II 

Calendar No. 135 

117TH CONGRESS 

1ST SESSION S. 2789 

Making continuing appropriations for the fiscal year ending September 30, 

2022, and for providing emergency assistance, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2021 

Mr. SHELBY (for himself and Mr. MCCONNELL) introduced the following bill; 

which was read the first time 

SEPTEMBER 22, 2021 

Read the second time and placed on the calendar 

A BILL 

Making continuing appropriations for the fiscal year ending 

September 30, 2022, and for providing emergency assistance, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Extending Government 

5 Funding and Delivering Emergency Assistance Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

Sec. 1. Short Title 


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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 SEC. 3. REFERENCES. 

2 Except as expressly provided otherwise, any reference 

3 to ‘‘this Act’’ contained in any division of this Act shall 

4 be treated as referring only to the provisions of that divi5 sion. 


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1 DIVISION A—CONTINUING 

2 APPROPRIATIONS ACT, 2022 

3 The following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for 

8 fiscal year 2022, and for other purposes, namely: 

9 SEC. 101. Such amounts as may be necessary, at a 

10 rate for operations as provided in the applicable appro11 priations Acts for fiscal year 2021 and under the authority 

12 and conditions provided in such Acts, for continuing 

13 projects or activities (including the costs of direct loans 

14 and loan guarantees) that are not otherwise specifically 

15 provided for in this Act, that were conducted in fiscal year 

16 2021, and for which appropriations, funds, or other au17 thority were made available in the following appropriations 

18 Acts: 

19 (1) The Agriculture, Rural Development, Food 

20 and Drug Administration, and Related Agencies Ap21 propriations Act, 2021 (division A of Public Law 

22 116–260), except section 799D, and including title 

23 IV of division O of Public Law 116–260. 

24 (2) The Commerce, Justice, Science, and Re25 lated Agencies Appropriations Act, 2021 (division B 


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1 of Public Law 116–260), except the proviso in sec2 tion 541 and sections 542 and 543. 

3 (3) The Department of Defense Appropriations 

4 Act, 2021 (division C of Public Law 116–260). 

5 (4) The Energy and Water Development and 

6 Related Agencies Appropriations Act, 2021 (division 

7 D of Public Law 116–260), except the last proviso 

8 under the heading ‘‘Department of Energy—Energy 

9 Programs—Science’’, the last two provisos under the 

10 heading ‘‘Department of Energy—Energy Pro11 grams—Title 17 Innovative Technology Loan Guar12 antee Program’’, and the two provisos under the 

13 heading ‘‘Department of Energy—Energy Pro14 grams—Advanced Technology Vehicles Manufac15 turing Loan Program’’. 

16 (5) The Financial Services and General Govern17 ment Appropriations Act, 2021 (division E of Public 

18 Law 116–260), except the matter under the heading 

19 ‘‘Presidential Transition Administrative Support’’ in 

20 title II, the matter under the heading ‘‘General 

21 Services Administration—Expenses, Presidential 

22 Transition’’ in title V, the proviso and the amount 

23 specified in such proviso under the heading ‘‘District 

24 of Columbia—Federal Funds—Federal Payment for 


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1 Emergency Planning and Security Costs in the Dis2 trict of Columbia’’ in title IV, and title IX. 

3 (6) The Department of Homeland Security Ap4 propriations Act, 2021 (division F of Public Law 

5 116–260), except section 538, and including sections 

6 101 through 103 and section 105 of title I of divi7 sion O of Public Law 116–260. 

8 (7) The Department of the Interior, Environ9 ment, and Related Agencies Appropriations Act, 

10 2021 (division G of Public Law 116–260). 

11 (8) The Departments of Labor, Health and 

12 Human Services, and Education, and Related Agen13 cies Appropriations Act, 2021 (division H of Public 

14 Law 116–260), except sections 118 and 533. 

15 (9) The Legislative Branch Appropriations Act, 

16 2021 (division I of Public Law 116–260), except 

17 sections 211 and 213, and including section 7 of 

18 Public Law 116–260. 

19 (10) The Military Construction, Veterans Af20 fairs, and Related Agencies Appropriations Act, 

21 2021 (division J of Public Law 116–260), except 

22 sections 514, 515, and 517. 

23 (11) The Department of State, Foreign Oper24 ations, and Related Programs Appropriations Act, 

25 2021 (division K of Public Law 116–260), except 


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1 title IX other than sections 9001 and 9002 and the 

2 matter preceding the first proviso and the first pro3 viso under the heading ‘‘Consular and Border Secu4 rity Programs’’. 

5 (12) The Transportation, Housing and Urban 

6 Development, and Related Agencies Appropriations 

7 Act, 2021 (division L of Public Law 116–260), ex8 cept sections 420 and 421. 

9 SEC. 102. (a) No appropriation or funds made avail10 able or authority granted pursuant to section 101 for the 

11 Department of Defense shall be used for: 

12 (1) the new production of items not funded for 

13 production in fiscal year 2021 or prior years; 

14 (2) the increase in production rates above those 

15 sustained with fiscal year 2021 funds; or 

16 (3) The initiation, resumption, or continuation 

17 of any project, activity, operation, or organization 

18 (defined as any project, subproject, activity, budget 

19 activity, program element, and subprogram within a 

20 program element, and for any investment items de21 fined as a P–1 line item in a budget activity within 

22 an appropriation account and an R–1 line item that 

23 includes a program element and subprogram element 

24 within an appropriation account) for which approVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 priations, funds, or other authority were not avail2 able during fiscal year 2021. 

3 (b) No appropriation or funds made available or au4 thority granted pursuant to section 101 for the Depart5 ment of Defense shall be used to initiate multi-year pro6 curements utilizing advance procurement funding for eco7 nomic order quantity procurement unless specifically ap8 propriated later. 

9 SEC. 103. Appropriations made by section 101 shall 

10 be available to the extent and in the manner that would 

11 be provided by the pertinent appropriations Act. 

12 SEC. 104. Except as otherwise provided in section 

13 102, no appropriation or funds made available or author14 ity granted pursuant to section 101 shall be used to ini15 tiate or resume any project or activity for which appro16 priations, funds, or other authority were not available dur17 ing fiscal year 2021. 

18 SEC. 105. Appropriations made and authority grant19 ed pursuant to this Act shall cover all obligations or ex20 penditures incurred for any project or activity during the 

21 period for which funds or authority for such project or 

22 activity are available under this Act. 

23 SEC. 106. Unless otherwise provided for in this Act 

24 or in the applicable appropriations Act for fiscal year 

25 2022, appropriations and funds made available and auVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 thority granted pursuant to this Act shall be available 

2 until whichever of the following first occurs: 

3 (1) The enactment into law of an appropriation 

4 for any project or activity provided for in this Act. 

5 (2) The enactment into law of the applicable 

6 appropriations Act for fiscal year 2022 without any 

7 provision for such project or activity. 

8 (3) December 3, 2021. 

9 SEC. 107. Expenditures made pursuant to this Act 

10 shall be charged to the applicable appropriation, fund, or 

11 authorization whenever a bill in which such applicable ap12 propriation, fund, or authorization is contained is enacted 

13 into law. 

14 SEC. 108. Appropriations made and funds made 

15 available by or authority granted pursuant to this Act may 

16 be used without regard to the time limitations for submis17 sion and approval of apportionments set forth in section 

18 1513 of title 31, United States Code, but nothing in this 

19 Act may be construed to waive any other provision of law 

20 governing the apportionment of funds. 

21 SEC. 109. Notwithstanding any other provision of 

22 this Act, except section 106, for those programs that 

23 would otherwise have high initial rates of operation or 

24 complete distribution of appropriations at the beginning 

25 of fiscal year 2022 because of distributions of funding to 


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1 States, foreign countries, grantees, or others, such high 

2 initial rates of operation or complete distribution shall not 

3 be made, and no grants shall be awarded for such pro4 grams funded by this Act that would impinge on final 

5 funding prerogatives. 

6 SEC. 110. This Act shall be implemented so that only 

7 the most limited funding action of that permitted in the 

8 Act shall be taken in order to provide for continuation of 

9 projects and activities. 

10 SEC. 111. (a) For entitlements and other mandatory 

11 payments whose budget authority was provided in appro12 priations Acts for fiscal year 2021, and for activities under 

13 the Food and Nutrition Act of 2008, activities shall be 

14 continued at the rate to maintain program levels under 

15 current law, under the authority and conditions provided 

16 in the applicable appropriations Act for fiscal year 2021, 

17 to be continued through the date specified in section 

18 106(3). 

19 (b) Notwithstanding section 106, obligations for man20 datory payments due on or about the first day of any 

21 month that begins after October 2021 but not later than 

22 30 days after the date specified in section 106(3) may con23 tinue to be made, and funds shall be available for such 

24 payments. 


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1 SEC. 112. Amounts made available under section 101 

2 for civilian personnel compensation and benefits in each 

3 department and agency may be apportioned up to the rate 

4 for operations necessary to avoid furloughs within such de5 partment or agency, consistent with the applicable appro6 priations Act for fiscal year 2021, except that such author7 ity provided under this section shall not be used until after 

8 the department or agency has taken all necessary actions 

9 to reduce or defer non-personnel-related administrative ex10 penses. 

11 SEC. 113. Funds appropriated by this Act may be 

12 obligated and expended notwithstanding section 10 of 

13 Public Law 91–672 (22 U.S.C. 2412), section 15 of the 

14 State Department Basic Authorities Act of 1956 (22 

15 U.S.C. 2680), section 313 of the Foreign Relations Au16 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

17 6212), and section 504(a)(1) of the National Security Act 

18 of 1947 (50 U.S.C. 3094(a)(1)). 

19 SEC. 114. (a) Each amount incorporated by reference 

20 in this Act that was previously designated by the Congress 

21 as an emergency requirement pursuant to section 

22 251(b)(2)(A) of the Balanced Budget and Emergency 

23 Deficit Control Act of 1985 or as being for disaster relief 

24 pursuant to section 251(b)(2)(D) of such Act is des25 ignated by the Congress as an emergency requirement 


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1 pursuant to section 4001 of S. Con. Res. 14 (117th Con2 gress), the concurrent resolution on the budget for fiscal 

3 year 2022, or as being for disaster relief pursuant to sec4 tions 4004(b)(6) and 4005(f) of such concurrent resolu5 tion, respectively. 

6 (b) All references to sections 251(b)(2)(B), 

7 251(b)(2)(B)(ii)(III), 251(b)(2)(C), 251(b)(2)(C)(ii), 

8 251(b)(2)(E)(ii), 251(b)(2)(E)(i)(II), 251(b)(2)(F), and 

9 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emer10 gency Deficit Control Act of 1985 (2 U.S.C. 901(b)) shall 

11 be treated for each amount incorporated by reference in 

12 this Act in the Senate as references to sections 

13 4004(b)(1), 4004(b)(1)(B)(i), 4004(b)(3), 4004(b)(3)(B), 

14 4004(b)(4), 4004(b)(4)(B), 4004(b)(5), 4004(b)(5)(B), 

15 respectively, of S. Con. Res. 14 (117th Congress), the con16 current resolution on the budget for fiscal year 2022, and 

17 in the House of Representatives as references to sections 

18 4005(a), 4005(a)(2)(A), 4005(c), 4005(c)(2), 4005(d), 

19 4005(d)(2), 4005(e), 4005(e)(2)(A), respectively, of such 

20 concurrent resolution. 

21 (c) This section shall become effective immediately 

22 upon enactment of this Act, and shall remain in effect 

23 through the date in section 106(3). 


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1 SEC. 115. (a) Rescissions or cancellations of discre2 tionary budget authority that continue pursuant to section 

3 101 in Treasury Appropriations Fund Symbols (TAFS)— 

4 (1) to which other appropriations are not pro5 vided by this Act, but for which there is a current 

6 applicable TAFS that does receive an appropriation 

7 in this Act; or 

8 (2) which are no-year TAFS and receive other 

9 appropriations in this Act, 

10 may be continued instead by reducing the rate for oper11 ations otherwise provided by section 101 for such current 

12 applicable TAFS, as long as doing so does not impinge 

13 on the final funding prerogatives of the Congress. 

14 (b) Rescissions or cancellations described in sub15 section (a) shall continue in an amount equal to the lesser 

16 of— 

17 (1) the amount specified for rescission or can18 cellation in the applicable appropriations Act ref19 erenced in section 101 of this Act; or 

20 (2) the amount of balances available, as of Oc21 tober 1, 2021, from the funds specified for rescission 

22 or cancellation in the applicable appropriations Act 

23 referenced in section 101 of this Act. 

24 (c) No later than November 22, 2021, the Director 

25 of the Office of Management and Budget shall provide to 


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1 the Committees on Appropriations of the House of Rep2 resentatives and the Senate a comprehensive list of the 

3 rescissions or cancellations that will continue pursuant to 

4 section 101: Provided, That the information in such com5 prehensive list shall be periodically updated to reflect any 

6 subsequent changes in the amount of balances available, 

7 as of October 1, 2021, from the funds specified for rescis8 sion or cancellation in the applicable appropriations Act 

9 referenced in section 101, and such updates shall be trans10 mitted to the Committees on Appropriations of the House 

11 of Representatives and the Senate upon request. 

12 SEC. 116. Amounts made available by section 101 for 

13 ‘‘Farm Service Agency—Agricultural Credit Insurance 

14 Fund Program Account’’ may be apportioned up to the 

15 rate for operations necessary to accommodate approved 

16 applications for direct and guaranteed farm ownership 

17 loans, as authorized by 7 U.S.C. 1922 et seq. 

18 SEC. 117. Notwithstanding section 101, amounts are 

19 available to the Department of Agriculture for ‘‘Rural 

20 Business—Cooperative Service—Rural Microentrepreneur 

21 Assistance Program’’ for gross obligations for the prin22 cipal amount of direct loans as authorized by section 379E 

23 of the Consolidated Farm and Rural Development Act (7 

24 U.S.C. 2008s) not to exceed $25,000,000. 


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1 SEC. 118. (a) In carrying out the Special Supple2 mental Nutrition Program for Women, Infants, and Chil3 dren for the first quarter of fiscal year 2022, the Secretary 

4 of Agriculture shall increase the amount of a cash-value 

5 voucher to an amount recommended by the National Acad6 emies of Science, Engineering and Medicine and adjusted 

7 for inflation for women and children participants. 

8 (b) Amounts made available by section 101 to the De9 partment of Agriculture for ‘‘Domestic Food Programs10 Food and Nutrition Service-Special Supplemental Nutri11 tion Program for Women, Infants, and Children (WIC)’’ 

12 shall be apportioned at the rate for operations necessary 

13 to accommodate the increase described in subsection (a). 

14 SEC. 119. Notwithstanding sections 102 and 104, in 

15 addition to amounts otherwise provided by section 101, 

16 amounts are provided to the Department of Defense for 

17 ‘‘Procurement—Other Procurement, Air Force’’ at a rate 

18 for operations of $885,000,000, for the procurement of 

19 equipment for the Strategic Microelectronic Supply pro20 gram, and such amounts may be apportioned up to the 

21 rate for operations necessary to carry out such procure22 ments. 

23 SEC. 120. Amounts made available by section 101 to 

24 the Department of Defense for ‘‘Procurement—Procure25 ment, Defense-Wide’’ may be apportioned up to the rate 


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1 for operations necessary for the procurement of Military 

2 Global Positioning System User Equipment Increment 1 

3 Application Specific Integrated Circuits. 

4 SEC. 121. Notwithstanding sections 102 and 104, 

5 amounts made available by section 101 to the Department 

6 of Defense for ‘‘Research, Development, Test and Evalua7 tion—Research, Development, Test and Evaluation, Air 

8 Force’’ may be apportioned up to the rate of operations 

9 necessary for the acquisition of real property by the 

10 United States Government. 

11 SEC. 122. During the period covered by this Act, the 

12 limitation at section 2208(l)(3) of title 10, United States 

13 Code, shall not apply with respect to advance billing for 

14 orders for relief efforts related to the COVID–19 pan15 demic. 

16 SEC. 123. (a) Funding provided in prior Acts making 

17 appropriations for energy and water development and re18 lated agencies for fiscal years 2019, 2020, and 2021 under 

19 the heading ‘‘Department of the Interior—Bureau of Rec20 lamation—Water and Related Resources’’ for carrying out 

21 section 4007 of Public Law 114–322 shall be made avail22 able, in accordance with that section and as recommended 

23 by the Secretary in a letter dated July 23, 2021, for the 

24 construction, pre-construction, or study of the North-of25 the-Delta Off Stream Storage (Sites Reservoir Project), 


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1 the Los Vaqueros Reservoir Phase 2 Expansion Project, 

2 the B.F. Sisk Dam Raise and Reservoir Expansion 

3 Project, and the Del Puerto Canyon Reservoir. 

4 (b) Funding provided in the Energy and Water De5 velopment and Related Agencies Appropriations Act, 2021 

6 under the heading ‘‘Department of the Interior—Bureau 

7 of Reclamation—Water and Related Resources’’ for car8 rying out section 4009(a) of Public Law 114–322 shall 

9 be made available, in accordance with that section and as 

10 recommended by the Secretary in a letter dated July 23, 

11 2021, for the North Pleasant Valley Desalter Facility, the 

12 Mission Basin Groundwater Purification Facility Well Ex13 pansion and Brine Minimization Project, the Los Robles 

14 Desalter Project, and the Regional Brackish Water Rec15 lamation Program. 

16 (c) Funding provided in the Energy and Water Devel17 opment and Related Agencies Appropriations Act, 2021 

18 under the heading ‘‘Department of the Interior—Bureau 

19 of Reclamation—Water and Related Resources’’ for car20 rying out section 4009(c) of Public Law 114–322 shall 

21 be made available, in accordance with that section and as 

22 recommended by the Secretary in a letter dated July 23, 

23 2021, for the El Paso Aquifer Storage and Recovery 

24 Using Reclaimed Water Project, the Pure Water Soquel: 

25 Groundwater Replenishment and Seawater Intrusion PreVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 vention Project, the North San Diego Water Reuse Coali2 tion Project, the Pure Water Oceanside Project, the City 

3 of Santa Fe Reuse Pipeline Project, the Replenish Big 

4 Bear Project, the Central Coast Blue: Recycled Water 

5 Project, the Harvest Water Program, the East County Ad6 vanced Water Purification Program: Phase Two, the Ven7 tura Water Pure Program, and the San Juan Watershed 

8 Project. 

9 SEC. 124. (a) During the period covered by this Act, 

10 title I of Public Law 108–361 (the Calfed Bay-Delta Au11 thorization Act) (118 Stat. 1681), as amended by section 

12 4007(k) of Public Law 114–322, shall be applied by sub13 stituting ‘‘2022’’ for ‘‘2021’’ each place it appears. 

14 (b) During the period covered by this Act, section 

15 9106(g)(2) of Public Law 111–11 (Omnibus Public Land 

16 Management Act of 2009) shall be applied by substituting 

17 ‘‘2022’’ for ‘‘2021’’. 

18 (c) During the period covered by this Act, section 

19 104(c) of the Reclamation States Emergency Drought Re20 lief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by 

21 substituting ‘‘2022’’ for ‘‘2021’’. 

22 (d) During the period covered by this Act, section 301 

23 of the Reclamation States Emergency Drought Relief Act 

24 of 1991 (43 U.S.C. 2241) shall be applied by substituting 

25 ‘‘2022’’ for ‘‘2021’’. 


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1 SEC. 125. (a) Notwithstanding section 101, section 

2 506 of division D of Public Law 116–260 shall be applied 

3 by substituting ‘‘$841,000,000’’ for ‘‘$291,000,000’’. 

4 (b) Amounts provided by this Act for ‘‘Department 

5 of Energy—Energy Programs—Uranium Enrichment De6 contamination and Decommissioning Fund’’ may be ap7 portioned up to the rate for operations necessary to avoid 

8 disruption of continuing projects or activities funded in 

9 this appropriation. 

10 (c) The Secretary of Energy shall notify the Commit11 tees on Appropriations of the House of Representatives 

12 and the Senate not later than 3 days after each use of 

13 the authority provided in subsection (b). 

14 SEC. 126. Notwithstanding section 101, amounts are 

15 provided for ‘‘Executive Office of the President and Funds 

16 Appropriated to the President—The White House—Sala17 ries and Expenses’’ at a rate for operations of 

18 $60,000,000. 

19 SEC. 127. Notwithstanding section 101, amounts are 

20 provided for ‘‘General Services Administration—Allow21 ances and Office Staff for Former Presidents’’ at a rate 

22 for operations of $5,000,000. 

23 SEC. 128. Amounts made available by section 101 for 

24 ‘‘Small Business Administration—Business Loans Pro25 gram Account’’ may be apportioned up to the rate for opVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 erations necessary to accommodate increased demand for 

2 commitments for general business loans authorized under 

3 paragraphs (1) through (35) of section 7(a) of the Small 

4 Business Act (15 U.S.C. 636(a)), for guarantees of trust 

5 certificates authorized by section 5(g) of the Small Busi6 ness Act (15 U.S.C. 634(g)), for commitments to guar7 antee loans under section 503 of the Small Business In8 vestment Act of 1958 (15 U.S.C. 697), and for commit9 ments to guarantee loans for debentures under section 

10 303(b) of the Small Business Investment Act of 1958 (15 

11 U.S.C. 683(b)). 

12 SEC. 129. Notwithstanding section 101, amounts are 

13 provided for ‘‘District of Columbia—Federal Funds— 

14 Federal Payment to the Court Services and Offender Su15 pervision Agency for the District of Columbia’’ at a rate 

16 for operations of $249,754,000: Provided, That the second 

17 proviso under such heading in title IV of division E of 

18 Public Law 116–260 shall be applied by substituting 

19 ‘‘$70,574,000’’ for ‘‘$66,743,000’’. 

20 SEC. 130. Notwithstanding any other provision of 

21 this Act, except section 106, the District of Columbia may 

22 expend local funds made available under the heading ‘‘Dis23 trict of Columbia—District of Columbia Funds’’ for such 

24 programs and activities under the District of Columbia 

25 Appropriations Act, 2021 (title IV of division E of Public 


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1 Law 116–260) at the rate set forth in the Fiscal Year 

2 2022 Local Budget Act of 2021 (D.C. Act 24–173), as 

3 modified as of the date of enactment of this Act. 

4 SEC. 131. Section 330(e)(3) of title 11, United States 

5 Code, is amended by striking ‘‘in that fiscal year’’ at the 

6 end of the paragraph. 

7 SEC. 132. In addition to amounts otherwise provided 

8 by section 101, an amount is provided to the Department 

9 of Homeland Security for ‘‘U.S. Citizenship and Immigra10 tion Services—Operations and Support’’ for application 

11 processing, the reduction of backlogs within asylum, field, 

12 and service center offices, and support of the refugee pro13 gram at a rate for operations of $250,000,000: Provided, 

14 That such amounts shall be in addition to any other funds 

15 made available for such purposes, and shall not be con16 strued to require any reduction of any fee described in 

17 section 286(m) of the Immigration and Nationality Act 

18 (8 U.S.C. 1356(m)): Provided further, That prior to the 

19 obligation of such resources, U.S. Citizenship and Immi20 gration Services shall provide to the Committees on Ap21 propriations of the Senate and the House of Representa22 tives an expenditure plan that identifies backlog reduction 

23 metrics and quarterly reports on the execution of such 

24 plan. 


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1 SEC. 133. Amounts made available by section 101 to 

2 the Department of Homeland Security under the heading 

3 ‘‘Federal Emergency Management Agency—Disaster Re4 lief Fund’’ may be apportioned up to the rate for oper5 ations necessary to carry out response and recovery activi6 ties under the Robert T. Stafford Disaster Relief and 

7 Emergency Assistance Act (42 U.S.C. 5121 et seq.). 

8 SEC. 134. (a) Sections 1309(a) and 1319 of the Na9 tional Flood Insurance Act of 1968 (42 U.S.C. 4016(a) 

10 and 4026) shall be applied by substituting the date speci11 fied in section 106(3) of this Act for ‘‘September 30, 

12 2021’’. 

13 (b) If this Act is enacted after September 30, 2021, 

14 this section shall be applied as if it were in effect on Sep15 tember 30, 2021. 

16 SEC. 135. Amounts made available by section 101 for 

17 ‘‘Department of the Interior—National Park Service— 

18 National Recreation and Preservation’’ for heritage part19 nership programs may be used to provide financial assist20 ance to any national heritage area, national heritage cor21 ridor, cultural heritage corridor, national heritage partner22 ship, national heritage route, national heritage canalway, 

23 and battlefields national historic district established as of 

24 September 1, 2021, notwithstanding any statutory sunset 

25 provision terminating the Secretary’s authority to provide 


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1 assistance to any such area and notwithstanding any limi2 tation on amounts authorized to be appropriated with re3 spect to any such area: Provided, That the Commission 

4 sunset provision in section 804(j) of division B of H.R. 

5 5666 (Appendix D), as amended, as enacted into law by 

6 section 1(a)(4) of Public Law 106– 554, shall be applied 

7 by substituting the date specified in section 106(3) of this 

8 Act for ‘‘September 30, 2021’’: Provided further, That the 

9 authority in section 295D of Public Law 109–338, as 

10 amended, shall continue in effect through the date speci11 fied in section 106(3) of this Act. 

12 SEC. 136. Notwithstanding subsection (c)(2)(B) of 

13 section 200303 of title 54, United States Codes, during 

14 the period covered by this Act amounts made available 

15 from the Land and Water Conservation Fund for fiscal 

16 year 2022 pursuant to subsection (a) of such section of 

17 such title shall be allocated by the Secretary of the Interior 

18 or the Secretary of Agriculture, as appropriate, only for 

19 the following agencies and accounts, for the purposes spec20 ified, and in the amounts specified multiplied by the per21 centage of fiscal year 2022 covered by this Act: 

22 (1) ‘‘Department of the Interior—Bureau of 

23 Land Management—Land Acquisition’’, $7,500,000, 

24 for Acquisition Management; 


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1 (2) ‘‘Department of the Interior—United States 

2 Fish and Wildlife Service—Land Acquisition’’, 

3 $17,000,000, for Land Acquisition Management; 

4 (3) ‘‘Department of the Interior—National 

5 Park Service—Land Acquisition and State Assist6 ance’’, $14,500,000, for Acquisition Management; 

7 (4) ‘‘Department of the Interior—Office of the 

8 Secretary—Departmental Operations’’, $19,000,000, 

9 for Management Services, Appraisal and Valuation 

10 Service Offices-Federal Lands; 

11 (5) ‘‘Department of Agriculture—Forest Serv12 ice—State and Private Forestry’’, $6,400,000, for 

13 Administrative Funds; and 

14 (6) ‘‘Department of Agriculture—Forest Serv15 ice—Land Acquisition’’, $12,000,000, for Acquisi16 tion Management. 

17 SEC. 137. (a) In addition to amounts provided by sec18 tion 101, amounts are provided for ‘‘Department of 

19 Health and Human Services—Indian Health Service—In20 dian Health Services’’ at a rate for operations of 

21 $22,080,000, for an additional amount for costs of staff22 ing and operating facilities that were opened, renovated, 

23 or expanded in fiscal years 2021 and 2022, and such 

24 amounts may be apportioned up to the rate for operations 

25 necessary to staff and operate such facilities. 


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1 (b) In addition to amounts provided by section 101, 

2 amounts are provided for ‘‘Department of Health and 

3 Human Services—Indian Health Service—Indian Health 

4 Facilities’’ at a rate for operations of $2,261,000, for an 

5 additional amount for costs of staffing and operating fa6 cilities that were opened, renovated, or expanded in fiscal 

7 years 2021 and 2022, and such amounts may be appor8 tioned up to the rate for operations necessary to staff and 

9 operate such facilities. 

10 SEC. 138. In addition to amounts otherwise provided 

11 by section 101, for ‘‘Department of Health and Human 

12 Services—Centers for Disease Control and Prevention— 

13 Environmental Health’’, there is appropriated $1,500,000, 

14 for an additional amount for fiscal year 2022, to remain 

15 available until September 30, 2022, for the Vessel Sanita16 tion Program. 

17 SEC. 139. (a) Funds made available in Public Law 

18 114–113 to the accounts of the National Institutes of 

19 Health that were available for obligation through fiscal 

20 year 2016 and were obligated for multi-year research 

21 grants shall be available through fiscal year 2022 for the 

22 liquidation of valid obligations incurred in fiscal year 2016 

23 if the Director of the National Institutes of Health deter24 mines the project suffered an interruption of activities at25 tributable to COVID–19. 


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1 (b)(1) Subject to paragraph (2), this section shall be2 come effective immediately upon enactment of this Act. 

3 (2) If this Act is enacted after September 30, 

4 2021, this section shall be applied as if it were in 

5 effect on September 30, 2021. 

6 SEC. 140. In addition to amounts provided by section 

7 101, amounts are provided for ‘‘Department of Health 

8 and Human Services—Substance Abuse and Mental 

9 Health Services Administration—Mental Health’’ at a 

10 rate for operations of $77,621,000 for an additional 

11 amount for carrying out section 520E–3 of the Public 

12 Health Service Act (42 U.S.C. 290bb–36c), and such 

13 amounts may be apportioned up to the rate for operations 

14 necessary to operate and maintain the National Suicide 

15 Prevention Lifeline program. 

16 SEC. 141. In addition to amounts otherwise provided 

17 by this Act, for ‘‘Department of Health and Human Serv18 ices—Administration for Children and Families—Refugee 

19 and Entrant Assistance’’, there is appropriated 

20 $2,500,000,000, for an additional amount for fiscal year 

21 2022, to remain available until September 30, 2024, to 

22 carry out section 462 of the Homeland Security Act of 

23 2002 and section 235 of the William Wilberforce Traf24 ficking Victims Protection Reauthorization Act of 2008: 

25 Provided, That not later than November 1, 2021, the SecVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 retary of Health and Human Services shall submit to the 

2 Committees on Appropriations of the House of Represent3 atives and the Senate a report detailing steps taken and 

4 planned to be taken by the Department to phase out the 

5 use of emergency intake sites and a detailed plan for end6 ing the use of emergency intake sites, including a timeline 

7 of major milestones and projections for delivered online 

8 bed capacity by facility type: Provided further, That such 

9 report shall include an aligned spend plan for estimated 

10 fiscal year 2022 obligations by major category: Provided 

11 further, That the Secretary shall submit monthly reports 

12 during fiscal year 2022 to the Committees on Appropria13 tions on all obligations and expenditures incurred by the 

14 Department for carrying out such sections 462 and 235: 

15 Provided further, That such amount is designated by the 

16 Congress as being for an emergency requirement pursuant 

17 to section 4001(a)(1) and section 4001(b) of S. Con. Res. 

18 14 (117th Congress), the concurrent resolution on the 

19 budget for fiscal year 2022. 

20 SEC. 142. Amounts made available by section 101 for 

21 ‘‘Department of Health and Human Services—Adminis22 tration for Children and Families—Refugee and Entrant 

23 Assistance’’ may be apportioned up to the rate for oper24 ations necessary to carry out section 462 of the Homeland 

25 Security Act of 2002 and section 235 of the William WilVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 berforce Trafficking Victims Protection Reauthorization 

2 Act of 2008, and up to the rate for operations necessary 

3 for activities authorized by section 414 of the Immigration 

4 and Nationality Act and section 501 of the Refugee Edu5 cation Assistance Act of 1980. 

6 SEC. 143. Not later than 90 days after the date of 

7 enactment of this Act, and every 90 days thereafter 

8 through fiscal year 2022, the Secretary of Health and 

9 Human Services shall provide a report to the Committees 

10 on Appropriations of the House of Representatives and the 

11 Senate on (1) the total number of children that the Office 

12 of Refugee Resettlement has released to sponsors living 

13 in the United States, disaggregated by State, and (2) the 

14 number of children that the Office of Refugee Resettle15 ment has released to sponsors living in the United States 

16 for whom the Office of Refugee Resettlement has success17 fully conducted safety and welfare checks, and provided 

18 post-release services as appropriate, for the most recent 

19 quarter such data are available. 

20 SEC. 144. Not later than 10 days after the date of 

21 enactment of this Act, the Secretary of Health and 

22 Human Services shall provide a report to the Committees 

23 on Appropriations of the House of Representatives and the 

24 Senate, and disclose on a publicly available website, on all 

25 transfers made for carrying out section 462 of the HomeVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 land Security Act of 2002 or section 235 of the William 

2 Wilberforce Trafficking Victims Protection Reauthoriza3 tion Act of 2008 during fiscal year 2021. This report shall 

4 include: (1) a list of the source of funds transferred by 

5 public law;(2) the program, project, or activity funds were 

6 transferred from and the corresponding amount that was 

7 transferred;(3) date of transfer;(4) the number of children 

8 referred to the Office of Refugee Resettlement (ORR) by 

9 month for fiscal year 2021; and(5) the age distribution 

10 of the children referred to ORR by month for fiscal year 

11 2021: Provided, That the report shall be updated every 

12 30 days throughout fiscal year 2022. 

13 SEC. 145. During the period covered by this Act, for 

14 services furnished under the Community Services Block 

15 Grant Act (‘‘CSBG Act’’) with funds made available by 

16 this Act, by the Consolidated Appropriations Act, 2021 

17 (Public Law 116–260), or by the Coronavirus Aid, Relief, 

18 and Economic Security Act (Public Law 116–136), States 

19 may apply the last sentence of section 673(2) of the CSBG 

20 Act by substituting ‘‘200 percent’’ for ‘‘125 percent’’. 

21 SEC. 146. For purposes of annual leave accumulated 

22 in fiscal year 2021, the authority provided in section 2106 

23 of division C of Public Law 116–159 shall apply to such 

24 leave by substituting ‘‘2021’’ for ‘‘2020’’ in subsections 

25 (a) and (d). 


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1 SEC. 147. Activities authorized by part A of title IV 

2 (other than under section 403(c) or 418) and section 

3 1108(b) of the Social Security Act shall continue through 

4 the date specified in section 106(3), in the manner author5 ized for fiscal year 2021, and out of any money in the 

6 Treasury of the United States not otherwise appropriated, 

7 there are hereby appropriated such sums as may be nec8 essary for such purpose. 

9 SEC. 148. Section 114(f) of the Higher Education 

10 Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by sub11 stituting the date specified in section 106(3) of this Act 

12 for ‘‘September 30, 2021’’. 

13 SEC. 149. Section 458(a)(4) of the Higher Education 

14 Act of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied 

15 through the date specified in section 106(3) of this Act 

16 by substituting ‘‘2022’’ for ‘‘2021’’. 

17 SEC. 150. Notwithstanding section 101, section 116 

18 of division J of Public Law 116–260 shall be applied dur19 ing the period covered by this Act by substituting ‘‘fifth 

20 fiscal year’’ for ‘‘fourth fiscal year’’. 

21 SEC. 151. During the period covered by this Act, the 

22 Secretary of Veterans Affairs may transfer up to 

23 $193,500,000 of the unobligated balances from amounts 

24 made available for fiscal year 2021 under the heading 

25 ‘‘Veterans Health Administration—Medical Services’’ in 


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1 title II of division F of the Further Consolidated Appro2 priations Act, 2020 (Public Law 116–94), or in section 

3 8002 of title VIII of the American Rescue Plan Act of 

4 2021 (Public Law 117–2) to the following accounts of the 

5 Department in the amounts specified: 

6 (1) ‘‘Veterans Benefits Administration—Gen7 eral Operating Expenses, Veterans Benefits Admin8 istration’’, up to $178,000,000; 

9 (2) ‘‘Departmental Administration—Board of 

10 Veterans Appeals’’, up to $5,800,000; and 

11 (3) ‘‘Departmental Administration—Informa12 tion Technology Systems’’, up to $9,700,000: 

13 Provided, That the transferred amounts shall be used, in 

14 addition to any other amounts available for such purposes, 

15 for personnel costs and other expenses to implement the 

16 interim final rule entitled ‘‘Presumptive Service Connec17 tion for Respiratory Conditions Due to Exposure to Par18 ticulate Matter’’, published on August 5, 2021 (86 FR 

19 42724), and any revisions to such rule. 

20 SEC. 152. Amounts made available by section 101 to 

21 United States Government-funded entities for ‘‘Related 

22 Agency—United States Agency for Global Media—Inter23 national Broadcasting Operations’’, ‘‘Related Programs— 

24 The Asia Foundation’’, ‘‘Related Programs—United 

25 States Institute of Peace’’, and ‘‘Related Programs—NaVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 tional Endowment for Democracy’’ may be apportioned up 

2 to the rate for operations necessary to support the evacu3 ation of Afghan journalists and other Afghan employees 

4 of such entities, following consultation with the Commit5 tees on Appropriations. 

6 SEC. 153. Section 21009 of the Coronavirus Aid, Re7 lief, and Economic Security Act (Public Law 116–136) 

8 shall continue in effect through the date specified in sec9 tion 106(3) of this Act. 

10 SEC. 154. Amounts made available by section 101 to 

11 the United States International Development Finance 

12 Corporation for ‘‘Corporate Capital Account’’ and paid to 

13 the ‘‘Program Account’’ shall be available for the costs 

14 of modifying loans and loan guarantees transferred to the 

15 Corporation pursuant to section 1463 of the BUILD Act 

16 of 2018 (division F of Public Law 115–254): Provided, 

17 That such costs shall be as defined in section 502 of the 

18 Congressional Budget Act of 1974. 

19 SEC. 155. Section 1334 of the Foreign Affairs Re20 form and Restructuring Act of 1998 (22 U.S.C. 6553) 

21 shall be applied by substituting the date specified in sec22 tion 106(3) of this Act for ‘‘October 1, 2021’’. 

23 SEC. 156. Notwithstanding section 101, amounts are 

24 provided for ‘‘Department of Transportation—Office of 

25 the Secretary—Payments to Air Carriers’’ at a rate for 


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1 operations of $247,700,000, and such amounts may be ap2 portioned up to the rate for operations necessary to main3 tain Essential Air Service program operations. 

4 SEC. 157. Amounts made available by section 101 to 

5 the Department of Housing and Urban Development in 

6 the third paragraph under the heading ‘‘Public and Indian 

7 Housing—Native American Programs’’ may be appor8 tioned up to the rate for operations necessary to accommo9 date demand for guaranteed notes and other obligations 

10 as authorized by title VI of the Native American Housing 

11 Assistance and Self-Determination Act of 1996. 

12 SEC. 158. In addition to amounts otherwise provided 

13 by section 101, for ‘‘Procurement—Procurement, De14 fense-Wide’’, there is appropriated $1,000,000,000, for an 

15 additional amount for fiscal year 2022, to remain available 

16 until September 30, 2024, which shall be for the Secretary 

17 of Defense to provide to the Government of Israel for the 

18 procurement of the Iron Dome defense system to counter 

19 short-range rocket threats: Provided, That such funds 

20 shall be provided to address emergent requirements in 

21 support of Operation Guardian of the Walls: Provided fur22 ther, That such funds shall be transferred pursuant to an 

23 exchange of letters and are in addition to funds provided 

24 pursuant to the U.S.-Israel Iron Dome Procurement 

25 Agreement, as amended: Provided further, That nothing 


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1 in the preceding provisos shall be construed to apply to 

2 amounts made available in prior appropriations Acts for 

3 the procurement of the Iron Dome defense system: Pro4 vided further, That such amount is designated by the Con5 gress as being for an emergency requirement pursuant to 

6 section 4001(a)(1) and section 4001(b) of S. Con. Res. 

7 14 (117th Congress), the concurrent resolution on the 

8 budget for fiscal year 2022. 

9 This division may be cited as the ‘‘Continuing Appro10 priations Act, 2022’’. 


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1 DIVISION B—DISASTER RELIEF SUPPLE2 MENTAL APPROPRIATIONS ACT, 2022 

3 The following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2022, and for other pur6 poses, namely: 

7 TITLE I 

8 DEPARTMENT OF AGRICULTURE 

9 AGRICULTURAL PROGRAMS 

10 PROCESSING, RESEARCH AND MARKETING

11 OFFICE OF THE SECRETARY

12 For an additional amount for the ‘‘Office of the Sec13 retary’’, $10,000,000,000, which shall remain available 

14 until December 31, 2023, for necessary expenses related 

15 to losses of crops (including milk, on-farm stored commod16 ities, crops prevented from planting in 2020 and 2021, 

17 and harvested adulterated wine grapes), trees, bushes, and 

18 vines, as a consequence of droughts, wildfires, hurricanes, 

19 floods, derechos, excessive heat, winter storms, freeze, in20 cluding a polar vortex, smoke exposure, quality losses of 

21 crops, and excessive moisture occurring in calendar years 

22 2020 and 2021 under such terms and conditions as deter23 mined by the Secretary: Provided, That, with respect to 

24 smoke tainted wine grapes, the loss (including a quality 

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1 fire, as determined by the Secretary, is considered a quali2 fied loss: Provided further, That losses due to drought 

3 shall only be eligible under this heading in this Act if any 

4 area within the county in which the loss occurs was rated 

5 by the U.S. Drought Monitor as having a D2 (Severe 

6 Drought) for eight consecutive weeks or a D3 (Extreme 

7 Drought) or higher level of drought intensity during the 

8 applicable calendar years: Provided further, That of the 

9 amounts provided under this heading in this Act, the Sec10 retary shall use $750,000,000 to provide assistance to pro11 ducers of livestock, as determined by the Secretary of Ag12 riculture, for losses incurred during calendar year 2021 

13 due to drought or wildfires: Provided further, That at the 

14 election of a processor eligible for a loan under section 

15 156 of the Federal Agriculture Improvement and Reform 

16 Act of 1996 (7 U.S.C. 7272) or a cooperative processor 

17 of dairy, the Secretary shall make payments for losses in 

18 2021 to such processors (to be paid to producer members, 

19 as determined by such processors) in lieu of payments to 

20 producers and under the same terms and conditions as 

21 payments made to processors pursuant to title I of the 

22 Additional Supplemental Appropriations for Disaster Re23 lief Act, 2019 (Public Law 116–20) under the heading 

24 ‘‘Department of Agriculture—Agricultural Programs— 

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1 retary’’, as last amended by section 791(c) of title VII of 

2 division B of the Further Consolidated Appropriations 

3 Act, 2020 (Public Law 116–94): Provided further, That 

4 notwithstanding section 760.1503(j) of title 7 of the Code 

5 of Federal Regulations, in the event that a processor de6 scribed in the preceding proviso does not elect to receive 

7 payments under such clause, the Secretary shall make di8 rect payments to producers under this heading in this Act: 

9 Provided further, That of the amounts provided under this 

10 heading in this Act, not more than one percent of the 

11 funds provided herein may be used for administrative 

12 costs, including for streamlining the application process 

13 and easing the burden on county office employees, to carry 

14 out the matter under this heading in this Act: Provided 

15 further, That, except as otherwise provided under this 

16 heading in this Act, the Secretary shall impose payment 

17 limitations consistent with section 760.1507 of title 7, 

18 Code of Federal Regulations (as in effect on the date of 

19 enactment of this Act): Provided further, That, in the case 

20 of specialty crops or high value crops, as determined by 

21 the Secretary, the Secretary shall impose payment limita22 tions consistent with section 760.1507(a)(2) of title 7, 

23 Code of Federal Regulations (as in effect on January 1, 

24 2019): Provided further, That, with respect to the payment 

25 limitations described under this heading in this Act, the 


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1 Secretary shall apply separate payment limits for each of 

2 2020 and 2021: Provided further, That the total amount 

3 of payments received under this heading in this Act and 

4 applicable policies of crop insurance under the Federal 

5 Crop Insurance Act (7 U.S.C. 1501 et seq.) or the Non6 insured Crop Disaster Assistance Program (NAP) under 

7 section 196 of the Federal Agriculture Improvement and 

8 Reform Act of 1996 (7 U.S.C. 7333) (minus any pre9 miums or fees paid for such coverages) shall not exceed 

10 90 percent of the loss as determined by the Secretary: Pro11 vided further, That the total amount of payments received 

12 under this heading in this Act for producers who did not 

13 obtain a policy or plan of insurance for an insurable com14 modity for the applicable crop year under the Federal 

15 Crop Insurance Act (7 U.S.C. 1501 et seq.) for the crop 

16 incurring the losses or did not file the required paperwork 

17 and pay the service fee by the applicable State filing dead18 line for a noninsurable commodity for the applicable crop 

19 year under NAP for the crop incurring the losses shall 

20 not exceed 70 percent of the loss as determined by the 

21 Secretary: Provided further, That producers receiving pay22 ments under this heading in this Act, as determined by 

23 the Secretary, shall be required to purchase crop insurance 

24 where crop insurance is available for the next two available 

25 crop years and producers receiving payments under this 


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1 heading in this Act shall be required to purchase coverage 

2 under NAP where crop insurance is not available in the 

3 next two available crop years, as determined by the Sec4 retary: Provided further, That not later than 120 days 

5 after the end of fiscal year 2021, the Secretary shall sub6 mit a report to the Congress specifying the type, amount, 

7 and method of such assistance by state and territory. 

8 FARM PRODUCTION AND CONSERVATION 

9 PROGRAMS 

10 NATURAL RESOURCES CONSERVATION SERVICE

11 WATERSHED AND FLOOD PREVENTION OPERATIONS

12 For an additional amount for ‘‘Watershed and Flood 

13 Prevention Operations’’ for necessary expenses for the 

14 Emergency Watershed Protection Program, 

15 $275,000,000, to remain available until expended, which 

16 shall be in addition to amounts otherwise available for 

17 such purposes. 

18 TITLE II 

19 DEPARTMENT OF COMMERCE 

20 NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY

21 SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES

22 For an additional amount for ‘‘Scientific and Tech23 nical Research and Services’’ for necessary expenses to 

24 carry out investigations of building failures pursuant to 

25 the National Construction Safety Team Act of 2002 (15 


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1 U.S.C. 7301), $22,000,000, to remain available until Sep2 tember 30, 2023. 

3 NATIONAL OCEANIC AND ATMOSPHERIC

4 ADMINISTRATION

5 OPERATIONS, RESEARCH, AND FACILITIES

6 For an additional amount for ‘‘Operations, Research, 

7 and Facilities’’ for necessary expenses related to the con8 sequences of hurricanes and of wildfires in calendar years 

9 2020 and 2021, $92,834,000, to remain available until 

10 September 30, 2023, as follows: 

11 (1) $4,709,000 for repair and replacement of 

12 observing assets, real property, and equipment; 

13 (2) $3,425,000 for marine debris assessment 

14 and removal; 

15 (3) $4,700,000 for mapping, charting, and ge16 odesy services; 

17 (4) $35,000,000 to improve: (A) hurricane in18 tensity and track forecasting, including through de19 ployment of unmanned ocean observing platforms 

20 and enhanced data assimilation; and(B) precipita21 tion and flood prediction, forecasting, and mitigation 

22 capabilities; 

23 (5) $20,000,000 to improve wildfire research, 

24 prediction, detection, forecasting, monitoring, data 


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1 management, and communication and engagement; 

2 and 

3 (6) $25,000,000 for Title IX Fund grants as 

4 authorized under section 906(c) of division O of 

5 Public Law 114–113: 

6 Provided, That the National Oceanic and Atmospheric Ad7 ministration shall submit a spending plan to the Commit8 tees on Appropriations of the House of Representatives 

9 and the Senate within 45 days after the date of enactment 

10 of this Act. 

11 PROCUREMENT, ACQUISITION AND CONSTRUCTION

12 For an additional amount for ‘‘Procurement, Acquisi13 tion and Construction’’ for necessary expenses related to 

14 the consequences of hurricanes and of wildfires in calendar 

15 years 2020 and 2021, $52,205,000, to remain available 

16 until September 30, 2024, as follows: 

17 (1) $2,205,000 for repair and replacement of 

18 observing assets, real property, and equipment; and 

19 (2) $50,000,000 for improvements to oper20 ational and research weather and climate supercom21 puting and dissemination infrastructure, observing 

22 assets, and satellites, along with associated ground 

23 systems, used for hurricane intensity and track pre24 diction; precipitation and flood prediction, foreVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 casting, and mitigation; and wildfire research, pre2 diction, detection, forecasting, and monitoring: 

3 Provided, That the National Oceanic and Atmospheric Ad4 ministration shall submit a spending plan to the Commit5 tees on Appropriations of the House of Representatives 

6 and the Senate within 45 days after the date of enactment 

7 of this Act. 

8 FISHERIES DISASTER ASSISTANCE

9 For an additional amount for ‘‘Fisheries Disaster As10 sistance’’ for necessary expenses associated with the miti11 gation of fishery disasters, $200,000,000, to remain avail12 able until expended: Provided, That such funds shall be 

13 used for mitigating the effects of commercial fishery fail14 ures and fishery resource disasters declared by the Sec15 retary of Commerce, including those declared by the Sec16 retary to be a direct result of hurricanes in calendar years 

17 2020 and 2021. 

18 SCIENCE 

19 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

20 CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND

21 RESTORATION

22 (INCLUDING TRANSFER OF FUNDS)

23 For an additional amount for ‘‘Construction and En24 vironmental Compliance and Restoration’’ for repair at 

25 National Aeronautics and Space Administration facilities 


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1 damaged by Hurricanes Zeta and Ida, $321,400,000, to 

2 remain available until expended: Provided, That up to 15 

3 percent of such amount may be transferred to ‘‘Explo4 ration’’ for necessary expenses related to flight hardware, 

5 tooling, production and schedule delays caused by Hurri6 cane Ida: Provided further, That except as provided in the 

7 preceding proviso, the amounts appropriated under this 

8 heading in this Act shall not be available for transfer 

9 under any transfer authority provided for the National 

10 Aeronautics and Space Administration in an appropriation 

11 Act for fiscal year 2022. 

12 NATIONAL SCIENCE FOUNDATION

13 MAJOR RESEARCH EQUIPMENT AND FACILITIES

14 CONSTRUCTION

15 For an additional amount for ‘‘Major Research 

16 Equipment and Facilities Construction’’ for necessary ex17 penses related to the National Science Foundation Re18 gional Class Research Vessel construction impacted by 

19 Hurricane Ida, $25,000,000, to remain available until ex20 pended. 

21 RELATED AGENCIES 

22 LEGAL SERVICES CORPORATION

23 PAYMENT TO THE LEGAL SERVICES CORPORATION

24 For an additional amount for ‘‘Payment to the Legal 

25 Services Corporation’’ to carry out the purposes of the 


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1 Legal Services Corporation Act by providing for necessary 

2 expenses related to the consequences of hurricanes, 

3 wildfires, other extreme weather, and earthquakes that oc4 curred during calendar years 2020 and 2021, 

5 $40,000,000, to remain available until September 30, 

6 2022: Provided, That none of the funds appropriated in 

7 this Act to the Legal Services Corporation shall be ex8 pended for any purpose prohibited or limited by, or con9 trary to any of the provisions of, sections 501, 502, 503, 

10 504, 505, and 506 of Public Law 105–119, and all funds 

11 appropriated in this Act to the Legal Services Corporation 

12 shall be subject to the same terms and conditions set forth 

13 in such sections, except that all references in sections 502 

14 and 503 to 1997 and 1998 shall be deemed to refer in15 stead to 2021 and 2022, respectively, and except that sec16 tions 501 and 503 of Public Law 104–134 (referenced by 

17 Public Law 105–119) shall not apply to the amount made 

18 available under this heading: Provided further, That, for 

19 the purposes of this Act, the Legal Services Corporation 

20 shall be considered an agency of the United States. 


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1 TITLE III 

2 DEPARTMENT OF DEFENSE 

3 DEPARTMENT OF DEFENSE—MILITARY 

4 OPERATION AND MAINTENANCE 

5 OPERATION AND MAINTENANCE, NAVY

6 For an additional amount for ‘‘Operation and Main7 tenance, Navy’’, $565,000,000, to remain available until 

8 September 30, 2022, for necessary expenses related to the 

9 consequences of severe storms, straight-line winds, flood10 ing, tornadoes, earthquakes, wildfires, and hurricanes oc11 curring in calendar years 2020 and 2021. 

12 OPERATION AND MAINTENANCE, AIR FORCE

13 For an additional amount for ‘‘Operation and Main14 tenance, Air Force’’, $330,000,000, to remain available 

15 until September 30, 2022, for necessary expenses related 

16 to the consequences of Winter Storm Uri occurring in cal17 endar year 2021. 

18 GENERAL PROVISION—THIS TITLE 

19 SEC. 1301. Notwithstanding any other provision of 

20 law, funds provided by this title shall only be for the pur21 poses specified, and shall not be subject to any transfer 

22 authority provided by law. 


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1 TITLE IV 

2 CORPS OF ENGINEERS—CIVIL 

3 DEPARTMENT OF THE ARMY 

4 INVESTIGATIONS

5 For an additional amount for ‘‘Investigations’’ for 

6 necessary expenses related to the completion, or initiation 

7 and completion, of flood and storm damage reduction, in8 cluding shore protection, studies that are currently au9 thorized or that are authorized after the date of enactment 

10 of this Act, to reduce risk from future floods and hurri11 canes, at full Federal expense, $100,000,000, to remain 

12 available until expended: Provided, That funds made avail13 able under this heading in this Act shall be for high-pri14 ority studies of projects in States with a major disaster 

15 declared due to Hurricane Ida pursuant to the Robert T. 

16 Stafford Disaster Relief and Emergency Assistance Act 

17 (42 U.S.C. 5121 et seq.) in fiscal year 2021: Provided fur18 ther, That the Assistant Secretary of the Army for Civil 

19 Works shall provide a monthly report directly to the Com20 mittees on Appropriations of the House of Representatives 

21 and the Senate detailing the allocation and obligation of 

22 these funds, including new studies selected to be initiated 

23 using funds provided under this heading in this Act, begin24 ning not later than 60 days after the date of enactment 

25 of this Act. 


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1 CONSTRUCTION

2 For an additional amount for ‘‘Construction’’ for nec3 essary expenses, $3,000,000,000, to remain available until 

4 expended, to construct flood and storm damage reduction, 

5 including shore protection, projects that are currently au6 thorized or that are authorized after the date of enactment 

7 of this Act, and flood and storm damage reduction, includ8 ing shore protection, projects that have signed Chief’s Re9 ports as of the date of enactment of this Act or that are 

10 studied using funds provided under the heading ‘‘Inves11 tigations’’ if the Secretary determines such projects to be 

12 technically feasible, economically justified, and environ13 mentally acceptable: Provided, That of such amount, 

14 $1,500,000,000 shall be available for such projects in 

15 States with a major disaster declared due to Hurricane 

16 Ida pursuant to the Robert T. Stafford Disaster Relief 

17 and Emergency Assistance Act (42 U.S.C. 5121 et seq.) 

18 in fiscal year 2021: Provided further, That the provisions 

19 of section 902 of the Water Resources Development Act 

20 of 1986 shall not apply to the construction of projects, 

21 including initial construction or periodic nourishment, 

22 completed using funding under this heading in this Act: 

23 Provided further, That the completion of ongoing construc24 tion projects receiving funding provided under this head25 ing in this Act shall be at full Federal expense with respect 


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1 to such funds: Provided further, That for any projects 

2 using funding provided under this heading in this Act, the 

3 non-Federal cash contribution for projects other than on4 going construction projects shall be financed in accordance 

5 with the provisions of section 103(k) of Public Law 99– 

6 662 over a period of 30 years from the date of completion 

7 of the project or separable element: Provided further, That 

8 up to $65,000,000 of the amounts made available under 

9 this heading in this Act shall be used for continuing au10 thorities projects to reduce the risk of flooding and storm 

11 damage: Provided further, That any projects using funding 

12 appropriated under this heading in this Act shall be initi13 ated only after non-Federal interests have entered into 

14 binding agreements with the Secretary requiring, where 

15 applicable, the non-Federal interests to pay 100 percent 

16 of the operation, maintenance, repair, replacement, and 

17 rehabilitation costs of the project and to hold and save 

18 the United States free from damages due to the construc19 tion or operation and maintenance of the project, except 

20 for damages due to the fault or negligence of the United 

21 States or its contractors: Provided further, That of the 

22 amounts made available under this heading in this Act, 

23 such sums as are necessary to cover the Federal share of 

24 construction costs for facilities under the Dredged Mate25 rial Disposal Facilities Program shall be derived from the 


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1 general fund of the Treasury: Provided further, That the 

2 Assistant Secretary of the Army for Civil Works shall pro3 vide a monthly report directly to the Committees on Ap4 propriations of the House of Representatives and the Sen5 ate detailing the allocation and obligation of these funds, 

6 beginning not later than 60 days after the date of enact7 ment of this Act. 

8 MISSISSIPPI RIVER AND TRIBUTARIES

9 For an additional amount for ‘‘Mississippi River and 

10 Tributaries’’ for necessary expenses to address emergency 

11 situations at Corps of Engineers projects, and to con12 struct, and rehabilitate and repair damages to Corps of 

13 Engineers projects, caused by natural disasters, 

14 $868,000,000, to remain available until expended: Pro15 vided, That of the amounts made available under this 

16 heading in this Act, such sums as are necessary to cover 

17 the Federal share of eligible operation and maintenance 

18 costs for coastal harbors and channels, and for inland har19 bors shall be derived from the general fund of the Treas20 ury: Provided further, That of the amounts made available 

21 under this heading in this Act, $500,000,000 shall be 

22 available to construct flood and storm damage reduction 

23 projects that are currently authorized or that are author24 ized after the date of enactment of this Act in States with 

25 a major disaster declared due to Hurricane Ida pursuant 


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1 to the Robert T. Stafford Disaster Relief and Emergency 

2 Assistance Act (42 U.S.C. 5121 et seq.) in fiscal year 

3 2021: Provided further, That the provisions of section 902 

4 of the Water Resources Development Act of 1986 shall 

5 not apply to the construction of projects, including initial 

6 construction or periodic nourishment, completed using 

7 funding under this heading in this Act: Provided further, 

8 That to the extent that ongoing construction projects are 

9 constructed using funding provided under this heading in 

10 this Act, such construction shall be at full Federal ex11 pense: Provided further, That for any projects using fund12 ing provided under this heading in this Act, the non-Fed13 eral cash contribution for projects other than ongoing con14 struction projects shall be financed in accordance with the 

15 provisions of section 103(k) of Public Law 99–662 over 

16 a period of 30 years from the date of completion of the 

17 project or separable element: Provided further, That any 

18 projects using funding appropriated under this heading in 

19 this Act shall be initiated only after non-Federal interests 

20 have entered into binding agreements with the Secretary 

21 requiring, where applicable, the non-Federal interests to 

22 pay 100 percent of the operation, maintenance, repair, re23 placement, and rehabilitation costs of the project and to 

24 hold and save the United States free from damages due 

25 to the construction or operation and maintenance of the 


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1 project, except for damages due to the fault or negligence 

2 of the United States or its contractors: Provided further, 

3 That the Assistant Secretary of the Army for Civil Works 

4 shall provide a monthly report directly to the Committees 

5 on Appropriations of the House of Representatives and the 

6 Senate detailing the allocation and obligation of these 

7 funds, beginning not later than 60 days after the date of 

8 enactment of this Act. 

9 OPERATION AND MAINTENANCE

10 For an additional amount for ‘‘Operation and Main11 tenance’’ for necessary expenses to dredge Federal naviga12 tion projects in response to, and repair damages to Corps 

13 of Engineers Federal projects caused by, natural disasters, 

14 $887,000,000, to remain available until expended, of 

15 which such sums as are necessary to cover the Federal 

16 share of eligible operation and maintenance costs for 

17 coastal harbors and channels, and for inland harbors shall 

18 be derived from the general fund of the Treasury: Pro19 vided, That the Assistant Secretary of the Army for Civil 

20 Works shall provide a monthly report directly to the Com21 mittees on Appropriations of the House of Representatives 

22 and the Senate detailing the allocation and obligation of 

23 these funds, beginning not later than 60 days after the 

24 date of enactment of this Act. 


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1 FLOOD CONTROL AND COASTAL EMERGENCIES

2 For an additional amount for ‘‘Flood Control and 

3 Coastal Emergencies’’, as authorized by section 5 of the 

4 Act of August 18, 1941 (33 U.S.C. 701n), for necessary 

5 expenses to prepare for flood, hurricane and other natural 

6 disasters and support emergency operations, repairs, and 

7 other activities in response to such disasters, as authorized 

8 by law, $826,000,000, to remain available until expended: 

9 Provided, That funding utilized for authorized shore pro10 tection projects shall restore such projects to the full 

11 project profile at full Federal expense: Provided further, 

12 That the Assistant Secretary of the Army for Civil Works 

13 shall provide a monthly report directly to the Committees 

14 on Appropriations of the House of Representatives and the 

15 Senate detailing the allocation and obligation of these 

16 funds, beginning not later than 60 days after the date of 

17 enactment of this Act. 

18 EXPENSES

19 For an additional amount for ‘‘Expenses’’ for nec20 essary expenses to administer and oversee the obligation 

21 and expenditure of amounts provided in this Act for the 

22 Corps of Engineers, $30,000,000, to remain available 

23 until expended: Provided, That the Assistant Secretary of 

24 the Army for Civil Works shall provide a monthly report 

25 directly to the Committees on Appropriations of the House 


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1 of Representatives and the Senate detailing the allocation 

2 and obligation of these funds, beginning not later than 60 

3 days after the date of enactment of this Act. 

4 DEPARTMENT OF THE INTERIOR 

5 CENTRAL UTAH PROJECT

6 CENTRAL UTAH PROJECT COMPLETION ACCOUNT

7 For an additional amount for ‘‘Central Utah Project 

8 Completion Account’’, $10,000,000 to be deposited into 

9 the Utah Reclamation Mitigation and Conservation Ac10 count for use by the Utah Reclamation Mitigation and 

11 Conservation Commission, to remain available until ex12 pended, for expenses necessary in carrying out fire remedi13 ation activities for wildfires. 

14 BUREAU OF RECLAMATION

15 WATER AND RELATED RESOURCES

16 For an additional amount for ‘‘Water and Related 

17 Resources’’, $210,000,000, to remain available until ex18 pended: Provided, That of such amount, $200,000,000 

19 shall be available for activities to address drought, as de20 termined by the Secretary of the Interior: Provided fur21 ther, That of the amount made available under this head22 ing in this Act, $10,000,000 shall be for fire remediation 

23 and suppression emergency assistance related to wildfires: 

24 Provided further, That the Commissioner shall provide a 

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1 tions of the House of Representatives and the Senate de2 tailing the allocation and obligation of these funds, begin3 ning not later than 60 days after the date of enactment 

4 of this Act. 

5 DEPARTMENT OF ENERGY 

6 ENERGY PROGRAMS

7 STRATEGIC PETROLEUM RESERVE

8 For an additional amount for ‘‘Strategic Petroleum 

9 Reserve’’, $43,300,000, to remain available until ex10 pended, for necessary expenses related to damages caused 

11 by natural disasters. 

12 TITLE V 

13 INDEPENDENT AGENCIES 

14 SMALL BUSINESS ADMINISTRATION

15 DISASTER LOANS PROGRAM ACCOUNT

16 (INCLUDING TRANSFER OF FUNDS)

17 For an additional amount for ‘‘Disaster Loans Pro18 gram Account’’ for the cost of direct loans authorized by 

19 section 7(b) of the Small Business Act, $1,189,100,000, 

20 to remain available until expended: Provided, That up to 

21 $620,000,000 may be transferred to and merged with 

22 ‘‘Salaries and Expenses’’ for administrative expenses to 

23 carry out the disaster loan program authorized by section 

24 7(b) of the Small Business Act. 


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1 TITLE VI 

2 DEPARTMENT OF HOMELAND SECURITY 

3 PROTECTION, PREPAREDNESS, RESPONSE, AND 

4 RECOVERY 

5 FEDERAL EMERGENCY MANAGEMENT AGENCY

6 FEDERAL ASSISTANCE

7 For an additional amount for ‘‘Federal Assistance’’, 

8 $50,000,000, to remain available until September 30, 

9 2022, for emergency management performance grants 

10 under the National Flood Insurance Act of 1968 (42 

11 U.S.C. 4001 et seq.), the Robert T. Stafford Disaster Re12 lief and Emergency Assistance Act (42 U.S.C. 5121), the 

13 Earthquake Hazards Reduction Act of 1977 (42 U.S.C. 

14 7701), section 762 of title 6, United States Code, and Re15 organization Plan No. 3 of 1978 (5 U.S.C. App.). 

16 GENERAL PROVISION—THIS TITLE 

17 SEC. 1601. (a) Repayments of the remaining bal18 ances of all loans, as of September 30, 2021, by the Fed19 eral Emergency Management Agency under section 417 

20 of the Robert T. Stafford Disaster Relief and Emergency 

21 Assistance Act (42 U.S.C. 5184) are hereby cancelled. 

22 (b) Of the unobligated balances available to the De23 partment of Homeland Security for ‘‘Federal Emergency 

24 Management Agency—Disaster Relief Fund’’, such sums 

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1 sistance Direct Loan Program Account for carrying out 

2 subsection (a). 

3 (c) Each amount repurposed or transferred by this 

4 section that was previously designated by the Congress as 

5 an emergency requirement or as being for disaster relief 

6 pursuant to the Balanced Budget and Emergency Deficit 

7 Control Act of 1985 or a concurrent resolution on the 

8 budget is designated by the Congress as an emergency re9 quirement pursuant to section 4001(a)(1) and section 

10 4001(b), or as being for disaster relief pursuant to section 

11 4004(b)(6) and section 4005(f), respectively, of S. Con. 

12 Res. 14 (117th Congress), the concurrent resolution on 

13 the budget for fiscal year 2022. 

14 TITLE VII 

15 DEPARTMENT OF THE INTERIOR 

16 BUREAU OF LAND MANAGEMENT

17 MANAGEMENT OF LANDS AND RESOURCES

18 For an additional amount for ‘‘Management of Lands 

19 and Resources’’, $1,192,000, to remain available until ex20 pended, for necessary expenses related to the consequences 

21 of calendar year 2019, 2020, and 2021 wildfires, hurri22 canes and other natural disasters. 


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1 UNITED STATES FISH AND WILDLIFE SERVICE

2 CONSTRUCTION

3 For an additional amount for ‘‘Construction’’, 

4 $58,227,000, to remain available until expended, for nec5 essary expenses related to the consequences of calendar 

6 year 2019, 2020, and 2021 wildfires, hurricanes and other 

7 natural disasters. 

8 NATIONAL PARK SERVICE

9 CONSTRUCTION

10 For an additional amount for ‘‘Construction’’, 

11 $229,472,000, to remain available until expended, for nec12 essary expenses related to the consequences of calendar 

13 year 2019, 2020, and 2021 wildfires, hurricanes and other 

14 natural disasters. 

15 UNITED STATES GEOLOGICAL SURVEY

16 SURVEYS, INVESTIGATIONS, AND RESEARCH

17 For an additional amount for ‘‘Surveys, Investiga18 tions, and Research’’, $26,284,000, to remain available 

19 until expended, for necessary expenses related to the con20 sequences of calendar year 2019, 2020, and 2021 

21 wildfires, hurricanes and other natural disasters. 


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1 BUREAU OF SAFETY AND ENVIRONMENTAL

2 ENFORCEMENT

3 OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT

4 For an additional amount for ‘‘Offshore Safety and 

5 Environmental Enforcement’’, $223,000, to remain avail6 able until expended, for necessary expenses related to the 

7 consequences of calendar year 2019, 2020 and 2021 

8 wildfires, hurricanes and natural disasters. 

9 BUREAU OF INDIAN AFFAIRS

10 CONSTRUCTION

11 For an additional amount for ‘‘Construction’’, 

12 $452,000, to remain available until expended, for nec13 essary expenses related to the consequences of calendar 

14 year 2019, 2020, and 2021 wildfires, hurricanes and other 

15 natural disasters. 

16 DEPARTMENT-WIDE PROGRAMS 

17 WILDLAND FIRE MANAGEMENT 

18 (INCLUDING TRANSFER OF FUNDS)

19 For an additional amount for ‘‘Wildland Fire Man20 agement’’, $100,000,000, to remain available until ex21 pended, for necessary expenses related to wildfires: Pro22 vided, That of the amounts provided under this heading 

23 in this Act, $55,000,000 shall be for hazardous fuels man24 agement activities: Provided further, That of the amounts 


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1 provided under this heading in this Act, $45,000,000, 

2 shall be for burned area recovery. 

3 RELATED AGENCIES 

4 DEPARTMENT OF AGRICULTURE 

5 FOREST SERVICE

6 FOREST SERVICE OPERATIONS

7 For an additional amount for ‘‘Forest Service Oper8 ations’’, $105,000,000, to remain available until expended, 

9 for necessary expenses related to the consequences of cal10 endar year 2019, 2020, and 2021 wildfires, hurricanes 

11 and other natural disasters. 

12 FOREST AND RANGELAND RESEARCH

13 For an additional amount for ‘‘Forest and Rangeland 

14 Research’’, $25,000,000, to remain available until ex15 pended, for necessary expenses related to the consequences 

16 of calendar year 2019, 2020, and 2021 wildfires, hurri17 canes and other natural disasters for the forest inventory 

18 and analysis program. 

19 STATE AND PRIVATE FORESTRY

20 For an additional amount for ‘‘State and Private 

21 Forestry’’, $50,000,000, to remain available until ex22 pended, for necessary expenses related to the consequences 

23 of calendar year 2019, 2020, and 2021 wildfires, hurri24 canes and other natural disasters. 


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1 NATIONAL FOREST SYSTEM

2 For an additional amount for ‘‘National Forest Sys3 tem’’, $710,000,000, to remain available until expended: 

4 Provided, That of the amounts provided under this head5 ing in this Act, $535,000,000 shall be for necessary ex6 penses related to the consequences of calendar year 2019, 

7 2020, and 2021 wildfires, hurricanes and other natural 

8 disasters, including no less than $175,000,000 for high 

9 priority post-wildfire restoration for watershed protection, 

10 critical habitat, and burned area recovery: Provided fur11 ther, That of the amounts provided under this heading in 

12 this Act, $175,000,000 shall be for hazardous fuels miti13 gation. 

14 CAPITAL IMPROVEMENT AND MAINTENANCE

15 For an additional amount for ‘‘Capital Improvement 

16 and Maintenance’’, $470,000,000, to remain available 

17 until expended, for necessary expenses related to the con18 sequences of calendar year 2019, 2020, and 2021 

19 wildfires, hurricanes and other natural disasters. 

20 GENERAL PROVISION—THIS TITLE 

21 SEC. 1701. (a)(1) If services performed by the des22 ignated employees under paragraph (2) of this subsection 

23 at the Department of the Interior or the Department of 

24 Agriculture during 2021 are determined by the Secretary 

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1 ble, to be primarily related to emergency wildland fire sup2 pression activities, any premium pay for such services 

3 shall be disregarded in calculating the aggregate of such 

4 employee’s basic pay and premium pay for purposes of a 

5 limitation under section 5547(a) of title 5, United States 

6 Code, or under any other provision of law, whether such 

7 employee’s pay is paid on a biweekly or calendar year 

8 basis. Any services during 2021 that generate payments 

9 payable in 2022 shall be disregarded in applying this sub10 section. 

11 (2) The premium pay waiver under paragraph (1) of 

12 this subsection shall apply to individuals serving as 

13 wildland firefighters and as fire management response of14 ficials, including regional fire directors, deputy regional 

15 fire directors, agency officials who directly oversee fire op16 erations, and fire management officers, and individuals 

17 serving on incident management teams (IMTs), at the Na18 tional Interagency Fire Center (NIFC), at Geographic 

19 Area Coordinating Centers (GACCs), and at Operations 

20 centers. 

21 (3) The Departments of the Interior and Agriculture 

22 shall provide a report to Congress detailing the number 

23 of positions, including by occupation, grade, and the ag24 gregate pay by type of pay for each individual who receives 

25 pay authorized under subsection (a)(1). 


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1 (b) Any overtime pay for services described in sub2 section (a) that is payable under an authority outside of 

3 title 5, United States Code, shall be disregarded in calcu4 lating any annual limit on the amount of overtime pay 

5 payable in 2021. 

6 (c) Any pay that is disregarded under either sub7 section (a) or (b) shall be disregarded in calculating such 

8 employee’s aggregate pay for purposes of applying the lim9 itation in section 5307 of title 5, United States Code, dur10 ing 2021. 

11 (d)(1) Pay that is disregarded under subsection (a) 

12 or (b) shall not cause the aggregate of the employee’s basic 

13 pay and premium pay for the applicable calendar year to 

14 exceed the rate of basic pay payable for a position at level 

15 II of the Executive Schedule under section 5313 of title 

16 5, United States Code, as in effect at the end of such cal17 endar year. 

18 (2) For purposes of applying this subsection to an 

19 employee who would otherwise be subject to the premium 

20 pay limits established under section 5547 of title 5, United 

21 States Code, ‘‘premium pay’’ means the premium pay paid 

22 under the provisions of law cited in section 5547(a). 

23 (3) For purposes of applying this subsection to an 

24 employee under a premium pay limit established under an 

25 authority other than section 5547 of title 5, United States 


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1 Code, the agency responsible for administering such limit 

2 shall determine what payments are considered premium 

3 pay. 

4 (4) For the purpose of applying this subsection, 

5 ‘‘basic pay’’ includes any applicable locality-based com6 parability payment under section 5304 of title 5, United 

7 States Code, any applicable special rate supplement under 

8 section 5305 of such title, or any equivalent payment 

9 under a similar provision of law. 

10 (e) This section shall take effect as if enacted on Jan11 uary 1, 2021. 

12 (f) If application of this section results in the pay13 ment of additional premium pay to a covered employee of 

14 a type that is normally creditable as basic pay for retire15 ment or any other purpose, that additional pay shall not— 

16 (1) be considered to be basic pay of the covered 

17 employee for any purpose; or 

18 (2) be used in computing a lump-sum payment 

19 to the covered employee for accumulated and ac20 crued annual leave under section 5551 or section 

21 5552 of title 5, United States Code, or other similar 

22 provision of law. 

23 (g) Not later than 45 days after the date of enact24 ment of this Act, the Secretary of the Interior and Sec25 retary of Agriculture shall jointly provide to the CommitVerDate Sep 11 2014 02:00 Sep 23, 2021 Jkt 019200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\S2789.PCS S2789

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1 tees on Appropriations of the House of Representatives 

2 and the Senate, the Senate Committee on Agriculture Nu3 trition and Forestry, the House of Representatives Com4 mittee on Agriculture, the Senate Committee on Energy 

5 and Natural Resources, the House of Representatives 

6 Committee on Natural Resources, Senate Committee on 

7 Homeland Security and Governmental Affairs, and the 

8 House of Representatives Committee on Oversight and 

9 Reform, a framework to modernize the wildland fire10 fighting workforce beginning in fiscal year 2022. 

11 TITLE VIII 

12 DEPARTMENT OF TRANSPORTATION 

13 FEDERAL AVIATION ADMINISTRATION

14 FACILITIES AND EQUIPMENT

15 For an additional amount for ‘‘Facilities and Equip16 ment’’, $100,000,000, to remain available until September 

17 30, 2024, for necessary expenses related to the con18 sequences of Hurricane Ida. 

19 FEDERAL HIGHWAY ADMINISTRATION

20 EMERGENCY RELIEF PROGRAM

21 For an additional amount for the ‘‘Emergency Relief 

22 Program’’ as authorized under section 125 of title 23, 

23 United States Code, $2,600,000,000, to remain available 

24 until expended. 


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1 DEPARTMENT OF HOUSING AND URBAN 

2 DEVELOPMENT 

3 COMMUNITY PLANNING AND DEVELOPMENT

4 COMMUNITY DEVELOPMENT FUND

5 (INCLUDING TRANSFERS OF FUNDS)

6 For an additional amount for ‘‘Community Develop7 ment Fund’’, $5,000,000,000, to remain available until 

8 expended, for necessary expenses for activities authorized 

9 under title I of the Housing and Community Development 

10 Act of 1974 (42 U.S.C. 5301 et seq.) related to disaster 

11 relief, long-term recovery, restoration of infrastructure 

12 and housing, economic revitalization, and mitigation, in 

13 the most impacted and distressed areas resulting from a 

14 major disaster that occurred in 2020 or 2021 pursuant 

15 to the Robert T. Stafford Disaster Relief and Emergency 

16 Assistance Act (42 U.S.C. 5121 et seq.): Provided, That 

17 amounts made available under this heading in this Act 

18 shall be awarded directly to the State, unit of general local 

19 government, or Indian tribe (as such term is defined in 

20 section 102 of the Housing and Community Development 

21 Act of 1974 (42 U.S.C. 5302)) at the discretion of the 

22 Secretary: Provided further, That the Secretary shall allo23 cate, using the best available data, an amount equal to 

24 the total estimate for unmet needs for qualifying disasters 

25 under this heading in this Act: Provided further, That any 


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1 final allocation for the total estimate for unmet need made 

2 available under the preceding proviso shall include an ad3 ditional amount of 15 percent of such estimate for addi4 tional mitigation: Provided further, That of the amounts 

5 made available under this heading in this Act, no less than 

6 $1,610,000,000 shall be allocated for major declared dis7 asters that occurred in 2020 within 30 days of the date 

8 of enactment of this Act: Provided further, That the Sec9 retary shall not prohibit the use of amounts made avail10 able under this heading in this Act for non-Federal share 

11 as authorized by section 105(a)(9) of the Housing and 

12 Community Development Act of 1974 (42 U.S.C. 

13 5305(a)(9)): Provided further, That of the amounts made 

14 available under this heading in this Act, grantees may es15 tablish grant programs to assist small businesses for work16 ing capital purposes to aid in recovery: Provided further, 

17 That as a condition of drawing funds for any activity other 

18 than general administration, the Secretary shall certify in 

19 advance that such grantee has in place proficient financial 

20 controls and procurement processes and has established 

21 adequate procedures to prevent any duplication of benefits 

22 as defined by section 312 of the Robert T. Stafford Dis23 aster Relief and Emergency Assistance Act (42 U.S.C. 

24 5155), to ensure timely expenditure of funds, to maintain 

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1 tivities assisted with amounts made available under this 

2 heading in this Act, and to detect and prevent waste, 

3 fraud, and abuse of funds: Provided further, That with re4 spect to any such duplication of benefits, the Secretary 

5 shall act in accordance with section 1210 of Public Law 

6 115–254 (132 Stat. 3442) and section 312 of the Robert 

7 T. Stafford Disaster Relief and Emergency Assistance Act 

8 (42 U.S.C. 5155): Provided further, That the Secretary 

9 shall require grantees to maintain on a public website in10 formation containing common reporting criteria estab11 lished by the Department that permits individuals and en12 tities awaiting assistance and the general public to see how 

13 all grant funds are used, including copies of all relevant 

14 procurement documents, including grantee administrative 

15 contracts and details of ongoing procurement processes, 

16 as determined by the Secretary: Provided further, That 

17 prior to the obligation of funds a grantee shall submit a 

18 plan to the Secretary for approval detailing the proposed 

19 use of all funds, including criteria for eligibility and how 

20 the use of these funds will address long-term recovery and 

21 restoration of infrastructure and housing, economic revi22 talization, and mitigation in the most impacted and dis23 tressed areas: Provided further, That such funds may not 

24 be used for activities reimbursable by, or for which funds 

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1 ment Agency or the Army Corps of Engineers: Provided 

2 further, That funds allocated under this heading in this 

3 Act shall not be considered relevant to the non-disaster 

4 formula allocations made pursuant to section 106 of the 

5 Housing and Community Development Act of 1974 (42 

6 U.S.C. 5306): Provided further, That a State, unit of gen7 eral local government, or Indian tribe may use up to 5 

8 percent of its allocation for administrative costs related 

9 to a major disaster under this heading in this Act and 

10 for the same purposes in prior and future Acts and such 

11 amounts shall be available for any eligible administrative 

12 costs without regard to a particular disaster: Provided fur13 ther, That in administering the amounts made available 

14 under this heading in this Act, the Secretary of Housing 

15 and Urban Development may waive, or specify alternative 

16 requirements for, any provision of any statute or regula17 tion that the Secretary administers in connection with the 

18 obligation by the Secretary or the use by the recipient of 

19 these funds (except for requirements related to fair hous20 ing, nondiscrimination, labor standards, and the environ21 ment), if the Secretary finds that good cause exists for 

22 the waiver or alternative requirement and such waiver or 

23 alternative requirement would not be inconsistent with the 

24 overall purpose of title I of the Housing and Community 

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1 standing the preceding proviso, recipients of funds pro2 vided under this heading in this Act that use such funds 

3 to supplement Federal assistance provided under section 

4 402, 403, 404, 406, 407, 408(c)(4), or 502 of the Robert 

5 T. Stafford Disaster Relief and Emergency Assistance Act 

6 (42 U.S.C. 5121 et seq.) may adopt, without review or 

7 public comment, any environmental review, approval, or 

8 permit performed by a Federal agency, and such adoption 

9 shall satisfy the responsibilities of the recipient with re10 spect to such environmental review, approval or permit: 

11 Provided further, That, notwithstanding section 104(g)(2) 

12 of the Housing and Community Development Act of 1974 

13 (42 U.S.C. 5304(g)(2)), the Secretary or a State may, 

14 upon receipt of a request for release of funds and certifi15 cation, immediately approve the release of funds for an 

16 activity or project assisted under this heading in this Act 

17 if the recipient has adopted an environmental review, ap18 proval or permit under the preceding proviso or the activ19 ity or project is categorically excluded from review under 

20 the National Environmental Policy Act of 1969 (42 U.S.C. 

21 4321 et seq.): Provided further, That the Secretary shall 

22 publish via notice in the Federal Register or on the website 

23 of the Department any waiver, or alternative requirement, 

24 to any statute or regulation that the Secretary administers 

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1 opment Act of 1974 no later than 5 days before the effec2 tive date of such waiver or alternative requirement: Pro3 vided further, That the Secretary is authorized to approve 

4 the use of amounts made available under this heading in 

5 this Act or a prior or future Act for activities authorized 

6 under title I of the Housing and Community Development 

7 Act of 1974 (42 U.S.C. 5301 et seq.) related to unmet 

8 recovery needs in the most impacted and distressed areas 

9 resulting from a major disaster in this Act or in a prior 

10 or future Act to be used interchangeably and without limi11 tation for the same activities in the most impacted and 

12 distressed areas resulting from other major disasters as13 sisted under this Act or a prior or future Act when such 

14 areas overlap and when the use of the funds will address 

15 unmet recovery needs of both disasters: Provided further, 

16 That, until the Secretary publishes a Federal Register No17 tice establishing the requirements for the previous proviso, 

18 grantees that received grants under the same heading for 

19 2017, 2018 or 2019 disasters may submit for approval 

20 revised plans for the use of funds related to those major 

21 disasters to expand the eligible beneficiaries of existing 

22 programs contained in such previously approved plans to 

23 include those impacted by disasters in 2020 or 2021: Pro24 vided further, That of the amounts made available under 

25 this heading in this Act, up to $7,000,000 shall be made 


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1 available for capacity building and technical assistance, in2 cluding assistance on contracting and procurement, to 

3 support States, units of general local government, or In4 dian tribes, and subrecipients that receive allocations for 

5 disaster recovery pursuant to the authority under this 

6 heading in this Act and allocations for disaster recovery 

7 in any prior or future Acts: Provided further, That of the 

8 amounts made available under this heading in this Act, 

9 up to $5,500,000 shall be transferred to ‘‘Department of 

10 Housing and Urban Development—Program Office Sala11 ries and Expenses—Community Planning and Develop12 ment’’ for necessary costs, including information tech13 nology costs, of administering and overseeing the obliga14 tion and expenditure of amounts made available under the 

15 heading ‘‘Community Development Fund’’ in this Act or 

16 any prior or future Act that makes amounts available for 

17 purposes related to major disasters under such heading. 

18 TITLE IX 

19 GENERAL PROVISIONS—THIS ACT 

20 SEC. 1901. Each amount appropriated or made avail21 able by this Act is in addition to amounts otherwise appro22 priated for the fiscal year involved. 

23 SEC. 1902. No part of any appropriation contained 

24 in this Act shall remain available for obligation beyond 

25 the current fiscal year unless expressly so provided herein. 


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1 SEC. 1903. Unless otherwise provided for by this Act, 

2 the additional amounts appropriated by this Act to appro3 priations accounts shall be available under the authorities 

4 and conditions applicable to such appropriations accounts 

5 for fiscal year 2022. 

6 SEC. 1904. Each amount provided by this division is 

7 designated by the Congress as being for an emergency re8 quirement pursuant to section 4001(a)(1) and section 

9 4001(b) of S. Con. Res. 14 (117th Congress), the concur10 rent resolution on the budget for fiscal year 2022. 

11

12 This division may be cited as the ‘‘Disaster Relief 

13 Supplemental Appropriations Act, 2022’’. 


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1 DIVISION C—AFGHANISTAN SUPPLE2 MENTAL APPROPRIATIONS ACT, 2022 

3 The following sums are appropriated, out of any 

4 money in the Treasury not otherwise appropriated, for the 

5 fiscal year ending September 30, 2022, and for other pur6 poses, namely: 

7 TITLE I 

8 DEPARTMENT OF JUSTICE 

9 FEDERAL BUREAU OF INVESTIGATION

10 SALARIES AND EXPENSES 

11 For an additional amount for ‘‘Salaries and Ex12 penses’’, $50,000,000, to remain available until September 

13 30, 2022, for investigative activities associated with Af14 ghan resettlement operations. 

15 TITLE II 

16 DEPARTMENT OF DEFENSE 

17 OPERATION AND MAINTENANCE 

18 OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID

19 For an additional amount for ‘‘Overseas Humani20 tarian, Disaster, and Civic Aid’’, $2,200,000,000, to re21 main available until September 30, 2023, for support of 

22 Operation Allies Welcome by the Department of Defense. 

23 GENERAL PROVISIONS—THIS TITLE 

24 SEC. 2201. Not later than 30 days after the date of 

25 enactment of this Act, and every 30 days thereafter 


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1 through fiscal year 2022, the Secretary of Defense shall 

2 provide a written report to the congressional defense com3 mittees describing the execution of funds provided in this 

4 title, including the amounts obligated and expended, in 

5 total and since the previous report; the nature of the costs 

6 incurred or services provided by such funds; and any reim7 bursements or funds transferred by another Federal agen8 cy to the Department of Defense which relates to the pur9 pose of the funds provided by this title. 

10 SEC. 2202. Notwithstanding any other provision of 

11 law, funds provided by this title shall only be for the pur12 poses specified, and shall not be subject to any transfer 

13 authority provided by law. 

14 SEC. 2203. The Inspector General of the Department 

15 of Defense shall carry out reviews of the activities of the 

16 Department of Defense to transport and care for Afghans, 

17 including but not limited to, the humane treatment and 

18 living conditions of Afghans at any Department of Defense 

19 facility; the use of funds by the Department of Defense 

20 to support such persons, including the monitoring of po21 tential waste, fraud, or abuse of such funds; and any re22 lated issues that the Inspector General may direct: Pro23 vided, That the Inspector General shall provide to the con24 gressional defense committees periodic updates on such 

25 oversight efforts and a written report to such committees 


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1 not later than 60 days after the date of enactment of this 

2 Act. 

3 SEC. 2204. Title IX of division C of Public Law 116– 

4 260 is amended under the heading ‘‘Afghanistan Security 

5 Forces Fund’’ by inserting the following before the penul6 timate proviso: ‘‘Provided further, That the Secretary of 

7 Defense may obligate and expend funds made available 

8 under this heading for costs associated with the termi9 nation of contracts previously funded with amounts pro10 vided under this heading in prior Acts, and to pay valid 

11 invoices in satisfaction of liabilities under such contracts 

12 for which the applicable prior appropriation cannot be 

13 identified:’’. 

14 SEC. 2205. Not later than 90 days after the date of 

15 enactment of this Act, the Secretary of Defense, in con16 sultation with the Service Secretaries and the Commander 

17 of United States Central Command, shall submit to the 

18 congressional defense committees a report regarding the 

19 disposition of United States property, equipment, and sup20 plies, including property, equipment, and supplies pro21 vided to the Afghanistan National Security Forces, which 

22 were destroyed, taken out of Afghanistan, or remain in 

23 Afghanistan in connection with the United States military 

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1 mation on the future plans of the Department of Defense 

2 regarding any such items. 

3 TITLE III 

4 DEPARTMENT OF HEALTH AND HUMAN 

5 SERVICES 

6 CENTERS FOR DISEASE CONTROL AND PREVENTION

7 CDC–WIDE ACTIVITIES AND PROGRAM SUPPORT

8 For an additional amount for ‘‘CDC–Wide Activities 

9 and Program Support’’, $21,500,000, for support of Oper10 ation Allies Welcome, to remain available until September 

11 30, 2022, for medical support, screening, and other re12 lated public health activities related to Afghan arrivals and 

13 refugees. 

14 ADMINISTRATION FOR CHILDREN AND FAMILIES

15 REFUGEE AND ENTRANT ASSISTANCE

16 For an additional amount for ‘‘Refugee and Entrant 

17 Assistance’’, $1,680,000,000, to remain available until 

18 September 30, 2023, for support of Operation Allies Wel19 come for carrying out refugee and entrant assistance ac20 tivities in support of citizens or nationals of Afghanistan 

21 paroled into the United States under section 212(d)(5) of 

22 the Immigration and Nationality Act and citizens or na23 tionals of Afghanistan for whom such refugee and entrant 

24 assistance activities are authorized: Provided, That 

25 amounts made available under this heading in this Act 


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1 may be used for grants or contracts with qualified non2 profit organizations to provide culturally and linguistically 

3 appropriate services, including wrap-around services dur4 ing temporary housing and after resettlement, housing as5 sistance, medical assistance, legal assistance, and case 

6 management assistance: Provided further, That the Direc7 tor of the Office of Refugee Resettlement, in carrying out 

8 section 412(c)(1)(A) of the Immigration and Nationality 

9 Act with amounts made available under this heading in 

10 this Act, may allocate such amounts among the States in 

11 a manner that accounts for the most current data avail12 able. 

13 CHILDREN AND FAMILIES SERVICES PROGRAMS

14 For an additional amount for ‘‘Children and Families 

15 Services Programs’’, $7,773,000, to remain available until 

16 September 30, 2022, for support of Operation Allies Wel17 come for necessary administrative expenses to carry out 

18 refugee and entrant assistance activities in support of citi19 zens or nationals of Afghanistan. 

20 GENERAL PROVISION—THIS TITLE 

21 SEC. 2301. (a) Not later than 45 days after the date 

22 of enactment of this Act, the Secretary of Health and 

23 Human Services, the Secretary of State, and the Secretary 

24 of Homeland Security shall jointly submit a strategy on 

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1 sional committees and leadership describing agency roles 

2 and responsibilities, vetting, immigration status of each 

3 Afghan, and anticipated costs associated with imple4 menting such strategy. 

5 (b) DEFINITION OF AFGHAN EVACUEE.—In this sec6 tion, the term ‘‘Afghan evacuee’’ means a person whose 

7 evacuation from Afghanistan to the United States, or a 

8 location overseas controlled by the United States, was fa9 cilitated by the United States as part of Operation Allies 

10 Refuge. 

11 TITLE IV 

12 DEPARTMENT OF STATE 

13 ADMINISTRATION OF FOREIGN AFFAIRS

14 EMERGENCIES IN THE DIPLOMATIC AND CONSULAR

15 SERVICE

16 For an additional amount for ‘‘Emergencies in the 

17 Diplomatic and Consular Service’’, $276,900,000, to re18 main available until expended, for support for Operation 

19 Allies Welcome and related efforts by the Department of 

20 State, including additional relocations of individuals at 

21 risk as a result of the situation in Afghanistan and related 

22 expenses, and to reimburse the account under this heading 

23 in prior acts making appropriations for the Department 

24 of State, foreign operations, and related programs for obli25 gations previously incurred. 


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1 BILATERAL ECONOMIC ASSISTANCE 

2 FUNDS APPROPRIATED TO THE PRESIDENT

3 INTERNATIONAL DISASTER ASSISTANCE

4 For an additional amount for ‘‘International Disaster 

5 Assistance’’, $400,000,000, to remain available until ex6 pended, to address humanitarian needs in Afghanistan 

7 and the region impacted by the situation in Afghanistan. 

8 DEPARTMENT OF STATE

9 MIGRATION AND REFUGEE ASSISTANCE

10 For an additional amount for ‘‘Migration and Ref11 ugee Assistance’’, $415,000,000, to remain available until 

12 expended, to address humanitarian needs in, and to assist 

13 refugees from, Afghanistan. 

14 UNITED STATES EMERGENCY REFUGEE AND MIGRATION

15 ASSISTANCE FUND

16 For an additional amount for ‘‘United States Emer17 gency Refugee and Migration Assistance Fund’’, 

18 $1,076,100,000, to remain available until expended, not19 withstanding section 2(c)(2) of the Migration and Refugee 

20 Assistance Act of 1962 (22 U.S.C. 2601(c)(2)), of which 

21 $976,100,000 is for support for Operation Allies Welcome 

22 and related efforts by the Department of State, including 

23 additional relocations of individuals at risk as a result of 

24 the situation in Afghanistan and related expenses, and 


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1 $100,000,000 is to respond to other unexpected and ur2 gent humanitarian emergencies. 

3 GENERAL PROVISIONS—THIS TITLE 

4 SEC. 2401. During fiscal years 2022 and 2023, not5 withstanding any applicable restrictions on the ability of 

6 the Department of State and the United States Agency 

7 for International Development to enter into personal serv8 ices contracts, including section 704 of the Financial Serv9 ices and General Government Appropriations Act, 2021 

10 (division E of Public Law 116–260) as continued by sec11 tion 101 of division A of this Act (and any successor provi12 sion in a subsequently enacted appropriations Act), the 

13 authorities of section 2(c) of the State Department Basic 

14 Authorities Act of 1956 (22 U.S.C. 2669(c)), section 

15 636(a)(3) of the Foreign Assistance Act of 1961 (22 

16 U.S.C. 2396(a)(3)), and section 5(a)(6) of the Migration 

17 and Refugee Assistance Act of 1962 (22 U.S.C. 

18 2605(a)(6)) may be exercised, without regard to the geo19 graphic limitations referenced therein, particularly to 

20 enter into, extend, and maintain contracts with individuals 

21 who have served as locally employed staff of the United 

22 States mission in Afghanistan. 

23 SEC. 2402. The Secretary of State, in consultation 

24 with the Administrator of the United States Agency for 

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1 tees on Appropriations, not later than 45 days after the 

2 date of enactment of this Act, a report on the proposed 

3 uses of funds appropriated by this title under the headings 

4 ‘‘Emergencies in the Diplomatic and Consular Service’’ 

5 and ‘‘United States Emergency Refugee and Migration 

6 Assistance Fund’’, by program, project, and activity, for 

7 which the obligation of funds is anticipated: Provided, 

8 That such report shall be updated (including any changes 

9 in proposed uses from the initial plan) and submitted to 

10 the Committees on Appropriations every 45 days until 

11 September 30, 2023. 

12 SEC. 2403. Not later than 45 days after the date of 

13 enactment of this Act, the Secretary of State, in consulta14 tion with the Secretary of Homeland Security and the 

15 heads of other relevant Federal agencies, shall submit to 

16 the Committees on Appropriations a report on the status 

17 of the Priority 2 (P–2) designation granting United States 

18 Refugee Admissions Program (USRAP) access for certain 

19 at risk Afghan nationals and their eligible family members 

20 that was announced by the Department of State on Au21 gust 2, 2021: Provided, That such report shall include the 

22 approximate number of Afghan nationals and their eligible 

23 family members who have been referred to the program, 

24 the number of Afghan nationals who have contacted a Re25 settlement Support Center to begin processing of their P– 


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1 2 referral, the estimated time for processing such applica2 tions, an assessment of the obstacles facing P–2 eligible 

3 individuals seeking to leave Afghanistan, and a plan for 

4 augmenting personnel needed for refugee processing or 

5 humanitarian parole: Provided further, That such report 

6 shall be submitted in unclassified form, but may be accom7 panied by a classified annex. 

8 SEC. 2404. None of the funds appropriated in this 

9 title and made available for assistance for Afghanistan 

10 may be made available for direct assistance to the Taliban. 

11 TITLE V 

12 GENERAL PROVISIONS—THIS ACT 

13 SEC. 2501. In addition to amounts otherwise made 

14 available, there is appropriated for ‘‘U.S. Citizenship and 

15 Immigration Services—Immigration Examination Fee Ac16 count’’, $193,000,000, to remain available until expended, 

17 for necessary expenses in support of Operation Allies Wel18 come, to be deposited and used as provided in section 

19 286(n) of the Immigration and Nationality Act (8 U.S.C. 

20 1356(n)): Provided, That such amounts shall be in addi21 tion to any other amounts made available for such pur22 poses and shall not be construed to require any reduction 

23 of any fee described in section 286(m) of the Immigration 

24 and Nationality Act (8 U.S.C. 1356(m)): Provided further, 

25 That amounts provided in this section shall only be for 


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1 the purposes specified, and notwithstanding any other pro2 vision of law are not available for non-expenditure transfer 

3 or reprogramming: Provided further, That within 15 days 

4 of the date of enactment of this Act, U.S. Citizenship and 

5 Immigration Services shall provide to the Committees on 

6 Appropriations and the Committees on the Judiciary of 

7 the Senate and the House of Representatives an expendi8 ture plan for the funds provided under this paragraph, 

9 and every 30 days thereafter shall provide updated execu10 tion data to such Committees for such funds: Provided fur11 ther, That the reporting requirement in the previous pro12 viso shall end on September 30, 2026. 

13 SEC. 2502. (a) IN GENERAL.—Notwithstanding any 

14 other provision of law, a citizen or national of Afghanistan 

15 (or a person with no nationality who last habitually re16 sided in Afghanistan) shall be eligible for the benefits de17 scribed in subsections (b) and (c) if— 

18 (1) such individual completed security and law 

19 enforcement background checks to the satisfaction of 

20 the Secretary of Homeland Security and was subse21 quently— 

22 (A) paroled into the United States between 

23 July 31, 2021, and September 30, 2022; or 

24 (B) paroled into the United States after 

25 September 30, 2022, and— 


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1 (i) is the spouse or child (as such 

2 term is defined under section 101(b) of the 

3 Immigration and Nationality Act (8 U.S.C. 

4 1101(b)) of an individual described in sub5 paragraph (A); or 

6 (ii) is the parent or legal guardian of 

7 an individual described in subparagraph 

8 (A) who is determined to be an unaccom9 panied child under 6 U.S.C. 279(g)(2); 

10 and 

11 (2) such individual’s parole has not been termi12 nated by the Secretary of Homeland Security. 

13 (b) BENEFITS.—An individual described in sub14 section (a) shall be eligible for— 

15 (1) resettlement assistance, entitlement pro16 grams, and other benefits available to refugees ad17 mitted under section 207 of the Immigration and 

18 Nationality Act (8 U.S.C. 1157) until March 31, 

19 2023; and 

20 (2) services described under section 412(d)(2) 

21 of the Immigration and Nationality Act (8 U.S.C. 

22 1522(d)(2)), subject to subparagraph (B) of such 

23 section, if such individual is an unaccompanied alien 

24 child as defined under 6 U.S.C. 279(g)(2). 


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1 (c) EXPEDITIOUS ADJUDICATION OF ASYLUM APPLI2 CATIONS.—With respect to an application for asylum 

3 under section 208 of the Immigration and Nationality Act 

4 (8 U.S.C. 1158) filed by an individual described in sub5 section (a)— 

6 (1) the initial interview on the asylum applica7 tion shall occur not later than 15 days after the date 

8 on which an application is filed; and 

9 (2) in the absence of exceptional circumstances, 

10 final administrative adjudication of the asylum ap11 plication, not including administrative appeal, shall 

12 be completed within 150 days after the date an ap13 plication is filed. 

14 (d) CLARIFICATION.—Notwithstanding any other 

15 provision of law, nothing in this Act shall be interpreted 

16 to— 

17 (1) preclude an individual described in sub18 section (a), from applying for or receiving any immi19 gration benefits to which such individual is otherwise 

20 entitled; or 

21 (2) entitle a person described in subsection (a) 

22 to adjustment of status to lawful permanent resi23 dent; or 


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1 (3) preclude a person described in subsection 

2 (a) from applying for a driver’s license or identifica3 tion card for which they are eligible under state law. 

4 (e) REPORT.—Not later than 120 days after the date 

5 of enactment of this Act, and every 3 months thereafter, 

6 the Secretary of Homeland Security, in consultation with 

7 the Secretary of Defense and the Secretary of State, shall 

8 submit a report to Congress detailing the number individ9 uals described in subsection (a); the number of individuals 

10 receiving benefits in subsection (b), including their eligi11 bility for benefits as refugees notwithstanding this Act; 

12 and any other information deemed relevant by the Sec13 retary. 

14 REPORTING REQUIREMENT

15 SEC. 2503. 

16 (1) IN GENERAL.—Not later than 60 days after 

17 the date of the enactment of this Act, and quarterly 

18 thereafter through September 30, 2023, the Sec19 retary of Homeland Security, in coordination with 

20 the head of any other applicable Federal agency, 

21 shall submit to Congress a report that includes the 

22 elements described in paragraph (2). 

23 (2) ELEMENTS.—The report required by para24 graph (1) shall include the following: 

25 (A) A summary of the status of Afghan 

26 evacuees, including— 


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1 (i) the number of the Afghan evacuees 

2 present in the United States, located at 

3 overseas bases of the United States Armed 

4 Forces, or located in third countries who 

5 are not located at such a base including— 

6 (I) the number who are U.S. law7 ful permanent residents; 

8 (II) the number who are Special 

9 Immigrant Visa holders; 

10 (III) the number who are Special 

11 Immigrant Visa applicants; 

12 (IV) the number who are in pos13 session of a valid nonimmigrant visa 

14 to enter the United States; 

15 (V) the number who are employ16 ees of a U.S. Government agency; 

17 (VI) the number who are employ18 ees of a U.S. funded partner organiza19 tion, media, or non-profit; 

20 (VII) the number of Priority 1 

21 refugee referrals; 

22 (VIII) the number of Priority 2 

23 refugee referrals; 

24 (IX) the number who have been 

25 relocated from the United States to a 


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1 third country, and the country to 

2 which they were relocated; and 

3 (X) the number who do not fall 

4 into any of the above categories. 

5 (ii) the number of Afghan evacuees at 

6 overseas bases or other official staging 

7 areas who have been flagged as potential 

8 security concerns or risks or included on 

9 the United States no-fly list and who were 

10 therefore denied clearance to enter the 

11 United States; 

12 (iii) the number of the Afghan evac13 uees who have been paroled into the 

14 United States— 

15 (I) the number whose parole was 

16 terminated; and 

17 (II) the number whose parole has 

18 been extended; and 

19 (B) The number of Afghan evacuees who 

20 have been interviewed by U.S. Citizenship and 

21 Immigration Services in connection with an ap22 plication or petition for immigration benefits, 

23 including— 

24 (i) the number of such interviews con25 ducted since the United States withdrawal; 


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1 (ii) the rate at which individuals were 

2 granted or refused the benefits that formed 

3 the basis for such interviews; 

4 (iii) the number of individuals who did 

5 not appear at a scheduled interview; and 

6 (iv) a description of the procedures 

7 for screening for and detecting child mar8 riage, human trafficking, gender-based vio9 lence, and marriages entered into or rela10 tionships as fiancee or fiance claimed for 

11 the sole purpose of securing evacuation. 

12 (C) For each Federal department and 

13 agency involved in Operation Allies Welcome— 

14 (i) as of the date of the report, the 

15 costs incurred; and 

16 (ii) an identification of the source of 

17 appropriated or other funds used to fund 

18 the effort. 

19 (3) DEFINITION OF AFGHAN EVACUEE.—In this 

20 section, the term ‘‘Afghan evacuee’’ means a person 

21 whose evacuation from Afghanistan to the United 

22 States, or a location overseas controlled by the 

23 United States, was facilitated by the United States 

24 as part of Operation Allies Refuge. 


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1 SEC. 2504. Each amount appropriated or made avail2 able by this Act is in addition to amounts otherwise appro3 priated for the fiscal year involved. 

4 SEC. 2505. No part of any appropriation contained 

5 in this Act shall remain available for obligation beyond 

6 the current fiscal year unless expressly so provided herein. 

7 SEC. 2506. Unless otherwise provided for by this Act, 

8 the additional amounts appropriated by this Act to appro9 priations accounts shall be available under the authorities 

10 and conditions applicable to such appropriations accounts 

11 for fiscal year 2022. 

12 SEC. 2507. Each amount provided by this division is 

13 designated by the Congress as being for an emergency re14 quirement pursuant to section 4001(a)(1) and section 

15 4001(b) of S. Con. Res. 14 (117th Congress), the concur16 rent resolution on the budget for fiscal year 2022. 

17 This division may be cited as the ‘‘Afghanistan Sup18 plemental Appropriations Act, 2022’’. 


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1 DIVISION D—OTHER MATTERS 

2 TITLE I—EXTENSIONS, TECH3 NICAL CORRECTIONS, AND 

4 OTHER MATTERS 

5 SEC. 3101. EXTENSION OF AUTHORITY TO MAKE CERTAIN 

6 APPOINTMENTS FOR NATIONAL DISASTER 

7 MEDICAL SYSTEM. 

8 Section 2812(c)(4)(B) of the Public Health Service 

9 Act (42 U.S.C. 300hh–11(c)(4)(B)) is amended by strik10 ing ‘‘September 30, 2021’’ and inserting ‘‘December 3, 

11 2021’’. 

12 SEC. 3102. EXTENDING CERTAIN WAIVER AUTHORITIES. 

13 (a) NATIONAL SCHOOL LUNCH PROGRAM REQUIRE14 MENT WAIVERS ADDRESSING COVID–19.—Section 

15 2202(e) of the Families First Coronavirus Response Act 

16 (Public Law 116–127; 42 U.S.C. 1760 note) is amended 

17 by striking ‘‘September 30, 2021’’ and inserting ‘‘June 

18 30, 2022: Provided, That such waivers shall only apply 

19 to school year 2021–2022’’. 

20 (b) FUNDING.—There are hereby appropriated, out 

21 of any funds in the Treasury not otherwise appropriated, 

22 such sums as may be necessary to carry out this section. 


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1 SEC. 3103. EXTENSION OF ADDITIONAL SPECIAL ASSESS2 MENTS. 

3 Section 3014(a) of title 18, United States Code, is 

4 amended by striking ‘‘September 30, 2021’’ and inserting 

5 ‘‘December 31, 2021’’. 

6 SEC. 3104. EXTENSION OF TEMPORARY ORDER FOR 

7 FENTANYL-RELATED SUBSTANCES. 

8 Effective as if included in the enactment of the Tem9 porary Reauthorization and Study of the Emergency 

10 Scheduling of Fentanyl Analogues Act (Public Law 116– 

11 114), section 2 of such Act (as amended by Public Law 

12 117–12) is amended by striking ‘‘October 22, 2021’’ and 

13 inserting ‘‘January 28, 2022’’. 

14 SEC. 3105. EXTENDING THE INCREASED FEDERAL MEDICAL 

15 ASSISTANCE PERCENTAGE FOR TERRI16 TORIES. 

17 (a) IN GENERAL.—Section 1905(ff) of the Social Se18 curity Act (42 U.S.C. 1396d(ff)) is amended— 

19 (1) in paragraph (2), by striking ‘‘September 

20 30, 2021’’ and inserting ‘‘December 3, 2021’’ ; and 

21 (2) in paragraph (3), by striking ‘‘September 

22 30, 2021’’ and inserting ‘‘December 3, 2021’’. 

23 (b) GAO REVIEW.—Not later than November 15, 

24 2021, the Comptroller General of the United States shall 

25 review the determination of the allotment for Puerto Rico 

26 for fiscal year 2022 under section 1108(g) of the Social 


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1 Security Act (42 U.S.C. 1308(g)), and include in the re2 view the legal opinion of the Comptroller General on the 

3 most plausible plain reading of how such fiscal year 2022 

4 allotment level should be calculated. 

5 SEC. 3106. MEDICARE IMPROVEMENT FUND. 

6 Section 1898(b)(1) of the Social Security Act (42 

7 U.S.C. 1395iii(b)(1)) is amended by striking 

8 ‘‘$165,000,000’’ and inserting ‘‘$69,000,000’’. 

9 TITLE II—BUDGETARY EFFECTS 

10 SEC. 3201. BUDGETARY EFFECTS. 

11 (a) STATUTORY PAYGO SCORECARDS.—The budg12 etary effects of this division shall not be entered on either 

13 PAYGO scorecard maintained pursuant to section 4(d) of 

14 the Statutory Pay-As-You-Go Act of 2010. 

15 (b) SENATE PAYGO SCORECARDS.—The budgetary 

16 effects of this division shall not be entered on any PAYGO 

17 scorecard maintained for purposes of section 4106 of H. 

18 Con. Res. 71 (115th Congress). 

19 (c) CLASSIFICATION OF BUDGETARY EFFECTS.— 

20 Notwithstanding Rule 3 of the Budget Scorekeeping 

21 Guidelines set forth in the joint explanatory statement of 

22 the committee of conference accompanying Conference Re23 port 105–217 and section 250(c)(8) of the Balanced 

24 Budget and Emergency Deficit Control Act of 1985, the 

25 budgetary effects of this division shall not be estimated— 


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1 (1) for purposes of section 251 of such Act; 

2 (2) for purposes of an allocation to the Com3 mittee on Appropriations pursuant to section 302(a) 

4 of the Congressional Budget Act of 1974; and 

5 (3) for purposes of paragraph (4)(C) of section 

6 3 of the Statutory Pay-As-You-Go Act of 2010 as 

7 being included in an appropriation Act. 


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Calendar No. 135 

117TH CONGRESS 

1ST SESSION S. 2789 

A BILL 

Making continuing appropriations for the fiscal 

poses. viding emergency assistance, and for other puryear ending September 30, 2022, and for proSEPTEMBER 22, 2021 

Read the second time and placed on the calendar 


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