Senate Record, September 29, 2021 — Congressional Record
Summary
Page S6788 of the Senate section of the Congressional Record for September 29, 2021, in interleaved columns. Resolution text recounts the National Geospatial-Intelligence Agency's mapping legacy, saying it covers more than 80 percent of the land surface of the Earth at 30-meter resolution. Bill text begins Division A on continuing appropriations, with a section stating that references to this Act in a division refer only to that division, and includes a provision that no funds may be obligated or expended to implement or enforce a COVID-19 vaccine mandate. A further provision refers to the number of persons whose parole has been extended.
Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used
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“Senate Record, September 29, 2021 — Congressional Record.”
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S6788 CONGRESSIONAL RECORD — SENATE September 29, 2021
than 80 percent of the land surface of the (1) delivering trusted GEOINT for decision SEC. 3. REFERENCES.
Earth at 30-meter resolution; advantage; Except as expressly provided otherwise,
Whereas the NGA carries on the proud leg- (2) protecting the United States by reduc- any reference to ‘‘this Act’’ contained in any
acy of this project with the evolution to full ing strategic surprises; and division of this Act shall be treated as refer-
3-dimensional-elevation modeling; (3) elevating the understanding of the ring only to the provisions of that division.
Whereas the Maritime Safety Office of the United States of the world and space to an- DIVISION A—CONTINUING
NGA, which traces its lineage to the year ticipate potential threats: Now, therefore, be APPROPRIATIONS ACT, 2022
1830, collects and analyzes data for and pub- it The following sums are hereby appro-
lishes the Notices to Mariners to provide Resolved, That the Senate— priated, out of any money in the Treasury
government, civilian, and international (1) congratulates the women and men of not otherwise appropriated, and out of appli-
mariners with vital, up-to-date maritime the National Geospatial-Intelligence Agency cable corporate or other revenues, receipts,
safety information that helps ensure safe on the occasion of the 25th anniversary of and funds, for the several departments, agen-
navigation all over the world; the Agency; cies, corporations, and other organizational
Whereas the NGA also supports military (2) honors the professional women and units of Government for fiscal year 2022, and
and commercial vessels worldwide with navi- men, past and present, of the National for other purposes, namely:
gational products and warning messages; Geospatial-Intelligence Agency for their self- SEC. 101. Such amounts as may be nec-
Whereas, in addition to legacy paper less service and dedication to the United essary, at a rate for operations as provided
charts, NGA provides worldwide digital nau- States; and in the applicable appropriations Acts for fis-
tical charts that ensure safety of navigation (3) expresses gratitude to all the women cal year 2021 and under the authority and
to a broad base of users; and men of the National Geospatial-Intel- conditions provided in such Acts, for con-
Whereas the Aeronautical Navigation Of- ligence Agency for their past and continued tinuing projects or activities (including the
fice of the NGA, which traces its lineage to efforts to provide timely and accurate costs of direct loans and loan guarantees)
the year 1943, produces timely, relevant, and geospatial-intelligence support to deliver that are not otherwise specifically provided
accurate aeronautical GEOINT to support overwhelming advantage to warfighters, de- for in this Act, that were conducted in fiscal
more than 13,000 Department of Defense air- fense planners, and defense and national se- year 2021, and for which appropriations,
planes and their crew members, allowing curity policymakers in the defense and secu- funds, or other authority were made avail-
them to safely navigate around the world rity of the United States. able in the following appropriations Acts:
every day;
f (1) The Agriculture, Rural Development,
Whereas the NGA has converted from
Food and Drug Administration, and Related
paper maps to downloadable digital maps AMENDMENTS SUBMITTED AND Agencies Appropriations Act, 2021 (division A
and content, reducing the gear that pilots PROPOSED of Public Law 116–260), except section 799D,
need to carry while also ensuring that the
SA 3830. Mr. LEAHY submitted an amend- and including title IV of division O of Public
Department of Defense meets global airspace
ment intended to be proposed by him to the Law 116–260.
mandates for performance-based navigation; (2) The Commerce, Justice, Science, and
Whereas the NGA continues to innovate, bill H.R. 5305, making continuing appropria-
tions for the fiscal year ending September 30, Related Agencies Appropriations Act, 2021
pursuing new methods of intelligence collec- (division B of Public Law 116–260), except the
tion and analysis to inform, complement, 2022, and for providing emergency assistance,
and for other purposes; which was ordered to proviso in section 541 and sections 542 and
and add to the support of warfighter and pol- 543.
icymaker requirements by— lie on the table.
SA 3831. Mr. MARSHALL (for himself and (3) The Department of Defense Appropria-
(1) embracing innovative cost-sharing and
Mr. BRAUN) submitted an amendment in- tions Act, 2021 (division C of Public Law 116–
risk-sharing constructs with the commercial
tended to be proposed by him to the bill H.R. 260).
electro-optical satellite industry;
(2) engaging commercial technology pro- 5305, supra; which was ordered to lie on the (4) The Energy and Water Development and
viders, including small satellite companies table. Related Agencies Appropriations Act, 2021
and geospatial data analytics companies, SA 3832. Mr. BRAUN submitted an amend- (division D of Public Law 116–260), except the
that hold the promise of rapid technological ment intended to be proposed by him to the last proviso under the heading ‘‘Department
innovation and potential significant future bill H.R. 5305, supra; which was ordered to lie of Energy—Energy Programs—Science’’, the
cost savings to the taxpayers of the United on the table. last two provisos under the heading ‘‘Depart-
States; SA 3833. Mr. COTTON (for himself, Mr. ment of Energy—Energy Programs—Title 17
(3) leveraging emerging technologies, such PORTMAN, Mr. GRASSLEY, and Mr. SCOTT of Innovative Technology Loan Guarantee Pro-
as artificial intelligence, automation, and Florida) submitted an amendment intended gram’’, and the two provisos under the head-
augmentation to enable advanced computa- to be proposed by him to the bill H.R. 5305, ing ‘‘Department of Energy—Energy Pro-
tional and intelligence capabilities; supra; which was ordered to lie on the table. grams—Advanced Technology Vehicles Man-
(4) discovering, assessing, and integrating ufacturing Loan Program’’.
new commercial geospatial data types and f (5) The Financial Services and General
services that bring value to solving the com- Government Appropriations Act, 2021 (divi-
plex intelligence problems of the United TEXT OF AMENDMENTS sion E of Public Law 116–260), except the
States and supporting disadvantaged and un- SA 3830. Mr. LEAHY submitted an matter under the heading ‘‘Presidential
derserved users operating in austere environ- amendment intended to be proposed by Transition Administrative Support’’ in title
ments; and II, the matter under the heading ‘‘General
(5) investing in breakthrough technologies him to the bill H.R. 5305, making con-
tinuing appropriations for the fiscal Services Administration—Expenses, Presi-
and capabilities that will strengthen stra- dential Transition’’ in title V, the proviso
tegic warning, mission forecasting, and mili- year ending September 30, 2022, and for and the amount specified in such proviso
tary intelligence and improve the means of providing emergency assistance, and under the heading ‘‘District of Columbia—
navigation for NGA customers; for other purposes; which was ordered Federal Funds—Federal Payment for Emer-
Whereas the NGA maintains United States to lie on the table; as follows: gency Planning and Security Costs in the
GEOINT supremacy and hold the adversaries District of Columbia’’ in title IV, and title
of the United States at bay by giving pri- Strike all after the enacting clause and in-
sert the following: IX.
macy to the core missions of the United (6) The Department of Homeland Security
States, serves as the world’s premier SECTION 1. SHORT TITLE.
Appropriations Act, 2021 (division F of Public
GEOINT force, and pursues a whole-of-enter- This Act may be cited as the ‘‘Extending
Law 116–260), except section 538, and includ-
prise approach focused on— Government Funding and Delivering Emer-
ing sections 101 through 103 and section 105
(1) recruiting and training the world-class gency Assistance Act’’.
of title I of division O of Public Law 116–260.
workforce of the NGA to lead the GEOINT SEC. 2. TABLE OF CONTENTS.
(7) The Department of the Interior, Envi-
community; Sec. 1. Short Title
(2) collaborating with both foreign and do- ronment, and Related Agencies Appropria-
Sec. 2. Table of Contents. tions Act, 2021 (division G of Public Law 116–
mestic partners on co-production of Sec. 3. References.
GEOINT; 260).
(3) leading the GEOINT community DIVISION A—CONTINUING (8) The Departments of Labor, Health and
through the implementation of governance, APPROPRIATIONS ACT, 2022 Human Services, and Education, and Related
standards, and enterprise services; and DIVISION B—DISASTER RELIEF SUPPLE- Agencies Appropriations Act, 2021 (division H
(4) supporting the national security inter- MENTAL APPROPRIATIONS ACT, 2022 of Public Law 116–260), except sections 118
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ests of the United States by delivering to and 533.
DIVISION C—AFGHANISTAN SUPPLE-
NGA customers persistent, accurate, secure, (9) The Legislative Branch Appropriations
MENTAL APPROPRIATIONS ACT, 2022
and timely GEOINT data, products, and serv- Act, 2021 (division I of Public Law 116–260),
ices; and DIVISION D—OTHER MATTERS except sections 211 and 213, and including
Whereas, throughout the years, the mis- Title I—Extensions, Technical Corrections, section 7 of Public Law 116–260.
sion and commitment of the NGA has re- and Other Matters (10) The Military Construction, Veterans
mained the same: to show the way by— Title II—Budgetary Effects Affairs, and Related Agencies Appropriations
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September 29, 2021 CONGRESSIONAL RECORD — SENATE S6789
Act, 2021 (division J of Public Law 116–260), waive any other provision of law governing and in the House of Representatives as ref-
except sections 514, 515, and 517. apportionment of funds. erences to sections 4005(a), 4005(a)(2)(A),
(11) The Department of State, Foreign Op- SEC. 109. Notwithstanding any other provi- 4005(c), 4005(c)(2), 4005(d), 4005(d)(2), 4005(e),
erations, and Related Programs Appropria- sion of this Act, except section 106, for those 4005(e)(2)(A), respectively, of such concurrent
tions Act, 2021 (division K of Public Law 116– programs that would otherwise have high resolution.
260), except title IX other than sections 9001 initial rates of operation or complete dis- (c) This section shall become effective im-
and 9002 and the matter preceding the first tribution of appropriations at the beginning mediately upon enactment of this Act, and
proviso and the first proviso under the head- of fiscal year 2022 because of distributions of shall remain in effect through the date in
ing ‘‘Consular and Border Security Pro- funding to States, foreign countries, grant- section 106(3).
grams’’. ees, or others, such high initial rates of oper- SEC. 115. (a) Rescissions or cancellations of
(12) The Transportation, Housing and ation or complete distribution shall not be discretionary budget authority that con-
Urban Development, and Related Agencies made, and no grants shall be awarded for tinue pursuant to section 101 in Treasury Ap-
Appropriations Act, 2021 (division L of Public such programs funded by this Act that would propriations Fund Symbols (TAFS)—
(1) to which other appropriations are not
Law 116–260), except sections 420 and 421. impinge on final funding prerogatives.
SEC. 102. (a) No appropriation or funds SEC. 110. This Act shall be implemented so provided by this Act, but for which there is
that only the most limited funding action of a current applicable TAFS that does receive
made available or authority granted pursu-
that permitted in the Act shall be taken in an appropriation in this Act; or
ant to section 101 for the Department of De- (2) which are no-year TAFS and receive
fense shall be used for: order to provide for continuation of projects
other appropriations in this Act,
(1) the new production of items not funded and activities. may be continued instead by reducing the
for production in fiscal year 2021 or prior SEC. 111. (a) For entitlements and other rate for operations otherwise provided by
years; mandatory payments whose budget author- section 101 for such current applicable TAFS,
(2) the increase in production rates above ity was provided in appropriations Acts for as long as doing so does not impinge on the
those sustained with fiscal year 2021 funds; fiscal year 2021, and for activities under the final funding prerogatives of the Congress.
or Food and Nutrition Act of 2008, activities (b) Rescissions or cancellations described
(3) The initiation, resumption, or continu- shall be continued at the rate to maintain in subsection (a) shall continue in an amount
ation of any project, activity, operation, or program levels under current law, under the equal to the lesser of—
organization (defined as any project, sub- authority and conditions provided in the ap- (1) the amount specified for rescission or
project, activity, budget activity, program plicable appropriations Act for fiscal year cancellation in the applicable appropriations
element, and subprogram within a program 2021, to be continued through the date speci- Act referenced in section 101 of this Act; or
element, and for any investment items de- fied in section 106(3). (2) the amount of balances available, as of
fined as a P–1 line item in a budget activity (b)Notwithstanding section 106, obligations October 1, 2021, from the funds specified for
within an appropriation account and an R–1 for mandatory payments due on or about the rescission or cancellation in the applicable
line item that includes a program element first day of any month that begins after Oc- appropriations Act referenced in section 101
and subprogram element within an appro- tober 2021 but not later than 30 days after of this Act.
priation account) for which appropriations, the date specified in section 106(3) may con- (c) No later than November 22, 2021, the Di-
funds, or other authority were not available tinue to be made, and funds shall be avail- rector of the Office of Management and
during fiscal year 2021. able for such payments. Budget shall provide to the Committees on
(b) No appropriation or funds made avail- SEC. 112. Amounts made available under Appropriations of the House of Representa-
able or authority granted pursuant to sec- section 101 for civilian personnel compensa- tives and the Senate a comprehensive list of
tion 101 for the Department of Defense shall tion and benefits in each department and the rescissions or cancellations that will
be used to initiate multi-year procurements agency may be apportioned up to the rate for continue pursuant to section 101: Provided,
utilizing advance procurement funding for operations necessary to avoid furloughs That the information in such comprehensive
economic order quantity procurement unless within such department or agency, con- list shall be periodically updated to reflect
specifically appropriated later. sistent with the applicable appropriations any subsequent changes in the amount of
SEC. 103. Appropriations made by section Act for fiscal year 2021, except that such au- balances available, as of October 1, 2021, from
101 shall be available to the extent and in the thority provided under this section shall not the funds specified for rescission or cancella-
manner that would be provided by the perti- be used until after the department or agency tion in the applicable appropriations Act ref-
nent appropriations Act. has taken all necessary actions to reduce or erenced in section 101, and such updates shall
SEC. 104. Except as otherwise provided in defer non-personnel-related administrative be transmitted to the Committees on Appro-
section 102, no appropriation or funds made expenses. priations of the House of Representatives
available or authority granted pursuant to SEC. 113. Funds appropriated by this Act and the Senate upon request.
may be obligated and expended notwith- SEC. 116. Amounts made available by sec-
section 101 shall be used to initiate or re-
standing section 10 of Public Law 91–672 (22 tion 101 for ‘‘Farm Service Agency—Agricul-
sume any project or activity for which ap-
U.S.C. 2412), section 15 of the State Depart- tural Credit Insurance Fund Program Ac-
propriations, funds, or other authority were
ment Basic Authorities Act of 1956 (22 U.S.C. count’’ may be apportioned up to the rate for
not available during fiscal year 2021.
2680), section 313 of the Foreign Relations operations necessary to accommodate ap-
SEC. 105. Appropriations made and author-
Authorization Act, Fiscal Years 1994 and 1995 proved applications for direct and guaran-
ity granted pursuant to this Act shall cover
teed farm ownership loans, as authorized by
all obligations or expenditures incurred for (22 U.S.C. 6212), and section 504(a)(1) of the
7 U.S.C. 1922 et seq.
any project or activity during the period for National Security Act of 1947 (50 U.S.C.
SEC. 117. Notwithstanding section 101,
which funds or authority for such project or 3094(a)(1)). amounts are available to the Department of
activity are available under this Act. SEC. 114. (a) Each amount incorporated by
Agriculture for ‘‘Rural Business—Coopera-
SEC. 106. Unless otherwise provided for in reference in this Act that was previously
tive Service—Rural Microentrepreneur As-
this Act or in the applicable appropriations designated by the Congress as an emergency
sistance Program’’ for gross obligations for
Act for fiscal year 2022, appropriations and requirement pursuant to section 251(b)(2)(A)
the principal amount of direct loans as au-
funds made available and authority granted of the Balanced Budget and Emergency Def-
thorized by section 379E of the Consolidated
pursuant to this Act shall be available until icit Control Act of 1985 or as being for dis-
Farm and Rural Development Act (7 U.S.C.
whichever of the following first occurs: aster relief pursuant to section 251(b)(2)(D) of
2008s) not to exceed $25,000,000.
(1) The enactment into law of an appro- such Act is designated by the Congress as an SEC. 118. (a) In carrying out the Special
priation for any project or activity provided emergency requirement pursuant to section Supplemental Nutrition Program for
for in this Act. 4001 of S. Con. Res. 14 (117th Congress), the Women, Infants, and Children for the first
(2) The enactment into law of the applica- concurrent resolution on the budget for fis- quarter of fiscal year 2022, the Secretary of
ble appropriations Act for fiscal year 2022 cal year 2022, or as being for disaster relief Agriculture shall increase the amount of a
without any provision for such project or ac- pursuant to sections 4004(b)(6) and 4005(f) of cash-value voucher to an amount rec-
tivity. such concurrent resolution, respectively. ommended by the National Academies of
(3) December 3, 2021. (b) All references to sections 251(b)(2)(B), Science, Engineering and Medicine and ad-
SEC. 107. Expenditures made pursuant to 251(b)(2)(B)(ii)(III), 251(b)(2)(C), justed for inflation for women and children
this Act shall be charged to the applicable 251(b)(2)(C)(ii), 251(b)(2)(E)(ii), participants.
appropriation, fund, or authorization when- 251(b)(2)(E)(i)(II), 251(b)(2)(F), and (b) Amounts made available by section 101
ever a bill in which such applicable appro- 251(b)(2)(F)(ii)(I) of the Balanced Budget and to the Department of Agriculture for ‘‘Do-
priation, fund, or authorization is contained Emergency Deficit Control Act of 1985 (2 mestic Food Programs—Food and Nutrition
is enacted into law. U.S.C. 901(b)) shall be treated for each Service—Special Supplemental Nutrition
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SEC. 108. Appropriations made and funds amount incorporated by reference in this Act Program for Women, Infants, and Children
made available by or authority granted pur- in the Senate as references to sections (WIC)’’ shall be apportioned at the rate for
suant to this Act may be used without re- 4004(b)(1), 4004(b)(1)(B)(i), 4004(b)(3), operations necessary to accommodate the in-
gard to the time limitations for submission 4004(b)(3)(B), 4004(b)(4), 4004(b)(4)(B), crease described in subsection (a).
and approval of apportionments set forth in 4004(b)(5), 4004(b)(5)(B), respectively, of S. SEC. 119. Notwithstanding sections 102 and
section 1513 of title 31, United States Code, Con. Res. 14 (117th Congress), the concurrent 104, in addition to amounts otherwise pro-
but nothing in this Act may be construed to resolution on the budget for fiscal year 2022, vided by section 101, amounts are provided to
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S6790 CONGRESSIONAL RECORD — SENATE September 29, 2021
the Department of Defense for ‘‘Procure- Stat. 1681), as amended by section 4007(k) of SEC. 132. In addition to amounts otherwise
ment—Other Procurement, Air Force’’ at a Public Law 114–322, shall be applied by sub- provided by section 101, an amount is pro-
rate for operations of $885,000,000, for the pro- stituting ‘‘2022’’ for ‘‘2021’’ each place it ap- vided to the Department of Homeland Secu-
curement of equipment for the Strategic pears. rity for ‘‘U.S. Citizenship and Immigration
Microelectronic Supply program, and such (b) During the period covered by this Act, Services—Operations and Support’’ for appli-
amounts may be apportioned up to the rate section 9106(g)(2) of Public Law 111–11 (Omni- cation processing, the reduction of backlogs
for operations necessary to carry out such bus Public Land Management Act of 2009) within asylum, field, and service center of-
procurements. shall be applied by substituting ‘‘2022’’ for fices, and support of the refugee program at
SEC. 120. Amounts made available by sec- ‘‘2021’’. a rate for operations of $250,000,000: Provided,
tion 101 to the Department of Defense for (c) During the period covered by this Act, That such amounts shall be in addition to
‘‘Procurement—Procurement, Defense-Wide’’ section 104(c) of the Reclamation States any other funds made available for such pur-
may be apportioned up to the rate for oper- Emergency Drought Relief Act of 1991 (43 poses, and shall not be construed to require
ations necessary for the procurement of U.S.C. 2214(c)) shall be applied by sub- any reduction of any fee described in section
Military Global Positioning System User stituting ‘‘2022’’ for ‘‘2021’’. 286(m) of the Immigration and Nationality
Equipment Increment 1 Application Specific (d) During the period covered by this Act, Act (8 U.S.C. 1356(m)): Provided further, That
Integrated Circuits. section 301 of the Reclamation States Emer- prior to the obligation of such resources,
SEC. 121. Notwithstanding sections 102 and gency Drought Relief Act of 1991 (43 U.S.C. U.S. Citizenship and Immigration Services
104, amounts made available by section 101 2241) shall be applied by substituting ‘‘2022’’ shall provide to the Committees on Appro-
to the Department of Defense for ‘‘Research, for ‘‘2021’’. priations of the Senate and the House of
Development, Test and Evaluation—Re- SEC. 125. (a) Notwithstanding section 101, Representatives an expenditure plan that
search, Development, Test and Evaluation, section 506 of division D of Public Law 116– identifies backlog reduction metrics and
Air Force’’ may be apportioned up to the 260 shall be applied by substituting quarterly reports on the execution of such
rate of operations necessary for the acquisi- ‘‘$841,000,000’’ for ‘‘$291,000,000’’. plan.
tion of real property by the United States (b) Amounts provided by this Act for ‘‘De- SEC. 133. Amounts made available by sec-
Government. partment of Energy—Energy Programs— tion 101 to the Department of Homeland Se-
SEC. 122. During the period covered by this Uranium Enrichment Decontamination and curity under the heading ‘‘Federal Emer-
Act, the limitation at section 2208(l)(3) of Decommissioning Fund’’ may be apportioned gency Management Agency—Disaster Relief
title 10, United States Code, shall not apply up to the rate for operations necessary to Fund’’ may be apportioned up to the rate for
with respect to advance billing for orders for avoid disruption of continuing projects or ac- operations necessary to carry out response
relief efforts related to the COVID–19 pan- tivities funded in this appropriation. and recovery activities under the Robert T.
demic. (c) The Secretary of Energy shall notify Stafford Disaster Relief and Emergency As-
SEC. 123. (a) Funding provided in prior Acts the Committees on Appropriations of the sistance Act (42 U.S.C. 5121 et seq.).
making appropriations for energy and water SEC. 134. (a) Sections 1309(a) and 1319 of the
House of Representatives and the Senate not
development and related agencies for fiscal National Flood Insurance Act of 1968 (42
later than 3 days after each use of the au-
years 2019, 2020, and 2021 under the heading U.S.C. 4016(a) 4026) shall be applied by sub-
thority provided in subsection (b).
‘‘Department of the Interior—Bureau of Rec- SEC. 126. Notwithstanding section 101, stituting the date specified in section 106(3)
lamation—Water and Related Resources’’ for amounts are provided for ‘‘Executive Office of this Act for ‘‘September 30, 2021’’.
(b) If this Act is enacted after September
carrying out section 4007 of Public Law 114– of the President and Funds Appropriated to
30, 2021, this section shall be applied as if it
322 shall be made available, in accordance the President—The White House—Salaries
were in effect on September 30 2021.
with that section and as recommended by and Expenses’’ at a rate for operations of SEC. 135. Amounts made available by sec-
the Secretary in a letter dated July 23, 2021, $60,000,000. tion 101 for ‘‘Department of the Interior—Na-
for the construction, pre-construction, or SEC. 127. Notwithstanding section 101, tional Park Service—National Recreation
study of the North-of-the-Delta Off Stream amounts are provided for ‘‘General Services and Preservation’’ for heritage partnership
Storage (Sites Reservoir Project), the Los Administration—Allowances and Office Staff programs may be used to provide financial
Vaqueros Reservoir Phase 2 Expansion for Former Presidents’’ at a rate for oper- assistance to any national heritage area, na-
Project, the B.F. Sisk Dam Raise and Res- ations of $5,000,000. tional heritage corridor, cultural heritage
ervoir Expansion Project, and the Del Puerto SEC. 128. Amounts made available by sec-
corridor, national heritage partnership, na-
Canyon Reservoir. tion 101 for ‘‘Small Business Administra-
tional heritage route, national heritage
(b) Funding provided in the Energy and tion—Business Loans Program Account’’
canalway, and battlefields national historic
Water Development and Related Agencies may be apportioned up to the rate for oper-
district established as of September 1, 2021,
Appropriations Act, 2021 under the heading ations necessary to accommodate increased
notwithstanding any statutory sunset provi-
‘‘Department of the Interior—Bureau of Rec- demand for commitments for general busi-
sion terminating the Secretary’s authority
lamation—Water and Related Resources’’ for ness loans authorized under paragraphs (1)
to provide assistance to any such area and
carrying out section 4009(a) of Public Law through (35) of section 7(a) of the Small Busi-
notwithstanding any limitation on amounts
114–322 shall be made available, in accord- ness Act (15 U.S.C. 636(a)), for guarantees of
authorized to be appropriated with respect to
ance with that section and as recommended trust certificates authorized by section 5(g)
any such area: Provided, That the Commis-
by the Secretary in a letter dated July 23, of the Small Business Act (15 U.S.C. 634(g)),
sion sunset provision in section 804(j) of divi-
2021, for the North Pleasant Valley Desalter for commitments to guarantee loans under
sion B of H.R. 5666 (Appendix D), as amended,
Facility, the Mission Basin Groundwater Pu- section 503 of the Small Business Investment
as enacted into law by 13 section 1(a)(4) of
rification Facility Well Expansion and Brine Act of 1958 (15 U.S.C. 697), and for commit-
Public Law 106–554, shall be applied by sub-
Minimization Project, the Los Robles ments to guarantee loans for debentures
stituting the date specified in section 106(3)
Desalter Project, and the Regional Brackish under section 303(b) of the Small Business In-
of this Act for ‘‘September 30, 2021’’: Provided
Water Reclamation Program, vestment Act of 1958 (15 U.S.C. 683(b)).
further, That the authority in section 295D of
(c) Funding provided in the Energy and SEC. 129. Notwithstanding section 101,
Public Law 109–338, as amended, shall con-
Water Development and Related Agencies amounts are provided for ‘‘District of Colum-
tinue in effect through the date specified in
Appropriations Act, 2021 under the heading bia—Federal Funds—Federal Payment to the
section 106(3) of this Act.
‘‘Department of the Interior—Bureau of Rec- Court Services and Offender Supervision SEC. 136. Notwithstanding subsection
lamation—Water and Related Resources’’ for Agency for the District of Columbia’’ at a (c)(2)(B) of section 200303 of title 54, United
carrying out section 4009(c) of Public Law rate for operations of $249,754,000: Provided, States Codes, during the period covered by
114–322 shall be made available, in accord- That the second proviso under such heading this Act amounts made available from the
ance with that section and as recommended in title IV of division E of Public Law 116–260 Land and Water Conservation Fund for fiscal
by the Secretary in a letter dated July 23, shall be applied by substituting ‘‘$70,574 000’’ year 2022 pursuant to subsection (a) of such
2021, for the El Paso Aquifer Storage and Re- for ‘‘$66,743,000’’. section of such title shall be allocated by the
covery Using Reclaimed Water Project, the SEC. 130. Notwithstanding any other provi- Secretary of the Interior or the Secretary of
Pure Water Soquel: Groundwater Replenish- sion of this Act, except section 106, the Dis- Agriculture, as appropriate, only for the fol-
ment and Seawater Intrusion Prevention trict of Columbia may expend local funds lowing agencies and accounts, for the pur-
Project, the North San Diego Water Reuse made available under the heading ‘‘District poses specified, and in the amounts specified
Coalition Project, the Pure Water Oceanside of Columbia—District of Columbia Funds’’ multiplied by the percentage of fiscal year
Project, the City of Santa Fe Reuse Pipeline for such programs and activities under the 2022 covered by this Act:
Project, the Replenish Big Bear Project, the District of Columbia Appropriations Act, (1) ‘‘Department of the Interior—Bureau of
Central Coast Blue: Recycled Water Project, 2021 (title IV of division E of Public Law 116– Land Management—Land Acquisition’’,
ctelli on DSK11ZRN23PROD with SENATE
the Harvest Water Program, the East County 260) at the rate set forth in the Fiscal Year $7,500,000, for Acquisition Management;
Advanced Water Purification Program: 2022 Local Budget Act of 2021 (D.C. Act 24– (2) ‘‘Department of the Interior—United
Phase Two, the Ventura Water Pure Pro- 173), as modified as of the date of enactment States Fish and Wildlife Service—Land Ac-
gram, and the San Juan Watershed Project. of this Act. quisition’’, $17,000,000, for Land Acquisition
SEC. 124. (a) During the period covered by SEC. 131. Section 330(e)(3) of title 11, United Management,
this Act, title I of Public Law 108–361 (the States Code, is amended by striking ‘‘in that (3) ‘‘Department of the Interior—National
Calfed Bay-Delta Authorization Act) (118 fiscal year’’ at the end of the paragraph. Park Service—Land Acquisition and State
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September 29, 2021 CONGRESSIONAL RECORD — SENATE S6791
Assistance’’, $14,500,000, for Acquisition Man- ing steps taken and planned to be taken by SEC. 146. For purposes of annual leave ac-
agement; the Department to phase out the use of cumulated in fiscal year 2021, the authority
(4) ‘‘Department of the Interior—Office of emergency intake sites and a detailed plan provided in section 2106 of division C of Pub-
the Secretary—Departmental Operations’’, for ending the use of emergency intake sites, lic Law 116–159 shall apply to such leave by
$19,000,000, for Management Services, Ap- including a timeline of major milestones and substituting ‘‘2021’’ for ‘‘2020’’ in subsections
praisal and Valuation Service Offices—Fed- projections for delivered online bed capacity (a) and (d).
eral Lands; by facility type: Provided further, That such SEC. 147. Activities authorized by part A of
(5) ‘‘Department of Agriculture—Forest report shall include an aligned spend plan for title IV (other than under section 403(c) or
Service—State and Private Forestry’’, estimated fiscal year 2022 obligations by 418) and section 1108(b) of the Social Security
$6,400,000, for Administrative Funds; and major category: Provided further, That the Act shall continue through the date specified
(6) ‘‘Department of Agriculture—Forest Secretary shall submit monthly reports dur- in section 106(3), in the manner authorized
Service—Land Acquisition’’, $12,000,000, for ing fiscal year 2022 to the Committees on Ap- for fiscal year 2021, and out of any money in
Acquisition Management. propriations on all obligations and expendi- the Treasury of the United States not other-
SEC. 137. (a) In addition to amounts pro- tures incurred by the Department for car- wise appropriated, there are hereby appro-
vided by section 101, amounts are provided rying out such sections 462 and 235: Provided priated such sums as may be necessary for
for ‘‘Department of Health and Human Serv- further, That such amount is designated by such purpose.
ices—Indian Health Service—Indian Health the Congress as being for an emergency re- SEC. 148. Section 114(f) of the Higher Edu-
Services’’ at a rate for operations of quirement pursuant to section 4001(a)(1) and cation Act of 1965 (20 U.S.C. 1011c(f)) shall be
$22,080,000, for an additional amount for costs section 4001(b) of S. Con. Res. 14 (117th Con- applied by substituting the date specified in
of staffing and operating facilities that were gress), the concurrent resolution on the section 106(3) of this Act for ‘‘September 30,
opened, renovated, or expanded in fiscal budget for fiscal year 2022. 2021’’.
years 2021 and 2022, and such amounts may SEC. 142. Amounts made available by sec- SEC. 149. Section 458(a)(4) of the Higher
be apportioned up to the rate for operations tion 101 for ‘‘Department of Health and Education Act of 1965 (20 U.S.C. 1087h(a)(4))
necessary to staff and operate such facilities. Human Services—Administration for Chil- shall be applied through the date specified in
(b) In addition to amounts provided by sec- dren and Families—Refugee and Entrant As- section 106(3) of this Act by substituting
tion 101, amounts are provided for ‘‘Depart- sistance’’ may be apportioned up to the rate ‘‘2022’’ for ‘‘2021’’.
ment of Health and Human Services—Indian SEC. 150. Notwithstanding section 101, sec-
for operations necessary to carry out section
Health Service—Indian Health Facilities’’ at tion 116 of division J of Public Law 116–260
462 of the Homeland Security Act of 2002 and
a rate for operations of $2,261,000, for an addi- shall be applied during the period covered by
section 235 of the William Wilberforce Traf-
tional amount for costs of staffing and oper- this Act by substituting ‘‘fifth fiscal year’’
ficking Victims Protection Reauthorization
ating facilities that were opened, renovated, for ’’fourth fiscal year’’.
Act of 2008, and up to the rate for operations SEC. 151. During the period covered by this
or expanded in fiscal years 2021 and 2022, and necessary for activities authorized by sec- Act, the Secretary of Veterans Affairs may
such amounts may be apportioned up to the tion 414 of the Immigration and Nationality transfer up to $193,500,000 of the unobligated
rate for operations necessary to staff and op- Act and section 501 of the Refugee Education balances from amounts made available for
erate such facilities. Assistance Act of 1980.
SEC. 138. In addition to amounts otherwise fiscal year 2021 under the heading ‘‘Veterans
SEC. 143. Not later than 90 days after the
provided by section 101, for ‘‘Department of Health Administration—Medical Services’’
date of enactment of this Act, and every 90
Health and Human Services—Centers for Dis- in title II of division F of the Further Con-
days thereafter through fiscal year 2022, the
solidated Appropriations Act, 2020 (Public
ease Control and Prevention—Environmental Secretary of Health and Human Services
Law 116–94), or in section 8002 of title VIII of
Health’’, there is appropriated $1,500,000, for shall provide a report to the Committees on
the American Rescue Plan Act of 2021 (Pub-
an additional amount for fiscal year 2022, to Appropriations of the House of Representa-
lic Law 117–2) to the following accounts of
remain available until September 30, 2022, for tives and the Senate on (1) the total number
the Department in the amounts specified:
the Vessel Sanitation Program. of children that the Office of Refugee Reset- (1) ‘‘Veterans Benefits Administration—
SEC. 139. (a) Funds made available in Pub- tlement has released to sponsors living in General Operating Expenses, Veterans Bene-
lic Law 114–113 to the accounts of the Na- the United States, disaggregated by State, fits Administration’’, up to $178,000,000;
tional Institutes of Health that were avail- and (2) the number of children that the Of- (2) ‘‘Departmental Adininistration—Board
able for obligation through fiscal year 2016 fice of Refugee Resettlement has released to of Veterans Appeals’’, up to $5,800,000; and
and were obligated for multi-year research sponsors living in the United States for (3) ‘‘Departmental Administration—Infor-
grants shall be available through fiscal year whom the Office of Refugee Resettlement mation Technology Systems’’, up to
2022 for the liquidation of valid obligations has successfully conducted safety and wel- $9,700,000: Provided, That the transferred
incurred in fiscal year 2016 if the Director of fare checks, and provided post-release serv- amounts shall be used, in addition to any
the National Institutes of Health determines ices as appropriate, for the most recent quar- other amounts available for such purposes,
the project suffered an interruption of ac- ter such data are available. for personnel costs and other expenses to im-
tivities attributable to COVID–19. SEC. 144. Not later than 10 days after the plement the interim final rule entitled ‘‘Pre-
(b)(1) Subject to paragraph (2), this section date of enactment of this Act, the Secretary sumptive Service Connection for Respiratory
shall become effective immediately upon en- of Health and Human Services shall provide Conditions Due to Exposure to Particulate
actment of this Act. a report to the Committees on Appropria- Matter’’, published on August 5, 2021 (86 FR
(2) If this Act is enacted after September tions of the House of Representatives and 42724), and any revisions to such rule.
30, 2021, this section shall be applied as if it the Senate, and disclose on a publicly avail- SEC. 152. Amounts made available by sec-
were in effect on September 30, 2021. able website, on all transfers made for car- tion 101 to United States Government-funded
SEC. 140. In addition to amounts provided rying out section 462 of the Homeland Secu- entities for ‘‘Related Agency—United States
by section 101, amounts are provided for ‘‘De- rity Act of 2002 or section 235 of the William Agency for Global Media—International
partment of Health and Human Services— Wilberforce Trafficking Victims Protection Broadcasting Operations’’, ’’Related Pro-
Substance Abuse and Mental Health Services Reauthorization Act of 2008 during fiscal grams—The Asia Foundation’’, ‘‘Related
Administration—Mental Health’’ at a rate year 2021. This report shall include: (1) a list Programs—United States Institute of
for operations of $77,621,000 for an additional of the source of funds transferred by public Peace’’, and ‘‘Related Programs—National
amount for carrying out section 520E–3 of law; (2) the program, project, or activity Endowment for Democracy’’ may be appor-
the Public Health Service Act (42 U.S.C. funds were transferred from and the cor- tioned up to the rate for operations nec-
290bb–36c), and such amounts may be appor- responding amount that was transferred; (3) essary to support the evacuation of Afghan
tioned up to the rate for operations nec- date of transfer; (4) the number of children journalists and other Afghan employees of
essary to operate and maintain the National referred to the Office of Refugee Resettle- such entities, following consultation with
Suicide Prevention Lifeline program. ment (ORR) by month for fiscal year 2021; the Committees on Appropriations.
SEC. 141. In addition to amounts otherwise and (5) the age distribution of the children SEC. 153. Section 21009 of the Coronavirus
provided by this Act, for ‘‘Department of referred to ORR by month for fiscal year Aid, Relief, and Economic Security Act
Health and Human Services—Administration 2021; Provided, That the report shall be up- (Public Law 116–136) shall continue in effect
for Children and Families—Refugee and En- dated every 30 days throughout fiscal year through the date specified in section 106(3) of
trant Assistance’’, there is appropriated 2022. this Act.
$2,500,000,000, for an additional amount for SEC. 145. During the period covered by this SEC. 154. Amounts made available by sec-
fiscal year 2022, to remain available until Act, for services furnished under the Com- tion 101 to the United States International
September 30, 2024, to carry out section 462 of munity Services Block Grant Act (‘‘CSBG Development Finance Corporation for ‘‘Cor-
the Homeland Security Act of 2002 and sec- Act’’) with funds made available by this Act, porate Capital Account’’ and paid to the
ctelli on DSK11ZRN23PROD with SENATE
tion 235 of the William Wilberforce Traf- by the Consolidated Appropriations Act, 2021 ‘‘Program Account’’ shall be available for
ficking Victims Protection Reauthorization (Public Law 116–260), or by the Coronavirus the costs of modifying loans and loan guar-
Act of 2008: Provided, That not later than No- Aid, Relief, and Economic Security Act antees transferred to the Corporation pursu-
vember 1, 2021, the Secretary of Health and (Public Law 116–136), States may apply the ant to section 1463 of the BUILD Act of 2018
Human Services shall submit to the Commit- last sentence of section 673(2) of the CSBG (division F of Public Law 115–254): Provided,
tees on Appropriations of the House of Rep- Act by substituting ‘‘200 percent’’ for ‘‘125 That such costs shall be as defined in section
resentatives and the Senate a report detail- percent’’. 502 of the Congressional Budget Act of 1974.
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S6792 CONGRESSIONAL RECORD — SENATE September 29, 2021
SEC. 155. Section 1334 of the Foreign Affairs partment of Agriculture—Agricultural Pro- be in addition to amounts otherwise avail-
Reform and Restructuring Act of 1998 (22 grams—Processing, Research and Mar- able for such purposes.
U.S.C. 6553) shall be applied by substituting keting—Office of the Secretary’’, as last TITLE II
the date specified in section 106(3) of this Act amended by section 791(c) of title VII of divi-
DEPARTMENT OF COMMERCE
for ‘‘October 1, 2021’’. sion B of the Further Consolidated Appro-
SEC. 156. Notwithstanding section 101, priations Act, 2020 (Public Law 116–94: Pro- NATIONAL INSTITUTE OF STANDARDS AND
amounts are provided for ‘‘Department of vided further, That notwithstanding section TECHNOLOGY
Transportation—Office of the Secretary— 760.1503(j) of title 7 of the Code of Federal SCIENTIFIC AND TECHNICAL RESEARCH AND
Payments to Air Carriers’’ at a rate for oper- Regulations, in the event that a processor SERVICES
ations of $247,700,000, and such amounts may described in the preceding proviso does not For an additional amount for ‘‘Scientific
be apportioned up to the rate for operations elect to receive payments under such clause, and Technical Research and Services’’ for
necessary to maintain Essential Air Service the Secretary shall make direct payments to necessary expenses to carry out investiga-
program operations. producers under this heading in this Act: tions of building failures pursuant to the Na-
SEC. 157. Amounts made available by sec- Provided further, That of the amounts pro- tional Construction Safety Team Act of 2002
tion 101 to the Department of Housing and vided under this heading in this Act, not (15 U.S.C. 7301), $22,000,000, to remain avail-
Urban Development in the third paragraph more than one percent of the funds provided able until September 30, 2023.
under the heading ‘‘Public and Indian Hous- herein may be used for administrative costs,
NATIONAL OCEANIC AND ATMOSPHERIC
ing—Native American Programs’’ may be ap- including for streamlining the application
ADMINISTRATION
portioned up to the rate for operations nec- process and easing the burden on county of-
fice employees, to carry out the matter OPERATIONS, RESEARCH, AND FACILITIES
essary to accommodate demand for guaran-
teed notes and other obligations as author- under this heading in this Act: Provided fur- For an additional amount for ‘‘Operations,
ized by title VI of the Native American ther That, except as otherwise provided Research, and Facilities’’ for necessary ex-
Housing Assistance and Self-Determination under this heading in this Act, the Secretary penses related to the consequences of hurri-
Act of 1996. shall impose payment limitations consistent canes and of wildfires in calendar years 2020
This division may be cited as the ‘‘Con- with section 760.1507 of title 7, Code of Fed- and 2021, $92,834,000, to remain available
tinuing Appropriations Act, 2022’’. eral Regulations (as in effect on the date of until September 30, 2023, as follows:
DIVISION B—DISASTER RELIEF SUPPLE- enactment of this Act: Provided further, (1) $4,709,000 for repair and replacement of
MENTAL APPROPRIATIONS ACT, 2022 That, in the case of specialty crops or high observing assets, real property, and equip-
value crops, as determined by the Secretary, ment;
The following sums are appropriated, out
the Secretary shall impose payment limita- (2) $3,425,000 for marine debris assessment
of any money in the Treasury not otherwise
tions consistent with section 760.1507(a)(2) of and removal;
appropriated, for the fiscal year ending Sep-
title 7, Code of Federal Regulations (as in ef- (3) $4,700,000 for mapping, charting, and ge-
tember 30, 2022, and for other purposes,
fect on January 1, 2019) Provided further, odesy services;
namely: (4) $35,000,000 to improve: (A) hurricane in-
That, with respect to the payment limita-
TITLE I tions described under this heading in this tensity and track forecasting, including
DEPARTMENT OF AGRICULTURE Act, the Secretary shall apply separate pay- through deployment of unmanned ocean ob-
AGRICULTURAL PROGRAMS ment limits for each of 2020 and 2021: Pro- serving platforms and enhanced data assimi-
PROCESSING, RESEARCH AND MARKETING vided further, That the total amount of pay- lation; and (B) precipitation and flood pre-
ments received under this heading in this diction, forecasting, and mitigation capabili-
OFFICE OF THE SECRETARY
Act and applicable policies of crop insurance ties;
For an additional amount for the ‘‘Office of under the Federal Crop Insurance Act (7 (5) $20,000,000 to improve wildfire research,
the Secretary’’, $10,000,000,000, which shall U.S.C. 1501 et seq.) or the Non-insured Crop prediction, detection, forecasting, moni-
remain available until December 31, 2023, for Disaster Assistance Program (NAP) under toring, data management, and communica-
necessary expenses related to losses of crops section 196 of the Federal Agriculture Im- tion and engagement; and
(including milk, on-farm stored commod- provement and Reform Act of 1996 (7 U.S.C. (6) $25,000,000 for Title IX Fund grants as
ities, crops prevented from planting in 2020 7333) (minus any premiums or fees paid for authorized under section 906(c) of division O
and 2021, and harvested adulterated wine such coverages) shall not exceed 90 percent of Public Law 114–113:
grapes), trees, bushes, and vines, as a con- of the loss as determined by the Secretary: Provided, That the National Oceanic and
sequence of droughts, wildfires, hurricanes, Provided further, That the total amount of Atmospheric Administration shall submit a
floods, derechos, excessive heat, winter payments received under this heading in this spending plan to the Committees on Appro-
storms, freeze, including a polar vortex, Act for producers who did not obtain a policy priations of the House of Representatives
smoke exposure, quality losses of crops, and or plan of insurance for an insurable com- and the Senate within 45 days after the date
excessive moisture occurring in calendar modity for the applicable crop year under of enactment of this Act.
years 2020 and 2021 under such terms and con- the Federal Crop Insurance Act (7 U.S.C. 1501 PROCUREMENT, ACQUISITION AND CONSTRUCTION
ditions as determined by the Secretary: Pro- et seq.) for the crop incurring the losses or
vided, That, with respect to smoke tainted For an additional amount for ‘‘Procure-
did not file the required paperwork and pay ment, Acquisition and Construction’’ for
wine grapes, the loss (including a quality the service fee by the applicable State filing
loss) of such crop during the coverage period necessary expenses related to the con-
deadline for a noninsurable commodity for sequences of hurricanes and of wildfires in
due to wildfire, as determined by the Sec- the applicable crop year under NAP for the
retary, is considered a qualified loss: Pro- calendar years 2020 and 2021, $52,205,000, to re-
crop incurring the losses shall not exceed 70 main available until September 30, 2024, as
vided further, That losses due to drought percent of the loss as determined by the Sec-
shall only be eligible under this heading in follows:
retary: Provided further, That producers re- (1) $2,205,000 for repair and replacement of
this Act if any area within the county in ceiving payments under this heading in this
which the loss occurs was rated by the U.S. observing assets, real property, and equip-
Act, as determined by the Secretary, shall be ment; and
Drought Monitor as having a D2 (Severe required to purchase crop insurance where
Drought) for eight consecutive weeks or a D3 (2) $50,000,000 for improvements to oper-
crop insurance is available for the next two ational and research weather and climate
(Extreme Drought) or higher level of drought available crop years and producers receiving
intensity during the applicable calendar supercomputing and dissemination infra-
payments under this heading in this Act structure, observing assets, and satellites,
years: Provided further, That of the amounts shall be required to purchase coverage under
provided under this heading in this Act, the along with associated ground systems, used
NAP where crop insurance is not available in for hurricane intensity and track prediction;
Secretary shall use $750,000,000 to provide as- the next available crop years, as determined
sistance to producers of livestock, as deter- precipitation and flood prediction, fore-
by the Secretary: Provided further, That not casting, and mitigation; and wildfire re-
mined by the Secretary of Agriculture, for later than 120 days after the end of fiscal
losses incurred during calendar year 2021 due search, prediction, detection, forecasting,
year 2021, the Secretary shall submit a re- and monitoring:
to drought or wildfires: Provided further, port to the Congress specifying the type, Provided, That the National Oceanic and
That at the election of a processor eligible amount, and method of such assistance by Atmospheric Administration shall submit a
for a loan under section 156 of the Federal state and territory. spending plan to the Committees on Appro-
Agriculture Improvement and Reform Act of
FARM PRODUCTION AND CONSERVATION priations of the House of Representatives
1996 (7 U.S.C. 7272) or a cooperative processor
PROGRAMS and the Senate within 45 days after the date
of dairy, the Secretary shall make payments
NATURAL RESOURCES CONSERVATION SERVICE of enactment of this Act.
for losses in 2021 to such processors (to be
ctelli on DSK11ZRN23PROD with SENATE
paid to producer members, as determined by WATERSHED AND FLOOD PREVENTION FISHERIES DISASTER ASSISTANCE
such processors) in lieu of payments to pro- OPERATIONS For an additional amount for ‘‘Fisheries
ducers and under the same terms and condi- For an additional amount for ‘‘Watershed Disaster Assistance’’ for necessary expenses
tions as payments made to processors pursu- and Flood Prevention Operations’’ for nec- associated with the mitigation of fishery dis-
ant to title I of the Additional Supplemental essary expenses for the Emergency Water- asters, $200,000,000, to remain available until
Appropriations for Disaster Relief Act, 2019 shed Protection Program, $275,000,000, to re- expended: Provided, That such funds shall be
(Public Law 116–20) under the heading ‘‘De- main available until expended, which shall used for mitigating the effects of commercial
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September 29, 2021 CONGRESSIONAL RECORD — SENATE S6793
fishery failures and fishery resource disas- OPERATION AND MAINTENANCE, AIR FORCE ther, That up to $65,000,000 of the amounts
ters declared by the Secretary of Commerce, For an additional amount for ‘‘Operation made available under this heading in this
including those declared by the Secretary to and Maintenance, Air Force’’, $330,000,000, to Act shall be used for continuing authorities
be a direct result of hurricanes in calendar remain available until September 30, 2022, for projects to reduce the risk of flooding and
years 2020 and 2021. necessary expenses related to the con- storm damage: Provided further, That any
SCIENCE sequences of Winter Storm Uri occurring in projects using funding appropriated under
NATIONAL AERONAUTICS AND SPACE calendar year 2021. this heading in this Act shall be initiated
ADMINISTRATION only after non-Federal interests have en-
GENERAL PROVISION—THIS TITLE
tered into binding agreements with the Sec-
CONSTRUCTION AND ENVIRONMENTAL SEC. 1301. Notwithstanding any other pro- retary requiring, where applicable, the non-
COMPLIANCE AND RESTORATION vision of law, funds provided by this title Federal interests to pay 100 percent of the
(INCLUDING TRANSFER OF FUNDS) shall only be for the purposes specified, and operation, maintenance, repair, replacement,
For an additional amount for ‘‘Construc- shall not be subject to any transfer author- and rehabilitation costs of the project and to
tion and Environmental Compliance and ity provided by law. hold and save the United States free from
Restoration’’ for repair at National Aero- TITLE IV damages due to the construction or oper-
nautics and Space Administration facilities CORPS OF ENGINEERS—CIVIL ation and maintenance of the project, except
damaged by Hurricanes Zeta and Ida, for damages due to the fault or negligence of
DEPARTMENT OF THE ARMY
$321,400,000, to remain available until ex- the United States or its contractors: Pro-
pended: Provided, That up to 15 percent of INVESTIGATIONS
vided further, That of the amounts made
such amount may be transferred to ‘‘Explo- For an additional amount for ‘‘Investiga- available under this heading in this Act,
ration’’ for necessary expenses related to tions’’ for necessary expenses related to the such sums as are necessary to cover the Fed-
flight hardware, tooling, production and completion, or initiation and completion, of eral share of construction costs for facilities
schedule delays caused by Hurricane Ida: flood and storm damage reduction, including under the Dredged Material Disposal Facili-
Provided further, That except as provided in shore protection, studies that are currently ties Program shall be derived from the gen-
the preceding proviso, the amounts appro- authorized or that are authorized after the eral fund of the Treasury: Provided further,
priated under this heading in this Act shall date of enactment of this Act, to reduce risk That the Assistant Secretary of the Army
not be available for transfer under any trans- from future floods and hurricanes, at full for Civil Works shall provide a monthly re-
fer authority provided for the National Aero- Federal expense, $100,000,000, to remain avail- port directly to the Committees on Appro-
nautics and Space Administration in an ap- able until expended: Provided, That funds priations of the House of Representatives
propriation Act for fiscal year 2022. made available under this heading in this and the Senate detailing the allocation and
NATIONAL SCIENCE FOUNDATION Act shall be for high-priority studies of obligation of these funds, beginning not later
MAJOR RESEARCH EQUIPMENT AND FACILITIES
projects in States with a major disaster de- than 60 days after the date of enactment of
CONSTRUCTION
clared due to Hurricane Ida pursuant to the this Act.
Robert T. Stafford Disaster Relief and Emer- MISSISSIPPI RIVER AND TRIBUTARIES
For an additional amount for ‘‘Major Re- gency Assistance Act (42 U.S.C. 5121 et seq.)
search Equipment and Facilities Construc- For an additional amount for ‘‘Mississippi
in fiscal year 2021: Provided further, That the
tion’’ for necessary expenses related to the River and Tributaries’’ for necessary ex-
Assistant Secretary of the Army for Civil
National Science Foundation Regional Class penses to address emergency situations at
Works shall provide a monthly report di-
Research Vessel construction impacted by Corps of Engineers projects, and to con-
rectly to the Committees on Appropriations
Hurricane Ida, $25,000,000, to remain avail- struct, and rehabilitate and repair damages
of the House of Representatives and the Sen-
able until expended. to Corps of Engineers projects, caused by
ate detailing the allocation and obligation of
RELATED AGENCIES natural disasters, $868,000,000, to remain
these funds, including new studies selected
available until expended: Provided, That of
LEGAL SERVICES CORPORATION to be initiated using funds provided under
the amounts made available under this head-
PAYMENT TO THE LEGAL SERVICES this heading in this Act, beginning not later
ing in this Act, such sums as are necessary
CORPORATION than 60 days after the date of enactment of
to cover the Federal share of eligible oper-
For an additional amount for ‘‘Payment to this Act.
ation and maintenance costs for coastal har-
the Legal Services Corporation’’ to carry out CONSTRUCTION bors and channels, and for inland harbors
the purposes of the Legal Services Corpora- For an additional amount for ‘‘Construc- shall be derived from the general fund of the
tion Act by providing for necessary expenses tion’’ for necessary expenses, $3,000,000,000, to Treasury: Provided further, That of the
related to the consequences of hurricanes, remain available until expended, to con- amounts made available under this heading
wildfires, other extreme weather, and earth- struct flood and storm damage reduction, in- in this Act, $500,000,000 shall be available to
quakes that occurred during calendar years cluding shore protection, projects that are construct flood and storm damage reduction
2020 and 2021, $40,000,000, to remain available currently authorized or that are authorized projects that are currently authorized or
until September 30, 2022: Provided, That none after the date of enactment of this Act, and that are authorized after the date of enact-
of the funds appropriated in this Act to the flood and storm damage reduction, including ment of this Act in States with a major dis-
Legal Services Corporation shall be expended shore protection, projects that have signed aster declared due to Hurricane Ida pursuant
for any purpose prohibited or limited by, or Chief’s Reports as of the date of enactment to the Robert T. Stafford Disaster Relief and
contrary to any of the provisions of, sections of this Act or that are studied using funds Emergency Assistance Act (42 U.S.C. 5121 et
501, 502, 503, 504, 505, and 506 of Public Law provided under the heading ‘‘Investigations’’ seq.) in fiscal year 2021: Provided further,
105–119, and all funds appropriated in this if the Secretary determines such projects to That the provisions of section 902 of the
Act to the Legal Services Corporation shall be technically feasible, economically justi- Water Resources Development Act of 1986
be subject to the same terms and conditions fied, and environmentally acceptable: Pro- shall not apply to the construction of
set forth in such sections, except that all ref- vided, That of such amount, $1,500,000,000 projects, including initial construction or
erences in sections 502 and 503 to 1997 and shall be available for such projects in States periodic nourishment, completed using fund-
1998 shall be deemed to refer instead to 2021 with a major disaster declared due to Hurri- ing under this heading in this Act: Provided
and 2022, respectively, and except that sec- cane Ida pursuant to the Robert T. Stafford further, That to the extent that ongoing con-
tions 501 and 503 of Public Law 104–134 (ref- Disaster Relief and Emergency Assistance struction projects are constructed using
erenced by Public Law 105–119) shall not Act (42 U.S.C. 5121 et seq.) in fiscal year 2021: funding provided under this heading in this
apply to the amount made available under Provided further, That the provisions of sec- Act, such construction shall be at full Fed-
this heading: Provided further, That, for the tion 902 of the Water Resources Development eral expense: Provided further, That for any
purposes of this Act, the Legal Services Cor- Act of 1986 shall not apply to the construc- projects using funding provided under this
poration shall be considered an agency of the tion of projects, including initial construc- heading in this Act, the non-Federal cash
United States. tion or periodic nourishment, completed contribution for projects other than ongoing
TITLE III using funding under this heading in this Act: construction projects shall be financed in ac-
DEPARTMENT OF DEFENSE Provided further, That the completion of on- cordance with the provisions of section
DEPARTMENT OF DEFENSE—MILITARY going construction projects receiving fund- 103(k) of Public Law 99–662 over a period of 30
ing provided under this heading in this Act years from the date of completion of the
OPERATION AND MAINTENANCE shall be at full Federal expense with respect project or separable element: Provided fur-
OPERATION AND MAINTENANCE, NAVY to such funds: Provided further, That for any ther, That any projects using funding appro-
For an additional amount for ‘‘Operation projects using funding provided under this priated under this heading in this Act shall
ctelli on DSK11ZRN23PROD with SENATE
and Maintenance, Navy’’, $565,000,000, to re- heading in this Act, the non-Federal cash be initiated only after non-Federal interests
main available until September 30, 2022, for contribution for projects other than ongoing have entered into binding agreements with
necessary expenses related to the con- construction projects shall be financed in ac- the Secretary requiring, where applicable,
sequences of severe storms, straight-line cordance with the provisions of section the non-Federal interests to pay 100 percent
winds, flooding, tornadoes, earthquakes, 103(k) of Public Law 99–662 over a period of 30 of the operation, maintenance, repair, re-
wildfires, and hurricanes occurring in cal- years from the date of completion of the placement, and rehabilitation costs of the
endar years 2020 and 2021. project or separable element: Provided fur- project and to hold and save the United
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S6794 CONGRESSIONAL RECORD — SENATE September 29, 2021
States free from damages due to the con- available until expended: Provided, That of TITLE VII
struction or operation and maintenance of such amount, $200,000,000 shall be available DEPARTMENT OF THE INTERIOR
the project, except for damages due to the for activities to address drought, as deter- BUREAU OF LAND MANAGEMENT
fault or negligence of the United States or mined by the Secretary of the Interior: Pro-
MANAGEMENT OF LANDS AND RESOURCES
its contractors: Provided further, That the vided further, That of the amount made avail-
Assistant Secretary of the Army for Civil able under this heading in this Act, For an additional amount for ‘‘Manage-
Works shall provide a monthly report di- $10,000,000 shall be for fire remediation and ment of Lands and Resources’’, $1,192,000, to
rectly to the Committees on Appropriations suppression emergency assistance related to remain available until expended, for nec-
essary expenses related to the consequences
of the House of Representatives and the Sen- wildfires: Provided further, That the Commis-
of calendar year 2019, 2020, and 2021 wildfires,
ate detailing the allocation and obligation of sioner shall provide a monthly report di-
hurricanes and other natural disasters.
these funds, beginning not later than 60 days rectly to the Committees on Appropriations
after the date of enactment of this Act. of the House of Representatives and the Sen- UNITED STATES FISH AND WILDLIFE SERVICE
ate detailing the allocation and obligation of CONSTRUCTION
OPERATION AND MAINTENANCE
these funds, beginning not later than 60 days For an additional amount for ‘‘Construc-
For an additional amount for ‘‘Operation
after the date of enactment of this Act. tion’’, $58,227,000, to remain available until
and Maintenance’’ for necessary expenses to
DEPARTMENT OF ENERGY expended, for necessary expenses related to
dredge Federal navigation projects in re-
ENERGY PROGRAMS the consequences of calendar year 2019, 2020,
sponse to, and repair damages to Corps of
and 2021 wildfires, hurricanes and other nat-
Engineers Federal projects caused by, nat- STRATEGIC PETROLEUM RESERVE
ural disasters.
ural disasters, $887,000,000, to remain avail- For an additional amount for ‘‘Strategic
able until expended, of which such sums as NATIONAL PARK SERVICE
Petroleum Reserve’’, $43,300,000, to remain
are necessary to cover the Federal share of CONSTRUCTION
available until expended, for necessary ex-
eligible operation and maintenance costs for penses related to damages caused by natural For an additional amount for ‘‘Construc-
coastal harbors and channels, and for inland disasters. tion’’, $229,472,000, to remain available until
harbors shall be derived from the general expended, for necessary expenses related to
TITLE V
fund of the Treasury: Provided, That the As- the consequences of calendar year 2019, 2020,
sistant Secretary of the Army for Civil INDEPENDENT AGENCIES and 2021 wildfires, hurricanes and other nat-
Works shall provide a monthly report di- SMALL BUSINESS ADMINISTRATION ural disasters.
rectly to the Committees on Appropriations DISASTER LOANS PROGRAM ACCOUNT UNITED STATES GEOLOGICAL SURVEY
of the House of Representatives and the Sen- (INCLUDING TRANSFER OF FUNDS) SURVEYS, INVESTIGATIONS, AND RESEARCH
ate detailing the allocation and obligation of For an additional amount for ‘‘Disaster For an additional amount for ‘‘Surveys, In-
these funds, beginning not later than 60 days Loans Program Account’’ for the cost of di- vestigations, and Research’’, $26,284,000, to
after the date of enactment of this Act. rect loans authorized by section 7(b) of the remain available until expended, for nec-
FLOOD CONTROL AND COASTAL EMERGENCIES Small Business Act, $1,189,100,000, to remain essary expenses related to the consequences
For an additional amount for ‘‘Flood Con- available until expended: Provided, That up of calendar year 2019, 2020, and 2021 wildfires,
trol and Coastal Emergencies’’, as authorized to $620,000,000 may be transferred to and hurricanes and other natural disasters.
by section 5 of the Act of August 18, 1941 (33 merged with ‘‘Salaries and Expenses’’ for ad- BUREAU OF SAFETY AND ENVIRONMENTAL
U.S.C. 701n), for necessary expenses to pre- ministrative expenses to carry out the dis- ENFORCEMENT
pare for flood, hurricane and other natural aster loan program authorized by section OFFSHORE SAFETY AND ENVIRONMENTAL
disasters and support emergency operations, 7(b) of the Small Business Act. ENFORCEMENT
repairs, and other activities in response to TITLE VI For an additional amount for ‘‘Offshore
such disasters, as authorized by law, DEPARTMENT OF HOMELAND SECURITY Safety and Environmental Enforcement’’,
$826,000,000, to remain available until ex- PROTECTION, PREPAREDNESS, $223,000, to remain available until expended,
pended: Provided, That funding utilized for RESPONSE, AND RECOVERY for necessary expenses related to the con-
authorized shore protection projects shall re- sequences of calendar year 2019, 2020 and 2021
store such projects to the full project profile FEDERAL EMERGENCY MANAGEMENT AGENCY
wildfires, hurricanes and natural disasters.
at full Federal expense: Provided further, FEDERAL ASSISTANCE
BUREAU OF INDIAN AFFAIRS
That the Assistant Secretary of the Army For an additional amount for ‘‘Federal As-
CONSTRUCTION
for Civil Works shall provide a monthly re- sistance’’, $50,000,000, to remain available
port directly to the Committees on Appro- until September 30, 2022, for emergency man- For an additional amount for ‘‘Construc-
priations of the House of Representatives agement performance grants under the Na- tion’’, $452,000, to remain available until ex-
and the Senate detailing the allocation and tional Flood Insurance Act of 1968 (42 U.S.C. pended, for necessary expenses related to the
obligation of these funds, beginning not later 4001 et seq.), the Robert T. Stafford Disaster consequences of calendar year 2019, 2020, and
than 60 days after the date of enactment of Relief and Emergency Assistance Act (42 2021 wildfires, hurricanes and other natural
this Act. U.S.C. 5121), the Earthquake Hazards Reduc- disasters.
EXPENSES tion Act of 1977 (42 U.S.C. 7701), section 762 of DEPARTMENT-WIDE PROGRAMS
title 6, United States Code, and Reorganiza- WILDLAND FIRE MANAGEMENT
For an additional amount for ‘‘Expenses’’
tion Plan No. 3 of 1978 (5 U.S.C. App.). (INCLUDING TRANSFER OF FUNDS)
for necessary expenses to administer and
oversee the obligation and expenditure of GENERAL PROVISION—THIS TITLE For an additional amount for ‘‘Wildland
amounts provided in this Act for the Corps of SEC. 1601. (a) Repayments of the remaining Fire Management’’, $100,000,000, to remain
Engineers, $30,000,000, to remain available balances of all loans, as of September 30, available until expended, for necessary ex-
until expended: Provided, That the Assistant 2021, by the Federal Emergency Management penses related to wildfires: Provied, That of
Secretary of the Army for Civil Works shall Agency under section 417 of the Robert T. the amounts provided under this heading in
provide a monthly report directly to the Stafford Disaster Relief and Emergency As- this Act, $55,000,000 shall be for hazardous
Committees on Appropriations of the House sistance Act (42 U.S.C. 5184) are hereby can- fuels management activities: Provided fur-
of Representatives and the Senate detailing celled. ther, That of the amounts provided under
the allocation and obligation of these funds, (b) Of the unobligated balances available this heading in this Act, $45,000,000, shall be
beginning not later than 60 days after the to the Department of Homeland Security for for burned area recovery.
date of enactment of this Act. ‘‘Federal Emergency Management Agency— RELATED AGENCIES DEPARTMENT OF
Disaster Relief Fund’’, such sums as are nec- AGRICULTURE
DEPARTMENT OF THE INTERIOR
essary may be transferred to the Disaster FOREST SERVICE
CENTRAL UTAH PROJECT Assistance Direct Loan Program Account for
FOREST SERVICE OPERATIONS
CENTRAL UTAH PROJECT COMPLETION ACCOUNT carrying out subsection (a).
(c) Each amount repurposed or transferred For an additional amount for ‘‘Forest
For an additional amount for ‘‘Central
by this section that was previously des- Service Operations’’, $105,000,000, to remain
Utah Project Completion Account’’,
ignated by the Congress as an emergency re- available until expended, for necessary ex-
$10,000,000 to be deposited into the Utah Rec-
quirement or as being for disaster relief pur- penses related to the consequences of cal-
lamation Mitigation and Conservation Ac-
suant to the Balanced Budget and Emer- endar year 2019, 2020, and 2021 wildfires, hur-
count for use by the Utah Reclamation Miti-
gency Deficit Control Act of 1985 or a concur- ricanes and other natural disasters.
gation and Conservation Commission, to re-
rent resolution on the budget is designated FOREST AND RANGELAND RESEARCH
main available until expended, for expenses
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necessary in carrying out fire remediation by the Congress as an emergency require- For an additional amount for ‘‘Forest and
activities for wildfires. ment pursuant to section 4001(a)(1) and sec- Rangeland Research’’, $25,000,000, to remain
tion 4001(b), or as being for disaster relief available until expended, for necessary ex-
BUREAU OF RECLAMATION
pursuant to section 4004(b)(6) and section penses related to the consequences of cal-
WATER AND RELATED RESOURCES 4005(f), respectively, of S. Con. Res. 14 (117th endar year 2019, 2020, and 2021 wildfires, hur-
For an additional amount for ‘‘Water and Congress), the concurrent resolution on the ricanes and other natural disasters for the
Related Resources’’, $210,000,000, to remain budget for fiscal year 2022. forest inventory and analysis program.
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September 29, 2021 CONGRESSIONAL RECORD — SENATE S6795
STATE AND PRIVATE FORESTRY sition at level II of the Executive Schedule disaster relief, long-term recovery, restora-
For an additional amount for ‘‘State and under section 5313 of title 5, United States tion of infrastructure and housing, economic
Private Forestry’’, $50,000,000, to remain Code, as in effect at the end of such calendar revitalization, and mitigation, in the most
available until expended, for necessary ex- year. impacted and distressed areas resulting from
penses related to the consequences of cal- (2) For purposes of applying this subsection a major disaster that occurred in 2020 or 2021
endar year 2019, 2020, and 2021 wildfires, hur- to an employee who would otherwise be sub- pursuant to the Robert T. Stafford Disaster
ricanes and other natural disasters. ject to the premium pay limits established Relief and Emergency Assistance Act (42
under section 5547 of title 5, United States U.S.C. 5121 et seq.): Provided, That amounts
NATIONAL FOREST SYSTEM
Code, ’’premium pay’’ means the premium made available under this heading in this
For an additional amount for ‘‘National pay paid under the provisions of law cited in Act shall be awarded directly to the State,
Forest System’’, $710,000,000, to remain avail- section 5547(a). unit of general local government, or Indian
able until expended: Provided, That of the (3) For purposes of applying this subsection tribe (as such term is defined in section 102
amounts provided under this heading in this to an employee under a premium pay limit of the Housing and Community Development
Act, $535,000,000 shall be for necessary ex- established under an authority other than Act of 1974 (42 U.S.C. 5302)) at the discretion
penses related to the consequences of cal- section 5547 of title 5, United States Code, of the Secretary: Provided further, That the
endar year 2019, 2020, and 2021 wildfires, hur- the agency responsible for administering Secretary shall allocate, using the best
ricanes and other natural disasters, includ- such limit shall determine what payments available data, an amount equal to the total
ing no less than $175,000,000 for high priority are considered premium pay. estimate for unmet needs for qualifying dis-
post-wildfire restoration for watershed pro- (4) For the purpose of applying this sub- asters under this heading in this Act: Pro-
tection, critical habitat, and burned area re- section, ‘‘basic pay’’ includes any applicable vided further, That any final allocation for
covery: Provided further, That of the amounts locality-based comparability payment under the total estimate for unmet need made
provided under this heading in this Act, section 5304 of title 5, United States Code, available under the preceding proviso shall
$175,000,000 shall be for hazardous fuels miti- any applicable special rate supplement under include an additional amount of 15 percent of
gation. section 5305 of such title, or any equivalent such estimate for additional mitigation: Pro-
CAPITAL IMPROVEMENT AND MAINTENANCE payment under a similar provision of law. vided further, That of the amounts made
For an additional amount for ‘‘Capital Im- (e) This section shall take effect as if en- available under this heading in this Act, no
provement and Maintenance’’, $470,000,000, to acted on January 1, 2021. less than $1,610,000,000 shall be allocated for
remain available until expended, for nec- (f) If application of this section results in major declared disasters that occurred in
essary expenses related to the consequences the payment of additional premium pay to a 2020 within 30 days of the date of enactment
of calendar year 2019, 2020, and 2021 wildfires, covered employee of a type that is normally of this Act: Provided further, That the Sec-
hurricanes and other natural disasters. creditable as basic pay for retirement or any retary shall not prohibit the use of amounts
other purpose, that additional pay shall made available under this heading in this
GENERAL PROVISION—THIS TITLE Act for non-Federal share as authorized by
not—
SEC. 1701. (a)(1) If services performed by section 105(a)(9) of the Housing and Commu-
(1) be considered to be basic pay of the cov-
the designated employees under paragraph nity Development Act of 1974 (42 U.S.C.
ered employee for any purpose; or
(2) of this subsection at the Department of 5305(a)(9)): Provided further, That of the
(2) be used in computing a lump-sum pay-
the Interior or the Department of Agri- amounts made available under this heading
ment to the covered employee for accumu-
culture during 2021 are determined by the in this Act, grantees may establish grant
lated and accrued annual leave under section
Secretary of the Interior or the Secretary of programs to assist small businesses for
5551 or section 5552 of title 5, United States
Agriculture, as applicable, to be primarily working capital purposes to aid in recovery:
Code, or other similar provision of law.
related to emergency wildland fire suppres- Provided further, That as a condition of draw-
(g) Not later than 45 days after the date of
sion activities, any premium pay for such ing funds for any activity other than general
enactment of this Act, the Secretary of the
services shall be disregarded in calculating administration, the Secretary shall certify
Interior and Secretary of Agriculture shall
the aggregate of such employee’s basic pay in advance that such grantee has in place
jointly provide to the Committees on Appro-
and premium pay for purposes of a limita- proficient financial controls and procure-
priations of the House of Representatives
tion under section 5547(a) of title 5, United ment processes and has established adequate
and the Senate, the Senate Committee on
States Code, or under any other provision of procedures to prevent any duplication of
Agriculture Nutrition and Forestry, the
law, whether such employee’s pay is paid on benefits as defined by section 312 of the Rob-
House of Representatives Committee on Ag-
a biweekly or calendar year basis. Any serv- ert T. Stafford Disaster Relief and Emer-
riculture, the Senate Committee on Energy
ices during 2021 that generate payments pay- gency Assistance Act (42 U.S.C. 5155), to en-
and Natural Resources, the House of Rep-
able in 2022 shall be disregarded in applying sure timely expenditure of funds, to main-
resentatives Committee on Natural Re-
this subsection. tain comprehensive websites regarding all
sources, Senate Committee on Homeland Se-
(2) The premium pay waiver under para- disaster recovery activities assisted with
curity and Governmental Affairs, and the amounts made available under this heading
graph (1) of this subsection shall apply to in-
House of Representatives Committee on in this Act, and to detect and prevent waste,
dividuals serving as wildland firefighters and
Oversight and Reform, a framework to mod- fraud, and abuse of funds: Provided further,
as fire management response officials, in-
ernize the wildland firefighting workforce That with respect to any such duplication of
cluding regional fire directors, deputy re-
beginning in fiscal year 2022. benefits, the Secretary shall act in accord-
gional fire directors, agency officials who di-
rectly oversee fire operations, and fire man- TITLE VIII ance with section 1210 of Public Law 115–254
agement officers, and individuals serving on DEPARTMENT OF TRANSPORTATION (132 Stat. 3442) and section 312 of the Robert
incident management teams (IMTs), at the FEDERAL AVIATION ADMINISTRATION T. Stafford Disaster Relief and Emergency
National Interagency Fire Center (NIFC), at Assistance Act (42 U.S.C. 5155): Provided fur-
FACILITIES AND EQUIPMENT
Geographic Area Coordinating Centers ther, That the Secretary shall require grant-
(GACCs), and at Operations centers. For an additional amount for ‘‘Facilities ees to maintain on a public website informa-
(3) The Departments of the Interior and and Equipment’’, $100,000,000, to remain tion containing common reporting criteria
Agriculture shall provide a report to Con- available until September 30, 2024, for nec- established by the Department that permits
gress detailing the number of positions, in- essary expenses related to the consequences individuals and entities awaiting assistance
cluding by occupation, grade, and the aggre- of Hurricane Ida. and the general public to see how all grant
gate pay by type of pay for each individual FEDERAL HIGHWAY ADMINISTRATION funds are used, including copies of all rel-
who receives pay authorized under sub- EMERGENCY RELIEF PROGRAM evant procurement documents, including
section (a)(1). grantee administrative contracts and details
For an additional amount for the ‘‘Emer-
(b) Any overtime pay for services described of ongoing procurement processes, as deter-
gency Relief Program’’ as authorized under
in subsection (a) that is payable under an au- mined by the Secretary: Provided further,
section 125 of title 23, United States Code,
thority outside of title 5, United States That prior to the obligation of funds a grant-
$2,600,000,000, to remain available until ex-
Code, shall be disregarded in calculating any ee shall submit a plan to the Secretary for
pended.
annual limit on the amount of overtime pay approval detailing the proposed use of all
payable in 2021. DEPARTMENT OF HOUSING AND URBAN funds, including criteria for eligibility and
(c) Any pay that is disregarded under ei- DEVELOPMENT how the use of these funds will address long-
ther subsection (a) or (b) shall be disregarded COMMUNITY PLANNING AND DEVELOPMENT term recovery and restoration of infrastruc-
in calculating such employee’s aggregate ture and housing, economic revitalization,
COMMUNITY DEVELOPMENT FUND
pay for purposes of applying the limitation and mitigation in the most impacted and dis-
ctelli on DSK11ZRN23PROD with SENATE
in section 5307 of title 5, United States Code, (INCLUDING TRANSFERS OF FUNDS) tressed areas: Provided further, That such
during 2021. For an additional amount for ‘‘Community funds may not be used for activities reim-
(d)(1) Pay that is disregarded under sub- Development Fund’’, $5,000,000,000, to remain bursable by, or for which funds are made
section (a) or (b) shall not cause the aggre- available until expended, for necessary ex- available by, the Federal Emergency Man-
gate of the employee’s basic pay and pre- penses for activities authorized under title I agement Agency or the Army Corps of Engi-
mium pay for the applicable calendar year to of the Housing and Community Development neers: Provided further, That funds allocated
exceed the rate of basic pay payable for a po- Act of 1974 (42 U.S.C. 5301 et seq.) related to under this heading in this Act shall not be
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S6796 CONGRESSIONAL RECORD — SENATE September 29, 2021
considered relevant to the non-disaster for- of funds related to those major disasters to days thereafter through fiscal year 2022, the
mula allocations made pursuant to section expand the eligible beneficiaries of existing Secretary of Defense shall provide a written
106 of the Housing and Community Develop- programs contained in such previously ap- report to the congressional defense commit-
ment Act of 1974 (42 U.S.C. 5306): Provided fur- proved plans to include those impacted by tees describing the execution of funds pro-
ther, That a State, unit of general local gov- disasters in 2020 or 2021: Provided further, vided in this title, including the amounts ob-
ernment, or Indian tribe may use up to 5 per- That of the amounts made available under ligated and expended, in total and since the
cent of its allocation for administrative this heading in this Act, up to $7,000,000 shall previous report; the nature of the costs in-
costs related to a major disaster under this be made available for capacity building and curred or services provided by such funds;
heading in this Act and for the same pur- technical assistance, including assistance on and any reimbursements or funds transferred
poses in prior and future Acts and such contracting and procurement, to support by another Federal agency to the Depart-
amounts shall be available for any eligible States, units of general local government, or ment of Defense which relates to the purpose
administrative costs without regard to a par- Indian tribes, and subrecipients that receive of the funds provided by this title.
ticular disaster: Provided further, That in ad- allocations for disaster recovery pursuant to SEC. 2202. Notwithstanding any other pro-
ministering the amounts made available the authority under this heading in this Act vision of law, funds provided by this title
under this heading in this Act, the Secretary and allocations for disaster recovery in any shall only be for the purposes specified, and
of Housing and Urban Development may prior or future Acts: Provided further, That of shall not be subject to any transfer author-
waive, or specify alternative requirements the amounts made available under this head- ity provided by law.
for, any provision of any statute or regula- ing in this Act, up to $5,500,000 shall be trans- SEC. 2203. The Inspector General of the De-
tion that the Secretary administers in con- partment of Defense shall carry out reviews
ferred to ‘‘Department of Housing and Urban
nection with the obligation by the Secretary of the activities of the Department of De-
Development—Program Office Salaries and
or the use by the recipient of these funds (ex- fense to transport and care for Afghans, in-
Expenses—Community Planning and Devel-
cept for requirements related to fair housing, cluding but not limited to, the humane
opment’’ for necessary costs, including infor-
nondiscrimination, labor standards, and the treatment and living conditions of Afghans
environment), if the Secretary finds that mation technology costs, of administering
at any Department of Defense facility; the
good cause exists for the waiver or alter- and overseeing the obligation and expendi-
use of funds by the Department of Defense to
native requirement and such waiver or alter- ture of amounts made available under the
support such persons, including the moni-
native requirement would not be incon- heading ‘‘Community Development Fund’’ in
toring of potential waste, fraud, or abuse of
sistent with the overall purpose of title I of this Act or any prior or future Act that
such funds; and any related issues that the
the Housing and Community Development makes amounts available for purposes re-
Inspector General may direct: Provided, That
Act of 1974: Provided further, That, notwith- lated to major disasters under such heading.
the Inspector General shall provide to the
standing the preceding proviso, recipients of TITLE IX congressional defense committees periodic
funds provided under this heading in this Act GENERAL PROVISIONS—THIS ACT updates on such oversight efforts and a writ-
that use such funds to supplement Federal ten report to such committees not later than
SEC. 1901. Each amount appropriated or
assistance provided under section 402, 403, 60 days after the date of enactment of this
made available by this Act is in addition to
404, 406, 407, 408(c)(4), or 502 of the Robert T. Act.
amounts otherwise appropriated for the fis-
Stafford Disaster Relief and Emergency As- SEC. 2204. Title IX of division C of Public
cal year involved.
sistance Act (42 U.S.C. 5121 et seq.) may Law 116–260 is amended under the heading
SEC. 1902. No part of any appropriation
adopt, without review or public comment, ‘‘Afghanistan Security Forces Fund’’ by in-
contained in this Act shall remain available
any environmental review, approval, or per- serting the following before the penultimate
for obligation beyond the current fiscal year
mit performed by a Federal agency, and such proviso: ‘‘Provided further, That the Sec-
unless expressly so provided herein.
adoption shall satisfy the responsibilities of retary of Defense may obligate and expend
SEC. 1903. Unless otherwise provided for by
the recipient with respect to such environ- funds made available under this heading for
this Act, the additional amounts appro-
mental review, approval or permit: Provided costs associated with the termination of con-
priated by this Act to appropriations ac-
further, That, notwithstanding section tracts previously funded with amounts pro-
counts shall be available under the authori-
104(g)(2) of the Housing and Community De- vided under this heading in prior Acts, and
ties and conditions applicable to such appro- to pay valid invoices in satisfaction of liabil-
velopment Act of 1974 (42 U.S.C. 5304(g)(2)),
priations accounts for fiscal year 2022. ities under such contracts for which the ap-
the Secretary or a State may, upon receipt
SEC. 1904. Each amount provided by this di- plicable prior appropriation cannot be iden-
of a request for release of funds and certifi-
vision is designated by the Congress as being tified:’’.
cation, immediately approve the release of
for an emergency requirement pursuant to SEC. 2205. Not later than 90 days after the
funds for an activity or project assisted
section 4001(a)(1) and section 4001(b) of S. date of enactment of this Act, the Secretary
under this heading in this Act if the recipi-
Con. Res. 14 (117th Congress), the concurrent of Defense, in consultation with the Service
ent has adopted an environmental review,
resolution on the budget for fiscal year 2022. Secretaries and the Commander of United
approval or permit under the preceding pro-
This division may be cited as the ‘‘Disaster States Central Command, shall submit to
viso or the activity or project is categori-
Relief Supplemental Appropriations Act, the congressional defense committees a re-
cally excluded from review under the Na-
2022’’. port regarding the disposition of United
tional Environmental Policy Act of 1969 (42
U.S.C. 4321 et seq.): Provided further, That the DIVISION C—AFGHANISTAN SUPPLE- States property, equipment, and supplies, in-
Secretary shall publish via notice in the Fed- MENTAL APPROPRIATIONS ACT, 2022 cluding property, equipment, and supplies
eral Register or on the website of the De- The following sums are appropriated, out provided to the Afghanistan National Secu-
partment any waiver, or alternative require- of any money in the Treasury not otherwise rity Forces, which were destroyed, taken out
ment, to any statute or regulation that the appropriated, for the fiscal year ending Sep- of Afghanistan, or remain in Afghanistan in
Secretary administers pursuant to title I of tember 30, 2022, and for other purposes, connection with the United States military
the Housing and Community Development namely: withdrawal: Provided, That such report shall
Act of 1974 no later than 5 days before the ef- include information on the future plans of
TITLE I the Department of Defense regarding any
fective date of such waiver or alternative re-
DEPARTMENT OF JUSTICE such items.
quirement: Provided further, That the Sec-
retary is authorized to approve the use of FEDERAL BUREAU OF INVESTIGATION TITLE III
amounts made available under this heading SALARIES AND EXPENSES DEPARTMENT OF HEALTH AND HUMAN
in this Act or a prior or future Act for activi- For an additional amount for ‘‘Salaries SERVICES
ties authorized under title I of the Housing and Expenses’’, $50,000,000, to remain avail- CENTERS FOR DISEASE CONTROL AND
and Community Development Act of 1974 (42 able until September 30, 2022, for investiga- PREVENTION
U.S.C. 5301 et seq.) related to unmet recovery tive activities associated with Afghan reset- CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
needs in the most impacted and distressed tlement operations. For an additional amount for ‘‘CDC—Wide
areas resulting from a major disaster in this
TITLE II Activities and Program Support’’, $21,500,000,
Act or in a prior or future Act to be used
DEPARTMENT OF DEFENSE for support of Operation Allies Welcome, to
interchangeably and without limitation for
remain available until September 30, 2022, for
the same activities in the most impacted and OPERATION AND MAINTENANCE
medical support, screening, and other related
distressed areas resulting from other major OVERSEAS HUMANITARIAN, DISASTER, AND public health activities related to Afghan ar-
disasters assisted under this Act or a prior or CIVIC AID rivals and refugees.
future Act when such areas overlap and when
For an additional amount for ‘‘Overseas ADMINISTRATION FOR CHILDREN AND FAMILIES
the use of the funds will address unmet re-
Humanitarian, Disaster, and Civic Aid’’,
ctelli on DSK11ZRN23PROD with SENATE
covery needs of both disasters: Provided fur- REFUGEE AND ENTRANT ASSISTANCE
$2,200,000,000, to remain available until Sep-
ther, That, until the Secretary publishes a For an additional amount for ‘‘Refugee and
tember 30, 2023, for support of Operation Al-
Federal Register Notice establishing the re- Entrant Assistance’’, $1,680,000,000, to remain
lies Welcome by the Department of Defense.
quirements for the previous proviso, grant- available until September 30, 2023, for sup-
ees that received grants under the same GENERAL PROVISIONS—THIS TITLE port of Operation Allies Welcome for car-
heading for 2017, 2018 or 2019 disasters may SEC. 2201. Not later than 30 days after the rying out refugee and entrant assistance ac-
submit for approval revised plans for the use date of enactment of this Act, and every 30 tivities in support of citizens or nationals of
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September 29, 2021 CONGRESSIONAL RECORD — SENATE S6797
Afghanistan paroled into the United States UNITED STATES EMERGENCY REFUGEE AND for Afghanistan may be made available for
under section 212(d)(5) of the Immigration MIGRATION ASSISTANCE FUND direct assistance to the Taliban.
and Nationality Act and citizens or nation- For an additional amount for ‘‘United TITLE V
als of Afghanistan for whom such refugee States Emergency Refugee and Migration GENERAL PROVISIONS—THIS ACT
and entrant assistance activities are author- Assistance Fund’’, $1,076,100,000, to remain
ized: Provided, That amounts made available SEC. 2501. In addition to amounts otherwise
available until expended, notwithstanding
under this heading in this Act may be used made available, there is appropriated for
section 2(c)(2) of the Migration and Refugee
for grants or contracts with qualified non- ‘‘U.S. Citizenship and Immigration Serv-
Assistance Act of 1962 (22 U.S.C. 2601(c)(2)), of
profit organizations to provide culturally ices—Immigration Examinations Fee Ac-
which $976,100,000 is for support for Operation
and linguistically appropriate services, in- Allies Welcome and related efforts by the count’’, $193,000,000, to remain available until
cluding wrap-around services during tem- Department of State, including additional expended, for necessary expenses in support
porary housing and after resettlement, hous- relocations of individuals at risk as a result of Operation Allies Welcome, to be deposited
ing assistance, medical assistance, legal as- of the situation in Afghanistan and related and used as provided in section 286(n) of the
sistance, and case management assistance: expenses, and $100,000,000 is to respond to Immigration and Nationality Act (8 U.S.C.
Provided further, That the Director of the Of- other unexpected and urgent humanitarian 1356(n)): Provided, That such amounts shall
fice of Refugee Resettlement, in carrying out emergencies. be in addition to any other amounts made
section 412(c)(1)(A) of the Immigration and available for such purposes and shall not be
GENERAL PROVISIONS—THIS TITLE
Nationality Act with amounts made avail- construed to require any reduction of any fee
SEC. 2401. During fiscal years 2022 and 2023, described in section 286(m) of the Immigra-
able under this heading in this Act, may al- notwithstanding any applicable restrictions
locate such amounts among the States in a tion and Nationality Act (8 U.S.C. 1356(m)):
on the ability of the Department of State Provided further, That amounts provided in
manner that accounts for the most current and the United States Agency for Inter-
data available. this section shall only be for the purposes
national Development to enter into personal specified, and notwithstanding any other
CHILDREN AND FAMILIES SERVICES PROGRAMS services contracts, including section 704 of provision of law are not available for non-ex-
For an additional amount for ‘‘Children the Financial Services and General Govern- penditure transfer or reprogramming: Pro-
and Families Services Programs’’, $7,773,000, ment Appropriations Act, 2021 (division E of
vided further, That within 15 days of the date
to remain available until September 30, 2022, Public Law 116–260) as continued by section
of enactment of this Act, U.S. Citizenship
for support of Operation Allies Welcome for 101 of division A of this Act (and any suc-
and Immigration Services shall provide to
necessary administrative expenses to carry cessor provision in a subsequently enacted
the Committees on Appropriations and the
out refugee and entrant assistance activities appropriations Act), the authorities of sec-
Committees on the Judiciary of the Senate
in support of citizens or nationals of Afghan- tion 2(c) of the State Department Basic Au-
and the House of Representatives an expendi-
istan. thorities Act of 1956 (22 U.S.C. 2669(c)), sec-
ture plan for the funds provided under this
tion 636(a)(3) of the Foreign Assistance Act
GENERAL PROVISION—THIS TITLE paragraph, and every 30 days thereafter shall
of 1961 (22 U.S.C. 2396(a)(3)), and section
SEC. 2301. (a) Not later than 45 days after provide updated execution data to such Com-
5(a)(6) of the Migration and Refugee Assist-
the date of enactment of this Act, the Sec- ance Act of 1962 (22 U.S.C. 2605(a)(6)) may be mittees for such funds: Provided further, That
retary of Health and Human Services, the exercised, without regard to the geographic the reporting requirement in the previous
Secretary of State, and the Secretary of limitations referenced therein, particularly proviso shall end on September 30, 2026.
Homeland Security shall jointly submit a to enter into, extend, and maintain con- SEC. 2502. (a) IN GENERAL.—Notwith-
strategy on Afghan evacuee resettlement to tracts with individuals who have served as standing any other provision of law, a citizen
the appropriate congressional committees locally employed staff of the United States or national of Afghanistan (or a person with
and leadership describing agency roles and mission in Afghanistan. no nationality who last habitually resided in
responsibilities, vetting, immigration status SEC. 2402. The Secretary of State, in con- Afghanistan) shall be eligible for the benefits
of each Afghan, and anticipated costs associ- sultation with the Administrator of the described in subsections (b) and (c) if—
ated with implementing such strategy. United States Agency for International De- (1) such individual completed security and
(b) DEFINITION OF AFGHAN EVACUEE.—In velopment, shall submit to the Committees law enforcement background checks to the
this section, the term ‘‘Afghan evacuee’’ on Appropriations, not later than 45 days satisfaction of the Secretary of Homeland
means a person whose evacuation from Af- after the date of enactment of this Act, a re- Security and was subsequently—
ghanistan to the United States, or a location port on the proposed uses of funds appro- (A) paroled into the United States between
overseas controlled by the United States, priated by this title under the headings July 31, 2021, and September 30, 2022; or
was facilitated by the United States as part ‘‘Emergencies in the Diplomatic and Con- (B) paroled into the United States after
of Operation Allies Refuge. sular Service’’ and ‘‘United States Emer- September 30, 2022, and—
gency Refugee and Migration Assistance (i) is the spouse or child (as such term is
TITLE IV
Fund’’, by program, project, and activity, for defined under section 101(b) of the Immigra-
DEPARTMENT OF STATE tion and Nationality Act (8 U.S.C. 1101(b)) of
which the obligation of funds is anticipated:
ADMINISTRATION OF FOREIGN AFFAIRS Provided, That such report shall be updated an individual described in subparagraph (A);
EMERGENCIES IN THE DIPLOMATIC AND (including any changes in proposed uses from or
CONSULAR SERVICE the initial plan) and submitted to the Com- (ii) is the parent or legal guardian of an in-
For an additional amount for ‘‘Emer- mittees on Appropriations every 45 days dividual described in subparagraph
gencies in the Diplomatic and Consular Serv- until September 30, 2023. (A) who is determined to be an unaccom-
ice’’, $276,900,000, to remain available until SEC. 2403. Not later than 45 days after the panied child under 6 U.S.C. 279(g)(2); and
expended, for support for Operation Allies date of enactment of this Act, the Secretary (2) such individual’s parole has not been
Welcome and related efforts by the Depart- of State, in consultation with the Secretary terminated by the Secretary of Homeland
ment of State, including additional reloca- of Homeland Security and the heads of other Security.
tions of individuals at risk as a result of the relevant Federal agencies, shall submit to (b) BENEFITS.—An individual described in
situation in Afghanistan and related ex- the Committees on Appropriations a report subsection (a) shall be eligible for—
on the status of the Priority 2 (P–2) designa- (1) resettlement assistance, entitlement
penses, and to reimburse the account under
tion granting United States Refugee Admis- programs, and other benefits available to
this heading in prior acts making appropria-
sions Program (USRAP) access for certain at refugees admitted under section 207 of the
tions for the Department of State, foreign
risk Afghan nationals and their eligible fam- Immigration and Nationality Act (8 U.S.C.
operations, and related programs for obliga-
ily members that was announced by the De- 1157) until March 31, 2023, or the term of pa-
tions previously incurred.
partment of State on August 2, 2021: Pro- role granted under subsection (a), whichever
BILATERAL ECONOMIC ASSISTANCE is later;
vided, That such report shall include the ap-
FUNDS APPROPRIATED TO THE PRESIDENT proximate number of Afghan nationals and (2) services described under section
INTERNATIONAL DISASTER ASSISTANCE their eligible family members who have been 412(d)(2) of the Immigration and Nationality
For an additional amount for ‘‘Inter- referred to the program, the number of Af- Act (8 U.S.C. 1522(d)(2)), subject to subpara-
national Disaster Assistance’’, $400,000,000, to ghan nationals who have contacted a Reset- graph (B) of such section, if such individual
remain available until expended, to address tlement Support Center to begin processing is an unaccompanied alien child as defined
humanitarian needs in Afghanistan and the of their P–2 referral, the estimated time for under 6 U.S.C. 279(g)(2); and
region impacted by the situation in Afghani- processing such applications, an assessment (3) a driver’s license or identification card
stan. of the obstacles facing P–2 eligible individ- under section 202 of the REAL ID Act of 2005
uals seeking to leave Afghanistan, and a plan (division B of Public Law 109–13; 49 U.S.C.
DEPARTMENT OF STATE
ctelli on DSK11ZRN23PROD with SENATE
for augmenting personnel needed for refugee 30301 note), notwithstanding subsection
MIGRATION AND REFUGEE ASSISTANCE processing or humanitarian parole: Provided (c)(2)(B) of such Act.
For an additional amount for ‘‘Migration further, That such report shall be submitted (c) EXPEDITIOUS ADJUDICATION OF ASYLUM
and Refugee Assistance’’, $415,000,000, to re- in unclassified form, but may be accom- APPLICATIONS.—With respect to an applica-
main available until expended, to address panied by a classified annex. tion for asylum under section 208 of the Im-
humanitarian needs in, and to assist refugees SEC. 2404. None of the funds appropriated in migration and Nationality Act (8 U.S.C. 1158)
from, Afghanistan. this title and made available for assistance filed by an individual described in subsection
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S6798 CONGRESSIONAL RECORD — SENATE September 29, 2021
(a), the Secretary of Homeland Security (2) The number of Afghan evacuees who the Emergency Scheduling of Fentanyl Ana-
shall— have been interviewed by U.S. Citizenship logues Act (Public Law 116–114), section 2 of
(1) conduct the initial interview on the and Immigration Services in connection such Act (as amended by Public Law 117–12)
asylum application not later than 45 days with an application or petition for immigra- is amended by striking ‘‘October 22, 2021’’
after the date on which the application is tion benefits, including— and inserting ‘‘January 28, 2022’’.
filed; and (A) the number of such interviews con-
SEC. 3105. EXTENDING THE INCREASED FEDERAL
(2) in the absence of exceptional cir- ducted since the United States withdrawal; MEDICAL ASSISTANCE PERCENTAGE
cumstances, issue a final administrative ad- (B) the rate at which individuals were FOR TERRITORIES.
judication on the asylum application within granted or refused the benefits that formed
the basis for such interviews; (a) IN GENERAL.—Section 1905(ff) of the So-
150 days after the date the application is cial Security Act (42 U.S.C. 1396d(ff)) is
(C) the number of individuals who did not
filed. amended—
appear at a scheduled interview; and
(d) CLARIFICATION.—Notwithstanding any
(D) a description of the procedures for (1) in paragraph (2), by striking ‘‘Sep-
other provision of law, nothing in this act screening for and detecting child marriage,
shall be interpreted to— tember 30, 2021’’ and inserting ‘‘December 3,
human trafficking, gender-based violence, 2021’’ ; and
(1) preclude an individual described in sub- and marriages entered into or relationships
section (a), from applying for or receiving (2) in paragraph (3), by striking ‘‘Sep-
as fiancee or fiance claimed for the sole pur-
any immigration benefits to which such indi- tember 30, 2021’’ and inserting ‘‘December 3,
pose of securing evacuation.
vidual is otherwise eligible; or (3) For each Federal department and agen- 2021’’.
(2) entitle a person described in subsection cy involved in Operation Allies Welcome— (b) GAO REVIEW.—Not later than Novem-
(a) to lawful permanent resident status. (A) as of the date of the report, the costs ber 15, 2021, the Comptroller General of the
(e) REPORT.—Not later than 120 days after incurred; and United States shall review the determination
the date of enactment of this Act, and every (B) an identification of the source of appro- of the allotment for Puerto Rico for fiscal
3 months thereafter, the Secretary of Home- priated or other funds used to fund the ef- year 2022 under section 1108(g) of the Social
land Security, in consultation with the Sec- fort. Security Act (42 U.S.C. 1308(g)), and include
retary of Defense and the Secretary of State, (c) DEFINITION OF AFGHAN EVACUEE.—In in the review the legal opinion of the Comp-
shall submit a report to Congress detailing this section, the term ‘‘Afghan evacuee’’ troller General on the most plausible plain
the number of individuals described in sub- means a person whose evacuation from Af- reading of how such fiscal year 2022 allot-
section (a); the number of individuals receiv- ghanistan to the United States, or a location ment level should be calculated.
ing benefits in subsection (b), including their overseas controlled by the United States,
was facilitated by the United States as part SEC. 3106. MEDICARE IMPROVEMENT FUND.
eligibility for benefits as refugees notwith-
standing this Act; and any other information of Operation Allies Refuge. Section 1898(b)(1) of the Social Security
deemed relevant by the Secretary. SEC. 2504. Each amount appropriated or Act (42 U.S.C. 1395iii(b)(1)) is amended by
made available by this Act is in addition to striking ‘‘$165,000,000’’ and inserting
REPORTING REQUIREMENT amounts otherwise appropriated for the fis- ‘‘$69,000,000’’.
SEC. 2503. (a) IN GENERAL.—Not later than cal year involved.
60 days after the date of the enactment of SEC. 2505. No part of any appropriation TITLE II—BUDGETARY EFFECTS
this Act, and quarterly thereafter through contained in this Act shall remain available SEC. 3201. BUDGETARY EFFECTS.
September 30, 2023, the Secretary of Home- for obligation beyond the current fiscal year
unless expressly so provided herein. (a) STATUTORY PAYGO SCORECARDS.—The
land Security, in coordination with the head
SEC. 2506. Unless otherwise provided for by budgetary effects of this division shall not be
of any other applicable Federal agency, shall
this Act, the additional amounts appro- entered on either PAYGO scorecard main-
submit to Congress a report that includes
priated by this Act to appropriations ac- tained pursuant to section 4(d) of the Statu-
the elements described in subsection (b).
counts shall be available under the authori- tory Pay-As-You-Go Act of 2010.
(b) ELEMENTS.—The report required by sub-
section (a) shall include the following: ties and conditions applicable to such appro- (b) SENATE PAYGO SCORECARDS.—The
(1) A summary of the status of Afghan priations accounts for fiscal year 2022. budgetary effects of this division shall not be
evacuees, including— SEC. 2507. Each amount provided by this di- entered on any PAYGO scorecard maintained
(A) the number of the Afghan evacuees vision is designated by the Congress as being for purposes of section 4106 of H. Con. Res. 71
present in the United States, located at over- for an emergency requirement pursuant to (115th Congress).
seas bases of the United States Armed section 4001(a)(l) and section 4001(b) of S. (c) CLASSIFICATION OF BUDGETARY EF-
Forces, or located in third countries who are Con. Res. 14 (117th Congress), the concurrent FECTS.—Notwithstanding Rule 3 of the Budg-
not located at such a base including— resolution on the budget for fiscal year 2022. et Scorekeeping Guidelines set forth in the
This division may be cited as the ‘‘Afghan-
(i) the number who are U.S. lawful perma- joint explanatory statement of the com-
istan Supplemental Appropriations Act,
nent residents; mittee of conference accompanying Con-
2022’’.
(ii) the number who are Special Immigrant ference Report 105–217 and section 250(c)(8) of
Visa holders; DIVISION D—OTHER MATTERS the Balanced Budget and Emergency Deficit
(iii) the number who are Special Immi- TITLE I—EXTENSIONS, TECHNICAL Control Act of 1985, the budgetary effects of
grant Visa applicants; CORRECTIONS, AND OTHER MATTERS this division shall not be estimated—
(iv) the number who are in possession of a SEC. 3101. EXTENSION OF AUTHORITY TO MAKE (1) for purposes of section 251 of such Act;
valid nonimmigrant visa to enter the United CERTAIN APPOINTMENTS FOR NA-
TIONAL DISASTER MEDICAL SYS- (2) for purposes of an allocation to the
States; Committee on Appropriations pursuant to
TEM.
(v) the number who are employees of a U.S. section 302(a) of the Congressional Budget
Government agency; Section 2812(c)(4)(B) of the Public Health
Service Act (42 U.S.C. 300hh–ll(c)(4)(B)) is Act of 1974; and
(vi) the number who are employees of a
U.S. funded partner organization, media, or amended by striking ‘‘September 30, 2021’’ (3) for purposes of paragraph (4)(C) of sec-
non-profit; and inserting ‘‘December 3, 2021’’. tion 3 of the Statutory Pay-As-You-Go Act
(vii) the number of Priority 1 refugee refer- SEC. 3102. EXTENDING CERTAIN WAIVER AU- of 2010 as being included in an appropriation
THORITIES. Act.
rals;
(a) NATIONAL SCHOOL LUNCH PROGRAM RE- ---
(viii) the number of Priority 2 refugee re-
QUIREMENT WAIVERS ADDRESSING COVID–19.—
ferrals;
Section 2202(e) of the Families First
SA 3831. Mr. MARSHALL (for himself
(ix) the number who have been relocated and Mr. BRAUN) submitted an amend-
Coronavirus Response Act (Public Law 116–
from the United States to a third country, ment intended to be proposed by him
127; 42 U.S.C. 1760 note) is amended by strik-
and the country to which they were relo- to the bill H.R. 5305, making con-
ing ‘‘September 30, 2021’’ and inserting ‘‘June
cated; and
30, 2022: Provided, That such waivers shall tinuing appropriations for the fiscal
(x) the number who do not fall into any of
only apply to school year 2021–2022’’. year ending September 30, 2022, and for
the above categories; (b) FUNDING.—There are hereby appro-
(B) the number of Afghan evacuees at over- providing emergency assistance, and
priated, out of any funds in the Treasury not
seas bases or other official staging areas who otherwise appropriated, such sums as may be for other purposes; which was ordered
have been flagged as potential security con- necessary to carry out this section. to lie on the table; as follows:
cerns or risks or included on the United SEC. 3103. EXTENSION OF ADDITIONAL SPECIAL At the appropriate place in title I of divi-
States no-fly list and who were therefore de- ASSESSMENT. sion D, insert the following:
nied clearance to enter the United States; Section 3014(a) of title 18, United States
ctelli on DSK11ZRN23PROD with SENATE
and SEC. ll. PROHIBITION ON FUNDING FOR
Code, is amended by striking ‘‘September 30,
(C) the number of the Afghan evacuees who COVID–19 VACCINE MANDATES.
2021’’ and inserting ‘‘December 31, 2021’’.
have been paroled into the United States— SEC. 3104. EXTENSION OF TEMPORARY ORDER (a) IN GENERAL.—None of the funds appro-
(i) the number whose parole was termi- FOR FENTANYL-RELATED SUB- priated or otherwise made available under
nated; and STANCES. this Act may be obligated or expended to im-
(ii) the number whose parole has been ex- Effective as if included in the enactment of plement or enforce a COVID–19 vaccine man-
tended. the Temporary Reauthorization and Study of date, including the promulgation of any rule
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