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Public Law 117–43 — Extending Government Funding and Delivering Emergency Assistance Act

Summary

Public Law 117–43, approved Sept. 30, 2021 [H.R. 5305], the Extending Government Funding and Delivering Emergency Assistance Act, an Act making continuing appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance. The table of contents lists Division A, Continuing Appropriations Act, 2022, Division B, Disaster Relief Supplemental Appropriations Act, 2022, Division C, Afghanistan Supplemental Appropriations Act, 2022, and Division D, Other Matters. Section 101 of Division A appropriates such amounts as may be necessary, at a rate for operations as provided in fiscal year 2021 appropriations Acts, including divisions of Public Law 116–260, for continuing projects or activities.

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Congressional materials
Document type
Plaw Plaw 117Publ43 Plaw 117Publ43
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Plaw Plaw 117Publ43 Plaw 117Publ43

Cite this document

“Public Law 117–43 — Extending Government Funding and Delivering Emergency Assistance Act.” Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/plaw-plaw-117publ43-plaw-117publ43/, SHA-256 4827709deb2c2b5f05cd5fe97257937b48767029f76975e3e310081f2cc50201.

Full text

                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021




                                                                      EXTENDING GOVERNMENT FUNDING AND
                                                                     DELIVERING EMERGENCY ASSISTANCE ACT




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                                                                   135 STAT. 344                              PUBLIC LAW 117–43—SEPT. 30, 2021




                                                                                           Public Law 117–43
                                                                                           117th Congress
                                                                                                                                        An Act
                                                                     Sept. 30, 2021              Making continuing appropriations for the fiscal year ending September 30, 2022,
                                                                      [H.R. 5305]                       and for providing emergency assistance, and for other purposes.

                                                                                               Be it enacted by the Senate and House of Representatives of
                                                                   Extending               the United States of America in Congress assembled,
                                                                   Government
                                                                   Funding and             SECTION 1. SHORT TITLE.
                                                                   Delivering
                                                                   Emergency                   This Act may be cited as the ‘‘Extending Government Funding
                                                                   Assistance Act.         and Delivering Emergency Assistance Act’’.
                                                                                           SEC. 2. TABLE OF CONTENTS.

                                                                                           Sec. 1. Short Title
                                                                                           Sec. 2. Table of Contents.
                                                                                           Sec. 3. References.
                                                                                                         DIVISION A—CONTINUING APPROPRIATIONS ACT, 2022
                                                                                             DIVISION B—DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT,
                                                                                                                         2022
                                                                                            DIVISION C—AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT, 2022
                                                                                                                   DIVISION D—OTHER MATTERS
                                                                                           Title I—Extensions, Technical Corrections, and Other Matters
                                                                                           Title II—Budgetary Effects
                                                                   1 USC 1 note.           SEC. 3. REFERENCES.
                                                                                                Except as expressly provided otherwise, any reference to ‘‘this
                                                                                           Act’’ contained in any division of this Act shall be treated as
                                                                                           referring only to the provisions of that division.

                                                                   Continuing                DIVISION A—CONTINUING APPROPRIATIONS ACT, 2022
                                                                   Appropriations
                                                                   Act, 2022.                   The following sums are hereby appropriated, out of any money
                                                                                           in the Treasury not otherwise appropriated, and out of applicable
                                                                                           corporate or other revenues, receipts, and funds, for the several
                                                                                           departments, agencies, corporations, and other organizational units
                                                                                           of Government for fiscal year 2022, and for other purposes, namely:
                                                                                                SEC. 101. Such amounts as may be necessary, at a rate for
                                                                                           operations as provided in the applicable appropriations Acts for
                                                                                           fiscal year 2021 and under the authority and conditions provided
                                                                                           in such Acts, for continuing projects or activities (including the
                                                                                           costs of direct loans and loan guarantees) that are not otherwise
                                                                                           specifically provided for in this Act, that were conducted in fiscal
                                                                                           year 2021, and for which appropriations, funds, or other authority
                                                                                           were made available in the following appropriations Acts:




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                                                                                                    (1) The Agriculture, Rural Development, Food and Drug
                                                                                                Administration, and Related Agencies Appropriations Act, 2021




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 345

                                                                       (division A of Public Law 116–260), except section 799D, and
                                                                       including title IV of division O of Public Law 116–260.
                                                                            (2) The Commerce, Justice, Science, and Related Agencies
                                                                       Appropriations Act, 2021 (division B of Public Law 116–260),
                                                                       except the proviso in section 541 and sections 542 and 543.
                                                                            (3) The Department of Defense Appropriations Act, 2021
                                                                       (division C of Public Law 116–260).
                                                                            (4) The Energy and Water Development and Related Agen-
                                                                       cies Appropriations Act, 2021 (division D of Public Law 116–
                                                                       260), except the last proviso under the heading ‘‘Department
                                                                       of Energy—Energy Programs—Science’’, the last two provisos
                                                                       under the heading ‘‘Department of Energy—Energy Programs—
                                                                       Title 17 Innovative Technology Loan Guarantee Program’’, and
                                                                       the two provisos under the heading ‘‘Department of Energy—
                                                                       Energy Programs—Advanced Technology Vehicles Manufac-
                                                                       turing Loan Program’’.
                                                                            (5) The Financial Services and General Government Appro-
                                                                       priations Act, 2021 (division E of Public Law 116–260), except
                                                                       the matter under the heading ‘‘Presidential Transition Adminis-
                                                                       trative Support’’ in title II, the matter under the heading ‘‘Gen-
                                                                       eral Services Administration—Expenses, Presidential Transi-
                                                                       tion’’ in title V, the proviso and the amount specified in such
                                                                       proviso under the heading ‘‘District of Columbia—Federal
                                                                       Funds—Federal Payment for Emergency Planning and Security
                                                                       Costs in the District of Columbia’’ in title IV, and title IX.
                                                                            (6) The Department of Homeland Security Appropriations
                                                                       Act, 2021 (division F of Public Law 116–260), except section
                                                                       538, and including sections 101 through 103 and section 105
                                                                       of title I of division O of Public Law 116–260.
                                                                            (7) The Department of the Interior, Environment, and
                                                                       Related Agencies Appropriations Act, 2021 (division G of Public
                                                                       Law 116–260).
                                                                            (8) The Departments of Labor, Health and Human Services,
                                                                       and Education, and Related Agencies Appropriations Act, 2021
                                                                       (division H of Public Law 116–260), except sections 118 and
                                                                       533.
                                                                            (9) The Legislative Branch Appropriations Act, 2021 (divi-
                                                                       sion I of Public Law 116–260), except sections 211 and 213,
                                                                       and including section 7 of Public Law 116–260.
                                                                            (10) The Military Construction, Veterans Affairs, and
                                                                       Related Agencies Appropriations Act, 2021 (division J of Public
                                                                       Law 116–260), except sections 514, 515, and 517.
                                                                            (11) The Department of State, Foreign Operations, and
                                                                       Related Programs Appropriations Act, 2021 (division K of Public
                                                                       Law 116–260), except title IX other than sections 9001 and
                                                                       9002 and the matter preceding the first proviso and the first
                                                                       proviso under the heading ‘‘Consular and Border Security Pro-
                                                                       grams’’.
                                                                            (12) The Transportation, Housing and Urban Development,
                                                                       and Related Agencies Appropriations Act, 2021 (division L of
                                                                       Public Law 116–260), except sections 420 and 421.
                                                                       SEC. 102. (a) No appropriation or funds made available or
                                                                   authority granted pursuant to section 101 for the Department of
                                                                   Defense shall be used for:




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                                                                            (1) the new production of items not funded for production
                                                                       in fiscal year 2021 or prior years;




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                                                                   135 STAT. 346                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                                    (2) the increase in production rates above those sustained
                                                                                               with fiscal year 2021 funds; or
                                                                                                    (3) The initiation, resumption, or continuation of any
                                                                                               project, activity, operation, or organization (defined as any
                                                                                               project, subproject, activity, budget activity, program element,
                                                                                               and subprogram within a program element, and for any invest-
                                                                                               ment items defined as a P–1 line item in a budget activity
                                                                                               within an appropriation account and an R–1 line item that
                                                                                               includes a program element and subprogram element within
                                                                                               an appropriation account) for which appropriations, funds, or
                                                                                               other authority were not available during fiscal year 2021.
                                                                                               (b) No appropriation or funds made available or authority
                                                                                           granted pursuant to section 101 for the Department of Defense
                                                                                           shall be used to initiate multi-year procurements utilizing advance
                                                                                           procurement funding for economic order quantity procurement
                                                                                           unless specifically appropriated later.
                                                                                               SEC. 103. Appropriations made by section 101 shall be available
                                                                                           to the extent and in the manner that would be provided by the
                                                                                           pertinent appropriations Act.
                                                                                               SEC. 104. Except as otherwise provided in section 102, no
                                                                                           appropriation or funds made available or authority granted pursu-
                                                                                           ant to section 101 shall be used to initiate or resume any project
                                                                                           or activity for which appropriations, funds, or other authority were
                                                                                           not available during fiscal year 2021.
                                                                                               SEC. 105. Appropriations made and authority granted pursuant
                                                                                           to this Act shall cover all obligations or expenditures incurred
                                                                                           for any project or activity during the period for which funds or
                                                                                           authority for such project or activity are available under this Act.
                                                                                               SEC. 106. Unless otherwise provided for in this Act or in the
                                                                                           applicable appropriations Act for fiscal year 2022, appropriations
                                                                                           and funds made available and authority granted pursuant to this
                                                                                           Act shall be available until whichever of the following first occurs:
                                                                                                    (1) The enactment into law of an appropriation for any
                                                                                               project or activity provided for in this Act.
                                                                                                    (2) The enactment into law of the applicable appropriations
                                                                                               Act for fiscal year 2022 without any provision for such project
                                                                                               or activity.
                                                                   Expiration date.                 (3) December 3, 2021.
                                                                                               SEC. 107. Expenditures made pursuant to this Act shall be
                                                                                           charged to the applicable appropriation, fund, or authorization
                                                                                           whenever a bill in which such applicable appropriation, fund, or
                                                                                           authorization is contained is enacted into law.
                                                                                               SEC. 108. Appropriations made and funds made available by
                                                                                           or authority granted pursuant to this Act may be used without
                                                                                           regard to the time limitations for submission and approval of appor-
                                                                                           tionments set forth in section 1513 of title 31, United States Code,
                                                                                           but nothing in this Act may be construed to waive any other
                                                                                           provision of law governing the apportionment of funds.
                                                                                               SEC. 109. Notwithstanding any other provision of this Act,
                                                                                           except section 106, for those programs that would otherwise have
                                                                                           high initial rates of operation or complete distribution of appropria-
                                                                                           tions at the beginning of fiscal year 2022 because of distributions
                                                                                           of funding to States, foreign countries, grantees, or others, such
                                                                                           high initial rates of operation or complete distribution shall not




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                                                                                           be made, and no grants shall be awarded for such programs funded
                                                                                           by this Act that would impinge on final funding prerogatives.




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 347

                                                                         SEC. 110. This Act shall be implemented so that only the
                                                                   most limited funding action of that permitted in the Act shall
                                                                   be taken in order to provide for continuation of projects and activi-
                                                                   ties.
                                                                         SEC. 111. (a) For entitlements and other mandatory payments                                     Extensions.
                                                                   whose budget authority was provided in appropriations Acts for
                                                                   fiscal year 2021, and for activities under the Food and Nutrition
                                                                   Act of 2008, activities shall be continued at the rate to maintain
                                                                   program levels under current law, under the authority and condi-
                                                                   tions provided in the applicable appropriations Act for fiscal year
                                                                   2021, to be continued through the date specified in section 106(3).
                                                                         (b) Notwithstanding section 106, obligations for mandatory pay-                                 Deadline.
                                                                   ments due on or about the first day of any month that begins
                                                                   after October 2021 but not later than 30 days after the date specified
                                                                   in section 106(3) may continue to be made, and funds shall be
                                                                   available for such payments.
                                                                         SEC. 112. Amounts made available under section 101 for civilian
                                                                   personnel compensation and benefits in each department and
                                                                   agency may be apportioned up to the rate for operations necessary
                                                                   to avoid furloughs within such department or agency, consistent
                                                                   with the applicable appropriations Act for fiscal year 2021, except
                                                                   that such authority provided under this section shall not be used
                                                                   until after the department or agency has taken all necessary actions
                                                                   to reduce or defer non-personnel-related administrative expenses.
                                                                         SEC. 113. Funds appropriated by this Act may be obligated
                                                                   and expended notwithstanding section 10 of Public Law 91–672
                                                                   (22 U.S.C. 2412), section 15 of the State Department Basic Authori-
                                                                   ties Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Rela-
                                                                   tions Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C.
                                                                   6212), and section 504(a)(1) of the National Security Act of 1947
                                                                   (50 U.S.C. 3094(a)(1)).
                                                                         SEC. 114. (a) Each amount incorporated by reference in this
                                                                   Act that was previously designated by the Congress as an emer-
                                                                   gency requirement pursuant to section 251(b)(2)(A) of the Balanced
                                                                   Budget and Emergency Deficit Control Act of 1985 or as being
                                                                   for disaster relief pursuant to section 251(b)(2)(D) of such Act is
                                                                   designated by the Congress as an emergency requirement pursuant
                                                                   to section 4001 of S. Con. Res. 14 (117th Congress), the concurrent
                                                                   resolution on the budget for fiscal year 2022, or as being for disaster
                                                                   relief pursuant to sections 4004(b)(6) and 4005(f) of such concurrent
                                                                   resolution, respectively.
                                                                         (b) All references to sections 251(b)(2)(B), 251(b)(2)(B)(ii)(III),
                                                                   251(b)(2)(C), 251(b)(2)(C)(ii), 251(b)(2)(E)(ii), 251(b)(2)(E)(i)(II),
                                                                   251(b)(2)(F), and 251(b)(2)(F)(ii)(I) of the Balanced Budget and
                                                                   Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)) shall be
                                                                   treated for each amount incorporated by reference in this Act in
                                                                   the Senate as references to sections 4004(b)(1), 4004(b)(1)(B)(i),
                                                                   4004(b)(3), 4004(b)(3)(B), 4004(b)(4), 4004(b)(4)(B), 4004(b)(5),
                                                                   4004(b)(5)(B), respectively, of S. Con. Res. 14 (117th Congress),
                                                                   the concurrent resolution on the budget for fiscal year 2022, and
                                                                   in the House of Representatives as references to sections 4005(a),
                                                                   4005(a)(2)(A), 4005(c), 4005(c)(2), 4005(d), 4005(d)(2), 4005(e),
                                                                   4005(e)(2)(A), respectively, of such concurrent resolution.
                                                                         (c) This section shall become effective immediately upon enact-                                 Effective date.




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                                                                   ment of this Act, and shall remain in effect through the date
                                                                   in section 106(3).




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                                                                   135 STAT. 348                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                   Rescissions.                 SEC. 115. (a) Rescissions or cancellations of discretionary budget
                                                                   Extensions.             authority that continue pursuant to section 101 in Treasury Appro-
                                                                                           priations Fund Symbols (TAFS)—
                                                                                                     (1) to which other appropriations are not provided by this
                                                                                                Act, but for which there is a current applicable TAFS that
                                                                                                does receive an appropriation in this Act; or
                                                                                                     (2) which are no-year TAFS and receive other appropria-
                                                                                                tions in this Act,
                                                                                           may be continued instead by reducing the rate for operations other-
                                                                                           wise provided by section 101 for such current applicable TAFS,
                                                                                           as long as doing so does not impinge on the final funding preroga-
                                                                                           tives of the Congress.
                                                                                                (b) Rescissions or cancellations described in subsection (a) shall
                                                                                           continue in an amount equal to the lesser of—
                                                                                                     (1) the amount specified for rescission or cancellation in
                                                                                                the applicable appropriations Act referenced in section 101
                                                                                                of this Act; or
                                                                                                     (2) the amount of balances available, as of October 1,
                                                                                                2021, from the funds specified for rescission or cancellation
                                                                                                in the applicable appropriations Act referenced in section 101
                                                                                                of this Act.
                                                                   Deadline.                    (c) No later than November 22, 2021, the Director of the Office
                                                                   List.                   of Management and Budget shall provide to the Committees on
                                                                                           Appropriations of the House of Representatives and the Senate
                                                                                           a comprehensive list of the rescissions or cancellations that will
                                                                   Updates.                continue pursuant to section 101: Provided, That the information
                                                                                           in such comprehensive list shall be periodically updated to reflect
                                                                                           any subsequent changes in the amount of balances available, as
                                                                                           of October 1, 2021, from the funds specified for rescission or can-
                                                                                           cellation in the applicable appropriations Act referenced in section
                                                                                           101, and such updates shall be transmitted to the Committees
                                                                                           on Appropriations of the House of Representatives and the Senate
                                                                                           upon request.
                                                                                                SEC. 116. Amounts made available by section 101 for ‘‘Farm
                                                                                           Service Agency—Agricultural Credit Insurance Fund Program
                                                                                           Account’’ may be apportioned up to the rate for operations necessary
                                                                                           to accommodate approved applications for direct and guaranteed
                                                                                           farm ownership loans, as authorized by 7 U.S.C. 1922 et seq.
                                                                                                SEC. 117. Notwithstanding section 101, amounts are available
                                                                                           to the Department of Agriculture for ‘‘Rural Business—Cooperative
                                                                                           Service—Rural Microentrepreneur Assistance Program’’ for gross
                                                                                           obligations for the principal amount of direct loans as authorized
                                                                                           by section 379E of the Consolidated Farm and Rural Development
                                                                                           Act (7 U.S.C. 2008s) not to exceed $25,000,000.
                                                                   Voucher.                     SEC. 118. (a) In carrying out the Special Supplemental Nutrition
                                                                                           Program for Women, Infants, and Children for the first quarter
                                                                                           of fiscal year 2022, the Secretary of Agriculture shall increase
                                                                                           the amount of a cash-value voucher to an amount recommended
                                                                                           by the National Academies of Science, Engineering and Medicine
                                                                                           and adjusted for inflation for women and children participants.
                                                                   Apportionment.               (b) Amounts made available by section 101 to the Department
                                                                                           of Agriculture for ‘‘Domestic Food Programs-Food and Nutrition
                                                                                           Service-Special Supplemental Nutrition Program for Women,
                                                                                           Infants, and Children (WIC)’’ shall be apportioned at the rate for




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                                                                                           operations necessary to accommodate the increase described in sub-
                                                                                           section (a).




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 349

                                                                        SEC. 119. Notwithstanding sections 102 and 104, in addition
                                                                   to amounts otherwise provided by section 101, amounts are provided
                                                                   to the Department of Defense for ‘‘Procurement—Other Procure-
                                                                   ment, Air Force’’ at a rate for operations of $885,000,000, for the
                                                                   procurement of equipment for the Strategic Microelectronic Supply
                                                                   program, and such amounts may be apportioned up to the rate
                                                                   for operations necessary to carry out such procurements.
                                                                        SEC. 120. Amounts made available by section 101 to the Depart-
                                                                   ment of Defense for ‘‘Procurement—Procurement, Defense-Wide’’
                                                                   may be apportioned up to the rate for operations necessary for
                                                                   the procurement of Military Global Positioning System User Equip-
                                                                   ment Increment 1 Application Specific Integrated Circuits.
                                                                        SEC. 121. Notwithstanding sections 102 and 104, amounts made
                                                                   available by section 101 to the Department of Defense for ‘‘Research,
                                                                   Development, Test and Evaluation—Research, Development, Test
                                                                   and Evaluation, Air Force’’ may be apportioned up to the rate
                                                                   of operations necessary for the acquisition of real property by the
                                                                   United States Government.
                                                                        SEC. 122. During the period covered by this Act, the limitation
                                                                   at section 2208(l)(3) of title 10, United States Code, shall not apply
                                                                   with respect to advance billing for orders for relief efforts related
                                                                   to the COVID–19 pandemic.
                                                                        SEC. 123. (a) Funding provided in prior Acts making appropria-                                   Recommenda-
                                                                   tions for energy and water development and related agencies for                                       tions.
                                                                   fiscal years 2019, 2020, and 2021 under the heading ‘‘Department
                                                                   of the Interior—Bureau of Reclamation—Water and Related
                                                                   Resources’’ for carrying out section 4007 of Public Law 114–322
                                                                   shall be made available, in accordance with that section and as
                                                                   recommended by the Secretary in a letter dated July 23, 2021,
                                                                   for the construction, pre-construction, or study of the North-of-
                                                                   the-Delta Off Stream Storage (Sites Reservoir Project), the Los
                                                                   Vaqueros Reservoir Phase 2 Expansion Project, the B.F. Sisk Dam
                                                                   Raise and Reservoir Expansion Project, and the Del Puerto Canyon
                                                                   Reservoir.
                                                                        (b) Funding provided in the Energy and Water Development
                                                                   and Related Agencies Appropriations Act, 2021 under the heading
                                                                   ‘‘Department of the Interior—Bureau of Reclamation—Water and
                                                                   Related Resources’’ for carrying out section 4009(a) of Public Law
                                                                   114–322 shall be made available, in accordance with that section
                                                                   and as recommended by the Secretary in a letter dated July 23,
                                                                   2021, for the North Pleasant Valley Desalter Facility, the Mission
                                                                   Basin Groundwater Purification Facility Well Expansion and Brine
                                                                   Minimization Project, the Los Robles Desalter Project, and the
                                                                   Regional Brackish Water Reclamation Program.
                                                                        (c) Funding provided in the Energy and Water Development
                                                                   and Related Agencies Appropriations Act, 2021 under the heading
                                                                   ‘‘Department of the Interior—Bureau of Reclamation—Water and
                                                                   Related Resources’’ for carrying out section 4009(c) of Public Law
                                                                   114–322 shall be made available, in accordance with that section
                                                                   and as recommended by the Secretary in a letter dated July 23,
                                                                   2021, for the El Paso Aquifer Storage and Recovery Using Reclaimed
                                                                   Water Project, the Pure Water Soquel: Groundwater Replenishment
                                                                   and Seawater Intrusion Prevention Project, the North San Diego
                                                                   Water Reuse Coalition Project, the Pure Water Oceanside Project,




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                                                                   the City of Santa Fe Reuse Pipeline Project, the Replenish Big
                                                                   Bear Project, the Central Coast Blue: Recycled Water Project, the




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                                                                   135 STAT. 350                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                           Harvest Water Program, the East County Advanced Water Purifi-
                                                                                           cation Program: Phase Two, the Ventura Water Pure Program,
                                                                                           and the San Juan Watershed Project.
                                                                   Applicability.                SEC. 124. (a) During the period covered by this Act, title I
                                                                                           of Public Law 108–361 (the Calfed Bay-Delta Authorization Act)
                                                                                           (118 Stat. 1681), as amended by section 4007(k) of Public Law
                                                                                           114–322, shall be applied by substituting ‘‘2022’’ for ‘‘2021’’ each
                                                                                           place it appears.
                                                                                                 (b) During the period covered by this Act, section 9106(g)(2)
                                                                                           of Public Law 111–11 (Omnibus Public Land Management Act
                                                                                           of 2009) shall be applied by substituting ‘‘2022’’ for ‘‘2021’’.
                                                                                                 (c) During the period covered by this Act, section 104(c) of
                                                                                           the Reclamation States Emergency Drought Relief Act of 1991
                                                                                           (43 U.S.C. 2214(c)) shall be applied by substituting ‘‘2022’’ for
                                                                                           ‘‘2021’’.
                                                                                                 (d) During the period covered by this Act, section 301 of the
                                                                                           Reclamation States Emergency Drought Relief Act of 1991 (43
                                                                                           U.S.C. 2241) shall be applied by substituting ‘‘2022’’ for ‘‘2021’’.
                                                                   Applicability.                SEC. 125. (a) Notwithstanding section 101, section 506 of divi-
                                                                                           sion D of Public Law 116–260 shall be applied by substituting
                                                                                           ‘‘$841,000,000’’ for ‘‘$291,000,000’’.
                                                                                                 (b) Amounts provided by this Act for ‘‘Department of Energy—
                                                                                           Energy Programs—Uranium Enrichment Decontamination and
                                                                                           Decommissioning Fund’’ may be apportioned up to the rate for
                                                                                           operations necessary to avoid disruption of continuing projects or
                                                                                           activities funded in this appropriation.
                                                                   Notification.                 (c) The Secretary of Energy shall notify the Committees on
                                                                   Deadline.               Appropriations of the House of Representatives and the Senate
                                                                                           not later than 3 days after each use of the authority provided
                                                                                           in subsection (b).
                                                                                                 SEC. 126. Notwithstanding section 101, amounts are provided
                                                                                           for ‘‘Executive Office of the President and Funds Appropriated
                                                                                           to the President—The White House—Salaries and Expenses’’ at
                                                                                           a rate for operations of $60,000,000.
                                                                                                 SEC. 127. Notwithstanding section 101, amounts are provided
                                                                                           for ‘‘General Services Administration—Allowances and Office Staff
                                                                                           for Former Presidents’’ at a rate for operations of $5,000,000.
                                                                   Apportionment.                SEC. 128. Amounts made available by section 101 for ‘‘Small
                                                                                           Business Administration—Business Loans Program Account’’ may
                                                                                           be apportioned up to the rate for operations necessary to accommo-
                                                                                           date increased demand for commitments for general business loans
                                                                                           authorized under paragraphs (1) through (35) of section 7(a) of
                                                                                           the Small Business Act (15 U.S.C. 636(a)), for guarantees of trust
                                                                                           certificates authorized by section 5(g) of the Small Business Act
                                                                                           (15 U.S.C. 634(g)), for commitments to guarantee loans under sec-
                                                                                           tion 503 of the Small Business Investment Act of 1958 (15 U.S.C.
                                                                                           697), and for commitments to guarantee loans for debentures under
                                                                                           section 303(b) of the Small Business Investment Act of 1958 (15
                                                                                           U.S.C. 683(b)).
                                                                   Applicability.                SEC. 129. Notwithstanding section 101, amounts are provided
                                                                                           for ‘‘District of Columbia—Federal Funds—Federal Payment to the
                                                                                           Court Services and Offender Supervision Agency for the District
                                                                                           of Columbia’’ at a rate for operations of $249,754,000: Provided,
                                                                                           That the second proviso under such heading in title IV of division




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                                                                                           E of Public Law 116–260 shall be applied by substituting
                                                                                           ‘‘$70,574,000’’ for ‘‘$66,743,000’’.




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 351

                                                                         SEC. 130. Notwithstanding any other provision of this Act,
                                                                   except section 106, the District of Columbia may expend local funds
                                                                   made available under the heading ‘‘District of Columbia—District
                                                                   of Columbia Funds’’ for such programs and activities under the
                                                                   District of Columbia Appropriations Act, 2021 (title IV of division
                                                                   E of Public Law 116–260) at the rate set forth in the Fiscal Year
                                                                   2022 Local Budget Act of 2021 (D.C. Act 24–173), as modified
                                                                   as of the date of enactment of this Act.
                                                                         SEC. 131. Section 330(e)(3) of title 11, United States Code,
                                                                   is amended by striking ‘‘in that fiscal year’’ at the end of the
                                                                   paragraph.
                                                                         SEC. 132. In addition to amounts otherwise provided by section
                                                                   101, an amount is provided to the Department of Homeland Security
                                                                   for ‘‘U.S. Citizenship and Immigration Services—Operations and
                                                                   Support’’ for application processing, the reduction of backlogs within
                                                                   asylum, field, and service center offices, and support of the refugee
                                                                   program at a rate for operations of $250,000,000: Provided, That
                                                                   such amounts shall be in addition to any other funds made available
                                                                   for such purposes, and shall not be construed to require any reduc-
                                                                   tion of any fee described in section 286(m) of the Immigration
                                                                   and Nationality Act (8 U.S.C. 1356(m)): Provided further, That                                        Expenditure
                                                                   prior to the obligation of such resources, U.S. Citizenship and                                       plan.
                                                                                                                                                                         Reports.
                                                                   Immigration Services shall provide to the Committees on Appropria-
                                                                   tions of the Senate and the House of Representatives an expenditure
                                                                   plan that identifies backlog reduction metrics and quarterly reports
                                                                   on the execution of such plan.
                                                                         SEC. 133. Amounts made available by section 101 to the Depart-                                  Apportionment.
                                                                   ment of Homeland Security under the heading ‘‘Federal Emergency
                                                                   Management Agency—Disaster Relief Fund’’ may be apportioned
                                                                   up to the rate for operations necessary to carry out response and
                                                                   recovery activities under the Robert T. Stafford Disaster Relief
                                                                   and Emergency Assistance Act (42 U.S.C. 5121 et seq.).
                                                                         SEC. 134. (a) Sections 1309(a) and 1319 of the National Flood                                   Applicability.
                                                                   Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied
                                                                   by substituting the date specified in section 106(3) of this Act
                                                                   for ‘‘September 30, 2021’’.
                                                                         (b) If this Act is enacted after September 30, 2021, this section                               Effective date.
                                                                   shall be applied as if it were in effect on September 30, 2021.
                                                                         SEC. 135. Amounts made available by section 101 for ‘‘Depart-
                                                                   ment of the Interior—National Park Service—National Recreation
                                                                   and Preservation’’ for heritage partnership programs may be used
                                                                   to provide financial assistance to any national heritage area,
                                                                   national heritage corridor, cultural heritage corridor, national herit-
                                                                   age partnership, national heritage route, national heritage
                                                                   canalway, and battlefields national historic district established as
                                                                   of September 1, 2021, notwithstanding any statutory sunset provi-
                                                                   sion terminating the Secretary’s authority to provide assistance
                                                                   to any such area and notwithstanding any limitation on amounts
                                                                   authorized to be appropriated with respect to any such area: Pro-
                                                                   vided, That the Commission sunset provision in section 804(j) of                                      Applicability.
                                                                   division B of H.R. 5666 (Appendix D), as amended, as enacted
                                                                   into law by section 1(a)(4) of Public Law 106– 554, shall be applied
                                                                   by substituting the date specified in section 106(3) of this Act
                                                                   for ‘‘September 30, 2021’’: Provided further, That the authority                                      Extension.




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                                                                   in section 295D of Public Law 109–338, as amended, shall continue
                                                                   in effect through the date specified in section 106(3) of this Act.




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                                                                   135 STAT. 352                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                   Allocations.                  SEC. 136. Notwithstanding subsection (c)(2)(B) of section 200303
                                                                                           of title 54, United States Codes, during the period covered by
                                                                                           this Act amounts made available from the Land and Water Con-
                                                                                           servation Fund for fiscal year 2022 pursuant to subsection (a)
                                                                                           of such section of such title shall be allocated by the Secretary
                                                                                           of the Interior or the Secretary of Agriculture, as appropriate,
                                                                                           only for the following agencies and accounts, for the purposes speci-
                                                                                           fied, and in the amounts specified multiplied by the percentage
                                                                                           of fiscal year 2022 covered by this Act:
                                                                                                      (1) ‘‘Department of the Interior—Bureau of Land Manage-
                                                                                                 ment—Land Acquisition’’, $7,500,000, for Acquisition Manage-
                                                                                                 ment;
                                                                                                      (2) ‘‘Department of the Interior—United States Fish and
                                                                                                 Wildlife Service—Land Acquisition’’, $17,000,000, for Land
                                                                                                 Acquisition Management;
                                                                                                      (3) ‘‘Department of the Interior—National Park Service—
                                                                                                 Land Acquisition and State Assistance’’, $14,500,000, for
                                                                                                 Acquisition Management;
                                                                                                      (4) ‘‘Department of the Interior—Office of the Secretary—
                                                                                                 Departmental Operations’’, $19,000,000, for Management Serv-
                                                                                                 ices, Appraisal and Valuation Service Offices-Federal Lands;
                                                                                                      (5) ‘‘Department of Agriculture—Forest Service—State and
                                                                                                 Private Forestry’’, $6,400,000, for Administrative Funds; and
                                                                                                      (6) ‘‘Department of Agriculture—Forest Service—Land
                                                                                                 Acquisition’’, $12,000,000, for Acquisition Management.
                                                                   Apportionments.               SEC. 137. (a) In addition to amounts provided by section 101,
                                                                                           amounts are provided for ‘‘Department of Health and Human Serv-
                                                                                           ices—Indian Health Service—Indian Health Services’’ at a rate
                                                                                           for operations of $22,080,000, for an additional amount for costs
                                                                                           of staffing and operating facilities that were opened, renovated,
                                                                                           or expanded in fiscal years 2021 and 2022, and such amounts
                                                                                           may be apportioned up to the rate for operations necessary to
                                                                                           staff and operate such facilities.
                                                                                                 (b) In addition to amounts provided by section 101, amounts
                                                                                           are provided for ‘‘Department of Health and Human Services—
                                                                                           Indian Health Service—Indian Health Facilities’’ at a rate for oper-
                                                                                           ations of $2,261,000, for an additional amount for costs of staffing
                                                                                           and operating facilities that were opened, renovated, or expanded
                                                                                           in fiscal years 2021 and 2022, and such amounts may be apportioned
                                                                                           up to the rate for operations necessary to staff and operate such
                                                                                           facilities.
                                                                                                 SEC. 138. In addition to amounts otherwise provided by section
                                                                                           101, for ‘‘Department of Health and Human Services—Centers for
                                                                                           Disease Control and Prevention—Environmental Health’’, there is
                                                                                           appropriated $1,500,000, for an additional amount for fiscal year
                                                                                           2022, to remain available until September 30, 2022, for the Vessel
                                                                                           Sanitation Program.
                                                                   Time periods.                 SEC. 139. (a) Funds made available in Public Law 114–113
                                                                   Determination.          to the accounts of the National Institutes of Health that were
                                                                                           available for obligation through fiscal year 2016 and were obligated
                                                                                           for multi-year research grants shall be available through fiscal
                                                                                           year 2022 for the liquidation of valid obligations incurred in fiscal
                                                                                           year 2016 if the Director of the National Institutes of Health deter-
                                                                                           mines the project suffered an interruption of activities attributable
                                                                                           to COVID–19.




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                                                                   Effective dates.              (b)(1) Subject to paragraph (2), this section shall become effec-
                                                                                           tive immediately upon enactment of this Act.




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 353

                                                                             (2) If this Act is enacted after September 30, 2021, this                                   Applicability.
                                                                        section shall be applied as if it were in effect on September
                                                                        30, 2021.
                                                                        SEC. 140. In addition to amounts provided by section 101,                                        Apportionment.
                                                                   amounts are provided for ‘‘Department of Health and Human Serv-
                                                                   ices—Substance Abuse and Mental Health Services Administra-
                                                                   tion—Mental Health’’ at a rate for operations of $77,621,000 for
                                                                   an additional amount for carrying out section 520E–3 of the Public
                                                                   Health Service Act (42 U.S.C. 290bb–36c), and such amounts may
                                                                   be apportioned up to the rate for operations necessary to operate
                                                                   and maintain the National Suicide Prevention Lifeline program.
                                                                        SEC. 141. In addition to amounts otherwise provided by this                                      Reports.
                                                                   Act, for ‘‘Department of Health and Human Services—Administra-
                                                                   tion for Children and Families—Refugee and Entrant Assistance’’,
                                                                   there is appropriated $2,500,000,000, for an additional amount for
                                                                   fiscal year 2022, to remain available until September 30, 2024,
                                                                   to carry out section 462 of the Homeland Security Act of 2002
                                                                   and section 235 of the William Wilberforce Trafficking Victims
                                                                   Protection Reauthorization Act of 2008: Provided, That not later                                      Deadline.
                                                                   than November 1, 2021, the Secretary of Health and Human Serv-                                        Plan.
                                                                   ices shall submit to the Committees on Appropriations of the House                                    Timeline.
                                                                   of Representatives and the Senate a report detailing steps taken
                                                                   and planned to be taken by the Department to phase out the
                                                                   use of emergency intake sites and a detailed plan for ending the
                                                                   use of emergency intake sites, including a timeline of major mile-
                                                                   stones and projections for delivered online bed capacity by facility
                                                                   type: Provided further, That such report shall include an aligned
                                                                   spend plan for estimated fiscal year 2022 obligations by major
                                                                   category: Provided further, That the Secretary shall submit monthly
                                                                   reports during fiscal year 2022 to the Committees on Appropriations
                                                                   on all obligations and expenditures incurred by the Department
                                                                   for carrying out such sections 462 and 235: Provided further, That
                                                                   such amount is designated by the Congress as being for an emer-
                                                                   gency requirement pursuant to section 4001(a)(1) and section
                                                                   4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolu-
                                                                   tion on the budget for fiscal year 2022.
                                                                        SEC. 142. Amounts made available by section 101 for ‘‘Depart-                                    Apportionment.
                                                                   ment of Health and Human Services—Administration for Children
                                                                   and Families—Refugee and Entrant Assistance’’ may be apportioned
                                                                   up to the rate for operations necessary to carry out section 462
                                                                   of the Homeland Security Act of 2002 and section 235 of the
                                                                   William Wilberforce Trafficking Victims Protection Reauthorization
                                                                   Act of 2008, and up to the rate for operations necessary for activities
                                                                   authorized by section 414 of the Immigration and Nationality Act
                                                                   and section 501 of the Refugee Education Assistance Act of 1980.
                                                                        SEC. 143. Not later than 90 days after the date of enactment                                     Time period.
                                                                   of this Act, and every 90 days thereafter through fiscal year 2022,                                   Reports.
                                                                   the Secretary of Health and Human Services shall provide a report                                     Refugees.
                                                                   to the Committees on Appropriations of the House of Representa-
                                                                   tives and the Senate on (1) the total number of children that
                                                                   the Office of Refugee Resettlement has released to sponsors living
                                                                   in the United States, disaggregated by State, and (2) the number
                                                                   of children that the Office of Refugee Resettlement has released
                                                                   to sponsors living in the United States for whom the Office of
                                                                   Refugee Resettlement has successfully conducted safety and welfare




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                                                                   checks, and provided post-release services as appropriate, for the
                                                                   most recent quarter such data are available.




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                                                                   135 STAT. 354                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                   Reports.                     SEC. 144. Not later than 10 days after the date of enactment
                                                                   Public                  of this Act, the Secretary of Health and Human Services shall
                                                                   information.
                                                                   Web posting.            provide a report to the Committees on Appropriations of the House
                                                                                           of Representatives and the Senate, and disclose on a publicly avail-
                                                                                           able website, on all transfers made for carrying out section 462
                                                                                           of the Homeland Security Act of 2002 or section 235 of the William
                                                                                           Wilberforce Trafficking Victims Protection Reauthorization Act of
                                                                   List.                   2008 during fiscal year 2021. This report shall include: (1) a list
                                                                   Refugees.               of the source of funds transferred by public law;(2) the program,
                                                                                           project, or activity funds were transferred from and the cor-
                                                                                           responding amount that was transferred;(3) date of transfer;(4)
                                                                                           the number of children referred to the Office of Refugee Resettle-
                                                                                           ment (ORR) by month for fiscal year 2021; and(5) the age distribu-
                                                                                           tion of the children referred to ORR by month for fiscal year
                                                                   Updates.                2021: Provided, That the report shall be updated every 30 days
                                                                   Deadline.               throughout fiscal year 2022.
                                                                   Time period.
                                                                   Applicability.               SEC. 145. During the period covered by this Act, for services
                                                                                           furnished under the Community Services Block Grant Act (‘‘CSBG
                                                                                           Act’’) with funds made available by this Act, by the Consolidated
                                                                                           Appropriations Act, 2021 (Public Law 116–260), or by the
                                                                                           Coronavirus Aid, Relief, and Economic Security Act (Public Law
                                                                                           116–136), States may apply the last sentence of section 673(2)
                                                                                           of the CSBG Act by substituting ‘‘200 percent’’ for ‘‘125 percent’’.
                                                                   Applicability.               SEC. 146. For purposes of annual leave accumulated in fiscal
                                                                                           year 2021, the authority provided in section 2106 of division C
                                                                                           of Public Law 116–159 shall apply to such leave by substituting
                                                                                           ‘‘2021’’ for ‘‘2020’’ in subsections (a) and (d).
                                                                                                SEC. 147. Activities authorized by part A of title IV (other
                                                                                           than under section 403(c) or 418) and section 1108(b) of the Social
                                                                                           Security Act shall continue through the date specified in section
                                                                                           106(3), in the manner authorized for fiscal year 2021, and out
                                                                                           of any money in the Treasury of the United States not otherwise
                                                                                           appropriated, there are hereby appropriated such sums as may
                                                                                           be necessary for such purpose.
                                                                   Applicability.               SEC. 148. Section 114(f) of the Higher Education Act of 1965
                                                                                           (20 U.S.C. 1011c(f)) shall be applied by substituting the date speci-
                                                                                           fied in section 106(3) of this Act for ‘‘September 30, 2021’’.
                                                                   Applicability.               SEC. 149. Section 458(a)(4) of the Higher Education Act of
                                                                                           1965 (20 U.S.C. 1087h(a)(4)) shall be applied through the date
                                                                                           specified in section 106(3) of this Act by substituting ‘‘2022’’ for
                                                                                           ‘‘2021’’.
                                                                   Applicability.               SEC. 150. Notwithstanding section 101, section 116 of division
                                                                                           J of Public Law 116–260 shall be applied during the period covered
                                                                                           by this Act by substituting ‘‘fifth fiscal year’’ for ‘‘fourth fiscal
                                                                                           year’’.
                                                                                                SEC. 151. During the period covered by this Act, the Secretary
                                                                                           of Veterans Affairs may transfer up to $193,500,000 of the unobli-
                                                                                           gated balances from amounts made available for fiscal year 2021
                                                                                           under the heading ‘‘Veterans Health Administration—Medical Serv-
                                                                                           ices’’ in title II of division F of the Further Consolidated Appropria-
                                                                                           tions Act, 2020 (Public Law 116–94), or in section 8002 of title
                                                                                           VIII of the American Rescue Plan Act of 2021 (Public Law 117–
                                                                                           2) to the following accounts of the Department in the amounts
                                                                                           specified:
                                                                                                      (1) ‘‘Veterans Benefits Administration—General Operating




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                                                                                                Expenses, Veterans Benefits Administration’’, up to
                                                                                                $178,000,000;




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 355

                                                                             (2) ‘‘Departmental Administration—Board of Veterans
                                                                        Appeals’’, up to $5,800,000; and
                                                                             (3) ‘‘Departmental Administration—Information Tech-
                                                                        nology Systems’’, up to $9,700,000:
                                                                   Provided, That the transferred amounts shall be used, in addition
                                                                   to any other amounts available for such purposes, for personnel
                                                                   costs and other expenses to implement the interim final rule entitled
                                                                   ‘‘Presumptive Service Connection for Respiratory Conditions Due
                                                                   to Exposure to Particulate Matter’’, published on August 5, 2021
                                                                   (86 FR 42724), and any revisions to such rule.
                                                                        SEC. 152. Amounts made available by section 101 to United                                        Apportionment.
                                                                   States Government-funded entities for ‘‘Related Agency—United
                                                                   States Agency for Global Media—International Broadcasting Oper-
                                                                   ations’’, ‘‘Related Programs—The Asia Foundation’’, ‘‘Related Pro-
                                                                   grams—United States Institute of Peace’’, and ‘‘Related Programs—
                                                                   National Endowment for Democracy’’ may be apportioned up to
                                                                   the rate for operations necessary to support the evacuation of
                                                                   Afghan journalists and other Afghan employees of such entities,
                                                                   following consultation with the Committees on Appropriations.
                                                                        SEC. 153. Section 21009 of the Coronavirus Aid, Relief, and                                      Extension.
                                                                   Economic Security Act (Public Law 116–136) shall continue in effect
                                                                   through the date specified in section 106(3) of this Act.
                                                                        SEC. 154. Amounts made available by section 101 to the United
                                                                   States International Development Finance Corporation for ‘‘Cor-
                                                                   porate Capital Account’’ and paid to the ‘‘Program Account’’ shall
                                                                   be available for the costs of modifying loans and loan guarantees
                                                                   transferred to the Corporation pursuant to section 1463 of the
                                                                   BUILD Act of 2018 (division F of Public Law 115–254): Provided,
                                                                   That such costs shall be as defined in section 502 of the Congres-
                                                                   sional Budget Act of 1974.
                                                                        SEC. 155. Section 1334 of the Foreign Affairs Reform and                                         Applicabilty.
                                                                   Restructuring Act of 1998 (22 U.S.C. 6553) shall be applied by
                                                                   substituting the date specified in section 106(3) of this Act for
                                                                   ‘‘October 1, 2021’’.
                                                                        SEC. 156. Notwithstanding section 101, amounts are provided                                      Apportionment.
                                                                   for ‘‘Department of Transportation—Office of the Secretary—Pay-
                                                                   ments to Air Carriers’’ at a rate for operations of $247,700,000,
                                                                   and such amounts may be apportioned up to the rate for operations
                                                                   necessary to maintain Essential Air Service program operations.
                                                                        SEC. 157. Amounts made available by section 101 to the Depart-                                   Apportionment.
                                                                   ment of Housing and Urban Development in the third paragraph
                                                                   under the heading ‘‘Public and Indian Housing—Native American
                                                                   Programs’’ may be apportioned up to the rate for operations nec-
                                                                   essary to accommodate demand for guaranteed notes and other
                                                                   obligations as authorized by title VI of the Native American Housing
                                                                   Assistance and Self-Determination Act of 1996.
                                                                        This division may be cited as the ‘‘Continuing Appropriations
                                                                   Act, 2022’’.

                                                                           DIVISION B—DISASTER RELIEF SUPPLEMENTAL                                                       Disaster Relief
                                                                                    APPROPRIATIONS ACT, 2022                                                             Supplemental
                                                                                                                                                                         Appropriations
                                                                       The following sums are appropriated, out of any money in                                          Act, 2022.




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                                                                   the Treasury not otherwise appropriated, for the fiscal year ending
                                                                   September 30, 2022, and for other purposes, namely:




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                                                                   135 STAT. 356                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                                                                       TITLE I

                                                                                                                  DEPARTMENT OF AGRICULTURE

                                                                                                                        AGRICULTURAL PROGRAMS

                                                                                                               PROCESSING, RESEARCH AND MARKETING

                                                                                                                          OFFICE OF THE SECRETARY

                                                                   Determination.               For an additional amount for the ‘‘Office of the Secretary’’,
                                                                                           $10,000,000,000, which shall remain available until December 31,
                                                                                           2023, for necessary expenses related to losses of crops (including
                                                                                           milk, on-farm stored commodities, crops prevented from planting
                                                                                           in 2020 and 2021, and harvested adulterated wine grapes), trees,
                                                                                           bushes, and vines, as a consequence of droughts, wildfires, hurri-
                                                                                           canes, floods, derechos, excessive heat, winter storms, freeze,
                                                                                           including a polar vortex, smoke exposure, quality losses of crops,
                                                                                           and excessive moisture occurring in calendar years 2020 and 2021
                                                                                           under such terms and conditions as determined by the Secretary:
                                                                   Grapes.                 Provided, That, with respect to smoke tainted wine grapes, the
                                                                   Determination.          loss (including a quality loss) of such crop during the coverage
                                                                                           period due to wildfire, as determined by the Secretary, is considered
                                                                   Eligibility.            a qualified loss: Provided further, That losses due to drought shall
                                                                                           only be eligible under this heading in this Act if any area within
                                                                                           the county in which the loss occurs was rated by the U.S. Drought
                                                                                           Monitor as having a D2 (Severe Drought) for eight consecutive
                                                                                           weeks or a D3 (Extreme Drought) or higher level of drought inten-
                                                                   Determination.          sity during the applicable calendar years: Provided further, That
                                                                                           of the amounts provided under this heading in this Act, the Sec-
                                                                                           retary shall use $750,000,000 to provide assistance to producers
                                                                                           of livestock, as determined by the Secretary of Agriculture, for
                                                                                           losses incurred during calendar year 2021 due to drought or
                                                                   Payments.               wildfires: Provided further, That at the election of a processor
                                                                   Determination.          eligible for a loan under section 156 of the Federal Agriculture
                                                                                           Improvement and Reform Act of 1996 (7 U.S.C. 7272) or a coopera-
                                                                                           tive processor of dairy, the Secretary shall make payments for
                                                                                           losses in 2021 to such processors (to be paid to producer members,
                                                                                           as determined by such processors) in lieu of payments to producers
                                                                                           and under the same terms and conditions as payments made to
                                                                                           processors pursuant to title I of the Additional Supplemental Appro-
                                                                                           priations for Disaster Relief Act, 2019 (Public Law 116–20) under
                                                                                           the heading ‘‘Department of Agriculture—Agricultural Programs—
                                                                                           Processing, Research and Marketing—Office of the Secretary’’, as
                                                                                           last amended by section 791(c) of title VII of division B of the
                                                                                           Further Consolidated Appropriations Act, 2020 (Public Law 116–
                                                                   Payments.               94): Provided further, That notwithstanding section 760.1503(j) of
                                                                                           title 7 of the Code of Federal Regulations, in the event that a
                                                                                           processor described in the preceding proviso does not elect to receive
                                                                                           payments under such clause, the Secretary shall make direct pay-
                                                                                           ments to producers under this heading in this Act: Provided further,
                                                                                           That of the amounts provided under this heading in this Act,
                                                                                           not more than one percent of the funds provided herein may be
                                                                                           used for administrative costs, including for streamlining the applica-
                                                                                           tion process and easing the burden on county office employees,




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                                                                                           to carry out the matter under this heading in this Act: Provided
                                                                                           further, That, except as otherwise provided under this heading




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 357

                                                                   in this Act, the Secretary shall impose payment limitations con-
                                                                   sistent with section 760.1507 of title 7, Code of Federal Regulations
                                                                   (as in effect on the date of enactment of this Act): Provided further,
                                                                   That, in the case of specialty crops or high value crops, as deter-                                   Determination.
                                                                   mined by the Secretary, the Secretary shall impose payment limita-
                                                                   tions consistent with section 760.1507(a)(2) of title 7, Code of Fed-
                                                                   eral Regulations (as in effect on January 1, 2019): Provided further,
                                                                   That, with respect to the payment limitations described under this                                    Applicability.
                                                                   heading in this Act, the Secretary shall apply separate payment
                                                                   limits for each of 2020 and 2021: Provided further, That the total                                    Determination.
                                                                   amount of payments received under this heading in this Act and
                                                                   applicable policies of crop insurance under the Federal Crop Insur-
                                                                   ance Act (7 U.S.C. 1501 et seq.) or the Noninsured Crop Disaster
                                                                   Assistance Program (NAP) under section 196 of the Federal Agri-
                                                                   culture Improvement and Reform Act of 1996 (7 U.S.C. 7333) (minus
                                                                   any premiums or fees paid for such coverages) shall not exceed
                                                                   90 percent of the loss as determined by the Secretary: Provided
                                                                   further, That the total amount of payments received under this                                        Determination.
                                                                   heading in this Act for producers who did not obtain a policy
                                                                   or plan of insurance for an insurable commodity for the applicable
                                                                   crop year under the Federal Crop Insurance Act (7 U.S.C. 1501
                                                                   et seq.) for the crop incurring the losses or did not file the required
                                                                   paperwork and pay the service fee by the applicable State filing
                                                                   deadline for a noninsurable commodity for the applicable crop year
                                                                   under NAP for the crop incurring the losses shall not exceed 70
                                                                   percent of the loss as determined by the Secretary: Provided further,
                                                                   That producers receiving payments under this heading in this Act,                                     Determinations.
                                                                   as determined by the Secretary, shall be required to purchase                                         Requirement.
                                                                   crop insurance where crop insurance is available for the next two                                     Time period.
                                                                   available crop years and producers receiving payments under this
                                                                   heading in this Act shall be required to purchase coverage under
                                                                   NAP where crop insurance is not available in the next two available
                                                                   crop years, as determined by the Secretary: Provided further, That                                    Reports.
                                                                   not later than 120 days after the end of fiscal year 2021, the
                                                                   Secretary shall submit a report to the Congress specifying the
                                                                   type, amount, and method of such assistance by state and territory.

                                                                         FARM PRODUCTION AND CONSERVATION PROGRAMS

                                                                                     NATURAL RESOURCES CONSERVATION SERVICE

                                                                                    WATERSHED AND FLOOD PREVENTION OPERATIONS

                                                                        For an additional amount for ‘‘Watershed and Flood Prevention
                                                                   Operations’’ for necessary expenses for the Emergency Watershed
                                                                   Protection Program, $275,000,000, to remain available until
                                                                   expended, which shall be in addition to amounts otherwise available
                                                                   for such purposes.




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                                                                   135 STAT. 358                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                                                                       TITLE II

                                                                                                                    DEPARTMENT OF COMMERCE

                                                                                                     NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

                                                                                                       SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

                                                                                               For an additional amount for ‘‘Scientific and Technical Research
                                                                                           and Services’’ for necessary expenses to carry out investigations
                                                                                           of building failures pursuant to the National Construction Safety
                                                                                           Team Act of 2002 (15 U.S.C. 7301), $22,000,000, to remain available
                                                                                           until September 30, 2023.

                                                                                                    NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION

                                                                                                                OPERATIONS, RESEARCH, AND FACILITIES

                                                                                                 For an additional amount for ‘‘Operations, Research, and Facili-
                                                                                           ties’’ for necessary expenses related to the consequences of hurri-
                                                                                           canes and of wildfires in calendar years 2020 and 2021, $92,834,000,
                                                                                           to remain available until September 30, 2023, as follows:
                                                                                                     (1) $4,709,000 for repair and replacement of observing
                                                                                                 assets, real property, and equipment;
                                                                                                     (2) $3,425,000 for marine debris assessment and removal;
                                                                                                     (3) $4,700,000 for mapping, charting, and geodesy services;
                                                                                                     (4) $35,000,000 to improve: (A) hurricane intensity and
                                                                                                 track forecasting, including through deployment of unmanned
                                                                                                 ocean observing platforms and enhanced data assimilation;
                                                                                                 and(B) precipitation and flood prediction, forecasting, and miti-
                                                                                                 gation capabilities;
                                                                                                     (5) $20,000,000 to improve wildfire research, prediction,
                                                                                                 detection, forecasting, monitoring, data management, and
                                                                                                 communication and engagement; and
                                                                                                     (6) $25,000,000 for Title IX Fund grants as authorized
                                                                                                 under section 906(c) of division O of Public Law 114–113:
                                                                   Spending plan.          Provided, That the National Oceanic and Atmospheric Administra-
                                                                   Deadline.               tion shall submit a spending plan to the Committees on Appropria-
                                                                                           tions of the House of Representatives and the Senate within 45
                                                                                           days after the date of enactment of this Act.

                                                                                                            PROCUREMENT, ACQUISITION AND CONSTRUCTION

                                                                                               For an additional amount for ‘‘Procurement, Acquisition and
                                                                                           Construction’’ for necessary expenses related to the consequences
                                                                                           of hurricanes and of wildfires in calendar years 2020 and 2021,
                                                                                           $52,205,000, to remain available until September 30, 2024, as fol-
                                                                                           lows:
                                                                                                    (1) $2,205,000 for repair and replacement of observing
                                                                                               assets, real property, and equipment; and
                                                                                                    (2) $50,000,000 for improvements to operational and
                                                                                               research weather and climate supercomputing and dissemina-
                                                                                               tion infrastructure, observing assets, and satellites, along with
                                                                                               associated ground systems, used for hurricane intensity and
                                                                                               track prediction; precipitation and flood prediction, forecasting,




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                                                                                               and mitigation; and wildfire research, prediction, detection,
                                                                                               forecasting, and monitoring:




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 359

                                                                   Provided, That the National Oceanic and Atmospheric Administra-                                       Spending plan.
                                                                   tion shall submit a spending plan to the Committees on Appropria-                                     Deadline.
                                                                   tions of the House of Representatives and the Senate within 45
                                                                   days after the date of enactment of this Act.
                                                                                                 FISHERIES DISASTER ASSISTANCE

                                                                       For an additional amount for ‘‘Fisheries Disaster Assistance’’
                                                                   for necessary expenses associated with the mitigation of fishery
                                                                   disasters, $200,000,000, to remain available until expended: Pro-
                                                                   vided, That such funds shall be used for mitigating the effects
                                                                   of commercial fishery failures and fishery resource disasters
                                                                   declared by the Secretary of Commerce, including those declared
                                                                   by the Secretary to be a direct result of hurricanes in calendar
                                                                   years 2020 and 2021.
                                                                                                               SCIENCE
                                                                               NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
                                                                    CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION

                                                                                                 (INCLUDING TRANSFER OF FUNDS)

                                                                        For an additional amount for ‘‘Construction and Environmental
                                                                   Compliance and Restoration’’ for repair at National Aeronautics
                                                                   and Space Administration facilities damaged by Hurricanes Zeta
                                                                   and Ida, $321,400,000, to remain available until expended: Pro-
                                                                   vided, That up to 15 percent of such amount may be transferred
                                                                   to ‘‘Exploration’’ for necessary expenses related to flight hardware,
                                                                   tooling, production and schedule delays caused by Hurricane Ida:
                                                                   Provided further, That except as provided in the preceding proviso,
                                                                   the amounts appropriated under this heading in this Act shall
                                                                   not be available for transfer under any transfer authority provided
                                                                   for the National Aeronautics and Space Administration in an appro-
                                                                   priation Act for fiscal year 2022.
                                                                                                 NATIONAL SCIENCE FOUNDATION
                                                                         MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION

                                                                       For an additional amount for ‘‘Major Research Equipment and
                                                                   Facilities Construction’’ for necessary expenses related to the
                                                                   National Science Foundation Regional Class Research Vessel
                                                                   construction impacted by Hurricane Ida, $25,000,000, to remain
                                                                   available until expended.
                                                                                                      RELATED AGENCIES
                                                                                                 LEGAL SERVICES CORPORATION
                                                                                    PAYMENT TO THE LEGAL SERVICES CORPORATION

                                                                       For an additional amount for ‘‘Payment to the Legal Services
                                                                   Corporation’’ to carry out the purposes of the Legal Services Cor-
                                                                   poration Act by providing for necessary expenses related to the




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                                                                   consequences of hurricanes, wildfires, other extreme weather, and
                                                                   earthquakes that occurred during calendar years 2020 and 2021,




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                                                                   135 STAT. 360                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                           $40,000,000, to remain available until September 30, 2022: Pro-
                                                                                           vided, That none of the funds appropriated in this Act to the
                                                                                           Legal Services Corporation shall be expended for any purpose
                                                                                           prohibited or limited by, or contrary to any of the provisions of,
                                                                                           sections 501, 502, 503, 504, 505, and 506 of Public Law 105–
                                                                                           119, and all funds appropriated in this Act to the Legal Services
                                                                                           Corporation shall be subject to the same terms and conditions
                                                                                           set forth in such sections, except that all references in sections
                                                                                           502 and 503 to 1997 and 1998 shall be deemed to refer instead
                                                                                           to 2021 and 2022, respectively, and except that sections 501 and
                                                                                           503 of Public Law 104–134 (referenced by Public Law 105–119)
                                                                                           shall not apply to the amount made available under this heading:
                                                                                           Provided further, That, for the purposes of this Act, the Legal
                                                                                           Services Corporation shall be considered an agency of the United
                                                                                           States.
                                                                                                                                      TITLE III
                                                                                                                        DEPARTMENT OF DEFENSE
                                                                                                             DEPARTMENT OF DEFENSE—MILITARY
                                                                                                                  OPERATION AND MAINTENANCE
                                                                                                                 OPERATION AND MAINTENANCE, NAVY
                                                                                                For an additional amount for ‘‘Operation and Maintenance,
                                                                                           Navy’’, $565,000,000, to remain available until September 30, 2022,
                                                                                           for necessary expenses related to the consequences of severe storms,
                                                                                           straight-line winds, flooding, tornadoes, earthquakes, wildfires, and
                                                                                           hurricanes occurring in calendar years 2020 and 2021.
                                                                                                              OPERATION AND MAINTENANCE, AIR FORCE
                                                                                               For an additional amount for ‘‘Operation and Maintenance,
                                                                                           Air Force’’, $330,000,000, to remain available until September 30,
                                                                                           2022, for necessary expenses related to the consequences of Winter
                                                                                           Storm Uri occurring in calendar year 2021.
                                                                                                                GENERAL PROVISION—THIS TITLE
                                                                                                SEC. 1301. Notwithstanding any other provision of law, funds
                                                                                           provided by this title shall only be for the purposes specified,
                                                                                           and shall not be subject to any transfer authority provided by
                                                                                           law.
                                                                                                                                      TITLE IV
                                                                                                                    CORPS OF ENGINEERS—CIVIL
                                                                                                                        DEPARTMENT OF THE ARMY
                                                                                                                                   INVESTIGATIONS

                                                                                                For an additional amount for ‘‘Investigations’’ for necessary
                                                                                           expenses related to the completion, or initiation and completion,




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                                                                                           of flood and storm damage reduction, including shore protection,
                                                                                           studies that are currently authorized or that are authorized after




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 361

                                                                   the date of enactment of this Act, to reduce risk from future floods
                                                                   and hurricanes, at full Federal expense, $100,000,000, to remain
                                                                   available until expended: Provided, That funds made available
                                                                   under this heading in this Act shall be for high-priority studies
                                                                   of projects in States with a major disaster declared due to Hurricane
                                                                   Ida pursuant to the Robert T. Stafford Disaster Relief and Emer-
                                                                   gency Assistance Act (42 U.S.C. 5121 et seq.) in fiscal year 2021:
                                                                   Provided further, That the Assistant Secretary of the Army for                                        Reports.
                                                                   Civil Works shall provide a monthly report directly to the Commit-                                    Allocation.
                                                                   tees on Appropriations of the House of Representatives and the
                                                                   Senate detailing the allocation and obligation of these funds,
                                                                   including new studies selected to be initiated using funds provided
                                                                   under this heading in this Act, beginning not later than 60 days
                                                                   after the date of enactment of this Act.

                                                                                                            CONSTRUCTION

                                                                        For an additional amount for ‘‘Construction’’ for necessary                                      Determination.
                                                                   expenses, $3,000,000,000, to remain available until expended, to
                                                                   construct flood and storm damage reduction, including shore protec-
                                                                   tion, projects that are currently authorized or that are authorized
                                                                   after the date of enactment of this Act, and flood and storm damage
                                                                   reduction, including shore protection, projects that have signed
                                                                   Chief’s Reports as of the date of enactment of this Act or that
                                                                   are studied using funds provided under the heading ‘‘Investigations’’
                                                                   if the Secretary determines such projects to be technically feasible,
                                                                   economically justified, and environmentally acceptable: Provided,
                                                                   That of such amount, $1,500,000,000 shall be available for such
                                                                   projects in States with a major disaster declared due to Hurricane
                                                                   Ida pursuant to the Robert T. Stafford Disaster Relief and Emer-
                                                                   gency Assistance Act (42 U.S.C. 5121 et seq.) in fiscal year 2021:
                                                                   Provided further, That the provisions of section 902 of the Water
                                                                   Resources Development Act of 1986 shall not apply to the construc-
                                                                   tion of projects, including initial construction or periodic nourish-
                                                                   ment, completed using funding under this heading in this Act:
                                                                   Provided further, That the completion of ongoing construction
                                                                   projects receiving funding provided under this heading in this Act
                                                                   shall be at full Federal expense with respect to such funds: Provided
                                                                   further, That for any projects using funding provided under this                                      Time period.
                                                                   heading in this Act, the non-Federal cash contribution for projects
                                                                   other than ongoing construction projects shall be financed in accord-
                                                                   ance with the provisions of section 103(k) of Public Law 99–662
                                                                   over a period of 30 years from the date of completion of the project
                                                                   or separable element: Provided further, That up to $65,000,000
                                                                   of the amounts made available under this heading in this Act
                                                                   shall be used for continuing authorities projects to reduce the risk
                                                                   of flooding and storm damage: Provided further, That any projects                                     Contracts.
                                                                   using funding appropriated under this heading in this Act shall
                                                                   be initiated only after non-Federal interests have entered into
                                                                   binding agreements with the Secretary requiring, where applicable,
                                                                   the non-Federal interests to pay 100 percent of the operation,
                                                                   maintenance, repair, replacement, and rehabilitation costs of the
                                                                   project and to hold and save the United States free from damages
                                                                   due to the construction or operation and maintenance of the project,
                                                                   except for damages due to the fault or negligence of the United




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                                                                   States or its contractors: Provided further, That of the amounts
                                                                   made available under this heading in this Act, such sums as are




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                                                                   135 STAT. 362                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                           necessary to cover the Federal share of construction costs for facili-
                                                                                           ties under the Dredged Material Disposal Facilities Program shall
                                                                                           be derived from the general fund of the Treasury: Provided further,
                                                                   Reports.                That the Assistant Secretary of the Army for Civil Works shall
                                                                   Allocation.             provide a monthly report directly to the Committees on Appropria-
                                                                                           tions of the House of Representatives and the Senate detailing
                                                                                           the allocation and obligation of these funds, beginning not later
                                                                                           than 60 days after the date of enactment of this Act.

                                                                                                                   MISSISSIPPI RIVER AND TRIBUTARIES

                                                                                                For an additional amount for ‘‘Mississippi River and Tribu-
                                                                                           taries’’ for necessary expenses to address emergency situations at
                                                                                           Corps of Engineers projects, and to construct, and rehabilitate and
                                                                                           repair damages to Corps of Engineers projects, caused by natural
                                                                                           disasters, $868,000,000, to remain available until expended: Pro-
                                                                                           vided, That of the amounts made available under this heading
                                                                                           in this Act, such sums as are necessary to cover the Federal share
                                                                                           of eligible operation and maintenance costs for coastal harbors
                                                                                           and channels, and for inland harbors shall be derived from the
                                                                                           general fund of the Treasury: Provided further, That of the amounts
                                                                                           made available under this heading in this Act, $500,000,000 shall
                                                                                           be available to construct flood and storm damage reduction projects
                                                                                           that are currently authorized or that are authorized after the date
                                                                                           of enactment of this Act in States with a major disaster declared
                                                                                           due to Hurricane Ida pursuant to the Robert T. Stafford Disaster
                                                                                           Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) in
                                                                                           fiscal year 2021: Provided further, That the provisions of section
                                                                                           902 of the Water Resources Development Act of 1986 shall not
                                                                                           apply to the construction of projects, including initial construction
                                                                                           or periodic nourishment, completed using funding under this
                                                                                           heading in this Act: Provided further, That to the extent that
                                                                                           ongoing construction projects are constructed using funding pro-
                                                                                           vided under this heading in this Act, such construction shall be
                                                                   Time period.            at full Federal expense: Provided further, That for any projects
                                                                                           using funding provided under this heading in this Act, the non-
                                                                                           Federal cash contribution for projects other than ongoing construc-
                                                                                           tion projects shall be financed in accordance with the provisions
                                                                                           of section 103(k) of Public Law 99–662 over a period of 30 years
                                                                                           from the date of completion of the project or separable element:
                                                                   Contracts.              Provided further, That any projects using funding appropriated
                                                                                           under this heading in this Act shall be initiated only after non-
                                                                                           Federal interests have entered into binding agreements with the
                                                                                           Secretary requiring, where applicable, the non-Federal interests
                                                                                           to pay 100 percent of the operation, maintenance, repair, replace-
                                                                                           ment, and rehabilitation costs of the project and to hold and save
                                                                                           the United States free from damages due to the construction or
                                                                                           operation and maintenance of the project, except for damages due
                                                                                           to the fault or negligence of the United States or its contractors:
                                                                   Reports.                Provided further, That the Assistant Secretary of the Army for
                                                                   Allocation.             Civil Works shall provide a monthly report directly to the Commit-
                                                                                           tees on Appropriations of the House of Representatives and the
                                                                                           Senate detailing the allocation and obligation of these funds, begin-




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                                                                                           ning not later than 60 days after the date of enactment of this
                                                                                           Act.




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 363

                                                                                                 OPERATION AND MAINTENANCE

                                                                        For an additional amount for ‘‘Operation and Maintenance’’
                                                                   for necessary expenses to dredge Federal navigation projects in
                                                                   response to, and repair damages to Corps of Engineers Federal
                                                                   projects caused by, natural disasters, $887,000,000, to remain avail-
                                                                   able until expended, of which such sums as are necessary to cover
                                                                   the Federal share of eligible operation and maintenance costs for
                                                                   coastal harbors and channels, and for inland harbors shall be
                                                                   derived from the general fund of the Treasury: Provided, That                                         Reports.
                                                                   the Assistant Secretary of the Army for Civil Works shall provide                                     Allocation.
                                                                   a monthly report directly to the Committees on Appropriations
                                                                   of the House of Representatives and the Senate detailing the alloca-
                                                                   tion and obligation of these funds, beginning not later than 60
                                                                   days after the date of enactment of this Act.

                                                                                      FLOOD CONTROL AND COASTAL EMERGENCIES

                                                                        For an additional amount for ‘‘Flood Control and Coastal Emer-
                                                                   gencies’’, as authorized by section 5 of the Act of August 18, 1941
                                                                   (33 U.S.C. 701n), for necessary expenses to prepare for flood, hurri-
                                                                   cane and other natural disasters and support emergency operations,
                                                                   repairs, and other activities in response to such disasters, as author-
                                                                   ized by law, $826,000,000, to remain available until expended:
                                                                   Provided, That funding utilized for authorized shore protection
                                                                   projects shall restore such projects to the full project profile at
                                                                   full Federal expense: Provided further, That the Assistant Secretary                                  Reports.
                                                                   of the Army for Civil Works shall provide a monthly report directly                                   Allocation.
                                                                   to the Committees on Appropriations of the House of Representa-
                                                                   tives and the Senate detailing the allocation and obligation of
                                                                   these funds, beginning not later than 60 days after the date of
                                                                   enactment of this Act.

                                                                                                               EXPENSES

                                                                        For an additional amount for ‘‘Expenses’’ for necessary expenses
                                                                   to administer and oversee the obligation and expenditure of
                                                                   amounts provided in this Act for the Corps of Engineers,
                                                                   $30,000,000, to remain available until expended: Provided, That                                       Reports.
                                                                   the Assistant Secretary of the Army for Civil Works shall provide                                     Allocation.
                                                                   a monthly report directly to the Committees on Appropriations
                                                                   of the House of Representatives and the Senate detailing the alloca-
                                                                   tion and obligation of these funds, beginning not later than 60
                                                                   days after the date of enactment of this Act.

                                                                                           DEPARTMENT OF THE INTERIOR

                                                                                                     CENTRAL UTAH PROJECT

                                                                                     CENTRAL UTAH PROJECT COMPLETION ACCOUNT

                                                                       For an additional amount for ‘‘Central Utah Project Completion
                                                                   Account’’, $10,000,000 to be deposited into the Utah Reclamation
                                                                   Mitigation and Conservation Account for use by the Utah Reclama-
                                                                   tion Mitigation and Conservation Commission, to remain available




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                                                                   until expended, for expenses necessary in carrying out fire remedi-
                                                                   ation activities for wildfires.




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                                                                   135 STAT. 364                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                                                           BUREAU OF RECLAMATION
                                                                                                                        WATER AND RELATED RESOURCES

                                                                   Determination.               For an additional amount for ‘‘Water and Related Resources’’,
                                                                                           $210,000,000, to remain available until expended: Provided, That
                                                                                           of such amount, $200,000,000 shall be available for activities to
                                                                                           address drought, as determined by the Secretary of the Interior:
                                                                                           Provided further, That of the amount made available under this
                                                                                           heading in this Act, $10,000,000 shall be for fire remediation and
                                                                                           suppression emergency assistance related to wildfires: Provided
                                                                   Reports.                further, That the Commissioner shall provide a monthly report
                                                                   Allocation.             directly to the Committees on Appropriations of the House of Rep-
                                                                                           resentatives and the Senate detailing the allocation and obligation
                                                                                           of these funds, beginning not later than 60 days after the date
                                                                                           of enactment of this Act.
                                                                                                                         DEPARTMENT OF ENERGY
                                                                                                                                ENERGY PROGRAMS
                                                                                                                        STRATEGIC PETROLEUM RESERVE

                                                                                               For an additional amount for ‘‘Strategic Petroleum Reserve’’,
                                                                                           $43,300,000, to remain available until expended, for necessary
                                                                                           expenses related to damages caused by natural disasters.
                                                                                                                                        TITLE V
                                                                                                                         INDEPENDENT AGENCIES
                                                                                                                    SMALL BUSINESS ADMINISTRATION
                                                                                                                   DISASTER LOANS PROGRAM ACCOUNT

                                                                                                                        (INCLUDING TRANSFER OF FUNDS)

                                                                                                For an additional amount for ‘‘Disaster Loans Program Account’’
                                                                                           for the cost of direct loans authorized by section 7(b) of the Small
                                                                                           Business Act, $1,189,100,000, to remain available until expended:
                                                                                           Provided, That up to $620,000,000 may be transferred to and
                                                                                           merged with ‘‘Salaries and Expenses’’ for administrative expenses
                                                                                           to carry out the disaster loan program authorized by section 7(b)
                                                                                           of the Small Business Act.
                                                                                                                                       TITLE VI
                                                                                                            DEPARTMENT OF HOMELAND SECURITY
                                                                                            PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
                                                                                                             FEDERAL EMERGENCY MANAGEMENT AGENCY
                                                                                                                               FEDERAL ASSISTANCE

                                                                                               For an additional amount for ‘‘Federal Assistance’’, $50,000,000,
                                                                                           to remain available until September 30, 2022, for emergency




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                                                                                           management performance grants under the National Flood Insur-
                                                                                           ance Act of 1968 (42 U.S.C. 4001 et seq.), the Robert T. Stafford




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 365

                                                                   Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121),
                                                                   the Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 7701),
                                                                   section 762 of title 6, United States Code, and Reorganization
                                                                   Plan No. 3 of 1978 (5 U.S.C. App.).
                                                                                          GENERAL PROVISION—THIS TITLE
                                                                        SEC. 1601. (a) Repayments of the remaining balances of all                                       Loan
                                                                   loans, as of September 30, 2021, by the Federal Emergency Manage-                                     cancellations.
                                                                   ment Agency under section 417 of the Robert T. Stafford Disaster                                      42 USC 5184
                                                                                                                                                                         note.
                                                                   Relief and Emergency Assistance Act (42 U.S.C. 5184) are hereby
                                                                   cancelled.
                                                                        (b) Of the unobligated balances available to the Department
                                                                   of Homeland Security for ‘‘Federal Emergency Management
                                                                   Agency—Disaster Relief Fund’’, such sums as are necessary may
                                                                   be transferred to the Disaster Assistance Direct Loan Program
                                                                   Account for carrying out subsection (a).
                                                                        (c) Each amount repurposed or transferred by this section that
                                                                   was previously designated by the Congress as an emergency require-
                                                                   ment or as being for disaster relief pursuant to the Balanced Budget
                                                                   and Emergency Deficit Control Act of 1985 or a concurrent resolu-
                                                                   tion on the budget is designated by the Congress as an emergency
                                                                   requirement pursuant to section 4001(a)(1) and section 4001(b),
                                                                   or as being for disaster relief pursuant to section 4004(b)(6) and
                                                                   section 4005(f), respectively, of S. Con. Res. 14 (117th Congress),
                                                                   the concurrent resolution on the budget for fiscal year 2022.
                                                                                                               TITLE VII
                                                                                           DEPARTMENT OF THE INTERIOR
                                                                                                 BUREAU OF LAND MANAGEMENT
                                                                                         MANAGEMENT OF LANDS AND RESOURCES

                                                                        For an additional amount for ‘‘Management of Lands and
                                                                   Resources’’, $1,192,000, to remain available until expended, for
                                                                   necessary expenses related to the consequences of calendar year
                                                                   2019, 2020, and 2021 wildfires, hurricanes and other natural disas-
                                                                   ters.
                                                                                      UNITED STATES FISH AND WILDLIFE SERVICE
                                                                                                            CONSTRUCTION

                                                                        For an additional amount for ‘‘Construction’’, $58,227,000, to
                                                                   remain available until expended, for necessary expenses related
                                                                   to the consequences of calendar year 2019, 2020, and 2021 wildfires,
                                                                   hurricanes and other natural disasters.
                                                                                                     NATIONAL PARK SERVICE
                                                                                                            CONSTRUCTION

                                                                        For an additional amount for ‘‘Construction’’, $229,472,000, to
                                                                   remain available until expended, for necessary expenses related




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                                                                   to the consequences of calendar year 2019, 2020, and 2021 wildfires,
                                                                   hurricanes and other natural disasters.




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                                                                   135 STAT. 366                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                                                  UNITED STATES GEOLOGICAL SURVEY

                                                                                                               SURVEYS, INVESTIGATIONS, AND RESEARCH

                                                                                                For an additional amount for ‘‘Surveys, Investigations, and
                                                                                           Research’’, $26,284,000, to remain available until expended, for
                                                                                           necessary expenses related to the consequences of calendar year
                                                                                           2019, 2020, and 2021 wildfires, hurricanes and other natural disas-
                                                                                           ters.

                                                                                                    BUREAU OF SAFETY AND ENVIRONMENTAL ENFORCEMENT

                                                                                                     OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

                                                                                                For an additional amount for ‘‘Offshore Safety and Environ-
                                                                                           mental Enforcement’’, $223,000, to remain available until expended,
                                                                                           for necessary expenses related to the consequences of calendar
                                                                                           year 2019, 2020 and 2021 wildfires, hurricanes and natural disas-
                                                                                           ters.

                                                                                                                          BUREAU OF INDIAN AFFAIRS

                                                                                                                                    CONSTRUCTION

                                                                                                For an additional amount for ‘‘Construction’’, $452,000, to
                                                                                           remain available until expended, for necessary expenses related
                                                                                           to the consequences of calendar year 2019, 2020, and 2021 wildfires,
                                                                                           hurricanes and other natural disasters.

                                                                                                                  DEPARTMENT-WIDE PROGRAMS

                                                                                                                  WILDLAND FIRE MANAGEMENT

                                                                                                                        (INCLUDING TRANSFER OF FUNDS)

                                                                                               For an additional amount for ‘‘Wildland Fire Management’’,
                                                                                           $100,000,000, to remain available until expended, for necessary
                                                                                           expenses related to wildfires: Provided, That of the amounts pro-
                                                                                           vided under this heading in this Act, $55,000,000 shall be for
                                                                                           hazardous fuels management activities: Provided further, That of
                                                                                           the amounts provided under this heading in this Act, $45,000,000,
                                                                                           shall be for burned area recovery.

                                                                                                                             RELATED AGENCIES

                                                                                                                  DEPARTMENT OF AGRICULTURE

                                                                                                                                    FOREST SERVICE

                                                                                                                          FOREST SERVICE OPERATIONS

                                                                                               For an additional amount for ‘‘Forest Service Operations’’,
                                                                                           $105,000,000, to remain available until expended, for necessary




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                                                                                           expenses related to the consequences of calendar year 2019, 2020,
                                                                                           and 2021 wildfires, hurricanes and other natural disasters.




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 367

                                                                                             FOREST AND RANGELAND RESEARCH

                                                                       For an additional amount for ‘‘Forest and Rangeland Research’’,
                                                                   $25,000,000, to remain available until expended, for necessary
                                                                   expenses related to the consequences of calendar year 2019, 2020,
                                                                   and 2021 wildfires, hurricanes and other natural disasters for the
                                                                   forest inventory and analysis program.

                                                                                                  STATE AND PRIVATE FORESTRY

                                                                       For an additional amount for ‘‘State and Private Forestry’’,
                                                                   $50,000,000, to remain available until expended, for necessary
                                                                   expenses related to the consequences of calendar year 2019, 2020,
                                                                   and 2021 wildfires, hurricanes and other natural disasters.

                                                                                                    NATIONAL FOREST SYSTEM

                                                                        For an additional amount for ‘‘National Forest System’’,
                                                                   $710,000,000, to remain available until expended: Provided, That
                                                                   of the amounts provided under this heading in this Act,
                                                                   $535,000,000 shall be for necessary expenses related to the con-
                                                                   sequences of calendar year 2019, 2020, and 2021 wildfires, hurri-
                                                                   canes and other natural disasters, including no less than
                                                                   $175,000,000 for high priority post-wildfire restoration for water-
                                                                   shed protection, critical habitat, and burned area recovery: Provided
                                                                   further, That of the amounts provided under this heading in this
                                                                   Act, $175,000,000 shall be for hazardous fuels mitigation.

                                                                                        CAPITAL IMPROVEMENT AND MAINTENANCE

                                                                       For an additional amount for ‘‘Capital Improvement and
                                                                   Maintenance’’, $470,000,000, to remain available until expended,
                                                                   for necessary expenses related to the consequences of calendar
                                                                   year 2019, 2020, and 2021 wildfires, hurricanes and other natural
                                                                   disasters.

                                                                                          GENERAL PROVISION—THIS TITLE
                                                                        SEC. 1701. (a)(1) If services performed by the designated                                        Determinations.
                                                                   employees under paragraph (2) of this subsection at the Department                                    Applicability.
                                                                   of the Interior or the Department of Agriculture during 2021 are                                      Wages.
                                                                                                                                                                         Waiver.
                                                                   determined by the Secretary of the Interior or the Secretary of                                       5 USC 5547 note.
                                                                   Agriculture, as applicable, to be primarily related to emergency
                                                                   wildland fire suppression activities, any premium pay for such
                                                                   services shall be disregarded in calculating the aggregate of such
                                                                   employee’s basic pay and premium pay for purposes of a limitation
                                                                   under section 5547(a) of title 5, United States Code, or under
                                                                   any other provision of law, whether such employee’s pay is paid
                                                                   on a biweekly or calendar year basis. Any services during 2021
                                                                   that generate payments payable in 2022 shall be disregarded in
                                                                   applying this subsection.
                                                                        (2) The premium pay waiver under paragraph (1) of this sub-
                                                                   section shall apply to individuals serving as wildland firefighters
                                                                   and as fire management response officials, including regional fire
                                                                   directors, deputy regional fire directors, agency officials who directly




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                                                                   oversee fire operations, and fire management officers, and individ-
                                                                   uals serving on incident management teams (IMTs), at the National




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                                                                   135 STAT. 368                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                           Interagency Fire Center (NIFC), at Geographic Area Coordinating
                                                                                           Centers (GACCs), and at Operations centers.
                                                                   Reports.                     (3) The Departments of the Interior and Agriculture shall pro-
                                                                   Employee                vide a report to Congress detailing the number of positions,
                                                                   positions.              including by occupation, grade, and the aggregate pay by type
                                                                                           of pay for each individual who receives pay authorized under sub-
                                                                                           section (a)(1).
                                                                                                (b) Any overtime pay for services described in subsection (a)
                                                                                           that is payable under an authority outside of title 5, United States
                                                                                           Code, shall be disregarded in calculating any annual limit on the
                                                                                           amount of overtime pay payable in 2021.
                                                                                                (c) Any pay that is disregarded under either subsection (a)
                                                                                           or (b) shall be disregarded in calculating such employee’s aggregate
                                                                                           pay for purposes of applying the limitation in section 5307 of
                                                                                           title 5, United States Code, during 2021.
                                                                                                (d)(1) Pay that is disregarded under subsection (a) or (b) shall
                                                                                           not cause the aggregate of the employee’s basic pay and premium
                                                                                           pay for the applicable calendar year to exceed the rate of basic
                                                                                           pay payable for a position at level II of the Executive Schedule
                                                                                           under section 5313 of title 5, United States Code, as in effect
                                                                                           at the end of such calendar year.
                                                                   Definition.                  (2) For purposes of applying this subsection to an employee
                                                                                           who would otherwise be subject to the premium pay limits estab-
                                                                                           lished under section 5547 of title 5, United States Code, ‘‘premium
                                                                                           pay’’ means the premium pay paid under the provisions of law
                                                                                           cited in section 5547(a).
                                                                                                (3) For purposes of applying this subsection to an employee
                                                                                           under a premium pay limit established under an authority other
                                                                                           than section 5547 of title 5, United States Code, the agency respon-
                                                                                           sible for administering such limit shall determine what payments
                                                                                           are considered premium pay.
                                                                   Definition.                  (4) For the purpose of applying this subsection, ‘‘basic pay’’
                                                                                           includes any applicable locality-based comparability payment under
                                                                                           section 5304 of title 5, United States Code, any applicable special
                                                                                           rate supplement under section 5305 of such title, or any equivalent
                                                                                           payment under a similar provision of law.
                                                                   Effective date.              (e) This section shall take effect as if enacted on January
                                                                                           1, 2021.
                                                                                                (f) If application of this section results in the payment of
                                                                                           additional premium pay to a covered employee of a type that is
                                                                                           normally creditable as basic pay for retirement or any other pur-
                                                                                           pose, that additional pay shall not—
                                                                                                     (1) be considered to be basic pay of the covered employee
                                                                                                for any purpose; or
                                                                                                     (2) be used in computing a lump-sum payment to the
                                                                                                covered employee for accumulated and accrued annual leave
                                                                                                under section 5551 or section 5552 of title 5, United States
                                                                                                Code, or other similar provision of law.
                                                                   Deadline.                    (g) Not later than 45 days after the date of enactment of
                                                                   Effective date.         this Act, the Secretary of the Interior and Secretary of Agriculture
                                                                                           shall jointly provide to the Committees on Appropriations of the
                                                                                           House of Representatives and the Senate, the Senate Committee
                                                                                           on Agriculture Nutrition and Forestry, the House of Representatives
                                                                                           Committee on Agriculture, the Senate Committee on Energy and
                                                                                           Natural Resources, the House of Representatives Committee on




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                                                                                           Natural Resources, Senate Committee on Homeland Security and
                                                                                           Governmental Affairs, and the House of Representatives Committee




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                  135 STAT. 369

                                                                   on Oversight and Reform, a framework to modernize the wildland
                                                                   firefighting workforce beginning in fiscal year 2022.
                                                                                                               TITLE VIII
                                                                                        DEPARTMENT OF TRANSPORTATION
                                                                                            FEDERAL AVIATION ADMINISTRATION
                                                                                                    FACILITIES AND EQUIPMENT

                                                                       For an additional amount for ‘‘Facilities and Equipment’’,
                                                                   $100,000,000, to remain available until September 30, 2024, for
                                                                   necessary expenses related to the consequences of Hurricane Ida.
                                                                                            FEDERAL HIGHWAY ADMINISTRATION
                                                                                                   EMERGENCY RELIEF PROGRAM

                                                                       For an additional amount for the ‘‘Emergency Relief Program’’
                                                                   as authorized under section 125 of title 23, United States Code,
                                                                   $2,600,000,000, to remain available until expended.
                                                                      DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
                                                                                       COMMUNITY PLANNING AND DEVELOPMENT
                                                                                                 COMMUNITY DEVELOPMENT FUND

                                                                                                 (INCLUDING TRANSFERS OF FUNDS)

                                                                        For an additional amount for ‘‘Community Development Fund’’,
                                                                   $5,000,000,000, to remain available until expended, for necessary
                                                                   expenses for activities authorized under title I of the Housing
                                                                   and Community Development Act of 1974 (42 U.S.C. 5301 et seq.)
                                                                   related to disaster relief, long-term recovery, restoration of infra-
                                                                   structure and housing, economic revitalization, and mitigation, in
                                                                   the most impacted and distressed areas resulting from a major
                                                                   disaster that occurred in 2020 or 2021 pursuant to the Robert
                                                                   T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
                                                                   5121 et seq.): Provided, That amounts made available under this
                                                                   heading in this Act shall be awarded directly to the State, unit
                                                                   of general local government, or Indian tribe (as such term is defined
                                                                   in section 102 of the Housing and Community Development Act
                                                                   of 1974 (42 U.S.C. 5302)) at the discretion of the Secretary: Provided
                                                                   further, That the Secretary shall allocate, using the best available                                   Allocation.
                                                                   data, an amount equal to the total estimate for unmet needs for
                                                                   qualifying disasters under this heading in this Act: Provided further,
                                                                   That any final allocation for the total estimate for unmet need
                                                                   made available under the preceding proviso shall include an addi-
                                                                   tional amount of 15 percent of such estimate for additional mitiga-
                                                                   tion: Provided further, That of the amounts made available under                                       Deadline.
                                                                   this heading in this Act, no less than $1,610,000,000 shall be
                                                                   allocated for major declared disasters that occurred in 2020 within
                                                                   30 days of the date of enactment of this Act: Provided further,
                                                                   That the Secretary shall not prohibit the use of amounts made




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                                                                   available under this heading in this Act for non-Federal share
                                                                   as authorized by section 105(a)(9) of the Housing and Community




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                                                                   135 STAT. 370                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                           Development Act of 1974 (42 U.S.C. 5305(a)(9)): Provided further,
                                                                   Grants.                 That of the amounts made available under this heading in this
                                                                                           Act, grantees may establish grant programs to assist small
                                                                                           businesses for working capital purposes to aid in recovery: Provided
                                                                                           further, That as a condition of drawing funds for any activity
                                                                                           other than general administration, the Secretary shall certify in
                                                                                           advance that such grantee has in place proficient financial controls
                                                                                           and procurement processes and has established adequate proce-
                                                                                           dures to prevent any duplication of benefits as defined by section
                                                                                           312 of the Robert T. Stafford Disaster Relief and Emergency Assist-
                                                                                           ance Act (42 U.S.C. 5155), to ensure timely expenditure of funds,
                                                                                           to maintain comprehensive websites regarding all disaster recovery
                                                                                           activities assisted with amounts made available under this heading
                                                                                           in this Act, and to detect and prevent waste, fraud, and abuse
                                                                                           of funds: Provided further, That with respect to any such duplication
                                                                                           of benefits, the Secretary shall act in accordance with section 1210
                                                                                           of Public Law 115–254 (132 Stat. 3442) and section 312 of the
                                                                                           Robert T. Stafford Disaster Relief and Emergency Assistance Act
                                                                   Requirement.            (42 U.S.C. 5155): Provided further, That the Secretary shall require
                                                                   Public                  grantees to maintain on a public website information containing
                                                                   information.
                                                                   Web posting.            common reporting criteria established by the Department that per-
                                                                   Records.                mits individuals and entities awaiting assistance and the general
                                                                   Contracts.              public to see how all grant funds are used, including copies of
                                                                   Determination.          all relevant procurement documents, including grantee administra-
                                                                                           tive contracts and details of ongoing procurement processes, as
                                                                   Plan.                   determined by the Secretary: Provided further, That prior to the
                                                                   Criteria.               obligation of funds a grantee shall submit a plan to the Secretary
                                                                                           for approval detailing the proposed use of all funds, including
                                                                                           criteria for eligibility and how the use of these funds will address
                                                                                           long-term recovery and restoration of infrastructure and housing,
                                                                                           economic revitalization, and mitigation in the most impacted and
                                                                                           distressed areas: Provided further, That such funds may not be
                                                                                           used for activities reimbursable by, or for which funds are made
                                                                                           available by, the Federal Emergency Management Agency or the
                                                                                           Army Corps of Engineers: Provided further, That funds allocated
                                                                                           under this heading in this Act shall not be considered relevant
                                                                                           to the non-disaster formula allocations made pursuant to section
                                                                                           106 of the Housing and Community Development Act of 1974 (42
                                                                   42 USC 5322             U.S.C. 5306): Provided further, That a State, unit of general local
                                                                   note.                   government, or Indian tribe may use up to 5 percent of its allocation
                                                                                           for administrative costs related to a major disaster under this
                                                                                           heading in this Act and for the same purposes in prior and future
                                                                                           Acts and such amounts shall be available for any eligible adminis-
                                                                                           trative costs without regard to a particular disaster: Provided fur-
                                                                   Waiver authority.       ther, That in administering the amounts made available under
                                                                   Requirement.            this heading in this Act, the Secretary of Housing and Urban
                                                                                           Development may waive, or specify alternative requirements for,
                                                                                           any provision of any statute or regulation that the Secretary admin-
                                                                                           isters in connection with the obligation by the Secretary or the
                                                                                           use by the recipient of these funds (except for requirements related
                                                                                           to fair housing, nondiscrimination, labor standards, and the environ-
                                                                                           ment), if the Secretary finds that good cause exists for the waiver
                                                                                           or alternative requirement and such waiver or alternative require-
                                                                                           ment would not be inconsistent with the overall purpose of title
                                                                                           I of the Housing and Community Development Act of 1974: Provided




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                                                                                           further, That, notwithstanding the preceding proviso, recipients of
                                                                                           funds provided under this heading in this Act that use such funds




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 371

                                                                   to supplement Federal assistance provided under section 402, 403,
                                                                   404, 406, 407, 408(c)(4), or 502 of the Robert T. Stafford Disaster
                                                                   Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) may
                                                                   adopt, without review or public comment, any environmental
                                                                   review, approval, or permit performed by a Federal agency, and
                                                                   such adoption shall satisfy the responsibilities of the recipient with
                                                                   respect to such environmental review, approval or permit: Provided
                                                                   further, That, notwithstanding section 104(g)(2) of the Housing
                                                                   and Community Development Act of 1974 (42 U.S.C. 5304(g)(2)),
                                                                   the Secretary or a State may, upon receipt of a request for release
                                                                   of funds and certification, immediately approve the release of funds
                                                                   for an activity or project assisted under this heading in this Act
                                                                   if the recipient has adopted an environmental review, approval
                                                                   or permit under the preceding proviso or the activity or project
                                                                   is categorically excluded from review under the National Environ-
                                                                   mental Policy Act of 1969 (42 U.S.C. 4321 et seq.): Provided further,
                                                                   That the Secretary shall publish via notice in the Federal Register                                   Notice.
                                                                   or on the website of the Department any waiver, or alternative                                        Federal Register,
                                                                                                                                                                         publication.
                                                                   requirement, to any statute or regulation that the Secretary admin-                                   Web posting.
                                                                   isters pursuant to title I of the Housing and Community Develop-                                      Waiver.
                                                                   ment Act of 1974 no later than 5 days before the effective date                                       Requirement.
                                                                   of such waiver or alternative requirement: Provided further, That                                     Deadline.
                                                                                                                                                                         42 USC 5301
                                                                   the Secretary is authorized to approve the use of amounts made                                        note.
                                                                   available under this heading in this Act or a prior or future Act
                                                                   for activities authorized under title I of the Housing and Community
                                                                   Development Act of 1974 (42 U.S.C. 5301 et seq.) related to unmet
                                                                   recovery needs in the most impacted and distressed areas resulting
                                                                   from a major disaster in this Act or in a prior or future Act
                                                                   to be used interchangeably and without limitation for the same
                                                                   activities in the most impacted and distressed areas resulting from
                                                                   other major disasters assisted under this Act or a prior or future
                                                                   Act when such areas overlap and when the use of the funds will
                                                                   address unmet recovery needs of both disasters: Provided further,
                                                                   That, until the Secretary publishes a Federal Register Notice estab-                                  Plans.
                                                                   lishing the requirements for the previous proviso, grantees that
                                                                   received grants under the same heading for 2017, 2018 or 2019
                                                                   disasters may submit for approval revised plans for the use of
                                                                   funds related to those major disasters to expand the eligible bene-
                                                                   ficiaries of existing programs contained in such previously approved
                                                                   plans to include those impacted by disasters in 2020 or 2021:
                                                                   Provided further, That of the amounts made available under this
                                                                   heading in this Act, up to $7,000,000 shall be made available
                                                                   for capacity building and technical assistance, including assistance
                                                                   on contracting and procurement, to support States, units of general
                                                                   local government, or Indian tribes, and subrecipients that receive
                                                                   allocations for disaster recovery pursuant to the authority under
                                                                   this heading in this Act and allocations for disaster recovery in
                                                                   any prior or future Acts: Provided further, That of the amounts
                                                                   made available under this heading in this Act, up to $5,500,000
                                                                   shall be transferred to ‘‘Department of Housing and Urban Develop-
                                                                   ment—Program Office Salaries and Expenses—Community Plan-
                                                                   ning and Development’’ for necessary costs, including information
                                                                   technology costs, of administering and overseeing the obligation
                                                                   and expenditure of amounts made available under the heading
                                                                   ‘‘Community Development Fund’’ in this Act or any prior or future




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                                                                   Act that makes amounts available for purposes related to major
                                                                   disasters under such heading.




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                                                                   135 STAT. 372                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                                                                      TITLE IX
                                                                                                                 GENERAL PROVISIONS—THIS ACT
                                                                                                SEC. 1901. Each amount appropriated or made available by
                                                                                           this Act is in addition to amounts otherwise appropriated for the
                                                                                           fiscal year involved.
                                                                                                SEC. 1902. No part of any appropriation contained in this
                                                                                           Act shall remain available for obligation beyond the current fiscal
                                                                                           year unless expressly so provided herein.
                                                                                                SEC. 1903. Unless otherwise provided for by this Act, the addi-
                                                                                           tional amounts appropriated by this Act to appropriations accounts
                                                                                           shall be available under the authorities and conditions applicable
                                                                                           to such appropriations accounts for fiscal year 2022.
                                                                                                SEC. 1904. Each amount provided by this division is designated
                                                                                           by the Congress as being for an emergency requirement pursuant
                                                                                           to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
                                                                                           Congress), the concurrent resolution on the budget for fiscal year
                                                                                           2022.
                                                                                                This division may be cited as the ‘‘Disaster Relief Supplemental
                                                                                           Appropriations Act, 2022’’.
                                                                   Afghanistan                        DIVISION C—AFGHANISTAN SUPPLEMENTAL
                                                                   Supplemental                              APPROPRIATIONS ACT, 2022
                                                                   Appropriations
                                                                   Act, 2022.                  The following sums are appropriated, out of any money in
                                                                                           the Treasury not otherwise appropriated, for the fiscal year ending
                                                                                           September 30, 2022, and for other purposes, namely:
                                                                                                                                       TITLE I
                                                                                                                        DEPARTMENT OF JUSTICE
                                                                                                                  FEDERAL BUREAU OF INVESTIGATION
                                                                                                                        SALARIES AND EXPENSES
                                                                                               For an additional amount for ‘‘Salaries and Expenses’’,
                                                                                           $50,000,000, to remain available until September 30, 2022, for
                                                                                           investigative activities associated with Afghan resettlement oper-
                                                                                           ations.
                                                                                                                                       TITLE II
                                                                                                                        DEPARTMENT OF DEFENSE
                                                                                                                  OPERATION AND MAINTENANCE
                                                                                                       OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
                                                                                               For an additional amount for ‘‘Overseas Humanitarian, Dis-
                                                                                           aster, and Civic Aid’’, $2,200,000,000, to remain available until
                                                                                           September 30, 2023, for support of Operation Allies Welcome by
                                                                                           the Department of Defense.
                                                                                                               GENERAL PROVISIONS—THIS TITLE




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                                                                   Reports.                     SEC. 2201. Not later than 30 days after the date of enactment
                                                                                           of this Act, and every 30 days thereafter through fiscal year 2022,




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 373

                                                                   the Secretary of Defense shall provide a written report to the
                                                                   congressional defense committees describing the execution of funds
                                                                   provided in this title, including the amounts obligated and
                                                                   expended, in total and since the previous report; the nature of
                                                                   the costs incurred or services provided by such funds; and any
                                                                   reimbursements or funds transferred by another Federal agency
                                                                   to the Department of Defense which relates to the purpose of
                                                                   the funds provided by this title.
                                                                        SEC. 2202. Notwithstanding any other provision of law, funds
                                                                   provided by this title shall only be for the purposes specified,
                                                                   and shall not be subject to any transfer authority provided by
                                                                   law.
                                                                        SEC. 2203. The Inspector General of the Department of Defense                                    Reviews.
                                                                   shall carry out reviews of the activities of the Department of Defense
                                                                   to transport and care for Afghans, including but not limited to,
                                                                   the humane treatment and living conditions of Afghans at any
                                                                   Department of Defense facility; the use of funds by the Department
                                                                   of Defense to support such persons, including the monitoring of
                                                                   potential waste, fraud, or abuse of such funds; and any related
                                                                   issues that the Inspector General may direct: Provided, That the                                      Updates.
                                                                   Inspector General shall provide to the congressional defense                                          Reports.
                                                                   committees periodic updates on such oversight efforts and a written
                                                                   report to such committees not later than 60 days after the date
                                                                   of enactment of this Act.
                                                                        SEC. 2204. Title IX of division C of Public Law 116–260 is
                                                                   amended under the heading ‘‘Afghanistan Security Forces Fund’’                                        134 Stat. 1341.
                                                                   by inserting the following before the penultimate proviso: ‘‘Provided
                                                                   further, That the Secretary of Defense may obligate and expend                                        Contracts.
                                                                   funds made available under this heading for costs associated with
                                                                   the termination of contracts previously funded with amounts pro-
                                                                   vided under this heading in prior Acts, and to pay valid invoices
                                                                   in satisfaction of liabilities under such contracts for which the
                                                                   applicable prior appropriation cannot be identified:’’.
                                                                        SEC. 2205. Not later than 90 days after the date of enactment                                    Consultation.
                                                                   of this Act, the Secretary of Defense, in consultation with the                                       Reports.
                                                                   Service Secretaries and the Commander of United States Central
                                                                   Command, shall submit to the congressional defense committees
                                                                   a report regarding the disposition of United States property, equip-
                                                                   ment, and supplies, including property, equipment, and supplies
                                                                   provided to the Afghanistan National Security Forces, which were
                                                                   destroyed, taken out of Afghanistan, or remain in Afghanistan
                                                                   in connection with the United States military withdrawal: Provided,
                                                                   That such report shall include information on the future plans
                                                                   of the Department of Defense regarding any such items.
                                                                                                               TITLE III
                                                                            DEPARTMENT OF HEALTH AND HUMAN SERVICES
                                                                                    CENTERS FOR DISEASE CONTROL AND PREVENTION
                                                                                      CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT

                                                                       For an additional amount for ‘‘CDC–Wide Activities and Pro-
                                                                   gram Support’’, $21,500,000, for support of Operation Allies Wel-
                                                                   come, to remain available until September 30, 2022, for medical




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                                                                   support, screening, and other related public health activities related
                                                                   to Afghan arrivals and refugees.




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                                                                   135 STAT. 374                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                                            ADMINISTRATION FOR CHILDREN AND FAMILIES
                                                                                                                   REFUGEE AND ENTRANT ASSISTANCE

                                                                                               For an additional amount for ‘‘Refugee and Entrant Assistance’’,
                                                                                           $1,680,000,000, to remain available until September 30, 2023, for
                                                                                           support of Operation Allies Welcome for carrying out refugee and
                                                                                           entrant assistance activities in support of citizens or nationals
                                                                                           of Afghanistan paroled into the United States under section
                                                                                           212(d)(5) of the Immigration and Nationality Act and citizens or
                                                                                           nationals of Afghanistan for whom such refugee and entrant assist-
                                                                                           ance activities are authorized: Provided, That amounts made avail-
                                                                                           able under this heading in this Act may be used for grants or
                                                                                           contracts with qualified nonprofit organizations to provide culturally
                                                                                           and linguistically appropriate services, including wrap-around serv-
                                                                                           ices during temporary housing and after resettlement, housing
                                                                                           assistance, medical assistance, legal assistance, and case manage-
                                                                                           ment assistance: Provided further, That the Director of the Office
                                                                                           of Refugee Resettlement, in carrying out section 412(c)(1)(A) of
                                                                                           the Immigration and Nationality Act with amounts made available
                                                                                           under this heading in this Act, may allocate such amounts among
                                                                                           the States in a manner that accounts for the most current data
                                                                                           available.
                                                                                                             CHILDREN AND FAMILIES SERVICES PROGRAMS

                                                                                                For an additional amount for ‘‘Children and Families Services
                                                                                           Programs’’, $7,773,000, to remain available until September 30,
                                                                                           2022, for support of Operation Allies Welcome for necessary
                                                                                           administrative expenses to carry out refugee and entrant assistance
                                                                                           activities in support of citizens or nationals of Afghanistan.
                                                                                                                GENERAL PROVISION—THIS TITLE
                                                                   Deadline.                    SEC. 2301. (a) Not later than 45 days after the date of enact-
                                                                   Strategy.               ment of this Act, the Secretary of Health and Human Services,
                                                                                           the Secretary of State, and the Secretary of Homeland Security
                                                                                           shall jointly submit a strategy on Afghan evacuee resettlement
                                                                                           to the appropriate congressional committees and leadership
                                                                                           describing agency roles and responsibilities, vetting, immigration
                                                                                           status of each Afghan, and anticipated costs associated with imple-
                                                                                           menting such strategy.
                                                                                                (b) DEFINITION OF AFGHAN EVACUEE.—In this section, the term
                                                                                           ‘‘Afghan evacuee’’ means a person whose evacuation from Afghani-
                                                                                           stan to the United States, or a location overseas controlled by
                                                                                           the United States, was facilitated by the United States as part
                                                                                           of Operation Allies Refuge.
                                                                                                                                      TITLE IV
                                                                                                                         DEPARTMENT OF STATE
                                                                                                                 ADMINISTRATION OF FOREIGN AFFAIRS
                                                                                                   EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE




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                                                                                              For an additional amount for ‘‘Emergencies in the Diplomatic
                                                                                           and Consular Service’’, $276,900,000, to remain available until




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 375

                                                                   expended, for support for Operation Allies Welcome and related
                                                                   efforts by the Department of State, including additional relocations
                                                                   of individuals at risk as a result of the situation in Afghanistan
                                                                   and related expenses, and to reimburse the account under this
                                                                   heading in prior acts making appropriations for the Department
                                                                   of State, foreign operations, and related programs for obligations
                                                                   previously incurred.
                                                                                        BILATERAL ECONOMIC ASSISTANCE
                                                                                        FUNDS APPROPRIATED TO THE PRESIDENT
                                                                                           INTERNATIONAL DISASTER ASSISTANCE

                                                                       For an additional amount for ‘‘International Disaster Assist-
                                                                   ance’’, $400,000,000, to remain available until expended, to address
                                                                   humanitarian needs in Afghanistan and the region impacted by
                                                                   the situation in Afghanistan.
                                                                                                      DEPARTMENT OF STATE
                                                                                           MIGRATION AND REFUGEE ASSISTANCE

                                                                       For an additional amount for ‘‘Migration and Refugee Assist-
                                                                   ance’’, $415,000,000, to remain available until expended, to address
                                                                   humanitarian needs in, and to assist refugees from, Afghanistan.
                                                                      UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
                                                                                                FUND

                                                                        For an additional amount for ‘‘United States Emergency Ref-
                                                                   ugee and Migration Assistance Fund’’, $1,076,100,000, to remain
                                                                   available until expended, notwithstanding section 2(c)(2) of the
                                                                   Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)(2)),
                                                                   of which $976,100,000 is for support for Operation Allies Welcome
                                                                   and related efforts by the Department of State, including additional
                                                                   relocations of individuals at risk as a result of the situation in
                                                                   Afghanistan and related expenses, and $100,000,000 is to respond
                                                                   to other unexpected and urgent humanitarian emergencies.
                                                                                         GENERAL PROVISIONS—THIS TITLE
                                                                        SEC. 2401. During fiscal years 2022 and 2023, notwithstanding                                    Time period.
                                                                   any applicable restrictions on the ability of the Department of                                       Contracts.
                                                                   State and the United States Agency for International Development
                                                                   to enter into personal services contracts, including section 704 of
                                                                   the Financial Services and General Government Appropriations
                                                                   Act, 2021 (division E of Public Law 116–260) as continued by
                                                                   section 101 of division A of this Act (and any successor provision
                                                                   in a subsequently enacted appropriations Act), the authorities of
                                                                   section 2(c) of the State Department Basic Authorities Act of 1956
                                                                   (22 U.S.C. 2669(c)), section 636(a)(3) of the Foreign Assistance
                                                                   Act of 1961 (22 U.S.C. 2396(a)(3)), and section 5(a)(6) of the Migra-
                                                                   tion and Refugee Assistance Act of 1962 (22 U.S.C. 2605(a)(6))
                                                                   may be exercised, without regard to the geographic limitations
                                                                   referenced therein, particularly to enter into, extend, and maintain




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                                                                   contracts with individuals who have served as locally employed
                                                                   staff of the United States mission in Afghanistan.




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                                                                   135 STAT. 376                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                   Consultation.                SEC. 2402. The Secretary of State, in consultation with the
                                                                   Reports.                Administrator of the United States Agency for International
                                                                                           Development, shall submit to the Committees on Appropriations,
                                                                                           not later than 45 days after the date of enactment of this Act,
                                                                                           a report on the proposed uses of funds appropriated by this title
                                                                                           under the headings ‘‘Emergencies in the Diplomatic and Consular
                                                                                           Service’’ and ‘‘United States Emergency Refugee and Migration
                                                                                           Assistance Fund’’, by program, project, and activity, for which the
                                                                   Updates.                obligation of funds is anticipated: Provided, That such report shall
                                                                                           be updated (including any changes in proposed uses from the initial
                                                                                           plan) and submitted to the Committees on Appropriations every
                                                                                           45 days until September 30, 2023.
                                                                   Reports.                     SEC. 2403. Not later than 45 days after the date of enactment
                                                                   Consultation.           of this Act, the Secretary of State, in consultation with the Secretary
                                                                                           of Homeland Security and the heads of other relevant Federal
                                                                                           agencies, shall submit to the Committees on Appropriations a report
                                                                                           on the status of the Priority 2 (P–2) designation granting United
                                                                                           States Refugee Admissions Program (USRAP) access for certain
                                                                                           at risk Afghan nationals and their eligible family members that
                                                                                           was announced by the Department of State on August 2, 2021:
                                                                                           Provided, That such report shall include the approximate number
                                                                                           of Afghan nationals and their eligible family members who have
                                                                                           been referred to the program, the number of Afghan nationals
                                                                                           who have contacted a Resettlement Support Center to begin proc-
                                                                                           essing of their P–2 referral, the estimated time for processing
                                                                                           such applications, an assessment of the obstacles facing P–2 eligible
                                                                                           individuals seeking to leave Afghanistan, and a plan for augmenting
                                                                                           personnel needed for refugee processing or humanitarian parole:
                                                                                           Provided further, That such report shall be submitted in unclassified
                                                                                           form, but may be accompanied by a classified annex.
                                                                   Taliban.                     SEC. 2404. None of the funds appropriated in this title and
                                                                                           made available for assistance for Afghanistan may be made avail-
                                                                                           able for direct assistance to the Taliban.

                                                                                                                                       TITLE V

                                                                                                                 GENERAL PROVISIONS—THIS ACT
                                                                                                SEC. 2501. In addition to amounts otherwise made available,
                                                                                           there is appropriated for ‘‘U.S. Citizenship and Immigration Serv-
                                                                                           ices—Immigration Examinations Fee Account’’, $193,000,000, to
                                                                                           remain available until expended, for necessary expenses in support
                                                                                           of Operation Allies Welcome, to be deposited and used as provided
                                                                                           in section 286(n) of the Immigration and Nationality Act (8 U.S.C.
                                                                                           1356(n)): Provided, That such amounts shall be in addition to any
                                                                                           other amounts made available for such purposes and shall not
                                                                                           be construed to require any reduction of any fee described in section
                                                                                           286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)):
                                                                                           Provided further, That amounts provided in this section shall only
                                                                                           be for the purposes specified, and notwithstanding any other provi-
                                                                                           sion of law are not available for non-expenditure transfer or re-
                                                                   Deadlines.              programming: Provided further, That within 15 days of the date
                                                                   Expenditure             of enactment of this Act, U.S. Citizenship and Immigration Services
                                                                   plan.                   shall provide to the Committees on Appropriations and the Commit-
                                                                   Updates.
                                                                   Data.                   tees on the Judiciary of the Senate and the House of Representatives




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                                                                                           an expenditure plan for the funds provided under this paragraph,
                                                                                           and every 30 days thereafter shall provide updated execution data




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 377

                                                                   to such Committees for such funds: Provided further, That the                                         Termination
                                                                   reporting requirement in the previous proviso shall end on Sep-                                       date.
                                                                   tember 30, 2026.
                                                                        SEC. 2502. (a) IN GENERAL.—Notwithstanding any other provi-                                      Eligibility.
                                                                   sion of law, a citizen or national of Afghanistan (or a person with                                   8 USC 1101 note.
                                                                   no nationality who last habitually resided in Afghanistan) shall
                                                                   be eligible for the benefits described in subsections (b) and (c)
                                                                   if—
                                                                              (1) such individual completed security and law enforcement
                                                                        background checks to the satisfaction of the Secretary of Home-
                                                                        land Security and was subsequently—
                                                                                   (A) paroled into the United States between July 31,                                   Time period.
                                                                              2021, and September 30, 2022; or
                                                                                   (B) paroled into the United States after September                                    Effective date.
                                                                              30, 2022, and—
                                                                                        (i) is the spouse or child (as such term is defined
                                                                                   under section 101(b) of the Immigration and Nation-
                                                                                   ality Act (8 U.S.C. 1101(b)) of an individual described
                                                                                   in subparagraph (A); or
                                                                                        (ii) is the parent or legal guardian of an individual
                                                                                   described in subparagraph (A) who is determined to
                                                                                   be an unaccompanied child under 6 U.S.C. 279(g)(2);
                                                                                   and
                                                                              (2) such individual’s parole has not been terminated by
                                                                        the Secretary of Homeland Security.
                                                                        (b) BENEFITS.—An individual described in subsection (a) shall
                                                                   be eligible for—
                                                                              (1) resettlement assistance, entitlement programs, and                                     Expiration date.
                                                                        other benefits available to refugees admitted under section
                                                                        207 of the Immigration and Nationality Act (8 U.S.C. 1157)
                                                                        until March 31, 2023, or the term of parole granted under
                                                                        subsection (a), whichever is later;
                                                                              (2) services described under section 412(d)(2) of the
                                                                        Immigration and Nationality Act (8 U.S.C. 1522(d)(2)), subject
                                                                        to subparagraph (B) of such section, if such individual is an
                                                                        unaccompanied alien child as defined under 6 U.S.C. 279(g)(2);
                                                                        and
                                                                              (3) a driver’s license or identification card under section
                                                                        202 of the REAL ID Act of 2005 (division B of Public Law
                                                                        109–13; 49 U.S.C. 30301 note), notwithstanding subsection
                                                                        (c)(2)(B) of such Act.
                                                                        (c) EXPEDITIOUS ADJUDICATION OF ASYLUM APPLICATIONS.—
                                                                   With respect to an application for asylum under section 208 of
                                                                   the Immigration and Nationality Act (8 U.S.C. 1158) filed by an
                                                                   individual described in subsection (a), the Secretary of Homeland
                                                                   Security shall—
                                                                              (1) conduct the initial interview on the asylum application                                Deadlines.
                                                                        not later than 45 days after the date on which the application
                                                                        is filed; and
                                                                              (2) in the absence of exceptional circumstances, issue a
                                                                        final administrative adjudication on the asylum application
                                                                        within 150 days after the date the application is filed.
                                                                        (d) CLARIFICATION.—Notwithstanding any other provision of
                                                                   law, nothing in this act shall be interpreted to—
                                                                              (1) preclude an individual described in subsection (a), from




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                                                                        applying for or receiving any immigration benefits to which
                                                                        such individual is otherwise eligible; or




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                                                                   135 STAT. 378                             PUBLIC LAW 117–43—SEPT. 30, 2021

                                                                                                     (2) entitle a person described in subsection (a) to lawful
                                                                                                permanent resident status.
                                                                   Time period.                 (e) REPORT.—Not later than 120 days after the date of enact-
                                                                   Consultation.           ment of this Act, and every 3 months thereafter, the Secretary
                                                                                           of Homeland Security, in consultation with the Secretary of Defense
                                                                                           and the Secretary of State, shall submit a report to Congress
                                                                                           detailing the number of individuals described in subsection (a);
                                                                                           the number of individuals receiving benefits in subsection (b),
                                                                                           including their eligibility for benefits as refugees notwithstanding
                                                                                           this Act; and any other information deemed relevant by the Sec-
                                                                                           retary.

                                                                                                                           REPORTING REQUIREMENT

                                                                   Coordination.                SEC. 2503. (a) IN GENERAL.—Not later than 60 days after
                                                                   Time period.            the date of the enactment of this Act, and quarterly thereafter
                                                                   Reports.
                                                                                           through September 30, 2023, the Secretary of Homeland Security,
                                                                                           in coordination with the head of any other applicable Federal
                                                                                           agency, shall submit to Congress a report that includes the elements
                                                                                           described in subsection (b).
                                                                                                (b) ELEMENTS.—The report required by subsection (a) shall
                                                                                           include the following:
                                                                   Summary.                          (1) A summary of the status of Afghan evacuees,
                                                                                                including—
                                                                                                         (A) the number of the Afghan evacuees present in
                                                                                                     the United States, located at overseas bases of the United
                                                                                                     States Armed Forces, or located in third countries who
                                                                                                     are not located at such a base including—
                                                                                                              (i) the number who are U.S. lawful permanent
                                                                                                         residents;
                                                                                                              (ii) the number who are Special Immigrant Visa
                                                                                                         holders;
                                                                                                              (iii) the number who are Special Immigrant Visa
                                                                                                         applicants;
                                                                                                              (iv) the number who are in possession of a valid
                                                                                                         nonimmigrant visa to enter the United States;
                                                                                                              (v) the number who are employees of a U.S.
                                                                                                         Government agency;
                                                                                                              (vi) the number who are employees of a U.S.
                                                                                                         funded partner organization, media, or non-profit;
                                                                                                              (vii) the number of Priority 1 refugee referrals;
                                                                                                              (viii) the number of Priority 2 refugee referrals;
                                                                                                              (ix) the number who have been relocated from
                                                                                                         the United States to a third country, and the country
                                                                                                         to which they were relocated; and
                                                                                                              (x) the number who do not fall into any of the
                                                                                                         above categories;
                                                                                                         (B) the number of Afghan evacuees at overseas bases
                                                                                                     or other official staging areas who have been flagged as
                                                                                                     potential security concerns or risks or included on the
                                                                                                     United States no-fly list and who were therefore denied
                                                                                                     clearance to enter the United States; and
                                                                                                         (C) the number of the Afghan evacuees who have been
                                                                                                     paroled into the United States—




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                                                                                                              (i) the number whose parole was terminated; and
                                                                                                              (ii) the number whose parole has been extended.




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 379

                                                                             (2) The number of Afghan evacuees who have been inter-
                                                                        viewed by U.S. Citizenship and Immigration Services in connec-
                                                                        tion with an application or petition for immigration benefits,
                                                                        including—
                                                                                  (A) the number of such interviews conducted since
                                                                             the United States withdrawal;
                                                                                  (B) the rate at which individuals were granted or
                                                                             refused the benefits that formed the basis for such inter-
                                                                             views;
                                                                                  (C) the number of individuals who did not appear
                                                                             at a scheduled interview; and
                                                                                  (D) a description of the procedures for screening for
                                                                             and detecting child marriage, human trafficking, gender-
                                                                             based violence, and marriages entered into or relationships
                                                                             as fiancee or fiance claimed for the sole purpose of securing
                                                                             evacuation.
                                                                             (3) For each Federal department and agency involved in
                                                                        Operation Allies Welcome—
                                                                                  (A) as of the date of the report, the costs incurred;
                                                                             and
                                                                                  (B) an identification of the source of appropriated or
                                                                             other funds used to fund the effort.
                                                                        (c) DEFINITION OF AFGHAN EVACUEE.—In this section, the term
                                                                   ‘‘Afghan evacuee’’ means a person whose evacuation from Afghani-
                                                                   stan to the United States, or a location overseas controlled by
                                                                   the United States, was facilitated by the United States as part
                                                                   of Operation Allies Refuge.
                                                                        SEC. 2504. Each amount appropriated or made available by
                                                                   this Act is in addition to amounts otherwise appropriated for the
                                                                   fiscal year involved.
                                                                        SEC. 2505. No part of any appropriation contained in this
                                                                   Act shall remain available for obligation beyond the current fiscal
                                                                   year unless expressly so provided herein.
                                                                        SEC. 2506. Unless otherwise provided for by this Act, the addi-
                                                                   tional amounts appropriated by this Act to appropriations accounts
                                                                   shall be available under the authorities and conditions applicable
                                                                   to such appropriations accounts for fiscal year 2022.
                                                                        SEC. 2507. Each amount provided by this division is designated
                                                                   by the Congress as being for an emergency requirement pursuant
                                                                   to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th
                                                                   Congress), the concurrent resolution on the budget for fiscal year
                                                                   2022.
                                                                        This division may be cited as the ‘‘Afghanistan Supplemental
                                                                   Appropriations Act, 2022’’.

                                                                                DIVISION D—OTHER MATTERS
                                                                       TITLE I—EXTENSIONS, TECHNICAL
                                                                      CORRECTIONS, AND OTHER MATTERS
                                                                   SEC. 3101. EXTENSION OF AUTHORITY TO MAKE CERTAIN APPOINT-
                                                                               MENTS FOR NATIONAL DISASTER MEDICAL SYSTEM.
                                                                       Section 2812(c)(4)(B) of the Public Health Service Act (42 U.S.C.




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                                                                   300hh–11(c)(4)(B)) is amended by striking ‘‘September 30, 2021’’
                                                                   and inserting ‘‘December 3, 2021’’.




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                                                                   135 STAT. 380                             PUBLIC LAW 117–43—SEPT. 30, 2021
                                                                                           SEC. 3102. EXTENDING CERTAIN WAIVER AUTHORITIES.
                                                                                                (a) NATIONAL SCHOOL LUNCH PROGRAM REQUIREMENT WAIVERS
                                                                                           ADDRESSING COVID–19.—Section 2202(e) of the Families First
                                                                                           Coronavirus Response Act (Public Law 116–127; 42 U.S.C. 1760
                                                                                           note) is amended by striking ‘‘September 30, 2021’’ and inserting
                                                                   Waiver authority.       ‘‘June 30, 2022: Provided, That such waivers shall only apply to
                                                                   Time period.            school year 2021–2022’’.
                                                                                                (b) FUNDING.—There are hereby appropriated, out of any funds
                                                                                           in the Treasury not otherwise appropriated, such sums as may
                                                                                           be necessary to carry out this section.
                                                                                           SEC. 3103. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT.
                                                                                               Section 3014(a) of title 18, United States Code, is amended
                                                                                           by striking ‘‘September 30, 2021’’ and inserting ‘‘December 31,
                                                                                           2021’’.
                                                                                           SEC. 3104. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-
                                                                                                      RELATED SUBSTANCES.
                                                                   Effective date.              Effective as if included in the enactment of the Temporary
                                                                                           Reauthorization and Study of the Emergency Scheduling of
                                                                                           Fentanyl Analogues Act (Public Law 116–114), section 2 of such
                                                                   Ante, p. 264.           Act (as amended by Public Law 117–12) is amended by striking
                                                                                           ‘‘October 22, 2021’’ and inserting ‘‘January 28, 2022’’.
                                                                                           SEC. 3105. EXTENDING THE INCREASED FEDERAL MEDICAL ASSIST-
                                                                                                       ANCE PERCENTAGE FOR TERRITORIES.
                                                                                               (a) IN GENERAL.—Section 1905(ff) of the Social Security Act
                                                                                           (42 U.S.C. 1396d(ff)) is amended—
                                                                                                    (1) in paragraph (2), by striking ‘‘September 30, 2021’’
                                                                                               and inserting ‘‘December 3, 2021’’ ; and
                                                                                                    (2) in paragraph (3), by striking ‘‘September 30, 2021’’
                                                                                               and inserting ‘‘December 3, 2021’’.
                                                                   Deadline.                   (b) GAO REVIEW.—Not later than November 15, 2021, the
                                                                   Allotment.              Comptroller General of the United States shall review the deter-
                                                                   Puerto Rico.            mination of the allotment for Puerto Rico for fiscal year 2022
                                                                                           under section 1108(g) of the Social Security Act (42 U.S.C. 1308(g)),
                                                                                           and include in the review the legal opinion of the Comptroller
                                                                                           General on the most plausible plain reading of how such fiscal
                                                                                           year 2022 allotment level should be calculated.
                                                                                           SEC. 3106. MEDICARE IMPROVEMENT FUND.
                                                                                                Section 1898(b)(1) of the Social Security Act (42 U.S.C.
                                                                                           1395iii(b)(1)) is amended by striking ‘‘$165,000,000’’ and inserting
                                                                                           ‘‘$69,000,000’’.

                                                                                                     TITLE II—BUDGETARY EFFECTS
                                                                                           SEC. 3201. BUDGETARY EFFECTS.
                                                                                                (a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
                                                                                           of this division shall not be entered on either PAYGO scorecard
                                                                                           maintained pursuant to section 4(d) of the Statutory Pay-As-You-
                                                                                           Go Act of 2010.
                                                                                                (b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
                                                                                           division shall not be entered on any PAYGO scorecard maintained
                                                                                           for purposes of section 4106 of H. Con. Res. 71 (115th Congress).




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                                                                                                (c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
                                                                                           Rule 3 of the Budget Scorekeeping Guidelines set forth in the




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                                                                                      PUBLIC LAW 117–43—SEPT. 30, 2021                                                 135 STAT. 381

                                                                   joint explanatory statement of the committee of conference accom-
                                                                   panying Conference Report 105–217 and section 250(c)(8) of the
                                                                   Balanced Budget and Emergency Deficit Control Act of 1985, the
                                                                   budgetary effects of this division shall not be estimated—
                                                                            (1) for purposes of section 251 of such Act;
                                                                            (2) for purposes of an allocation to the Committee on Appro-
                                                                        priations pursuant to section 302(a) of the Congressional
                                                                        Budget Act of 1974; and
                                                                            (3) for purposes of paragraph (4)(C) of section 3 of the
                                                                        Statutory Pay-As-You-Go Act of 2010 as being included in an
                                                                        appropriation Act.

                                                                       Approved September 30, 2021.




                                                                   LEGISLATIVE HISTORY—H.R. 5305:
                                                                   CONGRESSIONAL RECORD, Vol. 167 (2021):
                                                                        Sept. 21, considered and passed House.
                                                                        Sept. 30, considered and passed Senate, amended. House concurred in Senate
                                                                          amendment.




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                                                                                                                        Æ




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