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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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/
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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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