II 

117TH CONGRESS 

1ST SESSION S. 2312 

Making emergency supplemental appropriations for the fiscal year ending 

September 30, 2021, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 12, 2021 

Mr. SHELBY introduced the following bill; which was read twice and referred 

to the Committee on Appropriations 

A BILL 

Making emergency supplemental appropriations for the fiscal 

year ending September 30, 2021, 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 The following sums are hereby are appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 for the fiscal year ending September 30, 2021, and for 

6 other purposes, namely: 


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1 TITLE I 

2 DEPARTMENT OF DEFENSE 

3 MILITARY PERSONNEL 

4 NATIONAL GUARD PERSONNEL, ARMY

5 For an additional amount for ‘‘National Guard Per6 sonnel, Army’’, $231,000,000, to respond to the events at 

7 the United States Capitol Complex on January 6, 2021, 

8 and for related purposes: Provided, That such amount is 

9 designated by the Congress as being for an emergency re10 quirement pursuant to section 251(b)(2)(A)(i) of the Bal11 anced Budget and Emergency Deficit Control Act of 1985. 

12 NATIONAL GUARD PERSONNEL, AIR FORCE

13 For an additional amount for ‘‘National Guard Per14 sonnel, Air Force’’, $28,900,000, to respond to the events 

15 at the United States Capitol Complex on January 6, 2021, 

16 and for related purposes: Provided, That such amount is 

17 designated by the Congress as being for an emergency re18 quirement pursuant to section 251(b)(2)(A)(i) of the Bal19 anced Budget and Emergency Deficit Control Act of 1985. 

20 OPERATION AND MAINTENANCE, ARMY NATIONAL

21 GUARD

22 For an additional amount for ‘‘Operation and Main23 tenance, Army National Guard’’, $218,500,000 to respond 

24 to the events at the United States Capitol Complex on 

25 January 6, 2021, and for related purposes: Provided, That 


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1 such amount is designated by the Congress as being for 

2 an emergency requirement pursuant to section 

3 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

4 Deficit Control Act of 1985. 

5 OPERATION AND MAINTENANCE, AIR NATIONAL GUARD

6 For an additional amount for ‘‘Operation and Main7 tenance, Air National Guard’’, $42,500,000 to respond to 

8 the events at the United States Capitol Complex on Janu9 ary 6, 2021, and for related purposes: Provided, That such 

10 amount is designated by the Congress as being for an 

11 emergency requirement pursuant to section 

12 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

13 Deficit Control Act of 1985. 

14 TITLE II 

15 LEGISLATIVE BRANCH 

16 CAPITOL POLICE 

17 SALARIES

18 For an additional amount for ‘‘Salaries’’, 

19 $37,495,000, to remain available until September 30, 

20 2022, to respond to the events at the United States Cap21 itol on January 6, 2021, and for related purposes: Pro22 vided, That of such amount, $3,600,000 may remain 

23 available until expended for retention bonuses: Provided 

24 further, That of such amount, up to $6,900,000 shall be 

25 made available for hazard pay for employees of the Capitol 


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1 Police: Provided further, That of such amount, $1,361,300 

2 shall be made available for the wellness program for the 

3 United States Capitol Police: Provided further, That such 

4 amount is designated by the Congress as being for an 

5 emergency requirement pursuant to section 

6 251(b)(2)(A)(i) of the Balanced Budget and Emergency 

7 Deficit Control Act of 1985. 

8 GENERAL EXPENSES

9 (INCLUDING TRANSFER OF FUNDS)

10 For an additional amount for ‘‘General Expenses’’, 

11 $33,169,000, to remain available until September 30, 

12 2022, to respond to the events at the United States Cap13 itol on January 6, 2021, and for related purposes: Pro14 vided, That of such amount, $2,628,000 shall remain 

15 available until expended for physical protection barriers 

16 and various civil disturbance unit equipment: Provided 

17 further, That amounts provided under this heading in this 

18 chapter for physical protection barriers may be transferred 

19 to and merged with the Capitol Police Building and 

20 Grounds Account of the Architect of the Capitol: Provided 

21 further, That of such amount, not less than $5,000,000 

22 shall be made available for reimbursable agreements with 

23 State and local law enforcement agencies and not less than 

24 $4,800,000 shall be available for protective details for 

25 Members of Congress, including Delegates and the ResiVerDate Sep 11 2014 01:09 Jul 13, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2312.IS S2312

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1 dent Commissioner to the Congress: Provided further, 

2 That of such amount, up to $2,500,000 may be trans3 ferred to ‘‘Department of Justice—United States Mar4 shals Service—Salaries and Expenses’’ for the purpose of 

5 reimbursements for providing peer-to-peer and group 

6 counseling services to the Capitol Police and training and 

7 technical and related assistance necessary to establish a 

8 peer-to-peer and group counseling program within the 

9 Capitol Police: Provided further, That such amount is des10 ignated by the Congress as being for an emergency re11 quirement pursuant to section 251(b)(2)(A)(i) of the Bal12 anced Budget and Emergency Deficit Control Act of 1985. 

13 UNITED STATES CAPITOL POLICE MUTUAL AID

14 REIMBURSEMENTS

15 For an additional amount for United States Capitol 

16 Police ‘‘General Expenses’’, $26,300,000, to remain avail17 able until September 30, 2026, for reimbursements for 

18 mutual aid and related training, including mutual aid and 

19 training provided under the agreements described in sec20 tion 7302 of Public Law 108–458: Provided, That obliga21 tion of the funds made available in the preceding proviso 

22 be subject to notification to the Chairmen and Ranking 

23 Members of Committees on Appropriations of both Houses 

24 of Congress, the Senate Committee on Rules and Adminis25 tration, and the Committee on House Administration of 


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1 the amount and purpose of the expense within 15 days 

2 of obligation: Provided further, That such amount is des3 ignated by the Congress as being for an emergency re4 quirement pursuant to section 251(b)(2)(A)(i) of the Bal5 anced Budget and Emergency Deficit Control Act of 1985. 

6 ADMINISTRATIVE PROVISIONS

7 CAPITOL POLICE SALARY CAP ADJUSTMENT

8 SEC. 201. For the purposes of administering pay dur9 ing calendar year 2021, the limitation on the maximum 

10 rate of gross compensation for any member or civilian em11 ployee of the Capitol Police whose compensation includes 

12 overtime pay under the Fair Labor Standards Act of 1938 

13 (29 U.S.C. 201 et seq.) shall be limited to Executive 

14 Schedule II at $199,300. Excluded from this limitation 

15 for calendar year 2021 shall be retention bonuses and haz16 ard bonuses related to the events of January 6th. 

17 EMERGENCY ASSISTANCE FOR THE CAPITOL POLICE

18 SEC. 202. (a) ASSISTANCE BY EXECUTIVE DEPART19 MENTS AND AGENCIES.—Section 911(a) of division B of 

20 the Department of Defense and Emergency Supplemental 

21 Appropriations for Recovery from and Response to Ter22 rorist Attacks on the United States Act, 2002 (2 U.S.C. 

23 1970(a)) is amended— 


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1 (1) in paragraph (1), by inserting ‘‘or in ac2 cordance with paragraph (4)’’ before ‘‘and on a per3 manent’’; 

4 (2) in paragraph (4)(B)— 

5 (A) in the matter preceding clause (i), by 

6 striking ‘‘advance’’; and 

7 (B) in clause (ii)— 

8 (i) in subclause (I), by striking ‘‘or’’ 

9 after the semicolon; 

10 (ii) in subclause (II), by striking 

11 ‘‘and’’ after the semicolon and inserting 

12 ‘‘or’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(III) the Chief of the Capitol 

16 Police, if the Chief of the Capitol Po17 lice has determined that the provision 

18 of assistance is necessary to prevent 

19 the significant disruption of govern20 mental function and public order 

21 within the United States Capitol 

22 Buildings and Grounds, as described 

23 in section 9 of the Act entitled ‘An 

24 Act to define the area of the United 

25 States Capitol Grounds, to regulate 


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1 the use thereof, and for other pur2 poses’, approved July 31, 1946 (2 

3 U.S.C. 1961); and’’; and 

4 (3) by adding at the end the following: 

5 ‘‘(5) REVOCATION.—The Capitol Police Board 

6 may revoke a request for assistance provided under 

7 paragraph (4)(B)(ii)(III) upon consultation with ap8 propriate Members of the Senate and House of Rep9 resentatives in leadership positions.’’. 

10 (b) CAPITOL POLICE SPECIAL OFFICERS.—Section 

11 1017 of division H of the Consolidated Appropriations 

12 Resolution, 2003 (2 U.S.C. 1974) is amended— 

13 (1) in subsection (a)— 

14 (A) in the matter preceding paragraph (1), 

15 by inserting ‘‘or as determined by the Chief of 

16 the Capitol Police in accordance with section 

17 911(a)(4)(B)(ii)(III) of division B of the De18 partment of Defense and Emergency Supple19 mental Appropriations for Recovery from and 

20 Response to Terrorist Attacks on the United 

21 States Act, 2002 (2 U.S.C. 

22 1970(a)(4)(B)(ii)(III)),’’ after ‘‘Congress,’’; and 

23 (B) by adding at the end the following: 

24 ‘‘An appointment under this section due to an emergency 

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1 graph (4)(B)(ii)(III) of section 911(a) of division B of the 

2 Department of Defense and Emergency Supplemental Ap3 propriations for Recovery from and Response to Terrorist 

4 Attacks on the United States Act, 2002 (2 U.S.C. 

5 1970(a)) shall be in effect for the period of the emergency, 

6 unless and until the Capitol Police Board revokes the re7 quest for assistance under paragraph (5) of such section.’’; 

8 (2) by striking subsections (c) and (e); 

9 (3) by redesignating subsections (d), (f), and 

10 (g) as subsections (c), (d), and (e), respectively; and 

11 (4) in subsection (d), as redesignated by para12 graph (3) of this subsection, by striking ‘‘President 

13 pro tempore’’ and inserting ‘‘Majority Leader’’. 

14 (c)(1) JOINT OVERSIGHT HEARINGS.—The Com15 mittee on Rules and Administration of the Senate and the 

16 Committee on House Administration of the House of Rep17 resentatives (referred to in this section as the ‘‘Commit18 tees’’) are authorized to jointly conduct oversight hearings 

19 regarding the Capitol Police Board and may request the 

20 attendance of all members of the Capitol Police Board at 

21 any such hearing. Members of the Capitol Police Board 

22 shall attend a joint hearing under this section, as re23 quested and under such rules or procedures as may be 

24 adopted by the Committees. 


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1 (2) TIMING.—The Committees may conduct oversight 

2 hearings under this section as determined appropriate by 

3 the Committees, but shall conduct not less than one over4 sight hearing under this section during each Congress. 

5 (d) EFFECTIVE DATE.—The amendments made by 

6 this section shall take effect on October 1, 2021. 

7 ARCHITECT OF THE CAPITOL 

8 CAPITAL CONSTRUCTION AND OPERATIONS

9 For an additional amount for ‘‘Capital Construction 

10 and Operations’’, $15,000,000, to remain available until 

11 September 30, 2022, to respond to the events at the 

12 United States Capitol on January 6, 2021, by securing 

13 vulnerabilities of windows and doors in the United States 

14 Capitol Building: Provided, That such amount is des15 ignated by the Congress as being for an emergency re16 quirement pursuant to section 251(b)(2)(A)(i) of the Bal17 anced Budget and Emergency Deficit Control Act of 1985. 

18 TITLE III 

19 GENERAL PROVISIONS—THIS ACT 

20 SEC. 301. 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. 302. No part of any appropriation contained in 

24 this Act shall remain available for obligation beyond the 

25 current fiscal year unless expressly so provided herein. 


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1 SEC. 303. 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 2021. 

6 SEC. 304. Each amount appropriated in this Act may 

7 be made available to restore amounts, either directly or 

8 through reimbursement, for obligations incurred for the 

9 purposes provided herein for such appropriation prior to 

10 the date of the enactment of this Act. 

11 SEC. 305. Each amount designated in this Act by the 

12 Congress as being for an emergency requirement pursuant 

13 to section 251(b)(2)(A)(i) of the Balanced Budget and 

14 Emergency Deficit Control Act of 1985 shall be available 

15 (or rescinded or transferred, if applicable) only if the 

16 President subsequently so designates all such amounts 

17 and transmits such designations to the Congress. 

18 SEC. 306. Any amount appropriated by this Act, des19 ignated by the Congress as an emergency requirement 

20 pursuant to section 251(b)(2)(A)(i) of the Balanced Budg21 et and Emergency Deficit Control Act of 1985 and subse22 quently so designated by the President, and transferred 

23 pursuant to transfer authorities provided by this Act shall 

24 retain such designation. 

Æ 


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