future Act when such 13
areas overlap and when the use of the funds will address 14
unmet recovery needs of both disasters: Provided further , 15
That, until the Secretary publishes a Federal Register No- 16
tice establishing the requirements for the previous proviso, 17
grantees that received grants under the same heading for 18
2017, 2018 or 2019 disasters may submit for approval 19
revised plans for the use of funds related to those major 20
disasters to expand the eligible beneficiaries of existing 21
programs contained in such previously approved plans to 22
include those impacted by disasters in 2020 or 2021: Pro- 23
vided further , That of the amounts made available under 24
this heading in this Act, up to $7,000,000 shall be made 25
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available for capacity building and technical assistance, in- 1
cluding assistance on contracting and procurement, to 2
support States, units of general local government, or In- 3
dian tribes, and subrecipients that receive allocations for 4
disaster recovery pursuant to the authority under this 5
heading in this Act and allocations for disaster recovery 6
in any prior or future Acts: Provided further , That of the 7
amounts made available under this heading in this Act, 8
up to $5,500,000 shall be transferred to ”Department of 9
Housing and Urban Development–Program Office Sala- 10
ries and Expenses–Community Planning and Develop- 11
ment” for necessary costs, including information tech- 12
nology costs, of administering and overseeing the obliga- 13
tion and expenditure of amounts made available under the 14
heading ”Community Development Fund” in this Act or 15
any prior or future Act that makes amounts available for 16
purposes related to major disasters under such heading. 17
TITLE IX 18
GENERAL PROVISIONS–THIS ACT 19
SEC . 1901. Each amount appropriated or made avail- 20
able by this Act is in addition to amounts otherwise appro- 21
priated for the fiscal year involved. 22
SEC . 1902. No part of any appropriation contained 23
in this Act shall remain available for obligation beyond 24
the current fiscal year unless expressly so provided herein. 25
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SEC . 1903. Unless otherwise provided for by this Act, 1
the additional amounts appropriated by this Act to appro- 2
priations accounts shall be available under the authorities 3
and conditions applicable to such appropriations accounts 4
for fiscal year 2022. 5
SEC . 1904. Each amount provided by this division is 6
designated by the Congress as being for an emergency re- 7
quirement pursuant to section 4001(a)(1) and section 8
4001(b) of S. Con. Res. 14 (117th Congress), the concur- 9
rent resolution on the budget for fiscal year 2022. 10
This division may be cited as the ”Disaster Relief 11
Supplemental Appropriations Act, 2022”. 12
DIVISION C–AFGHANISTAN SUPPLE- 13
MENTAL APPROPRIATIONS ACT, 2022 14
The following sums are appropriated, out of any 15
money in the Treasury not otherwise appropriated, for the 16
fiscal year ending September 30, 2022, and for other pur- 17
poses, namely: 18
TITLE I 19
DEPARTMENT OF JUSTICE 20
FEDERAL BUREAU OF INVESTIGATION 21
SALARIES AND EXPENSES 22
For an additional amount for ”Salaries and Ex- 23
penses”, $50,000,000, to remain available until September 24
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30, 2022, for investigative activities associated with Af- 1
ghan resettlement operations. 2
TITLE II 3
DEPARTMENT OF DEFENSE 4
OPERATION AND MAINTENANCE 5
OVERSEAS H UMANITARIAN , D ISASTER , AND CIVIC AID 6
For an additional amount for ”Overseas Humani- 7
tarian, Disaster, and Civic Aid”, $2,200,000,000, to re- 8
main available until September 30, 2023, for support of 9
Operation Allies Welcome by the Department of Defense. 10
GENERAL PROVISIONS–THIS TITLE 11
SEC . 2201. Not later than 30 days after the date of 12
enactment of this Act, and every 30 days thereafter 13
through fiscal year 2022, the Secretary of Defense shall 14
provide a written report to the congressional defense com- 15
mittees describing the execution of funds provided in this 16
title, including the amounts obligated and expended, in 17
total and since the previous report; the nature of the costs 18
incurred or services provided by such funds; and any reim- 19
bursements or funds transferred by another Federal agen- 20
cy to the Department of Defense which relates to the pur- 21
pose of the funds provided by this title. 22
SEC . 2202. Notwithstanding any other provision of 23
law, funds provided by this title shall only be for the pur- 24
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poses specified, and shall not be subject to any transfer 1
authority provided by law. 2
SEC . 2203. The Inspector General of the Department 3
of Defense shall carry out reviews of the activities of the 4
Department of Defense to transport and care for Afghans, 5
including but not limited to, the humane treatment and 6
living conditions of Afghans at any Department of Defense 7
facility; the use of funds by the Department of Defense 8
to support such persons, including the monitoring of po- 9
tential waste, fraud, or abuse of such funds; and any re- 10
lated issues that the Inspector General may direct: Pro- 11
vided , That the Inspector General shall provide to the con- 12
gressional defense committees periodic updates on such 13
oversight efforts and a written report to such committees 14
not later than 60 days after the date of enactment of this 15
Act. 16
SEC . 2204. Title IX of division C of Public Law 116- 17
260 is amended under the heading ”Afghanistan Security 18
Forces Fund” by inserting the following before the penul- 19
timate proviso: ” Provided further , That the Secretary of 20
Defense may obligate and expend funds made available 21
under this heading for costs associated with the termi- 22
nation of contracts previously funded with amounts pro- 23
vided under this heading in prior Acts, and to pay valid 24
invoices in satisfaction of liabilities under such contracts 25
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for which the applicable prior appropriation cannot be 1
identified:”. 2
SEC . 2205. Not later than 90 days after the date of 3
enactment of this Act, the Secretary of Defense, in con- 4
sultation with the Service Secretaries and the Commander 5
of United States Central Command, shall submit to the 6
congressional defense committees a report regarding the 7
disposition of United States property, equipment, and sup- 8
plies, including property, equipment, and supplies pro- 9
vided to the Afghanistan National Security Forces, which 10
were destroyed, taken out of Afghanistan, or remain in 11
Afghanistan in connection with the United States military 12
withdrawal: Provided , That such report shall include infor- 13
mation on the future plans of the Department of Defense 14
regarding any such items. 15
TITLE III 16
DEPARTMENT OF HEALTH AND HUMAN 17
SERVICES 18
CENTERS FOR D ISEASE CONTROL AND PREVENTION 19
CDC -WIDE ACTIVITIES AND PROGRAM SUPPORT 20
For an additional amount for ”CDC-Wide Activities 21
and Program Support”, $21,500,000, for support of Oper- 22
ation Allies Welcome, to remain available until September 23
30, 2022, for medical support, screening, and other re- 24
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lated public health activities related to Afghan arrivals and 1
refugees. 2
ADMINISTRATION FOR CHILDREN AND FAMILIES 3
REFUGEE AND ENTRANT ASSISTANCE 4
For an additional amount for ”Refugee and Entrant 5
Assistance”, $1,680,000,000, to remain available until 6
September 30, 2023, for support of Operation Allies Wel- 7
come for carrying out refugee and entrant assistance ac- 8
tivities in support of citizens or nationals of Afghanistan 9
paroled into the United States under section 212(d)(5) of 10
the Immigration and Nationality Act and citizens or na- 11
tionals of Afghanistan for whom such refugee and entrant 12
assistance activities are authorized: Provided , That 13
amounts made available under this heading in this Act 14
may be used for grants or contracts with qualified non- 15
profit organizations to provide culturally and linguistically 16
appropriate services, including wrap-around services dur- 17
ing temporary housing and after resettlement, housing as- 18
sistance, medical assistance, legal assistance, and case 19
management assistance: Provided further , That the Direc- 20
tor of the Office of Refugee Resettlement, in carrying out 21
section 412(c)(1)(A) of the Immigration and Nationality 22
Act with amounts made available under this heading in 23
this Act, may allocate such amounts among the States in 24
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a manner that accounts for the most current data avail- 1
able. 2
CHILDREN AND FAMILIES SERVICES PROGRAMS 3
For an additional amount for ”Children and Families 4
Services Programs”, $7,773,000, to remain available until 5
September 30, 2022, for support of Operation Allies Wel- 6
come for necessary administrative expenses to carry out 7
refugee and entrant assistance activities in support of citi- 8
zens or nationals of Afghanistan. 9
GENERAL PROVISION–THIS TITLE 10
SEC . 2301. (a) Not later than 45 days after the date 11
of enactment of this Act, the Secretary of Health and 12
Human Services, the Secretary of State, and the Secretary 13
of Homeland Security shall jointly submit a strategy on 14
Afghan evacuee resettlement to the appropriate congres- 15
sional committees and leadership describing agency roles 16
and responsibilities, vetting, immigration status of each 17
Afghan, and anticipated costs associated with imple- 18
menting such strategy. 19
(b) D EFINITION OF AFGHAN EVACUEE .–In this sec- 20
tion, the term ”Afghan evacuee” means a person whose 21
evacuation from Afghanistan to the United States, or a 22
location overseas controlled by the United States, was fa- 23
cilitated by the United States as part of Operation Allies 24
Refuge. 25
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TITLE IV 1
DEPARTMENT OF STATE 2
ADMINISTRATION OF FOREIGN AFFAIRS 3
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR 4
SERVICE 5
For an additional amount for ”Emergencies in the 6
Diplomatic and Consular Service”, $276,900,000, to re- 7
main available until expended, for support for Operation 8
Allies Welcome and related efforts by the Department of 9
State, including additional relocations of individuals at 10
risk as a result of the situation in Afghanistan and related 11
expenses, and to reimburse the account under this heading 12
in prior acts making appropriations for the Department 13
of State, foreign operations, and related programs for obli- 14
gations previously incurred. 15
BILATERAL ECONOMIC ASSISTANCE 16
FUNDS APPROPRIATED TO THE PRESIDENT 17
INTERNATIONAL DISASTER ASSISTANCE 18
For an additional amount for ”International Disaster 19
Assistance”, $400,000,000, to remain available until ex- 20
pended, to address humanitarian needs in Afghanistan 21
and the region impacted by the situation in Afghanistan. 22
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D EPARTMENT OF STATE 1
MIGRATION AND REFUGEE ASSISTANCE 2
For an additional amount for ”Migration and Ref- 3
ugee Assistance”, $415,000,000, to remain available until 4
expended, to address humanitarian needs in, and to assist 5
refugees from, Afghanistan. 6
UNITED STATES EMERGENCY REFUGEE AND MIGRATION 7
ASSISTANCE FUND 8
For an additional amount for ”United States Emer- 9
gency Refugee and Migration Assistance Fund”, 10
$1,076,100,000, to remain available until expended, not- 11
withstanding section 2(c)(2) of the Migration and Refugee 12
Assistance Act of 1962 (22 U.S.C. 2601(c)(2)), of which 13
$976,100,000 is for support for Operation Allies Welcome 14
and related efforts by the Department of State, including 15
additional relocations of individuals at risk as a result of 16
the situation in Afghanistan and related expenses, and 17
$100,000,000 is to respond to other unexpected and ur- 18
gent humanitarian emergencies. 19
GENERAL PROVISIONS–THIS TITLE 20
SEC . 2401. During fiscal years 2022 and 2023, not- 21
withstanding any applicable restrictions on the ability of 22
the Department of State and the United States Agency 23
for International Development to enter into personal serv- 24
ices contracts, including section 704 of the Financial Serv- 25
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ices and General Government Appropriations Act, 2021 1
(division E of Public Law 116-260) as continued by sec- 2
tion 101 of division A of this Act (and any successor provi- 3
sion in a subsequently enacted appropriations Act), the 4
authorities of section 2(c) of the State Department Basic 5
Authorities Act of 1956 (22 U.S.C. 2669(c)), section 6
636(a)(3) of the Foreign Assistance Act of 1961 (22 7
U.S.C. 2396(a)(3)), and section 5(a)(6) of the Migration 8
and Refugee Assistance Act of 1962 (22 U.S.C. 9
2605(a)(6)) may be exercised, without regard to the geo- 10
graphic limitations referenced therein, particularly to 11
enter into, extend, and maintain contracts with individuals 12
who have served as locally employed staff of the United 13
States mission in Afghanistan. 14
SEC . 2402. The Secretary of State, in consultation 15
with the Administrator of the United States Agency for 16
International Development, shall submit to the Commit- 17
tees on Appropriations, not later than 45 days after the 18
date of enactment of this Act, a report on the proposed 19
uses of funds appropriated by this title under the headings 20
”Emergencies in the Diplomatic and Consular Service” 21
and ”United States Emergency Refugee and Migration 22
Assistance Fund”, by program, project, and activity, for 23
which the obligation of funds is anticipated: Provided , 24
That such report shall be updated (including any changes 25
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in proposed uses from the initial plan) and submitted to 1
the Committees on Appropriations every 45 days until 2
September 30, 2023. 3
SEC . 2403. Not later than 45 days after the date of 4
enactment of this Act, the Secretary of State, in consulta- 5
tion with the Secretary of Homeland Security and the 6
heads of other relevant Federal agencies, shall submit to 7
the Committees on Appropriations a report on the status 8
of the Priority 2 (P-2) designation granting United States 9
Refugee Admissions Program (USRAP) access for certain 10
at risk Afghan nationals and their eligible family members 11
that was announced by the Department of State on Au- 12
gust 2, 2021: Provided , That such report shall include the 13
approximate number of Afghan nationals and their eligible 14
family members who have been referred to the program, 15
the number of Afghan nationals who have contacted a Re- 16
settlement Support Center to begin processing of their P- 17
2 referral, the estimated time for processing such applica- 18
tions, an assessment of the obstacles facing P-2 eligible 19
individuals seeking to leave Afghanistan, and a plan for 20
augmenting personnel needed for refugee processing or 21
humanitarian parole: Provided further , That such report 22
shall be submitted in unclassified form, but may be accom- 23
panied by a classified annex. 24
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SEC . 2404. None of the funds appropriated in this 1
title and made available for assistance for Afghanistan 2
may be made available for direct assistance to the Taliban. 3
TITLE V 4
GENERAL PROVISIONS–THIS ACT 5
SEC . 2501. In addition to amounts otherwise made 6
available, there is appropriated for ”U.S. Citizenship and 7
Immigration Services–Immigration Examinations Fee 8
Account”, $193,000,000, to remain available until ex- 9
pended, for necessary expenses in support of Operation Al- 10
lies Welcome, to be deposited and used as provided in sec- 11
tion 286(n) of the Immigration and Nationality Act (8 12
U.S.C. 1356(n)): Provided , That such amounts shall be 13
in addition to any other amounts made available for such 14
purposes and shall not be construed to require any reduc- 15
tion of any fee described in section 286(m) of the Immi- 16
gration and Nationality Act (8 U.S.C. 1356(m)): Provided 17
further , That amounts provided in this section shall only 18
be for the purposes specified, and notwithstanding any 19
other provision of law are not available for non-expendi- 20
ture transfer or reprogramming: Provided further , That 21
within 15 days of the date of enactment of this Act, U.S. 22
Citizenship and Immigration Services shall provide to the 23
Committees on Appropriations and the Committees on the 24
Judiciary of the Senate and the House of Representatives 25
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an expenditure plan for the funds provided under this 1
paragraph, and every 30 days thereafter shall provide up- 2
dated execution data to such Committees for such funds: 3
Provided further , That the reporting requirement in the 4
previous proviso shall end on September 30, 2026. 5
SEC . 2502. (a) I N GENERAL .–Notwithstanding any 6
other provision of law, a citizen or national of Afghanistan 7
(or a person with no nationality who last habitually re- 8
sided in Afghanistan) shall be eligible for the benefits de- 9
scribed in subsections (b) and (c) if– 10
(1) such individual completed security and law 11
enforcement background checks to the satisfaction of 12
the Secretary of Homeland Security and was subse- 13
quently– 14
(A) paroled into the United States between 15
July 31, 2021, and September 30, 2022; or 16
(B) paroled into the United States after 17
September 30, 2022, and– 18
(i) is the spouse or child (as such 19
term is defined under section 101(b) of the 20
Immigration and Nationality Act (8 U.S.C. 21
1101(b)) of an individual described in sub- 22
paragraph (A); or 23
(ii) is the parent or legal guardian of 24
an individual described in subparagraph 25
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(A) who is determined to be an unaccom- 1
panied child under 6 U.S.C. 279(g)(2); 2
and 3
(2) such individual’s parole has not been termi- 4
nated by the Secretary of Homeland Security. 5
(b) B ENEFITS .–An individual described in sub- 6
section (a) shall be eligible for– 7
(1) resettlement assistance, entitlement pro- 8
grams, and other benefits available to refugees ad- 9
mitted under section 207 of the Immigration and 10
Nationality Act (8 U.S.C. 1157) until March 31, 11
2023, or the term of parole granted under sub- 12
section (a), whichever is later; 13
(2) services described under section 412(d)(2) 14
of the Immigration and Nationality Act (8 U.S.C. 15
1522(d)(2)), subject to subparagraph (B) of such 16
section, if such individual is an unaccompanied alien 17
child as defined under 6 U.S.C. 279(g)(2); and 18
(3) a driver’s license or identification card 19
under section 202 of the REAL ID Act of 2005 (di- 20
vision B of Public Law 109-13; 49 U.S.C. 30301 21
note), notwithstanding subsection (c)(2)(B) of such 22
Act. 23
(c) E XPEDITIOUS ADJUDICATION OF ASYLUM APPLI – 24
CATIONS .–With respect to an application for asylum 25
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under section 208 of the Immigration and Nationality Act 1
(8 U.S.C. 1158) filed by an individual described in sub- 2
section (a), the Secretary of Homeland Security shall– 3
(1) conduct the initial interview on the asylum 4
application not later than 45 days after the date on 5
which the application is filed; and 6
(2) in the absence of exceptional circumstances, 7
issue a final administrative adjudication on the asy- 8
lum application within 150 days after the date the 9
application is filed. 10
(d) C LARIFICATION .–Notwithstanding any other 11
provision of law, nothing in this act shall be interpreted 12
to– 13
(1) preclude an individual described in sub- 14
section (a), from applying for or receiving any immi- 15
gration benefits to which such individual is otherwise 16
eligible; or 17
(2) entitle a person described in subsection (a) 18
to lawful permanent resident status. 19
(e) R EPORT .–Not later than 120 days after the date 20
of enactment of this Act, and every 3 months thereafter, 21
the Secretary of Homeland Security, in consultation with 22
the Secretary of Defense and the Secretary of State, shall 23
submit a report to Congress detailing the number of indi- 24
viduals described in subsection (a); the number of individ- 25
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uals receiving benefits in subsection (b), including their 1
eligibility for benefits as refugees notwithstanding this 2
Act; and any other information deemed relevant by the 3
Secretary. 4
REPORTING REQUIREMENT 5
SEC . 2503. (a) I N GENERAL .–Not later than 60 6
days after the date of the enactment of this Act, and quar- 7
terly thereafter through September 30, 2023, the Sec- 8
retary of Homeland Security, in coordination with the 9
head of any other applicable Federal agency, shall submit 10
to Congress a report that includes the elements described 11
in subsection (b). 12
(b) E LEMENTS .–The report required by subsection 13
(a) shall include the following: 14
(1) A summary of the status of Afghan evac- 15
uees, including– 16
(A) the number of the Afghan evacuees 17
present in the United States, located at over- 18
seas bases of the United States Armed Forces, 19
or located in third countries who are not located 20
at such a base including– 21
(i) the number who are U.S. lawful 22
permanent residents; 23
(ii) the number who are Special Immi- 24
grant Visa holders; 25
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(iii) the number who are Special Im- 1
migrant Visa applicants; 2
(iv) the number who are in possession 3
of a valid nonimmigrant visa to enter the 4
United States; 5
(v) the number who are employees of 6
a U.S. Government agency; 7
(vi) the number who are employees of 8
a U.S. funded partner organization, media, 9
or non-profit; 10
(vii) the number of Priority 1 refugee 11
referrals; 12
(viii) the number of Priority 2 refugee 13
referrals; 14
(ix) the number who have been relo- 15
cated from the United States to a third 16
country, and the country to which they 17
were relocated; and 18
(x) the number who do not fall into 19
any of the above categories; 20
(B) the number of Afghan evacuees at 21
overseas bases or other official staging areas 22
who have been flagged as potential security con- 23
cerns or risks or included on the United States 24
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no-fly list and who were therefore denied clear- 1
ance to enter the United States; and 2
(C) the number of the Afghan evacuees 3
who have been paroled into the United States– 4
(i) the number whose parole was ter- 5
minated; and 6
(ii) the number whose parole has been 7
extended. 8
(2) The number of Afghan evacuees who have 9
been interviewed by U.S. Citizenship and Immigra- 10
tion Services in connection with an application or pe- 11
tition for immigration benefits, including– 12
(A) the number of such interviews con- 13
ducted since the United States withdrawal; 14
(B) the rate at which individuals were 15
granted or refused the benefits that formed the 16
basis for such interviews; 17
(C) the number of individuals who did not 18
appear at a scheduled interview; and 19
(D) a description of the procedures for 20
screening for and detecting child marriage, 21
human trafficking, gender-based violence, and 22
marriages entered into or relationships as 23
fiancee or fiance claimed for the sole purpose of 24
securing evacuation. 25
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(3) For each Federal department and agency 1
involved in Operation Allies Welcome– 2
(A) as of the date of the report, the costs 3
incurred; and 4
(B) an identification of the source of ap- 5
propriated or other funds used to fund the ef- 6
fort. 7
(c) D EFINITION OF AFGHAN EVACUEE .–In this sec- 8
tion, the term ”Afghan evacuee” means a person whose 9
evacuation from Afghanistan to the United States, or a 10
location overseas controlled by the United States, was fa- 11
cilitated by the United States as part of Operation Allies 12
Refuge. 13
SEC . 2504. Each amount appropriated or made avail- 14
able by this Act is in addition to amounts otherwise appro- 15
priated for the fiscal year involved. 16
SEC . 2505. No part of any appropriation contained 17
in this Act shall remain available for obligation beyond 18
the current fiscal year unless expressly so provided herein. 19
SEC . 2506. Unless otherwise provided for by this Act, 20
the additional amounts appropriated by this Act to appro- 21
priations accounts shall be available under the authorities 22
and conditions applicable to such appropriations accounts 23
for fiscal year 2022. 24
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SEC . 2507. Each amount provided by this division is 1
designated by the Congress as being for an emergency re- 2
quirement pursuant to section 4001(a)(1) and section 3
4001(b) of S. Con. Res. 14 (117th Congress), the concur- 4
rent resolution on the budget for fiscal year 2022. 5
This division may be cited as the ”Afghanistan Sup- 6
plemental Appropriations Act, 2022”. 7
DIVISION D–OTHER MATTERS 8
TITLE I–EXTENSIONS, TECH- 9
NICAL CORRECTIONS, AND 10
OTHER MATTERS 11
SEC. 3101. EXTENSION OF AUTHORITY TO MAKE CERTAIN 12
APPOINTMENTS FOR NATIONAL DISASTER 13
MEDICAL SYSTEM. 14
Section 2812(c)(4)(B) of the Public Health Service 15
Act (42 U.S.C. 300hh-11(c)(4)(B)) is amended by strik- 16
ing ”September 30, 2021” and inserting ”December 3, 17
2021”. 18
SEC. 3102. EXTENDING CERTAIN WAIVER AUTHORITIES. 19
(a) N ATIONAL SCHOOL LUNCH PROGRAM REQUIRE – 20
MENT W AIVERS ADDRESSING COVID-19.–Section 21
2202(e) of the Families First Coronavirus Response Act 22
(Public Law 116-127; 42 U.S.C. 1760 note) is amended 23
by striking ”September 30, 2021” and inserting ”June 24
September 28, 2021 (11:06 a.m.)
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30, 2022: Provided , That such waivers shall only apply 1
to school year 2021-2022”. 2
(b) F UNDING .–There are hereby appropriated, out 3
of any funds in the Treasury not otherwise appropriated, 4
such sums as may be necessary to carry out this section. 5
SEC. 3103. EXTENSION OF ADDITIONAL SPECIAL ASSESS- 6
MENT. 7
Section 3014(a) of title 18, United States Code, is 8
amended by striking ”September 30, 2021” and inserting 9
”December 31, 2021”. 10
SEC. 3104. EXTENSION OF TEMPORARY ORDER FOR 11
FENTANYL-RELATED SUBSTANCES. 12
Effective as if included in the enactment of the Tem- 13
porary Reauthorization and Study of the Emergency 14
Scheduling of Fentanyl Analogues Act (Public Law 116- 15
114), section 2 of such Act (as amended by Public Law 16
117-12) is amended by striking ”October 22, 2021” and 17
inserting ”January 28, 2022”. 18
SEC. 3105. EXTENDING THE INCREASED FEDERAL MEDICAL 19
ASSISTANCE PERCENTAGE FOR TERRI- 20
TORIES. 21
(a) I N GENERAL .–Section 1905(ff) of the Social Se- 22
curity Act (42 U.S.C. 1396d(ff)) is amended– 23
(1) in paragraph (2), by striking ”September 24
30, 2021” and inserting ”December 3, 2021” ; and 25
September 28, 2021 (11:06 a.m.)
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(2) in paragraph (3), by striking ”September 1
30, 2021” and inserting ”December 3, 2021”. 2
(b) GAO R EVIEW .–Not later than November 15, 3
2021, the Comptroller General of the United States shall 4
review the determination of the allotment for Puerto Rico 5
for fiscal year 2022 under section 1108(g) of the Social 6
Security Act (42 U.S.C. 1308(g)), and include in the re- 7
view the legal opinion of the Comptroller General on the 8
most plausible plain reading of how such fiscal year 2022 9
allotment level should be calculated. 10
SEC. 3106. MEDICARE IMPROVEMENT FUND. 11
Section 1898(b)(1) of the Social Security Act (42 12
U.S.C. 1395iii(b)(1)) is amended by striking 13
”$165,000,000” and inserting ”$69,000,000”. 14
TITLE II–BUDGETARY EFFECTS 15
SEC. 3201. BUDGETARY EFFECTS. 16
(a) S TATUTORY PAYGO S CORECARDS .–The budg- 17
etary effects of this division shall not be entered on either 18
PAYGO scorecard maintained pursuant to section 4(d) of 19
the Statutory Pay-As-You-Go Act of 2010. 20
(b) S ENATE PAYGO S CORECARDS .–The budgetary 21
effects of this division shall not be entered on any PAYGO 22
scorecard maintained for purposes of section 4106 of H. 23
Con. Res. 71 (115th Congress). 24
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(c) C LASSIFICATION OF BUDGETARY EFFECTS .– 1
Notwithstanding Rule 3 of the Budget Scorekeeping 2
Guidelines set forth in the joint explanatory statement of 3
the committee of conference accompanying Conference Re- 4
port 105-217 and section 250(c)(8) of the Balanced 5
Budget and Emergency Deficit Control Act of 1985, the 6
budgetary effects of this division shall not be estimated– 7
(1) for purposes of section 251 of such Act; 8
(2) for purposes of an allocation to the Com- 9
mittee on Appropriations pursuant to section 302(a) 10
of the Congressional Budget Act of 1974; and 11
(3) for purposes of paragraph (4)(C) of section 12
3 of the Statutory Pay-As-You-Go Act of 2010 as 13
being included in an appropriation Act. 14
September 28, 2021 (11:06 a.m.)