H.R. 5305, An Act making continuing appropriations for the fiscal year ending September 30, 2022 — In the Senate
Summary
This is a Senate resolution of September 30, 2021 on the bill from the House (H.R. 5305) entitled “An Act making continuing appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance, and for other purposes.” It resolves that the bill do pass with an amendment striking all after the enacting clause and inserting new text. Section 1 gives the short title as the Extending Government Funding and Delivering Emergency Assistance Act. The table of contents lists Division A, Continuing Appropriations Act, 2022, Division B, Disaster Relief Supplemental Appropriations Act, 2022, and Division C, Afghanistan Supplemental Appropriations Act, 2022.
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“H.R. 5305, An Act making continuing appropriations for the fiscal year ending September 30, 2022 — In the Senate.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-117hr5305eas-bills-117hr5305eas/
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In the Senate of the United States,
September 30, 2021.
Resolved, That the bill from the House of Representa-
tives (H.R. 5305) entitled ‘‘An Act making continuing appro-
priations for the fiscal year ending September 30, 2022, and
for providing emergency assistance, and for other purposes.’’,
do pass with the following
AMENDMENT:
Strike all after the enacting clause and insert the
following:
1 SECTION 1. SHORT TITLE.
2 This Act may be cited as the ‘‘Extending Government
3 Funding and Delivering Emergency Assistance Act’’.
4 SEC. 2. TABLE OF CONTENTS.
Sec. 1. Short Title
Sec. 2. Table of Contents.
Sec. 3. References.
2
DIVISION A—CONTINUING APPROPRIATIONS ACT, 2022
DIVISION B—DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS
ACT, 2022
DIVISION C—AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT,
2022
DIVISION D—OTHER MATTERS
Title I—Extensions, Technical Corrections, and Other Matters
Title II—Budgetary Effects
1 SEC. 3. REFERENCES.
2 Except as expressly provided otherwise, any reference
3 to ‘‘this Act’’ contained in any division of this Act shall
4 be treated as referring only to the provisions of that divi-
5 sion.
6 DIVISION A—CONTINUING
7 APPROPRIATIONS ACT, 2022
8 The following sums are hereby appropriated, out of
9 any money in the Treasury not otherwise appropriated,
10 and out of applicable corporate or other revenues, receipts,
11 and funds, for the several departments, agencies, corpora-
12 tions, and other organizational units of Government for fis-
13 cal year 2022, and for other purposes, namely:
14 SEC. 101. Such amounts as may be necessary, at a
15 rate for operations as provided in the applicable appropria-
16 tions Acts for fiscal year 2021 and under the authority and
17 conditions provided in such Acts, for continuing projects
18 or activities (including the costs of direct loans and loan
19 guarantees) that are not otherwise specifically provided for
20 in this Act, that were conducted in fiscal year 2021, and
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1 for which appropriations, funds, or other authority were
2 made available in the following appropriations Acts:
3 (1) The Agriculture, Rural Development, Food
4 and Drug Administration, and Related Agencies Ap-
5 propriations Act, 2021 (division A of Public Law
6 116–260), except section 799D, and including title IV
7 of division O of Public Law 116–260.
8 (2) The Commerce, Justice, Science, and Related
9 Agencies Appropriations Act, 2021 (division B of
10 Public Law 116–260), except the proviso in section
11 541 and sections 542 and 543.
12 (3) The Department of Defense Appropriations
13 Act, 2021 (division C of Public Law 116–260).
14 (4) The Energy and Water Development and Re-
15 lated Agencies Appropriations Act, 2021 (division D
16 of Public Law 116–260), except the last proviso under
17 the heading ‘‘Department of Energy—Energy Pro-
18 grams—Science’’, the last two provisos under the
19 heading ‘‘Department of Energy—Energy Pro-
20 grams—Title 17 Innovative Technology Loan Guar-
21 antee Program’’, and the two provisos under the head-
22 ing ‘‘Department of Energy—Energy Programs—Ad-
23 vanced Technology Vehicles Manufacturing Loan Pro-
24 gram’’.
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1 (5) The Financial Services and General Govern-
2 ment Appropriations Act, 2021 (division E of Public
3 Law 116–260), except the matter under the heading
4 ‘‘Presidential Transition Administrative Support’’ in
5 title II, the matter under the heading ‘‘General Serv-
6 ices Administration—Expenses, Presidential Transi-
7 tion’’ in title V, the proviso and the amount specified
8 in such proviso under the heading ‘‘District of Colum-
9 bia—Federal Funds—Federal Payment for Emer-
10 gency Planning and Security Costs in the District of
11 Columbia’’ in title IV, and title IX.
12 (6) The Department of Homeland Security Ap-
13 propriations Act, 2021 (division F of Public Law
14 116–260), except section 538, and including sections
15 101 through 103 and section 105 of title I of division
16 O of Public Law 116–260.
17 (7) The Department of the Interior, Environ-
18 ment, and Related Agencies Appropriations Act, 2021
19 (division G of Public Law 116–260).
20 (8) The Departments of Labor, Health and
21 Human Services, and Education, and Related Agen-
22 cies Appropriations Act, 2021 (division H of Public
23 Law 116–260), except sections 118 and 533.
24 (9) The Legislative Branch Appropriations Act,
25 2021 (division I of Public Law 116–260), except sec-
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1 tions 211 and 213, and including section 7 of Public
2 Law 116–260.
3 (10) The Military Construction, Veterans Affairs,
4 and Related Agencies Appropriations Act, 2021 (divi-
5 sion J of Public Law 116–260), except sections 514,
6 515, and 517.
7 (11) The Department of State, Foreign Oper-
8 ations, and Related Programs Appropriations Act,
9 2021 (division K of Public Law 116–260), except title
10 IX other than sections 9001 and 9002 and the matter
11 preceding the first proviso and the first proviso under
12 the heading ‘‘Consular and Border Security Pro-
13 grams’’.
14 (12) The Transportation, Housing and Urban
15 Development, and Related Agencies Appropriations
16 Act, 2021 (division L of Public Law 116–260), except
17 sections 420 and 421.
18 SEC. 102. (a) No appropriation or funds made avail-
19 able or authority granted pursuant to section 101 for the
20 Department of Defense shall be used for:
21 (1) the new production of items not funded for
22 production in fiscal year 2021 or prior years;
23 (2) the increase in production rates above those
24 sustained with fiscal year 2021 funds; or
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1 (3) The initiation, resumption, or continuation
2 of any project, activity, operation, or organization
3 (defined as any project, subproject, activity, budget
4 activity, program element, and subprogram within a
5 program element, and for any investment items de-
6 fined as a P–1 line item in a budget activity within
7 an appropriation account and an R–1 line item that
8 includes a program element and subprogram element
9 within an appropriation account) for which appro-
10 priations, funds, or other authority were not available
11 during fiscal year 2021.
12 (b) No appropriation or funds made available or au-
13 thority granted pursuant to section 101 for the Department
14 of Defense shall be used to initiate multi-year procurements
15 utilizing advance procurement funding for economic order
16 quantity procurement unless specifically appropriated
17 later.
18 SEC. 103. Appropriations made by section 101 shall
19 be available to the extent and in the manner that would
20 be provided by the pertinent appropriations Act.
21 SEC. 104. Except as otherwise provided in section 102,
22 no appropriation or funds made available or authority
23 granted pursuant to section 101 shall be used to initiate
24 or resume any project or activity for which appropriations,
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1 funds, or other authority were not available during fiscal
2 year 2021.
3 SEC. 105. Appropriations made and authority granted
4 pursuant to this Act shall cover all obligations or expendi-
5 tures incurred for any project or activity during the period
6 for which funds or authority for such project or activity
7 are available under this Act.
8 SEC. 106. Unless otherwise provided for in this Act
9 or in the applicable appropriations Act for fiscal year 2022,
10 appropriations and funds made available and authority
11 granted pursuant to this Act shall be available until which-
12 ever of the following first occurs:
13 (1) The enactment into law of an appropriation
14 for any project or activity provided for in this Act.
15 (2) The enactment into law of the applicable ap-
16 propriations Act for fiscal year 2022 without any
17 provision for such project or activity.
18 (3) December 3, 2021.
19 SEC. 107. Expenditures made pursuant to this Act
20 shall be charged to the applicable appropriation, fund, or
21 authorization whenever a bill in which such applicable ap-
22 propriation, fund, or authorization is contained is enacted
23 into law.
24 SEC. 108. Appropriations made and funds made avail-
25 able by or authority granted pursuant to this Act may be
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1 used without regard to the time limitations for submission
2 and approval of apportionments set forth in section 1513
3 of title 31, United States Code, but nothing in this Act may
4 be construed to waive any other provision of law governing
5 the apportionment of funds.
6 SEC. 109. Notwithstanding any other provision of this
7 Act, except section 106, for those programs that would other-
8 wise have high initial rates of operation or complete dis-
9 tribution of appropriations at the beginning of fiscal year
10 2022 because of distributions of funding to States, foreign
11 countries, grantees, or others, such high initial rates of oper-
12 ation or complete distribution shall not be made, and no
13 grants shall be awarded for such programs funded by this
14 Act that would impinge on final funding prerogatives.
15 SEC. 110. This Act shall be implemented so that only
16 the most limited funding action of that permitted in the
17 Act shall be taken in order to provide for continuation of
18 projects and activities.
19 SEC. 111. (a) For entitlements and other mandatory
20 payments whose budget authority was provided in appro-
21 priations Acts for fiscal year 2021, and for activities under
22 the Food and Nutrition Act of 2008, activities shall be con-
23 tinued at the rate to maintain program levels under current
24 law, under the authority and conditions provided in the
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1 applicable appropriations Act for fiscal year 2021, to be
2 continued through the date specified in section 106(3).
3 (b) Notwithstanding section 106, obligations for man-
4 datory payments due on or about the first day of any month
5 that begins after October 2021 but not later than 30 days
6 after the date specified in section 106(3) may continue to
7 be made, and funds shall be available for such payments.
8 SEC. 112. Amounts made available under section 101
9 for civilian personnel compensation and benefits in each de-
10 partment and agency may be apportioned up to the rate
11 for operations necessary to avoid furloughs within such de-
12 partment or agency, consistent with the applicable appro-
13 priations Act for fiscal year 2021, except that such author-
14 ity provided under this section shall not be used until after
15 the department or agency has taken all necessary actions
16 to reduce or defer non-personnel-related administrative ex-
17 penses.
18 SEC. 113. Funds appropriated by this Act may be obli-
19 gated and expended notwithstanding section 10 of Public
20 Law 91–672 (22 U.S.C. 2412), section 15 of the State De-
21 partment Basic Authorities Act of 1956 (22 U.S.C. 2680),
22 section 313 of the Foreign Relations Authorization Act, Fis-
23 cal Years 1994 and 1995 (22 U.S.C. 6212), and section
24 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
25 3094(a)(1)).
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1 SEC. 114. (a) Each amount incorporated by reference
2 in this Act that was previously designated by the Congress
3 as an emergency requirement pursuant to section
4 251(b)(2)(A) of the Balanced Budget and Emergency Def-
5 icit Control Act of 1985 or as being for disaster relief pursu-
6 ant to section 251(b)(2)(D) of such Act is designated by the
7 Congress as an emergency requirement pursuant to section
8 4001 of S. Con. Res. 14 (117th Congress), the concurrent
9 resolution on the budget for fiscal year 2022, or as being
10 for disaster relief pursuant to sections 4004(b)(6) and
11 4005(f) of such concurrent resolution, 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 Emergency
16 Deficit Control Act of 1985 (2 U.S.C. 901(b)) shall be treat-
17 ed for each amount incorporated by reference in this Act
18 in the Senate as references to sections 4004(b)(1),
19 4004(b)(1)(B)(i), 4004(b)(3), 4004(b)(3)(B), 4004(b)(4),
20 4004(b)(4)(B), 4004(b)(5), 4004(b)(5)(B), respectively, of S.
21 Con. Res. 14 (117th Congress), the concurrent resolution on
22 the budget for fiscal year 2022, and in the House of Rep-
23 resentatives as references to sections 4005(a), 4005(a)(2)(A),
24 4005(c), 4005(c)(2), 4005(d), 4005(d)(2), 4005(e),
25 4005(e)(2)(A), respectively, of such concurrent resolution.
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1 (c) This section shall become effective immediately
2 upon enactment of this Act, and shall remain in effect
3 through the date in section 106(3).
4 SEC. 115. (a) Rescissions or cancellations of discre-
5 tionary budget authority that continue pursuant to section
6 101 in Treasury Appropriations Fund Symbols (TAFS)—
7 (1) to which other appropriations are not pro-
8 vided by this Act, but for which there is a current ap-
9 plicable TAFS that does receive an appropriation in
10 this Act; or
11 (2) which are no-year TAFS and receive other
12 appropriations in this Act,
13 may be continued instead by reducing the rate for oper-
14 ations otherwise provided by section 101 for such current
15 applicable TAFS, as long as doing so does not impinge on
16 the final funding prerogatives of the Congress.
17 (b) Rescissions or cancellations described in subsection
18 (a) shall continue in an amount equal to the lesser of—
19 (1) the amount specified for rescission or can-
20 cellation in the applicable appropriations Act ref-
21 erenced in section 101 of this Act; or
22 (2) the amount of balances available, as of Octo-
23 ber 1, 2021, from the funds specified for rescission or
24 cancellation in the applicable appropriations Act ref-
25 erenced in section 101 of this Act.
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1 (c) No later than November 22, 2021, the Director of
2 the Office of Management and Budget shall provide to the
3 Committees on Appropriations of the House of Representa-
4 tives and the Senate a comprehensive list of the rescissions
5 or cancellations that will continue pursuant to section 101:
6 Provided, That the information in such comprehensive list
7 shall be periodically updated to reflect any subsequent
8 changes in the amount of balances available, as of October
9 1, 2021, from the funds specified for rescission or cancella-
10 tion in the applicable appropriations Act referenced in sec-
11 tion 101, and such updates shall be transmitted to the Com-
12 mittees on Appropriations of the House of Representatives
13 and the Senate upon request.
14 SEC. 116. Amounts made available by section 101 for
15 ‘‘Farm Service Agency—Agricultural Credit Insurance
16 Fund Program Account’’ may be apportioned up to the rate
17 for operations necessary to accommodate approved applica-
18 tions for direct and guaranteed farm ownership loans, as
19 authorized by 7 U.S.C. 1922 et seq.
20 SEC. 117. Notwithstanding section 101, amounts are
21 available to the Department of Agriculture for ‘‘Rural Busi-
22 ness—Cooperative Service—Rural Microentrepreneur As-
23 sistance Program’’ for gross obligations for the principal
24 amount of direct loans as authorized by section 379E of
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1 the Consolidated Farm and Rural Development Act (7
2 U.S.C. 2008s) not to exceed $25,000,000.
3 SEC. 118. (a) In carrying out the Special Supple-
4 mental Nutrition Program for Women, Infants, and Chil-
5 dren for the first quarter of fiscal year 2022, the Secretary
6 of Agriculture shall increase the amount of a cash-value
7 voucher to an amount recommended by the National Acad-
8 emies of Science, Engineering and Medicine and adjusted
9 for inflation for women and children participants.
10 (b) Amounts made available by section 101 to the De-
11 partment of Agriculture for ‘‘Domestic Food Programs-
12 Food and Nutrition Service-Special Supplemental Nutri-
13 tion Program for Women, Infants, and Children (WIC)’’
14 shall be apportioned at the rate for operations necessary
15 to accommodate the increase described in subsection (a).
16 SEC. 119. Notwithstanding sections 102 and 104, in
17 addition to amounts otherwise provided by section 101,
18 amounts are provided to the Department of Defense for
19 ‘‘Procurement—Other Procurement, Air Force’’ at a rate
20 for operations of $885,000,000, for the procurement of
21 equipment for the Strategic Microelectronic Supply pro-
22 gram, and such amounts may be apportioned up to the rate
23 for operations necessary to carry out such procurements.
24 SEC. 120. Amounts made available by section 101 to
25 the Department of Defense for ‘‘Procurement—Procure-
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1 ment, Defense-Wide’’ may be apportioned up to the rate for
2 operations necessary for the procurement of Military Global
3 Positioning System User Equipment Increment 1 Applica-
4 tion Specific Integrated Circuits.
5 SEC. 121. Notwithstanding sections 102 and 104,
6 amounts made available by section 101 to the Department
7 of Defense for ‘‘Research, Development, Test and Evalua-
8 tion—Research, Development, Test and Evaluation, Air
9 Force’’ may be apportioned up to the rate of operations nec-
10 essary for the acquisition of real property by the United
11 States Government.
12 SEC. 122. During the period covered by this Act, the
13 limitation at section 2208(l)(3) of title 10, United States
14 Code, shall not apply with respect to advance billing for
15 orders for relief efforts related to the COVID–19 pandemic.
16 SEC. 123. (a) Funding provided in prior Acts making
17 appropriations for energy and water development and re-
18 lated agencies for fiscal years 2019, 2020, and 2021 under
19 the heading ‘‘Department of the Interior—Bureau of Rec-
20 lamation—Water and Related Resources’’ for carrying out
21 section 4007 of Public Law 114–322 shall be made avail-
22 able, in accordance with that section and as recommended
23 by the Secretary in a letter dated July 23, 2021, for the
24 construction, pre-construction, or study of the North-of-the-
25 Delta Off Stream Storage (Sites Reservoir Project), the Los
† HR 5305 EAS
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1 Vaqueros Reservoir Phase 2 Expansion Project, the B.F.
2 Sisk Dam Raise and Reservoir Expansion Project, and the
3 Del Puerto Canyon Reservoir.
4 (b) Funding provided in the Energy and Water Devel-
5 opment and Related Agencies Appropriations Act, 2021
6 under the heading ‘‘Department of the Interior—Bureau of
7 Reclamation—Water and Related Resources’’ for carrying
8 out section 4009(a) of Public Law 114–322 shall be made
9 available, in accordance with that section and as rec-
10 ommended by the Secretary in a letter dated July 23, 2021,
11 for the North Pleasant Valley Desalter Facility, the Mission
12 Basin Groundwater Purification Facility Well Expansion
13 and Brine Minimization Project, the Los Robles Desalter
14 Project, and the Regional Brackish Water Reclamation Pro-
15 gram.
16 (c) Funding provided in the Energy and Water Devel-
17 opment and Related Agencies Appropriations Act, 2021
18 under the heading ‘‘Department of the Interior—Bureau of
19 Reclamation—Water and Related Resources’’ for carrying
20 out section 4009(c) of Public Law 114–322 shall be made
21 available, in accordance with that section and as rec-
22 ommended by the Secretary in a letter dated July 23, 2021,
23 for the El Paso Aquifer Storage and Recovery Using Re-
24 claimed Water Project, the Pure Water Soquel: Ground-
25 water Replenishment and Seawater Intrusion Prevention
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1 Project, the North San Diego Water Reuse Coalition
2 Project, the Pure Water Oceanside Project, the City of
3 Santa Fe Reuse Pipeline Project, the Replenish Big Bear
4 Project, the Central Coast Blue: Recycled Water Project, the
5 Harvest Water Program, the East County Advanced Water
6 Purification Program: Phase Two, the Ventura Water Pure
7 Program, and the San Juan Watershed Project.
8 SEC. 124. (a) During the period covered by this Act,
9 title I of Public Law 108–361 (the Calfed Bay-Delta Au-
10 thorization Act) (118 Stat. 1681), as amended by section
11 4007(k) of Public Law 114–322, shall be applied by sub-
12 stituting ‘‘2022’’ for ‘‘2021’’ each place it appears.
13 (b) During the period covered by this Act, section
14 9106(g)(2) of Public Law 111–11 (Omnibus Public Land
15 Management Act of 2009) shall be applied by substituting
16 ‘‘2022’’ for ‘‘2021’’.
17 (c) During the period covered by this Act, section
18 104(c) of the Reclamation States Emergency Drought Relief
19 Act of 1991 (43 U.S.C. 2214(c)) shall be applied by sub-
20 stituting ‘‘2022’’ for ‘‘2021’’.
21 (d) During the period covered by this Act, section 301
22 of the Reclamation States Emergency Drought Relief Act
23 of 1991 (43 U.S.C. 2241) shall be applied by substituting
24 ‘‘2022’’ for ‘‘2021’’.
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1 SEC. 125. (a) Notwithstanding section 101, section 506
2 of division D of Public Law 116–260 shall be applied by
3 substituting ‘‘$841,000,000’’ for ‘‘$291,000,000’’.
4 (b) Amounts provided by this Act for ‘‘Department of
5 Energy—Energy Programs—Uranium Enrichment Decon-
6 tamination and Decommissioning Fund’’ may be appor-
7 tioned up to the rate for operations necessary to avoid dis-
8 ruption of continuing projects or activities funded in this
9 appropriation.
10 (c) The Secretary of Energy shall notify the Commit-
11 tees on Appropriations of the House of Representatives and
12 the Senate not later than 3 days after each use of the au-
13 thority provided in subsection (b).
14 SEC. 126. Notwithstanding section 101, amounts are
15 provided for ‘‘Executive Office of the President and Funds
16 Appropriated to the President—The White House—Sala-
17 ries and Expenses’’ at a rate for operations of $60,000,000.
18 SEC. 127. Notwithstanding section 101, amounts are
19 provided for ‘‘General Services Administration—Allow-
20 ances and Office Staff for Former Presidents’’ at a rate for
21 operations of $5,000,000.
22 SEC. 128. Amounts made available by section 101 for
23 ‘‘Small Business Administration—Business Loans Pro-
24 gram Account’’ may be apportioned up to the rate for oper-
25 ations necessary to accommodate increased demand for
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1 commitments for general business loans authorized under
2 paragraphs (1) through (35) of section 7(a) of the Small
3 Business Act (15 U.S.C. 636(a)), for guarantees of trust cer-
4 tificates authorized by section 5(g) of the Small Business
5 Act (15 U.S.C. 634(g)), for commitments to guarantee loans
6 under section 503 of the Small Business Investment Act of
7 1958 (15 U.S.C. 697), and for commitments to guarantee
8 loans for debentures under section 303(b) of the Small Busi-
9 ness Investment Act of 1958 (15 U.S.C. 683(b)).
10 SEC. 129. Notwithstanding section 101, amounts are
11 provided for ‘‘District of Columbia—Federal Funds—Fed-
12 eral Payment to the Court Services and Offender Super-
13 vision Agency for the District of Columbia’’ at a rate for
14 operations of $249,754,000: Provided, That the second pro-
15 viso under such heading in title IV of division E of Public
16 Law 116–260 shall be applied by substituting
17 ‘‘$70,574,000’’ for ‘‘$66,743,000’’.
18 SEC. 130. Notwithstanding any other provision of this
19 Act, except section 106, the District of Columbia may ex-
20 pend local funds made available under the heading ‘‘Dis-
21 trict of Columbia—District of Columbia Funds’’ for such
22 programs and activities under the District of Columbia Ap-
23 propriations Act, 2021 (title IV of division E of Public Law
24 116–260) at the rate set forth in the Fiscal Year 2022 Local
† HR 5305 EAS
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1 Budget Act of 2021 (D.C. Act 24–173), as modified as of
2 the date of enactment of this Act.
3 SEC. 131. Section 330(e)(3) of title 11, United States
4 Code, is amended by striking ‘‘in that fiscal year’’ at the
5 end of the paragraph.
6 SEC. 132. In addition to amounts otherwise provided
7 by section 101, an amount is provided to the Department
8 of Homeland Security for ‘‘U.S. Citizenship and Immigra-
9 tion Services—Operations and Support’’ for application
10 processing, the reduction of backlogs within asylum, field,
11 and service center offices, and support of the refugee pro-
12 gram at a rate for operations of $250,000,000: Provided,
13 That such amounts shall be in addition to any other funds
14 made available for such purposes, and shall not be con-
15 strued to require any reduction of any fee described in sec-
16 tion 286(m) of the Immigration and Nationality Act (8
17 U.S.C. 1356(m)): Provided further, That prior to the obliga-
18 tion of such resources, U.S. Citizenship and Immigration
19 Services shall provide to the Committees on Appropriations
20 of the Senate and the House of Representatives an expendi-
21 ture plan that identifies backlog reduction metrics and
22 quarterly reports on the execution of such plan.
23 SEC. 133. Amounts made available by section 101 to
24 the Department of Homeland Security under the heading
25 ‘‘Federal Emergency Management Agency—Disaster Relief
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1 Fund’’ may be apportioned up to the rate for operations
2 necessary to carry out response and recovery activities
3 under the Robert T. Stafford Disaster Relief and Emer-
4 gency Assistance Act (42 U.S.C. 5121 et seq.).
5 SEC. 134. (a) Sections 1309(a) and 1319 of the Na-
6 tional Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and
7 4026) shall be applied by substituting the date specified in
8 section 106(3) of this Act for ‘‘September 30, 2021’’.
9 (b) If this Act is enacted after September 30, 2021,
10 this section shall be applied as if it were in effect on Sep-
11 tember 30, 2021.
12 SEC. 135. Amounts made available by section 101 for
13 ‘‘Department of the Interior—National Park Service—Na-
14 tional Recreation and Preservation’’ for heritage partner-
15 ship programs may be used to provide financial assistance
16 to any national heritage area, national heritage corridor,
17 cultural heritage corridor, national heritage partnership,
18 national heritage route, national heritage canalway, and
19 battlefields national historic district established as of Sep-
20 tember 1, 2021, notwithstanding any statutory sunset pro-
21 vision terminating the Secretary’s authority to provide as-
22 sistance to any such area and notwithstanding any limita-
23 tion on amounts authorized to be appropriated with respect
24 to any such area: Provided, That the Commission sunset
25 provision in section 804(j) of division B of H.R. 5666 (Ap-
† HR 5305 EAS
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1 pendix D), as amended, as enacted into law by section
2 1(a)(4) of Public Law 106– 554, shall be applied by sub-
3 stituting the date specified in section 106(3) of this Act for
4 ‘‘September 30, 2021’’: Provided further, That the authority
5 in section 295D of Public Law 109–338, as amended, shall
6 continue in effect through the date specified in section
7 106(3) of this Act.
8 SEC. 136. Notwithstanding subsection (c)(2)(B) of sec-
9 tion 200303 of title 54, United States Codes, during the
10 period covered by this Act amounts made available from
11 the Land and Water Conservation Fund for fiscal year 2022
12 pursuant to subsection (a) of such section of such title shall
13 be allocated by the Secretary of the Interior or the Secretary
14 of Agriculture, as appropriate, only for the following agen-
15 cies and accounts, for the purposes specified, and in the
16 amounts specified multiplied by the percentage of fiscal
17 year 2022 covered by this Act:
18 (1) ‘‘Department of the Interior—Bureau of
19 Land Management—Land Acquisition’’, $7,500,000,
20 for Acquisition Management;
21 (2) ‘‘Department of the Interior—United States
22 Fish and Wildlife Service—Land Acquisition’’,
23 $17,000,000, for Land Acquisition Management;
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1 (3) ‘‘Department of the Interior—National Park
2 Service—Land Acquisition and State Assistance’’,
3 $14,500,000, for Acquisition Management;
4 (4) ‘‘Department of the Interior—Office of the
5 Secretary—Departmental Operations’’, $19,000,000,
6 for Management Services, Appraisal and Valuation
7 Service Offices-Federal Lands;
8 (5) ‘‘Department of Agriculture—Forest Serv-
9 ice—State and Private Forestry’’, $6,400,000, for Ad-
10 ministrative Funds; and
11 (6) ‘‘Department of Agriculture—Forest Serv-
12 ice—Land Acquisition’’, $12,000,000, for Acquisition
13 Management.
14 SEC. 137. (a) In addition to amounts provided by sec-
15 tion 101, amounts are provided for ‘‘Department of Health
16 and Human Services—Indian Health Service—Indian
17 Health Services’’ at a rate for operations of $22,080,000,
18 for an additional amount for costs of staffing and operating
19 facilities that were opened, renovated, or expanded in fiscal
20 years 2021 and 2022, and such amounts may be appor-
21 tioned up to the rate for operations necessary to staff and
22 operate such facilities.
23 (b) In addition to amounts provided by section 101,
24 amounts are provided for ‘‘Department of Health and
25 Human Services—Indian Health Service—Indian Health
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1 Facilities’’ at a rate for operations of $2,261,000, for an
2 additional amount for costs of staffing and operating facili-
3 ties that were opened, renovated, or expanded in fiscal years
4 2021 and 2022, and such amounts may be apportioned up
5 to the rate for operations necessary to staff and operate such
6 facilities.
7 SEC. 138. In addition to amounts otherwise provided
8 by section 101, for ‘‘Department of Health and Human
9 Services—Centers for Disease Control and Prevention—En-
10 vironmental Health’’, there is appropriated $1,500,000, for
11 an additional amount for fiscal year 2022, to remain avail-
12 able until September 30, 2022, for the Vessel Sanitation
13 Program.
14 SEC. 139. (a) Funds made available in Public Law
15 114–113 to the accounts of the National Institutes of Health
16 that were available for obligation through fiscal year 2016
17 and were obligated for multi-year research grants shall be
18 available through fiscal year 2022 for the liquidation of
19 valid obligations incurred in fiscal year 2016 if the Director
20 of the National Institutes of Health determines the project
21 suffered an interruption of activities attributable to
22 COVID–19.
23 (b)(1) Subject to paragraph (2), this section shall be-
24 come effective immediately upon enactment of this Act.
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1 (2) If this Act is enacted after September 30,
2 2021, this section shall be applied as if it were in ef-
3 fect on September 30, 2021.
4 SEC. 140. In addition to amounts provided by section
5 101, amounts are provided for ‘‘Department of Health and
6 Human Services—Substance Abuse and Mental Health
7 Services Administration—Mental Health’’ at a rate for op-
8 erations of $77,621,000 for an additional amount for car-
9 rying out section 520E–3 of the Public Health Service Act
10 (42 U.S.C. 290bb–36c), and such amounts may be appor-
11 tioned up to the rate for operations necessary to operate
12 and maintain the National Suicide Prevention Lifeline
13 program.
14 SEC. 141. In addition to amounts otherwise provided
15 by this Act, for ‘‘Department of Health and Human Serv-
16 ices—Administration for Children and Families—Refugee
17 and Entrant Assistance’’, there is appropriated
18 $2,500,000,000, for an additional amount for fiscal year
19 2022, to remain available until September 30, 2024, to
20 carry out section 462 of the Homeland Security Act of 2002
21 and section 235 of the William Wilberforce Trafficking Vic-
22 tims Protection Reauthorization Act of 2008: Provided,
23 That not later than November 1, 2021, the Secretary of
24 Health and Human Services shall submit to the Committees
25 on Appropriations of the House of Representatives and the
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1 Senate a report detailing steps taken and planned to be
2 taken by the Department to phase out the use of emergency
3 intake sites and a detailed plan for ending the use of emer-
4 gency intake sites, including a timeline of major milestones
5 and projections for delivered online bed capacity by facility
6 type: Provided further, That such report shall include an
7 aligned spend plan for estimated fiscal year 2022 obliga-
8 tions by major category: Provided further, That the Sec-
9 retary shall submit monthly reports during fiscal year 2022
10 to the Committees on Appropriations on all obligations and
11 expenditures incurred by the Department for carrying out
12 such sections 462 and 235: Provided further, That such
13 amount is designated by the Congress as being for an emer-
14 gency requirement pursuant to section 4001(a)(1) and sec-
15 tion 4001(b) of S. Con. Res. 14 (117th Congress), the con-
16 current resolution on the budget for fiscal year 2022.
17 SEC. 142. Amounts made available by section 101 for
18 ‘‘Department of Health and Human Services—Administra-
19 tion for Children and Families—Refugee and Entrant As-
20 sistance’’ may be apportioned up to the rate for operations
21 necessary to carry out section 462 of the Homeland Security
22 Act of 2002 and section 235 of the William Wilberforce
23 Trafficking Victims Protection Reauthorization Act of
24 2008, and up to the rate for operations necessary for activi-
25 ties authorized by section 414 of the Immigration and Na-
† HR 5305 EAS
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1 tionality Act and section 501 of the Refugee Education As-
2 sistance Act of 1980.
3 SEC. 143. Not later than 90 days after the date of en-
4 actment of this Act, and every 90 days thereafter through
5 fiscal year 2022, the Secretary of Health and Human Serv-
6 ices shall provide a report to the Committees on Appropria-
7 tions of the House of Representatives and the Senate on (1)
8 the total number of children that the Office of Refugee Reset-
9 tlement has released to sponsors living in the United States,
10 disaggregated by State, and (2) the number of children that
11 the Office of Refugee Resettlement has released to sponsors
12 living in the United States for whom the Office of Refugee
13 Resettlement has successfully conducted safety and welfare
14 checks, and provided post-release services as appropriate,
15 for the most recent quarter such data are available.
16 SEC. 144. Not later than 10 days after the date of en-
17 actment of this Act, the Secretary of Health and Human
18 Services shall provide a report to the Committees on Appro-
19 priations of the House of Representatives and the Senate,
20 and disclose on a publicly available website, on all transfers
21 made for carrying out section 462 of the Homeland Security
22 Act of 2002 or section 235 of the William Wilberforce Traf-
23 ficking Victims Protection Reauthorization Act of 2008 dur-
24 ing fiscal year 2021. This report shall include: (1) a list
25 of the source of funds transferred by public law;(2) the pro-
† HR 5305 EAS
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1 gram, project, or activity funds were transferred from and
2 the corresponding amount that was transferred;(3) date of
3 transfer;(4) the number of children referred to the Office of
4 Refugee Resettlement (ORR) by month for fiscal year 2021;
5 and(5) the age distribution of the children referred to ORR
6 by month for fiscal year 2021: Provided, That the report
7 shall be updated every 30 days throughout fiscal year 2022.
8 SEC. 145. During the period covered by this Act, for
9 services furnished under the Community Services Block
10 Grant Act (‘‘CSBG Act’’) with funds made available by this
11 Act, by the Consolidated Appropriations Act, 2021 (Public
12 Law 116–260), or by the Coronavirus Aid, Relief, and Eco-
13 nomic Security Act (Public Law 116–136), States may
14 apply the last sentence of section 673(2) of the CSBG Act
15 by substituting ‘‘200 percent’’ for ‘‘125 percent’’.
16 SEC. 146. For purposes of annual leave accumulated
17 in fiscal year 2021, the authority provided in section 2106
18 of division C of Public Law 116–159 shall apply to such
19 leave by substituting ‘‘2021’’ for ‘‘2020’’ in subsections (a)
20 and (d).
21 SEC. 147. Activities authorized by part A of title IV
22 (other than under section 403(c) or 418) and section
23 1108(b) of the Social Security Act shall continue through
24 the date specified in section 106(3), in the manner author-
25 ized for fiscal year 2021, and out of any money in the
† HR 5305 EAS
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1 Treasury of the United States not otherwise appropriated,
2 there are hereby appropriated such sums as may be nec-
3 essary for such purpose.
4 SEC. 148. Section 114(f) of the Higher Education Act
5 of 1965 (20 U.S.C. 1011c(f)) shall be applied by sub-
6 stituting the date specified in section 106(3) of this Act for
7 ‘‘September 30, 2021’’.
8 SEC. 149. Section 458(a)(4) of the Higher Education
9 Act of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied
10 through the date specified in section 106(3) of this Act by
11 substituting ‘‘2022’’ for ‘‘2021’’.
12 SEC. 150. Notwithstanding section 101, section 116 of
13 division J of Public Law 116–260 shall be applied during
14 the period covered by this Act by substituting ‘‘fifth fiscal
15 year’’ for ‘‘fourth fiscal year’’.
16 SEC. 151. During the period covered by this Act, the
17 Secretary of Veterans Affairs may transfer up to
18 $193,500,000 of the unobligated balances from amounts
19 made available for fiscal year 2021 under the heading ‘‘Vet-
20 erans Health Administration—Medical Services’’ in title II
21 of division F of the Further Consolidated Appropriations
22 Act, 2020 (Public Law 116–94), or in section 8002 of title
23 VIII of the American Rescue Plan Act of 2021 (Public Law
24 117–2) to the following accounts of the Department in the
25 amounts specified:
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1 (1) ‘‘Veterans Benefits Administration—General
2 Operating Expenses, Veterans Benefits Administra-
3 tion’’, up to $178,000,000;
4 (2) ‘‘Departmental Administration—Board of
5 Veterans Appeals’’, up to $5,800,000; and
6 (3) ‘‘Departmental Administration—Informa-
7 tion Technology Systems’’, up to $9,700,000:
8 Provided, That the transferred amounts shall be used, in
9 addition to any other amounts available for such purposes,
10 for personnel costs and other expenses to implement the in-
11 terim final rule entitled ‘‘Presumptive Service Connection
12 for Respiratory Conditions Due to Exposure to Particulate
13 Matter’’, published on August 5, 2021 (86 FR 42724), and
14 any revisions to such rule.
15 SEC. 152. Amounts made available by section 101 to
16 United States Government-funded entities for ‘‘Related
17 Agency—United States Agency for Global Media—Inter-
18 national Broadcasting Operations’’, ‘‘Related Programs—
19 The Asia Foundation’’, ‘‘Related Programs—United States
20 Institute of Peace’’, and ‘‘Related Programs—National En-
21 dowment for Democracy’’ may be apportioned up to the rate
22 for operations necessary to support the evacuation of Af-
23 ghan journalists and other Afghan employees of such enti-
24 ties, following consultation with the Committees on Appro-
25 priations.
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1 SEC. 153. Section 21009 of the Coronavirus Aid, Re-
2 lief, and Economic Security Act (Public Law 116–136)
3 shall continue in effect through the date specified in section
4 106(3) of this Act.
5 SEC. 154. Amounts made available by section 101 to
6 the United States International Development Finance Cor-
7 poration for ‘‘Corporate Capital Account’’ and paid to the
8 ‘‘Program Account’’ shall be available for the costs of modi-
9 fying loans and loan guarantees transferred to the Corpora-
10 tion pursuant to section 1463 of the BUILD Act of 2018
11 (division F of Public Law 115–254): Provided, That such
12 costs shall be as defined in section 502 of the Congressional
13 Budget Act of 1974.
14 SEC. 155. Section 1334 of the Foreign Affairs Reform
15 and Restructuring Act of 1998 (22 U.S.C. 6553) shall be
16 applied by substituting the date specified in section 106(3)
17 of this Act for ‘‘October 1, 2021’’.
18 SEC. 156. Notwithstanding section 101, amounts are
19 provided for ‘‘Department of Transportation—Office of the
20 Secretary—Payments to Air Carriers’’ at a rate for oper-
21 ations of $247,700,000, and such amounts may be appor-
22 tioned up to the rate for operations necessary to maintain
23 Essential Air Service program operations.
24 SEC. 157. Amounts made available by section 101 to
25 the Department of Housing and Urban Development in the
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1 third paragraph under the heading ‘‘Public and Indian
2 Housing—Native American Programs’’ may be appor-
3 tioned up to the rate for operations necessary to accommo-
4 date demand for guaranteed notes and other obligations as
5 authorized by title VI of the Native American Housing As-
6 sistance and Self-Determination Act of 1996.
7 This division may be cited as the ‘‘Continuing Appro-
8 priations Act, 2022’’.
9 DIVISION B—DISASTER RELIEF SUPPLE-
10 MENTAL APPROPRIATIONS ACT, 2022
11 The following sums are appropriated, out of any
12 money in the Treasury not otherwise appropriated, for the
13 fiscal year ending September 30, 2022, and for other pur-
14 poses, namely:
15 TITLE I
16 DEPARTMENT OF AGRICULTURE
17 AGRICULTURAL PROGRAMS
18 PROCESSING, RESEARCH AND MARKETING
19 OFFICE OF THE SECRETARY
20 For an additional amount for the ‘‘Office of the Sec-
21 retary’’, $10,000,000,000, which shall remain available
22 until December 31, 2023, for necessary expenses related to
23 losses of crops (including milk, on-farm stored commodities,
24 crops prevented from planting in 2020 and 2021, and har-
25 vested adulterated wine grapes), trees, bushes, and vines, as
† HR 5305 EAS
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1 a consequence of droughts, wildfires, hurricanes, floods,
2 derechos, excessive heat, winter storms, freeze, including a
3 polar vortex, smoke exposure, quality losses of crops, and
4 excessive moisture occurring in calendar years 2020 and
5 2021 under such terms and conditions as determined by
6 the Secretary: Provided, That, with respect to smoke tainted
7 wine grapes, the loss (including a quality loss) of such crop
8 during the coverage period due to wildfire, as determined
9 by the Secretary, is considered a qualified loss: Provided
10 further, That losses due to drought shall only be eligible
11 under this heading in this Act if any area within the coun-
12 ty in which the loss occurs was rated by the U.S. Drought
13 Monitor as having a D2 (Severe Drought) for eight consecu-
14 tive weeks or a D3 (Extreme Drought) or higher level of
15 drought intensity during the applicable calendar years:
16 Provided further, That of the amounts provided under this
17 heading in this Act, the Secretary shall use $750,000,000
18 to provide assistance to producers of livestock, as deter-
19 mined by the Secretary of Agriculture, for losses incurred
20 during calendar year 2021 due to drought or wildfires: Pro-
21 vided further, That at the election of a processor eligible
22 for a loan under section 156 of the Federal Agriculture Im-
23 provement and Reform Act of 1996 (7 U.S.C. 7272) or a
24 cooperative processor of dairy, the Secretary shall make
25 payments for losses in 2021 to such processors (to be paid
† HR 5305 EAS
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1 to producer members, as determined by such processors) in
2 lieu of payments to producers and under the same terms
3 and conditions as payments made to processors pursuant
4 to title I of the Additional Supplemental Appropriations
5 for Disaster Relief Act, 2019 (Public Law 116–20) under
6 the heading ‘‘Department of Agriculture—Agricultural Pro-
7 grams—Processing, Research and Marketing—Office of the
8 Secretary’’, as last amended by section 791(c) of title VII
9 of division B of the Further Consolidated Appropriations
10 Act, 2020 (Public Law 116–94): Provided further, That not-
11 withstanding section 760.1503(j) of title 7 of the Code of
12 Federal Regulations, in the event that a processor described
13 in the preceding proviso does not elect to receive payments
14 under such clause, the Secretary shall make direct payments
15 to producers under this heading in this Act: Provided fur-
16 ther, That of the amounts provided under this heading in
17 this Act, not more than one percent of the funds provided
18 herein may be used for administrative costs, including for
19 streamlining the application process and easing the burden
20 on county office employees, to carry out the matter under
21 this heading in this Act: Provided further, That, except as
22 otherwise provided under this heading in this Act, the Sec-
23 retary shall impose payment limitations consistent with
24 section 760.1507 of title 7, Code of Federal Regulations (as
25 in effect on the date of enactment of this Act): Provided
† HR 5305 EAS
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1 further, That, in the case of specialty crops or high value
2 crops, as determined by the Secretary, the Secretary shall
3 impose payment limitations consistent with section
4 760.1507(a)(2) of title 7, Code of Federal Regulations (as
5 in effect on January 1, 2019): Provided further, That, with
6 respect to the payment limitations described under this
7 heading in this Act, the Secretary shall apply separate pay-
8 ment limits for each of 2020 and 2021: Provided further,
9 That the total amount of payments received under this
10 heading in this Act and applicable policies of crop insur-
11 ance under the Federal Crop Insurance Act (7 U.S.C. 1501
12 et seq.) or the Noninsured Crop Disaster Assistance Pro-
13 gram (NAP) under section 196 of the Federal Agriculture
14 Improvement and Reform Act of 1996 (7 U.S.C. 7333)
15 (minus any premiums or fees paid for such coverages) shall
16 not exceed 90 percent of the loss as determined by the Sec-
17 retary: Provided further, That the total amount of pay-
18 ments received under this heading in this Act for producers
19 who did not obtain a policy or plan of insurance for an
20 insurable commodity for the applicable crop year under the
21 Federal Crop Insurance Act (7 U.S.C. 1501 et seq.) for the
22 crop incurring the losses or did not file the required paper-
23 work and pay the service fee by the applicable State filing
24 deadline for a noninsurable commodity for the applicable
25 crop year under NAP for the crop incurring the losses shall
† HR 5305 EAS
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1 not exceed 70 percent of the loss as determined by the Sec-
2 retary: Provided further, That producers receiving pay-
3 ments under this heading in this Act, as determined by the
4 Secretary, shall be required to purchase crop insurance
5 where crop insurance is available for the next two available
6 crop years and producers receiving payments under this
7 heading in this Act shall be required to purchase coverage
8 under NAP where crop insurance is not available in the
9 next two available crop years, as determined by the Sec-
10 retary: Provided further, That not later than 120 days after
11 the end of fiscal year 2021, the Secretary shall submit a
12 report to the Congress specifying the type, amount, and
13 method of such assistance by state and territory.
14 FARM PRODUCTION AND CONSERVATION
15 PROGRAMS
16 NATURAL RESOURCES CONSERVATION SERVICE
17 WATERSHED AND FLOOD PREVENTION OPERATIONS
18 For an additional amount for ‘‘Watershed and Flood
19 Prevention Operations’’ for necessary expenses for the
20 Emergency Watershed Protection Program, $275,000,000,
21 to remain available until expended, which shall be in addi-
22 tion to amounts otherwise available for such purposes.
† HR 5305 EAS
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1 TITLE II
2 DEPARTMENT OF COMMERCE
3 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
4 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
5 For an additional amount for ‘‘Scientific and Tech-
6 nical Research and Services’’ for necessary expenses to
7 carry out investigations of building failures pursuant to the
8 National Construction Safety Team Act of 2002 (15 U.S.C.
9 7301), $22,000,000, to remain available until September
10 30, 2023.
11 NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
12 OPERATIONS, RESEARCH, AND FACILITIES
13 For an additional amount for ‘‘Operations, Research,
14 and Facilities’’ for necessary expenses related to the con-
15 sequences of hurricanes and of wildfires in calendar years
16 2020 and 2021, $92,834,000, to remain available until Sep-
17 tember 30, 2023, as follows:
18 (1) $4,709,000 for repair and replacement of ob-
19 serving assets, real property, and equipment;
20 (2) $3,425,000 for marine debris assessment and
21 removal;
22 (3) $4,700,000 for mapping, charting, and geod-
23 esy services;
24 (4) $35,000,000 to improve: (A) hurricane inten-
25 sity and track forecasting, including through deploy-
† HR 5305 EAS
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1 ment of unmanned ocean observing platforms and en-
2 hanced data assimilation; and(B) precipitation and
3 flood prediction, forecasting, and mitigation capabili-
4 ties;
5 (5) $20,000,000 to improve wildfire research,
6 prediction, detection, forecasting, monitoring, data
7 management, and communication and engagement;
8 and
9 (6) $25,000,000 for Title IX Fund grants as au-
10 thorized under section 906(c) of division O of Public
11 Law 114–113:
12 Provided, That the National Oceanic and Atmospheric Ad-
13 ministration shall submit a spending plan to the Commit-
14 tees on Appropriations of the House of Representatives and
15 the Senate within 45 days after the date of enactment of
16 this Act.
17 PROCUREMENT, ACQUISITION AND CONSTRUCTION
18 For an additional amount for ‘‘Procurement, Acquisi-
19 tion and Construction’’ for necessary expenses related to the
20 consequences of hurricanes and of wildfires in calendar
21 years 2020 and 2021, $52,205,000, to remain available
22 until September 30, 2024, as follows:
23 (1) $2,205,000 for repair and replacement of ob-
24 serving assets, real property, and equipment; and
† HR 5305 EAS
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1 (2) $50,000,000 for improvements to operational
2 and research weather and climate supercomputing
3 and dissemination infrastructure, observing assets,
4 and satellites, along with associated ground systems,
5 used for hurricane intensity and track prediction;
6 precipitation and flood prediction, forecasting, and
7 mitigation; and wildfire research, prediction, detec-
8 tion, forecasting, and monitoring:
9 Provided, That the National Oceanic and Atmospheric Ad-
10 ministration shall submit a spending plan to the Commit-
11 tees on Appropriations of the House of Representatives and
12 the Senate within 45 days after the date of enactment of
13 this Act.
14 FISHERIES DISASTER ASSISTANCE
15 For an additional amount for ‘‘Fisheries Disaster As-
16 sistance’’ for necessary expenses associated with the mitiga-
17 tion of fishery disasters, $200,000,000, to remain available
18 until expended: Provided, That such funds shall be used for
19 mitigating the effects of commercial fishery failures and
20 fishery resource disasters declared by the Secretary of Com-
21 merce, including those declared by the Secretary to be a di-
22 rect result of hurricanes in calendar years 2020 and 2021.
† HR 5305 EAS
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1 SCIENCE
2 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
3 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND
4 RESTORATION
5 (INCLUDING TRANSFER OF FUNDS)
6 For an additional amount for ‘‘Construction and En-
7 vironmental Compliance and Restoration’’ for repair at
8 National Aeronautics and Space Administration facilities
9 damaged by Hurricanes Zeta and Ida, $321,400,000, to re-
10 main available until expended: Provided, That up to 15
11 percent of such amount may be transferred to ‘‘Explo-
12 ration’’ for necessary expenses related to flight hardware,
13 tooling, production and schedule delays caused by Hurri-
14 cane Ida: Provided further, That except as provided in the
15 preceding proviso, the amounts appropriated under this
16 heading in this Act shall not be available for transfer under
17 any transfer authority provided for the National Aero-
18 nautics and Space Administration in an appropriation Act
19 for fiscal year 2022.
20 NATIONAL SCIENCE FOUNDATION
21 MAJOR RESEARCH EQUIPMENT AND FACILITIES
22 CONSTRUCTION
23 For an additional amount for ‘‘Major Research Equip-
24 ment and Facilities Construction’’ for necessary expenses
25 related to the National Science Foundation Regional Class
† HR 5305 EAS
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1 Research Vessel construction impacted by Hurricane Ida,
2 $25,000,000, to remain available until expended.
3 RELATED AGENCIES
4 LEGAL SERVICES CORPORATION
5 PAYMENT TO THE LEGAL SERVICES CORPORATION
6 For an additional amount for ‘‘Payment to the Legal
7 Services Corporation’’ to carry out the purposes of the Legal
8 Services Corporation Act by providing for necessary ex-
9 penses related to the consequences of hurricanes, wildfires,
10 other extreme weather, and earthquakes that occurred dur-
11 ing calendar years 2020 and 2021, $40,000,000, to remain
12 available until September 30, 2022: Provided, That none
13 of the funds appropriated in this Act to the Legal Services
14 Corporation shall be expended for any purpose prohibited
15 or limited by, or contrary to any of the provisions of, sec-
16 tions 501, 502, 503, 504, 505, and 506 of Public Law 105–
17 119, and all funds appropriated in this Act to the Legal
18 Services Corporation shall be subject to the same terms and
19 conditions set forth in such sections, except that all ref-
20 erences in sections 502 and 503 to 1997 and 1998 shall
21 be deemed to refer instead to 2021 and 2022, respectively,
22 and except that sections 501 and 503 of Public Law 104–
23 134 (referenced by Public Law 105–119) shall not apply
24 to the amount made available under this heading: Provided
25 further, That, for the purposes of this Act, the Legal Services
† HR 5305 EAS
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1 Corporation shall be considered an agency of the United
2 States.
3 TITLE III
4 DEPARTMENT OF DEFENSE
5 DEPARTMENT OF DEFENSE—MILITARY
6 OPERATION AND MAINTENANCE
7 OPERATION AND MAINTENANCE, NAVY
8 For an additional amount for ‘‘Operation and Mainte-
9 nance, Navy’’, $565,000,000, to remain available until Sep-
10 tember 30, 2022, for necessary expenses related to the con-
11 sequences of severe storms, straight-line winds, flooding, tor-
12 nadoes, earthquakes, wildfires, and hurricanes occurring in
13 calendar years 2020 and 2021.
14 OPERATION AND MAINTENANCE, AIR FORCE
15 For an additional amount for ‘‘Operation and Mainte-
16 nance, Air Force’’, $330,000,000, to remain available until
17 September 30, 2022, for necessary expenses related to the
18 consequences of Winter Storm Uri occurring in calendar
19 year 2021.
20 GENERAL PROVISION—THIS TITLE
21 SEC. 1301. Notwithstanding any other provision of
22 law, funds provided by this title shall only be for the pur-
23 poses specified, and shall not be subject to any transfer au-
24 thority provided by law.
† HR 5305 EAS
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1 TITLE IV
2 CORPS OF ENGINEERS—CIVIL
3 DEPARTMENT OF THE ARMY
4 INVESTIGATIONS
5 For an additional amount for ‘‘Investigations’’ for
6 necessary expenses related to the completion, or initiation
7 and completion, of flood and storm damage reduction, in-
8 cluding shore protection, studies that are currently author-
9 ized or that are authorized after the date of enactment of
10 this Act, to reduce risk from future floods and hurricanes,
11 at full Federal expense, $100,000,000, to remain available
12 until expended: Provided, That funds made available under
13 this heading in this Act shall be for high-priority studies
14 of projects in States with a major disaster declared due to
15 Hurricane Ida pursuant to the Robert T. Stafford Disaster
16 Relief and Emergency Assistance Act (42 U.S.C. 5121 et
17 seq.) in fiscal year 2021: Provided further, That the Assist-
18 ant Secretary of the Army for Civil Works shall provide
19 a monthly report directly to the Committees on Appropria-
20 tions of the House of Representatives and the Senate detail-
21 ing the allocation and obligation of these funds, including
22 new studies selected to be initiated using funds provided
23 under this heading in this Act, beginning not later than
24 60 days after the date of enactment of this Act.
† HR 5305 EAS
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1 CONSTRUCTION
2 For an additional amount for ‘‘Construction’’ for nec-
3 essary expenses, $3,000,000,000, to remain available until
4 expended, to construct flood and storm damage reduction,
5 including shore protection, projects that are currently au-
6 thorized or that are authorized after the date of enactment
7 of this Act, and flood and storm damage reduction, includ-
8 ing shore protection, projects that have signed Chief’s Re-
9 ports as of the date of enactment of this Act or that are
10 studied using funds provided under the heading ‘‘Investiga-
11 tions’’ if the Secretary determines such projects to be tech-
12 nically feasible, economically justified, and environmentally
13 acceptable: Provided, That of such amount, $1,500,000,000
14 shall be available for such projects in States with a major
15 disaster declared due to Hurricane Ida pursuant to the
16 Robert T. Stafford Disaster Relief and Emergency Assist-
17 ance Act (42 U.S.C. 5121 et seq.) in fiscal year 2021: Pro-
18 vided further, That the provisions of section 902 of the
19 Water Resources Development Act of 1986 shall not apply
20 to the construction of projects, including initial construc-
21 tion or periodic nourishment, completed using funding
22 under this heading in this Act: Provided further, That the
23 completion of ongoing construction projects receiving fund-
24 ing provided under this heading in this Act shall be at full
25 Federal expense with respect to such funds: Provided fur-
† HR 5305 EAS
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1 ther, That for any projects using funding provided under
2 this heading in this Act, the non-Federal cash contribution
3 for projects other than ongoing construction projects shall
4 be financed in accordance with the provisions of section
5 103(k) of Public Law 99–662 over a period of 30 years from
6 the date of completion of the project or separable element:
7 Provided further, That up to $65,000,000 of the amounts
8 made available under this heading in this Act shall be used
9 for continuing authorities projects to reduce the risk of
10 flooding and storm damage: Provided further, That any
11 projects using funding appropriated under this heading in
12 this Act shall be initiated only after non-Federal interests
13 have entered into binding agreements with the Secretary re-
14 quiring, where applicable, the non-Federal interests to pay
15 100 percent of the operation, maintenance, repair, replace-
16 ment, and rehabilitation costs of the project and to hold
17 and save the United States free from damages due to the
18 construction or operation and maintenance of the project,
19 except for damages due to the fault or negligence of the
20 United States or its contractors: Provided further, That of
21 the 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 Material
24 Disposal Facilities Program shall be derived from the gen-
25 eral fund of the Treasury: Provided further, That the Assist-
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1 ant Secretary of the Army for Civil Works shall provide
2 a monthly report directly to the Committees on Appropria-
3 tions of the House of Representatives and the Senate detail-
4 ing the allocation and obligation of these funds, beginning
5 not later than 60 days after the date of enactment of this
6 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 construct,
11 and rehabilitate and repair damages to Corps of Engineers
12 projects, caused by natural disasters, $868,000,000, to re-
13 main available until expended: Provided, That of the
14 amounts made available under this heading in this Act,
15 such sums as are necessary to cover the Federal share of
16 eligible operation and maintenance costs for coastal harbors
17 and channels, and for inland harbors shall be derived from
18 the general fund of the Treasury: Provided further, That
19 of the amounts made available under this heading in this
20 Act, $500,000,000 shall be available to construct flood and
21 storm damage reduction projects that are currently author-
22 ized or that are authorized after the date of enactment of
23 this Act in States with a major disaster declared due to
24 Hurricane Ida pursuant to the Robert T. Stafford Disaster
25 Relief and Emergency Assistance Act (42 U.S.C. 5121 et
† HR 5305 EAS
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1 seq.) in fiscal year 2021: Provided further, That the provi-
2 sions of section 902 of the Water Resources Development
3 Act of 1986 shall not apply to the construction of projects,
4 including initial construction or periodic nourishment,
5 completed using funding under this heading in this Act:
6 Provided further, That to the extent that ongoing construc-
7 tion projects are constructed using funding provided under
8 this heading in this Act, such construction shall be at full
9 Federal expense: Provided further, That for any projects
10 using funding provided under this heading in this Act, the
11 non-Federal cash contribution for projects other than ongo-
12 ing construction projects shall be financed in accordance
13 with the provisions of section 103(k) of Public Law 99–662
14 over a period of 30 years from the date of completion of
15 the project or separable element: Provided further, That any
16 projects using funding appropriated under this heading in
17 this Act shall be initiated only after non-Federal interests
18 have entered into binding agreements with the Secretary re-
19 quiring, where applicable, the non-Federal interests to pay
20 100 percent of the operation, maintenance, repair, replace-
21 ment, and rehabilitation costs of the project and to hold
22 and save the United States free from damages due to the
23 construction or operation and maintenance of the project,
24 except for damages due to the fault or negligence of the
25 United States or its contractors: Provided further, That the
† HR 5305 EAS
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1 Assistant Secretary of the Army for Civil Works shall pro-
2 vide a monthly report directly to the Committees on Appro-
3 priations of the House of Representatives and the Senate
4 detailing the allocation and obligation of these funds, begin-
5 ning not later than 60 days after the date of enactment
6 of this Act.
7 OPERATION AND MAINTENANCE
8 For an additional amount for ‘‘Operation and Mainte-
9 nance’’ for necessary expenses to dredge Federal navigation
10 projects in response to, and repair damages to Corps of En-
11 gineers Federal projects caused by, natural disasters,
12 $887,000,000, to remain available until expended, of which
13 such sums as are necessary to cover the Federal share of
14 eligible operation and maintenance costs for coastal harbors
15 and channels, and for inland harbors shall be derived from
16 the general fund of the Treasury: Provided, That the Assist-
17 ant Secretary of the Army for Civil Works shall provide
18 a monthly report directly to the Committees on Appropria-
19 tions of the House of Representatives and the Senate detail-
20 ing the allocation and obligation of these funds, beginning
21 not later than 60 days after the date of enactment of this
22 Act.
23 FLOOD CONTROL AND COASTAL EMERGENCIES
24 For an additional amount for ‘‘Flood Control and
25 Coastal Emergencies’’, as authorized by section 5 of the Act
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1 of August 18, 1941 (33 U.S.C. 701n), for necessary expenses
2 to prepare for flood, hurricane and other natural disasters
3 and support emergency operations, repairs, and other ac-
4 tivities in response to such disasters, as authorized by law,
5 $826,000,000, to remain available until expended: Pro-
6 vided, That funding utilized for authorized shore protection
7 projects shall restore such projects to the full project profile
8 at full Federal expense: Provided further, That the Assistant
9 Secretary of the Army for Civil Works shall provide a
10 monthly report directly to the Committees on Appropria-
11 tions of the House of Representatives and the Senate detail-
12 ing the allocation and obligation of these funds, beginning
13 not later than 60 days after the date of enactment of this
14 Act.
15 EXPENSES
16 For an additional amount for ‘‘Expenses’’ for nec-
17 essary expenses to administer and oversee the obligation
18 and expenditure of amounts provided in this Act for the
19 Corps of Engineers, $30,000,000, to remain available until
20 expended: Provided, That the Assistant Secretary of the
21 Army for Civil Works shall provide a monthly report di-
22 rectly to the Committees on Appropriations of the House
23 of Representatives and the Senate detailing the allocation
24 and obligation of these funds, beginning not later than 60
25 days after the date of enactment of this Act.
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1 DEPARTMENT OF THE INTERIOR
2 CENTRAL UTAH PROJECT
3 CENTRAL UTAH PROJECT COMPLETION ACCOUNT
4 For an additional amount for ‘‘Central Utah Project
5 Completion Account’’, $10,000,000 to be deposited into the
6 Utah Reclamation Mitigation and Conservation Account
7 for use by the Utah Reclamation Mitigation and Conserva-
8 tion Commission, to remain available until expended, for
9 expenses necessary in carrying out fire remediation activi-
10 ties for wildfires.
11 BUREAU OF RECLAMATION
12 WATER AND RELATED RESOURCES
13 For an additional amount for ‘‘Water and Related Re-
14 sources’’, $210,000,000, to remain available until expended:
15 Provided, That of such amount, $200,000,000 shall be avail-
16 able for activities to address drought, as determined by the
17 Secretary of the Interior: Provided further, That of the
18 amount made available under this heading in this Act,
19 $10,000,000 shall be for fire remediation and suppression
20 emergency assistance related to wildfires: Provided further,
21 That the Commissioner shall provide a monthly report di-
22 rectly to the Committees on Appropriations of the House
23 of Representatives and the Senate detailing the allocation
24 and obligation of these funds, beginning not later than 60
25 days after the date of enactment of this Act.
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1 DEPARTMENT OF ENERGY
2 ENERGY PROGRAMS
3 STRATEGIC PETROLEUM RESERVE
4 For an additional amount for ‘‘Strategic Petroleum
5 Reserve’’, $43,300,000, to remain available until expended,
6 for necessary expenses related to damages caused by natural
7 disasters.
8 TITLE V
9 INDEPENDENT AGENCIES
10 SMALL BUSINESS ADMINISTRATION
11 DISASTER LOANS PROGRAM ACCOUNT
12 (INCLUDING TRANSFER OF FUNDS)
13 For an additional amount for ‘‘Disaster Loans Pro-
14 gram Account’’ for the cost of direct loans authorized by
15 section 7(b) of the Small Business Act, $1,189,100,000, to
16 remain available until expended: Provided, That up to
17 $620,000,000 may be transferred to and merged with ‘‘Sala-
18 ries and Expenses’’ for administrative expenses to carry out
19 the disaster loan program authorized by section 7(b) of the
20 Small Business Act.
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1 TITLE VI
2 DEPARTMENT OF HOMELAND SECURITY
3 PROTECTION, PREPAREDNESS, RESPONSE, AND
4 RECOVERY
5 FEDERAL EMERGENCY MANAGEMENT AGENCY
6 FEDERAL ASSISTANCE
7 For an additional amount for ‘‘Federal Assistance’’,
8 $50,000,000, to remain available until September 30, 2022,
9 for emergency management performance grants under the
10 National Flood Insurance Act of 1968 (42 U.S.C. 4001 et
11 seq.), the Robert T. Stafford Disaster Relief and Emergency
12 Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
13 Reduction Act of 1977 (42 U.S.C. 7701), section 762 of title
14 6, United States Code, and Reorganization Plan No. 3 of
15 1978 (5 U.S.C. App.).
16 GENERAL PROVISION—THIS TITLE
17 SEC. 1601. (a) Repayments of the remaining balances
18 of all loans, as of September 30, 2021, by the Federal Emer-
19 gency Management Agency under section 417 of the Robert
20 T. Stafford Disaster Relief and Emergency Assistance Act
21 (42 U.S.C. 5184) are hereby cancelled.
22 (b) Of the unobligated balances available to the De-
23 partment of Homeland Security for ‘‘Federal Emergency
24 Management Agency—Disaster Relief Fund’’, such sums as
25 are necessary may be transferred to the Disaster Assistance
† HR 5305 EAS
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1 Direct Loan Program Account for carrying out subsection
2 (a).
3 (c) Each amount repurposed or transferred by this sec-
4 tion that was previously designated by the Congress as an
5 emergency requirement or as being for disaster relief pursu-
6 ant to the Balanced Budget and Emergency Deficit Control
7 Act of 1985 or a concurrent resolution on the budget is des-
8 ignated by the Congress as an emergency requirement pur-
9 suant to section 4001(a)(1) and section 4001(b), or as being
10 for disaster relief pursuant to section 4004(b)(6) and section
11 4005(f), respectively, of S. Con. Res. 14 (117th Congress),
12 the concurrent resolution on the budget for fiscal year 2022.
13 TITLE VII
14 DEPARTMENT OF THE INTERIOR
15 BUREAU OF LAND MANAGEMENT
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, hurricanes
21 and other natural disasters.
22 UNITED STATES FISH AND WILDLIFE SERVICE
23 CONSTRUCTION
24 For an additional amount for ‘‘Construction’’,
25 $58,227,000, to remain available until expended, for nec-
† HR 5305 EAS
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1 essary expenses related to the consequences of calendar year
2 2019, 2020, and 2021 wildfires, hurricanes and other nat-
3 ural disasters.
4 NATIONAL PARK SERVICE
5 CONSTRUCTION
6 For an additional amount for ‘‘Construction’’,
7 $229,472,000, to remain available until expended, for nec-
8 essary expenses related to the consequences of calendar year
9 2019, 2020, and 2021 wildfires, hurricanes and other nat-
10 ural disasters.
11 UNITED STATES GEOLOGICAL SURVEY
12 SURVEYS, INVESTIGATIONS, AND RESEARCH
13 For an additional amount for ‘‘Surveys, Investiga-
14 tions, and Research’’, $26,284,000, to remain available
15 until expended, for necessary expenses related to the con-
16 sequences of calendar year 2019, 2020, and 2021 wildfires,
17 hurricanes and other natural disasters.
18 BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT
19 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
20 For an additional amount for ‘‘Offshore Safety and
21 Environmental Enforcement’’, $223,000, to remain avail-
22 able until expended, for necessary expenses related to the
23 consequences of calendar year 2019, 2020 and 2021
24 wildfires, hurricanes and natural disasters.
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1 BUREAU OF INDIAN AFFAIRS
2 CONSTRUCTION
3 For an additional amount for ‘‘Construction’’,
4 $452,000, to remain available until expended, for necessary
5 expenses related to the consequences of calendar year 2019,
6 2020, and 2021 wildfires, hurricanes and other natural dis-
7 asters.
8 DEPARTMENT-WIDE PROGRAMS
9 WILDLAND FIRE MANAGEMENT
10 (INCLUDING TRANSFER OF FUNDS)
11 For an additional amount for ‘‘Wildland Fire Man-
12 agement’’, $100,000,000, to remain available until ex-
13 pended, for necessary expenses related to wildfires: Pro-
14 vided, That of the amounts provided under this heading in
15 this Act, $55,000,000 shall be for hazardous fuels manage-
16 ment activities: Provided further, That of the amounts pro-
17 vided under this heading in this Act, $45,000,000, shall be
18 for burned area recovery.
19 RELATED AGENCIES
20 DEPARTMENT OF AGRICULTURE
21 FOREST SERVICE
22 FOREST SERVICE OPERATIONS
23 For an additional amount for ‘‘Forest Service Oper-
24 ations’’, $105,000,000, to remain available until expended,
25 for necessary expenses related to the consequences of cal-
† HR 5305 EAS
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1 endar year 2019, 2020, and 2021 wildfires, hurricanes and
2 other natural disasters.
3 FOREST AND RANGELAND RESEARCH
4 For an additional amount for ‘‘Forest and Rangeland
5 Research’’, $25,000,000, to remain available until ex-
6 pended, for necessary expenses related to the consequences
7 of calendar year 2019, 2020, and 2021 wildfires, hurricanes
8 and other natural disasters for the forest inventory and
9 analysis program.
10 STATE AND PRIVATE FORESTRY
11 For an additional amount for ‘‘State and Private For-
12 estry’’, $50,000,000, to remain available until expended, for
13 necessary expenses related to the consequences of calendar
14 year 2019, 2020, and 2021 wildfires, hurricanes and other
15 natural disasters.
16 NATIONAL FOREST SYSTEM
17 For an additional amount for ‘‘National Forest Sys-
18 tem’’, $710,000,000, to remain available until expended:
19 Provided, That of the amounts provided under this heading
20 in this Act, $535,000,000 shall be for necessary expenses re-
21 lated to the consequences of calendar year 2019, 2020, and
22 2021 wildfires, hurricanes and other natural disasters, in-
23 cluding no less than $175,000,000 for high priority post-
24 wildfire restoration for watershed protection, critical habi-
25 tat, and burned area recovery: Provided further, That of
† HR 5305 EAS
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1 the amounts provided under this heading in this Act,
2 $175,000,000 shall be for hazardous fuels mitigation.
3 CAPITAL IMPROVEMENT AND MAINTENANCE
4 For an additional amount for ‘‘Capital Improvement
5 and Maintenance’’, $470,000,000, to remain available until
6 expended, for necessary expenses related to the consequences
7 of calendar year 2019, 2020, and 2021 wildfires, hurricanes
8 and other natural disasters.
9 GENERAL PROVISION—THIS TITLE
10 SEC. 1701. (a)(1) If services performed by the des-
11 ignated employees under paragraph (2) of this subsection
12 at the Department of the Interior or the Department of Ag-
13 riculture during 2021 are determined by the Secretary of
14 the Interior or the Secretary of Agriculture, as applicable,
15 to be primarily related to emergency wildland fire suppres-
16 sion activities, any premium pay for such services shall be
17 disregarded in calculating the aggregate of such employee’s
18 basic pay and premium pay for purposes of a limitation
19 under section 5547(a) of title 5, United States Code, or
20 under any other provision of law, whether such employee’s
21 pay is paid on a biweekly or calendar year basis. Any serv-
22 ices during 2021 that generate payments payable in 2022
23 shall be disregarded in applying this subsection.
24 (2) The premium pay waiver under paragraph (1) of
25 this subsection shall apply to individuals serving as
† HR 5305 EAS
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1 wildland firefighters and as fire management response offi-
2 cials, including regional fire directors, deputy regional fire
3 directors, agency officials who directly oversee fire oper-
4 ations, and fire management officers, and individuals serv-
5 ing on incident management teams (IMTs), at the National
6 Interagency Fire Center (NIFC), at Geographic Area Co-
7 ordinating Centers (GACCs), and at Operations centers.
8 (3) The Departments of the Interior and Agriculture
9 shall provide a report to Congress detailing the number of
10 positions, including by occupation, grade, and the aggregate
11 pay by type of pay for each individual who receives pay
12 authorized under subsection (a)(1).
13 (b) Any overtime pay for services described in sub-
14 section (a) that is payable under an authority outside of
15 title 5, United States Code, shall be disregarded in calcu-
16 lating any annual limit on the amount of overtime pay
17 payable in 2021.
18 (c) Any pay that is disregarded under either subsection
19 (a) or (b) shall be disregarded in calculating such employ-
20 ee’s aggregate pay for purposes of applying the limitation
21 in section 5307 of title 5, United States Code, during 2021.
22 (d)(1) Pay that is disregarded under subsection (a) or
23 (b) shall not cause the aggregate of the employee’s basic pay
24 and premium pay for the applicable calendar year to exceed
25 the rate of basic pay payable for a position at level II of
† HR 5305 EAS
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1 the Executive Schedule under section 5313 of title 5, United
2 States Code, as in effect at the end of such calendar year.
3 (2) For purposes of applying this subsection to an em-
4 ployee who would otherwise be subject to the premium pay
5 limits established under section 5547 of title 5, United
6 States Code, ‘‘premium pay’’ means the premium pay paid
7 under the provisions of law cited in section 5547(a).
8 (3) For purposes of applying this subsection to an em-
9 ployee under a premium pay limit established under an
10 authority other than section 5547 of title 5, United States
11 Code, the agency responsible for administering such limit
12 shall determine what payments are considered premium
13 pay.
14 (4) For the purpose of applying this subsection, ‘‘basic
15 pay’’ includes any applicable locality-based comparability
16 payment under section 5304 of title 5, United States Code,
17 any applicable special rate supplement under section 5305
18 of such title, or any equivalent payment under a similar
19 provision of law.
20 (e) This section shall take effect as if enacted on Janu-
21 ary 1, 2021.
22 (f) If application of this section results in the payment
23 of additional premium pay to a covered employee of a type
24 that is normally creditable as basic pay for retirement or
25 any other purpose, that additional pay shall not—
† HR 5305 EAS
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1 (1) be considered to be basic pay of the covered
2 employee for any purpose; or
3 (2) be used in computing a lump-sum payment
4 to the covered employee for accumulated and accrued
5 annual leave under section 5551 or section 5552 of
6 title 5, United States Code, or other similar provision
7 of law.
8 (g) Not later than 45 days after the date of enactment
9 of this Act, the Secretary of the Interior and Secretary of
10 Agriculture shall jointly provide to the Committees on Ap-
11 propriations of the House of Representatives and the Sen-
12 ate, the Senate Committee on Agriculture Nutrition and
13 Forestry, the House of Representatives Committee on Agri-
14 culture, the Senate Committee on Energy and Natural Re-
15 sources, the House of Representatives Committee on Natural
16 Resources, Senate Committee on Homeland Security and
17 Governmental Affairs, and the House of Representatives
18 Committee on Oversight and Reform, a framework to mod-
19 ernize the wildland firefighting workforce beginning in fis-
20 cal year 2022.
† HR 5305 EAS
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1 TITLE VIII
2 DEPARTMENT OF TRANSPORTATION
3 FEDERAL AVIATION ADMINISTRATION
4 FACILITIES AND EQUIPMENT
5 For an additional amount for ‘‘Facilities and Equip-
6 ment’’, $100,000,000, to remain available until September
7 30, 2024, for necessary expenses related to the consequences
8 of Hurricane Ida.
9 FEDERAL HIGHWAY ADMINISTRATION
10 EMERGENCY RELIEF PROGRAM
11 For an additional amount for the ‘‘Emergency Relief
12 Program’’ as authorized under section 125 of title 23,
13 United States Code, $2,600,000,000, to remain available
14 until expended.
15 DEPARTMENT OF HOUSING AND URBAN
16 DEVELOPMENT
17 COMMUNITY PLANNING AND DEVELOPMENT
18 COMMUNITY DEVELOPMENT FUND
19 (INCLUDING TRANSFERS OF FUNDS)
20 For an additional amount for ‘‘Community Develop-
21 ment Fund’’, $5,000,000,000, to remain available until ex-
22 pended, for necessary expenses for activities authorized
23 under title I of the Housing and Community Development
24 Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster re-
25 lief, long-term recovery, restoration of infrastructure and
† HR 5305 EAS
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1 housing, economic revitalization, and mitigation, in the
2 most impacted and distressed areas resulting from a major
3 disaster that occurred in 2020 or 2021 pursuant to the Rob-
4 ert T. Stafford Disaster Relief and Emergency Assistance
5 Act (42 U.S.C. 5121 et seq.): Provided, That amounts made
6 available under this heading in this Act shall be awarded
7 directly to the State, unit of general local government, or
8 Indian tribe (as such term is defined in section 102 of the
9 Housing and Community Development Act of 1974 (42
10 U.S.C. 5302)) at the discretion of the Secretary: Provided
11 further, That the Secretary shall allocate, using the best
12 available data, an amount equal to the total estimate for
13 unmet needs for qualifying disasters under this heading in
14 this Act: Provided further, That any final allocation for the
15 total estimate for unmet need made available under the pre-
16 ceding proviso shall include an additional amount of 15
17 percent of such estimate for additional mitigation: Provided
18 further, That of the amounts made available under this
19 heading in this Act, no less than $1,610,000,000 shall be
20 allocated for major declared disasters that occurred in 2020
21 within 30 days of the date of enactment of this Act: Pro-
22 vided further, That the Secretary shall not prohibit the use
23 of amounts made available under this heading in this Act
24 for non-Federal share as authorized by section 105(a)(9) of
25 the Housing and Community Development Act of 1974 (42
† HR 5305 EAS
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1 U.S.C. 5305(a)(9)): Provided further, That of the amounts
2 made available under this heading in this Act, grantees
3 may establish grant programs to assist small businesses for
4 working capital purposes to aid in recovery: Provided fur-
5 ther, That as a condition of drawing funds for any activity
6 other than general administration, the Secretary shall cer-
7 tify in advance that such grantee has in place proficient
8 financial controls and procurement processes and has estab-
9 lished adequate procedures to prevent any duplication of
10 benefits as defined by section 312 of the Robert T. Stafford
11 Disaster Relief and Emergency Assistance Act (42 U.S.C.
12 5155), to ensure timely expenditure of funds, to maintain
13 comprehensive websites regarding all disaster recovery ac-
14 tivities assisted with amounts made available under this
15 heading in this Act, and to detect and prevent waste, fraud,
16 and abuse of funds: Provided further, That with respect to
17 any such duplication of benefits, the Secretary shall act in
18 accordance with section 1210 of Public Law 115–254 (132
19 Stat. 3442) and section 312 of the Robert T. Stafford Dis-
20 aster Relief and Emergency Assistance Act (42 U.S.C.
21 5155): Provided further, That the Secretary shall require
22 grantees to maintain on a public website information con-
23 taining common reporting criteria established by the De-
24 partment that permits individuals and entities awaiting
25 assistance and the general public to see how all grant funds
† HR 5305 EAS
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1 are used, including copies of all relevant procurement docu-
2 ments, including grantee administrative contracts and de-
3 tails of ongoing procurement processes, as determined by
4 the Secretary: Provided further, That prior to the obligation
5 of funds a grantee shall submit a plan to the Secretary for
6 approval detailing the proposed use of all funds, including
7 criteria for eligibility and how the use of these funds will
8 address long-term recovery and restoration of infrastructure
9 and housing, economic revitalization, and mitigation in the
10 most impacted and distressed areas: Provided further, That
11 such funds may not be used for activities reimbursable by,
12 or for which funds are made available by, the Federal
13 Emergency Management Agency or the Army Corps of En-
14 gineers: Provided further, That funds allocated under this
15 heading in this Act shall not be considered relevant to the
16 non-disaster formula allocations made pursuant to section
17 106 of the Housing and Community Development Act of
18 1974 (42 U.S.C. 5306): Provided further, That a State, unit
19 of general local government, or Indian tribe may use up
20 to 5 percent of its allocation for administrative costs related
21 to a major disaster under this heading in this Act and for
22 the same purposes in prior and future Acts and such
23 amounts shall be available for any eligible administrative
24 costs without regard to a particular disaster: Provided fur-
25 ther, That in administering the amounts made available
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1 under this heading in this Act, the Secretary of Housing
2 and Urban Development may waive, or specify alternative
3 requirements for, any provision of any statute or regulation
4 that the Secretary administers in connection with the obli-
5 gation by the Secretary or the use by the recipient of these
6 funds (except for requirements related to fair housing, non-
7 discrimination, labor standards, and the environment), if
8 the Secretary finds that good cause exists for the waiver
9 or alternative requirement and such waiver or alternative
10 requirement would not be inconsistent with the overall pur-
11 pose of title I of the Housing and Community Development
12 Act of 1974: Provided further, That, notwithstanding the
13 preceding proviso, recipients of funds provided under this
14 heading in this Act that use such funds to supplement Fed-
15 eral assistance provided under section 402, 403, 404, 406,
16 407, 408(c)(4), or 502 of the Robert T. Stafford Disaster
17 Relief and Emergency Assistance Act (42 U.S.C. 5121 et
18 seq.) may adopt, without review or public comment, any
19 environmental review, approval, or permit performed by a
20 Federal agency, and such adoption shall satisfy the respon-
21 sibilities of the recipient with respect to such environmental
22 review, approval or permit: Provided further, That, not-
23 withstanding section 104(g)(2) of the Housing and Commu-
24 nity Development Act of 1974 (42 U.S.C. 5304(g)(2)), the
25 Secretary or a State may, upon receipt of a request for re-
† HR 5305 EAS
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1 lease of funds and certification, immediately approve the
2 release of funds for an activity or project assisted under
3 this heading in this Act if the recipient has adopted an
4 environmental review, approval or permit under the pre-
5 ceding proviso or the activity or project is categorically ex-
6 cluded from review under the National Environmental Pol-
7 icy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further,
8 That the Secretary shall publish via notice in the Federal
9 Register or on the website of the Department any waiver,
10 or alternative requirement, to any statute or regulation that
11 the Secretary administers pursuant to title I of the Housing
12 and Community Development Act of 1974 no later than 5
13 days before the effective date of such waiver or alternative
14 requirement: Provided further, That the Secretary is au-
15 thorized to approve the use of amounts made available
16 under this heading in this Act or a prior or future Act for
17 activities authorized under title I of the Housing and Com-
18 munity Development Act of 1974 (42 U.S.C. 5301 et seq.)
19 related to unmet recovery needs in the most impacted and
20 distressed areas resulting from a major disaster in this Act
21 or in a prior or future Act to be used interchangeably and
22 without limitation for the same activities in the most im-
23 pacted and distressed areas resulting from other major dis-
24 asters assisted under this Act or a prior or future Act when
25 such areas overlap and when the use of the funds will ad-
† HR 5305 EAS
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1 dress unmet recovery needs of both disasters: Provided fur-
2 ther, That, until the Secretary publishes a Federal Register
3 Notice establishing the requirements for the previous pro-
4 viso, grantees that received grants under the same heading
5 for 2017, 2018 or 2019 disasters may submit for approval
6 revised plans for the use of funds related to those major dis-
7 asters to expand the eligible beneficiaries of existing pro-
8 grams contained in such previously approved plans to in-
9 clude those impacted by disasters in 2020 or 2021: Provided
10 further, That of the amounts made available under this
11 heading in this Act, up to $7,000,000 shall be made avail-
12 able for capacity building and technical assistance, includ-
13 ing assistance on contracting and procurement, to support
14 States, units of general local government, or Indian tribes,
15 and subrecipients that receive allocations for disaster recov-
16 ery pursuant to the authority under this heading in this
17 Act and allocations for disaster recovery in any prior or
18 future Acts: Provided further, That of the amounts made
19 available under this heading in this Act, up to $5,500,000
20 shall be transferred to ‘‘Department of Housing and Urban
21 Development—Program Office Salaries and Expenses—
22 Community Planning and Development’’ for necessary
23 costs, including information technology costs, of admin-
24 istering and overseeing the obligation and expenditure of
25 amounts made available under the heading ‘‘Community
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1 Development Fund’’ in this Act or any prior or future Act
2 that makes amounts available for purposes related to major
3 disasters under such heading.
4 TITLE IX
5 GENERAL PROVISIONS—THIS ACT
6 SEC. 1901. Each amount appropriated or made avail-
7 able by this Act is in addition to amounts otherwise appro-
8 priated for the fiscal year involved.
9 SEC. 1902. No part of any appropriation contained
10 in this Act shall remain available for obligation beyond the
11 current fiscal year unless expressly so provided herein.
12 SEC. 1903. Unless otherwise provided for by this Act,
13 the additional amounts appropriated by this Act to appro-
14 priations accounts shall be available under the authorities
15 and conditions applicable to such appropriations accounts
16 for fiscal year 2022.
17 SEC. 1904. Each amount provided by this division is
18 designated by the Congress as being for an emergency re-
19 quirement pursuant to section 4001(a)(1) and section
20 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
21 resolution on the budget for fiscal year 2022.
22 This division may be cited as the ‘‘Disaster Relief Sup-
23 plemental Appropriations Act, 2022’’.
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1 DIVISION C—AFGHANISTAN SUPPLE-
2 MENTAL APPROPRIATIONS ACT, 2022
3 The following sums are appropriated, out of any
4 money in the Treasury not otherwise appropriated, for the
5 fiscal year ending September 30, 2022, and for other pur-
6 poses, namely:
7 TITLE I
8 DEPARTMENT OF JUSTICE
9 FEDERAL BUREAU OF INVESTIGATION
10 SALARIES AND EXPENSES
11 For an additional amount for ‘‘Salaries and Ex-
12 penses’’, $50,000,000, to remain available until September
13 30, 2022, for investigative activities associated with Afghan
14 resettlement operations.
15 TITLE II
16 DEPARTMENT OF DEFENSE
17 OPERATION AND MAINTENANCE
18 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
19 For an additional amount for ‘‘Overseas Humani-
20 tarian, Disaster, and Civic Aid’’, $2,200,000,000, to remain
21 available until September 30, 2023, for support of Oper-
22 ation Allies Welcome by the Department of Defense.
23 GENERAL PROVISIONS—THIS TITLE
24 SEC. 2201. Not later than 30 days after the date of
25 enactment of this Act, and every 30 days thereafter through
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1 fiscal year 2022, the Secretary of Defense shall provide a
2 written report to the congressional defense committees de-
3 scribing the execution of funds provided in this title, includ-
4 ing the amounts obligated and expended, in total and since
5 the previous report; the nature of the costs incurred or serv-
6 ices provided by such funds; and any reimbursements or
7 funds transferred by another Federal agency to the Depart-
8 ment of Defense which relates to the purpose of the funds
9 provided by this title.
10 SEC. 2202. Notwithstanding any other provision of
11 law, funds provided by this title shall only be for the pur-
12 poses specified, and shall not be subject to any transfer au-
13 thority provided by law.
14 SEC. 2203. The Inspector General of the Department
15 of Defense shall carry out reviews of the activities of the
16 Department of Defense to transport and care for Afghans,
17 including but not limited to, the humane treatment and liv-
18 ing conditions of Afghans at any Department of Defense
19 facility; the use of funds by the Department of Defense to
20 support such persons, including the monitoring of potential
21 waste, fraud, or abuse of such funds; and any related issues
22 that the Inspector General may direct: Provided, That the
23 Inspector General shall provide to the congressional defense
24 committees periodic updates on such oversight efforts and
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1 a written report to such committees not later than 60 days
2 after the date of enactment of this Act.
3 SEC. 2204. Title IX of division C of Public Law 116–
4 260 is amended under the heading ‘‘Afghanistan Security
5 Forces Fund’’ by inserting the following before the penul-
6 timate proviso: ‘‘Provided further, That the Secretary of De-
7 fense may obligate and expend funds made available under
8 this heading for costs associated with the termination of
9 contracts previously funded with amounts provided under
10 this heading in prior Acts, and to pay valid invoices in
11 satisfaction of liabilities under such contracts for which the
12 applicable prior appropriation cannot be identified:’’.
13 SEC. 2205. Not later than 90 days after the date of
14 enactment of this Act, the Secretary of Defense, in consulta-
15 tion with the Service Secretaries and the Commander of
16 United States Central Command, shall submit to the con-
17 gressional defense committees a report regarding the dis-
18 position of United States property, equipment, and sup-
19 plies, including property, equipment, and supplies provided
20 to the Afghanistan National Security Forces, which were
21 destroyed, taken out of Afghanistan, or remain in Afghani-
22 stan in connection with the United States military with-
23 drawal: Provided, That such report shall include informa-
24 tion on the future plans of the Department of Defense re-
25 garding any such items.
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1 TITLE III
2 DEPARTMENT OF HEALTH AND HUMAN
3 SERVICES
4 CENTERS FOR DISEASE CONTROL AND PREVENTION
5 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT
6 For an additional amount for ‘‘CDC–Wide Activities
7 and Program Support’’, $21,500,000, for support of Oper-
8 ation Allies Welcome, to remain available until September
9 30, 2022, for medical support, screening, and other related
10 public health activities related to Afghan arrivals and refu-
11 gees.
12 ADMINISTRATION FOR CHILDREN AND FAMILIES
13 REFUGEE AND ENTRANT ASSISTANCE
14 For an additional amount for ‘‘Refugee and Entrant
15 Assistance’’, $1,680,000,000, to remain available until Sep-
16 tember 30, 2023, for support of Operation Allies Welcome
17 for carrying out refugee and entrant assistance activities
18 in support of citizens or nationals of Afghanistan paroled
19 into the United States under section 212(d)(5) of the Immi-
20 gration and Nationality Act and citizens or nationals of
21 Afghanistan for whom such refugee and entrant assistance
22 activities are authorized: Provided, That amounts made
23 available under this heading in this Act may be used for
24 grants or contracts with qualified nonprofit organizations
25 to provide culturally and linguistically appropriate serv-
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1 ices, including wrap-around services during temporary
2 housing and after resettlement, housing assistance, medical
3 assistance, legal assistance, and case management assist-
4 ance: Provided further, That the Director of the Office of
5 Refugee Resettlement, in carrying out section 412(c)(1)(A)
6 of the Immigration and Nationality Act with amounts
7 made available under this heading in this Act, may allocate
8 such amounts among the States in a manner that accounts
9 for the most current data available.
10 CHILDREN AND FAMILIES SERVICES PROGRAMS
11 For an additional amount for ‘‘Children and Families
12 Services Programs’’, $7,773,000, to remain available until
13 September 30, 2022, for support of Operation Allies Wel-
14 come for necessary administrative expenses to carry out ref-
15 ugee and entrant assistance activities in support of citizens
16 or nationals of Afghanistan.
17 GENERAL PROVISION—THIS TITLE
18 SEC. 2301. (a) Not later than 45 days after the date
19 of enactment of this Act, the Secretary of Health and
20 Human Services, the Secretary of State, and the Secretary
21 of Homeland Security shall jointly submit a strategy on
22 Afghan evacuee resettlement to the appropriate congres-
23 sional committees and leadership describing agency roles
24 and responsibilities, vetting, immigration status of each Af-
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1 ghan, and anticipated costs associated with implementing
2 such strategy.
3 (b) DEFINITION OF AFGHAN EVACUEE.—In this sec-
4 tion, the term ‘‘Afghan evacuee’’ means a person whose
5 evacuation from Afghanistan to the United States, or a lo-
6 cation overseas controlled by the United States, was facili-
7 tated by the United States as part of Operation Allies Ref-
8 uge.
9 TITLE IV
10 DEPARTMENT OF STATE
11 ADMINISTRATION OF FOREIGN AFFAIRS
12 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR
13 SERVICE
14 For an additional amount for ‘‘Emergencies in the
15 Diplomatic and Consular Service’’, $276,900,000, to re-
16 main available until expended, for support for Operation
17 Allies Welcome and related efforts by the Department of
18 State, including additional relocations of individuals at
19 risk as a result of the situation in Afghanistan and related
20 expenses, and to reimburse the account under this heading
21 in prior acts making appropriations for the Department
22 of State, foreign operations, and related programs for obli-
23 gations previously incurred.
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1 BILATERAL ECONOMIC ASSISTANCE
2 FUNDS APPROPRIATED TO THE PRESIDENT
3 INTERNATIONAL DISASTER ASSISTANCE
4 For an additional amount for ‘‘International Disaster
5 Assistance’’, $400,000,000, to remain available until ex-
6 pended, to address humanitarian needs in Afghanistan and
7 the region impacted by the situation in Afghanistan.
8 DEPARTMENT OF STATE
9 MIGRATION AND REFUGEE ASSISTANCE
10 For an additional amount for ‘‘Migration and Refugee
11 Assistance’’, $415,000,000, to remain available until ex-
12 pended, to address humanitarian needs in, and to assist
13 refugees from, Afghanistan.
14 UNITED STATES EMERGENCY REFUGEE AND MIGRATION
15 ASSISTANCE FUND
16 For an additional amount for ‘‘United States Emer-
17 gency Refugee and Migration Assistance Fund’’,
18 $1,076,100,000, to remain available until expended, not-
19 withstanding section 2(c)(2) of the Migration and Refugee
20 Assistance Act of 1962 (22 U.S.C. 2601(c)(2)), of which
21 $976,100,000 is for support for Operation Allies Welcome
22 and related efforts by the Department of State, including
23 additional relocations of individuals at risk as a result of
24 the situation in Afghanistan and related expenses, and
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1 $100,000,000 is to respond to other unexpected and urgent
2 humanitarian emergencies.
3 GENERAL PROVISIONS—THIS TITLE
4 SEC. 2401. During fiscal years 2022 and 2023, not-
5 withstanding any applicable restrictions on the ability of
6 the Department of State and the United States Agency for
7 International Development to enter into personal services
8 contracts, including section 704 of the Financial Services
9 and General Government Appropriations Act, 2021 (divi-
10 sion E of Public Law 116–260) as continued by section 101
11 of division A of this Act (and any successor provision in
12 a subsequently enacted appropriations Act), the authorities
13 of section 2(c) of the State Department Basic Authorities
14 Act of 1956 (22 U.S.C. 2669(c)), section 636(a)(3) of the
15 Foreign Assistance Act of 1961 (22 U.S.C. 2396(a)(3)), and
16 section 5(a)(6) of the Migration and Refugee Assistance Act
17 of 1962 (22 U.S.C. 2605(a)(6)) may be exercised, without
18 regard to the geographic limitations referenced therein, par-
19 ticularly to enter into, extend, and maintain contracts with
20 individuals who have served as locally employed staff of the
21 United States mission in Afghanistan.
22 SEC. 2402. The Secretary of State, in consultation
23 with the Administrator of the United States Agency for
24 International Development, shall submit to the Committees
25 on Appropriations, not later than 45 days after the date
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1 of enactment of this Act, a report on the proposed uses of
2 funds appropriated by this title under the headings ‘‘Emer-
3 gencies in the Diplomatic and Consular Service’’ and
4 ‘‘United States Emergency Refugee and Migration Assist-
5 ance Fund’’, by program, project, and activity, for which
6 the obligation of funds is anticipated: Provided, That such
7 report shall be updated (including any changes in proposed
8 uses from the initial plan) and submitted to the Committees
9 on Appropriations every 45 days until September 30, 2023.
10 SEC. 2403. Not later than 45 days after the date of
11 enactment of this Act, the Secretary of State, in consulta-
12 tion with the Secretary of Homeland Security and the heads
13 of other relevant Federal agencies, shall submit to the Com-
14 mittees on Appropriations a report on the status of the Pri-
15 ority 2 (P–2) designation granting United States Refugee
16 Admissions Program (USRAP) access for certain at risk
17 Afghan nationals and their eligible family members that
18 was announced by the Department of State on August 2,
19 2021: Provided, That such report shall include the approxi-
20 mate number of Afghan nationals and their eligible family
21 members who have been referred to the program, the number
22 of Afghan nationals who have contacted a Resettlement
23 Support Center to begin processing of their P–2 referral,
24 the estimated time for processing such applications, an as-
25 sessment of the obstacles facing P–2 eligible individuals
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1 seeking to leave Afghanistan, and a plan for augmenting
2 personnel needed for refugee processing or humanitarian
3 parole: Provided further, That such report shall be sub-
4 mitted in unclassified form, but may be accompanied by
5 a classified annex.
6 SEC. 2404. None of the funds appropriated in this title
7 and made available for assistance for Afghanistan may be
8 made available for direct assistance to the Taliban.
9 TITLE V
10 GENERAL PROVISIONS—THIS ACT
11 SEC. 2501. In addition to amounts otherwise made
12 available, there is appropriated for ‘‘U.S. Citizenship and
13 Immigration Services—Immigration Examinations Fee
14 Account’’, $193,000,000, to remain available until ex-
15 pended, for necessary expenses in support of Operation Al-
16 lies Welcome, to be deposited and used as provided in sec-
17 tion 286(n) of the Immigration and Nationality Act (8
18 U.S.C. 1356(n)): Provided, That such amounts shall be in
19 addition to any other amounts made available for such pur-
20 poses and shall not be construed to require any reduction
21 of any fee described in section 286(m) of the Immigration
22 and Nationality Act (8 U.S.C. 1356(m)): Provided further,
23 That amounts provided in this section shall only be for the
24 purposes specified, and notwithstanding any other provi-
25 sion of law are not available for non-expenditure transfer
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1 or reprogramming: Provided further, That within 15 days
2 of the date of enactment of this Act, U.S. Citizenship and
3 Immigration Services shall provide to the Committees on
4 Appropriations and the Committees on the Judiciary of the
5 Senate and the House of Representatives an expenditure
6 plan for the funds provided under this paragraph, and
7 every 30 days thereafter shall provide updated execution
8 data to such Committees for such funds: Provided further,
9 That the reporting requirement in the previous proviso shall
10 end on September 30, 2026.
11 SEC. 2502. (a) IN GENERAL.—Notwithstanding any
12 other provision of law, a citizen or national of Afghanistan
13 (or a person with no nationality who last habitually resided
14 in Afghanistan) shall be eligible for the benefits described
15 in subsections (b) and (c) if—
16 (1) such individual completed security and law
17 enforcement background checks to the satisfaction of
18 the Secretary of Homeland Security and was subse-
19 quently—
20 (A) paroled into the United States between
21 July 31, 2021, and September 30, 2022; or
22 (B) paroled into the United States after
23 September 30, 2022, and—
24 (i) is the spouse or child (as such term
25 is defined under section 101(b) of the Immi-
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1 gration and Nationality Act (8 U.S.C.
2 1101(b)) of an individual described in sub-
3 paragraph (A); or
4 (ii) is the parent or legal guardian of
5 an individual described in subparagraph
6 (A) who is determined to be an unaccom-
7 panied child under 6 U.S.C. 279(g)(2); and
8 (2) such individual’s parole has not been termi-
9 nated by the Secretary of Homeland Security.
10 (b) BENEFITS.—An individual described in subsection
11 (a) shall be eligible for—
12 (1) resettlement assistance, entitlement programs,
13 and other benefits available to refugees admitted
14 under section 207 of the Immigration and Nation-
15 ality Act (8 U.S.C. 1157) until March 31, 2023, or
16 the term of parole granted under subsection (a),
17 whichever is later;
18 (2) services described under section 412(d)(2) of
19 the Immigration and Nationality Act (8 U.S.C.
20 1522(d)(2)), subject to subparagraph (B) of such sec-
21 tion, if such individual is an unaccompanied alien
22 child as defined under 6 U.S.C. 279(g)(2); and
23 (3) a driver’s license or identification card under
24 section 202 of the REAL ID Act of 2005 (division B
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1 of Public Law 109–13; 49 U.S.C. 30301 note), not-
2 withstanding subsection (c)(2)(B) of such Act.
3 (c) EXPEDITIOUS ADJUDICATION OF ASYLUM APPLICA-
4 TIONS.—With respect to an application for asylum under
5 section 208 of the Immigration and Nationality Act (8
6 U.S.C. 1158) filed by an individual described in subsection
7 (a), the Secretary of Homeland Security shall—
8 (1) conduct the initial interview on the asylum
9 application not later than 45 days after the date on
10 which the application is filed; and
11 (2) in the absence of exceptional circumstances,
12 issue a final administrative adjudication on the asy-
13 lum application within 150 days after the date the
14 application is filed.
15 (d) CLARIFICATION.—Notwithstanding any other pro-
16 vision of law, nothing in this act shall be interpreted to—
17 (1) preclude an individual described in sub-
18 section (a), from applying for or receiving any immi-
19 gration benefits to which such individual is otherwise
20 eligible; or
21 (2) entitle a person described in subsection (a) to
22 lawful permanent resident status.
23 (e) REPORT.—Not later than 120 days after the date
24 of enactment of this Act, and every 3 months thereafter, the
25 Secretary of Homeland Security, in consultation with the
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1 Secretary of Defense and the Secretary of State, shall sub-
2 mit a report to Congress detailing the number of individ-
3 uals described in subsection (a); the number of individuals
4 receiving benefits in subsection (b), including their eligi-
5 bility for benefits as refugees notwithstanding this Act; and
6 any other information deemed relevant by the Secretary.
7 REPORTING REQUIREMENT
8 SEC. 2503. (a) IN GENERAL.—Not later than 60 days
9 after the date of the enactment of this Act, and quarterly
10 thereafter through September 30, 2023, the Secretary of
11 Homeland Security, in coordination with the head of any
12 other applicable Federal agency, shall submit to Congress
13 a report that includes the elements described in subsection
14 (b).
15 (b) ELEMENTS.—The report required by subsection (a)
16 shall include the following:
17 (1) A summary of the status of Afghan evacuees,
18 including—
19 (A) the number of the Afghan evacuees
20 present in the United States, located at overseas
21 bases of the United States Armed Forces, or lo-
22 cated in third countries who are not located at
23 such a base including—
24 (i) the number who are U.S. lawful
25 permanent residents;
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1 (ii) the number who are Special Immi-
2 grant Visa holders;
3 (iii) the number who are Special Im-
4 migrant Visa applicants;
5 (iv) the number who are in possession
6 of a valid nonimmigrant visa to enter the
7 United States;
8 (v) the number who are employees of a
9 U.S. Government agency;
10 (vi) the number who are employees of
11 a U.S. funded partner organization, media,
12 or non-profit;
13 (vii) the number of Priority 1 refugee
14 referrals;
15 (viii) the number of Priority 2 refugee
16 referrals;
17 (ix) the number who have been relo-
18 cated from the United States to a third
19 country, and the country to which they were
20 relocated; and
21 (x) the number who do not fall into
22 any of the above categories;
23 (B) the number of Afghan evacuees at over-
24 seas bases or other official staging areas who
25 have been flagged as potential security concerns
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1 or risks or included on the United States no-fly
2 list and who were therefore denied clearance to
3 enter the United States; and
4 (C) the number of the Afghan evacuees who
5 have been paroled into the United States—
6 (i) the number whose parole was termi-
7 nated; and
8 (ii) the number whose parole has been
9 extended.
10 (2) The number of Afghan evacuees who have
11 been interviewed by U.S. Citizenship and Immigra-
12 tion Services in connection with an application or
13 petition for immigration benefits, including—
14 (A) the number of such interviews conducted
15 since the United States withdrawal;
16 (B) the rate at which individuals were
17 granted or refused the benefits that formed the
18 basis for such interviews;
19 (C) the number of individuals who did not
20 appear at a scheduled interview; and
21 (D) a description of the procedures for
22 screening for and detecting child marriage,
23 human trafficking, gender-based violence, and
24 marriages entered into or relationships as
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1 fiancee or fiance claimed for the sole purpose of
2 securing evacuation.
3 (3) For each Federal department and agency in-
4 volved in Operation Allies Welcome—
5 (A) as of the date of the report, the costs in-
6 curred; and
7 (B) an identification of the source of appro-
8 priated or other funds used to fund the effort.
9 (c) DEFINITION OF AFGHAN EVACUEE.—In this sec-
10 tion, the term ‘‘Afghan evacuee’’ means a person whose
11 evacuation from Afghanistan to the United States, or a lo-
12 cation overseas controlled by the United States, was facili-
13 tated by the United States as part of Operation Allies Ref-
14 uge.
15 SEC. 2504. Each amount appropriated or made avail-
16 able by this Act is in addition to amounts otherwise appro-
17 priated for the fiscal year involved.
18 SEC. 2505. No part of any appropriation contained
19 in this Act shall remain available for obligation beyond the
20 current fiscal year unless expressly so provided herein.
21 SEC. 2506. Unless otherwise provided for by this Act,
22 the additional amounts appropriated by this Act to appro-
23 priations accounts shall be available under the authorities
24 and conditions applicable to such appropriations accounts
25 for fiscal year 2022.
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1 SEC. 2507. Each amount provided by this division is
2 designated by the Congress as being for an emergency re-
3 quirement pursuant to section 4001(a)(1) and section
4 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent
5 resolution on the budget for fiscal year 2022.
6 This division may be cited as the ‘‘Afghanistan Sup-
7 plemental Appropriations Act, 2022’’.
8 DIVISION D—OTHER MATTERS
9 TITLE I—EXTENSIONS, TECH-
10 NICAL CORRECTIONS, AND
11 OTHER MATTERS
12 SEC. 3101. EXTENSION OF AUTHORITY TO MAKE CERTAIN
13 APPOINTMENTS FOR NATIONAL DISASTER
14 MEDICAL SYSTEM.
15 Section 2812(c)(4)(B) of the Public Health Service Act
16 (42 U.S.C. 300hh–11(c)(4)(B)) is amended by striking
17 ‘‘September 30, 2021’’ and inserting ‘‘December 3, 2021’’.
18 SEC. 3102. EXTENDING CERTAIN WAIVER AUTHORITIES.
19 (a) NATIONAL SCHOOL LUNCH PROGRAM REQUIRE-
20 MENT WAIVERS ADDRESSING COVID–19.—Section 2202(e)
21 of the Families First Coronavirus Response Act (Public
22 Law 116–127; 42 U.S.C. 1760 note) is amended by striking
23 ‘‘September 30, 2021’’ and inserting ‘‘June 30, 2022: Pro-
24 vided, That such waivers shall only apply to school year
25 2021–2022’’.
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1 (b) FUNDING.—There are hereby appropriated, out of
2 any funds in the Treasury not otherwise appropriated, such
3 sums as may be necessary to carry out this section.
4 SEC. 3103. EXTENSION OF ADDITIONAL SPECIAL ASSESS-
5 MENT.
6 Section 3014(a) of title 18, United States Code, is
7 amended by striking ‘‘September 30, 2021’’ and inserting
8 ‘‘December 31, 2021’’.
9 SEC. 3104. EXTENSION OF TEMPORARY ORDER FOR
10 FENTANYL-RELATED SUBSTANCES.
11 Effective as if included in the enactment of the Tem-
12 porary Reauthorization and Study of the Emergency
13 Scheduling of Fentanyl Analogues Act (Public Law 116–
14 114), section 2 of such Act (as amended by Public Law 117–
15 12) is amended by striking ‘‘October 22, 2021’’ and insert-
16 ing ‘‘January 28, 2022’’.
17 SEC. 3105. EXTENDING THE INCREASED FEDERAL MEDICAL
18 ASSISTANCE PERCENTAGE FOR TERRI-
19 TORIES.
20 (a) IN GENERAL.—Section 1905(ff) of the Social Secu-
21 rity Act (42 U.S.C. 1396d(ff)) is amended—
22 (1) in paragraph (2), by striking ‘‘September 30,
23 2021’’ and inserting ‘‘December 3, 2021’’ ; and
24 (2) in paragraph (3), by striking ‘‘September 30,
25 2021’’ and inserting ‘‘December 3, 2021’’.
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1 (b) GAO REVIEW.—Not later than November 15, 2021,
2 the Comptroller General of the United States shall review
3 the determination of the allotment for Puerto Rico for fiscal
4 year 2022 under section 1108(g) of the Social Security Act
5 (42 U.S.C. 1308(g)), and include in the review the legal
6 opinion of the Comptroller General on the most plausible
7 plain reading of how such fiscal year 2022 allotment level
8 should be calculated.
9 SEC. 3106. MEDICARE IMPROVEMENT FUND.
10 Section 1898(b)(1) of the Social Security Act (42
11 U.S.C. 1395iii(b)(1)) is amended by striking
12 ‘‘$165,000,000’’ and inserting ‘‘$69,000,000’’.
13 TITLE II—BUDGETARY EFFECTS
14 SEC. 3201. BUDGETARY EFFECTS.
15 (a) STATUTORY PAYGO SCORECARDS.—The budg-
16 etary effects of this division shall not be entered on either
17 PAYGO scorecard maintained pursuant to section 4(d) of
18 the Statutory Pay-As-You-Go Act of 2010.
19 (b) SENATE PAYGO SCORECARDS.—The budgetary ef-
20 fects of this division shall not be entered on any PAYGO
21 scorecard maintained for purposes of section 4106 of H.
22 Con. Res. 71 (115th Congress).
23 (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Not-
24 withstanding Rule 3 of the Budget Scorekeeping Guidelines
25 set forth in the joint explanatory statement of the committee
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1 of conference accompanying Conference Report 105–217
2 and section 250(c)(8) of the Balanced Budget and Emer-
3 gency Deficit Control Act of 1985, the budgetary effects of
4 this division shall not be estimated—
5 (1) for purposes of section 251 of such Act;
6 (2) for purposes of an allocation to the Com-
7 mittee on Appropriations pursuant to section 302(a)
8 of the Congressional Budget Act of 1974; and
9 (3) for purposes of paragraph (4)(C) of section
10 3 of the Statutory Pay-As-You-Go Act of 2010 as
11 being included in an appropriation Act.
Attest:
Secretary.
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117TH CONGRESS
1ST SESSION H.R. 5305
AMENDMENT
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