Extending Government Funding and Delivering Emergency Assistance Act

Making continuing appropriations for the fiscal year ending September 30, 2022, and for providing emergency assistance, and for other purposes. 1. Short title This Act may be cited as the Extending Government Funding and Delivering Emergency Assistance Act 2. Table of Contents Sec. 1. Short Title Sec. 2. Table of Contents. Sec. 3. References. Division A—Continuing Appropriations Act, 2022 Division B—Disaster Relief Supplemental Appropriations Act, 2022 Division C—Afghanistan Supplemental Appropriations Act, 2022 Division D—Other Matters Title I—Extensions, Technical Corrections, and Other Matters Title II—Budgetary Effects 3. References Except as expressly provided otherwise, any reference to this Act A Continuing Appropriations Act, 2022 The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2022, and for other purposes, namely: 101. Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2021 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2021, and for which appropriations, funds, or other authority were made available in the following appropriations Acts: (1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2021 (division A of Public Law 116–260 Public Law 116–260 (2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2021 (division B of Public Law 116–260 (3) The Department of Defense Appropriations Act, 2021 (division C of Public Law 116–260 (4) The Energy and Water Development and Related Agencies Appropriations Act, 2021 (division D of Public Law 116–260 Department of Energy—Energy Programs—Science Department of Energy—Energy Programs—Title 17 Innovative Technology Loan Guarantee Program Department of Energy—Energy Programs—Advanced Technology Vehicles Manufacturing Loan Program (5) The Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 Presidential Transition Administrative Support General Services Administration—Expenses, Presidential Transition District of Columbia—Federal Funds—Federal Payment for Emergency Planning and Security Costs in the District of Columbia (6) The Department of Homeland Security Appropriations Act, 2021 (division F of Public Law 116–260 Public Law 116–260 (7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2021 (division G of Public Law 116–260 (8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2021 (division H of Public Law 116–260 (9) The Legislative Branch Appropriations Act, 2021 (division I of Public Law 116–260 Public Law 116–260 (10) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2021 (division J of Public Law 116–260 (11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2021 (division K of Public Law 116–260 Consular and Border Security Programs (12) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2021 (division L of Public Law 116–260 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2021 or prior years; (2) the increase in production rates above those sustained with fiscal year 2021 funds; or (3) The initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2021. (b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2021. 105. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act. 106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2022, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs: (1) The enactment into law of an appropriation for any project or activity provided for in this Act. (2) The enactment into law of the applicable appropriations Act for fiscal year 2022 without any provision for such project or activity. (3) December 3, 2021. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law. 108. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds. 109. Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2022 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives. 110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities. 111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2021, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2021, to be continued through the date specified in section 106(3). (b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2021 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2021, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses. 113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 22 U.S.C. 2412 22 U.S.C. 2680 22 U.S.C. 6212 50 U.S.C. 3094(a)(1) 114. (a) Each amount incorporated by reference in this Act that was previously designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress as an emergency requirement pursuant to section 4001 of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022, or as being for disaster relief pursuant to sections 4004(b)(6) and 4005(f) of such concurrent resolution, respectively. (b) All references to sections 251(b)(2)(B), 251(b)(2)(B)(ii)(III), 251(b)(2)(C), 251(b)(2)(C)(ii), 251(b)(2)(E)(ii), 251(b)(2)(E)(i)(II), 251(b)(2)(F), and 251(b)(2)(F)(ii)(I) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 901(b) (c) This section shall become effective immediately upon enactment of this Act, and shall remain in effect through the date in section 106(3). 115. (a) Rescissions or cancellations of discretionary budget authority that continue pursuant to section 101 in Treasury Appropriations Fund Symbols (TAFS)— (1) to which other appropriations are not provided by this Act, but for which there is a current applicable TAFS that does receive an appropriation in this Act; or (2) which are no-year TAFS and receive other appropriations in this Act, may be continued instead by reducing the rate for operations otherwise provided by section 101 for such current applicable TAFS, as long as doing so does not impinge on the final funding prerogatives of the Congress. (b) Rescissions or cancellations described in subsection (a) shall continue in an amount equal to the lesser of— (1) the amount specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act; or (2) the amount of balances available, as of October 1, 2021, from the funds specified for rescission or cancellation in the applicable appropriations Act referenced in section 101 of this Act. (c) No later than November 22, 2021, the Director of the Office of Management and Budget shall provide to the Committees on Appropriations of the House of Representatives and the Senate a comprehensive list of the rescissions or cancellations that will continue pursuant to section 101: Provided 116. Amounts made available by section 101 for Farm Service Agency—Agricultural Credit Insurance Fund Program Account 7 U.S.C. 1922 et seq. 117. Notwithstanding section 101, amounts are available to the Department of Agriculture for Rural Business—Cooperative Service—Rural Microentrepreneur Assistance Program 7 U.S.C. 2008s 118. (a) In carrying out the Special Supplemental Nutrition Program for Women, Infants, and Children for the first quarter of fiscal year 2022, the Secretary of Agriculture shall increase the amount of a cash-value voucher to an amount recommended by the National Academies of Science, Engineering and Medicine and adjusted for inflation for women and children participants. (b) Amounts made available by section 101 to the Department of Agriculture for Domestic Food Programs-Food and Nutrition Service-Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) 119. Notwithstanding sections 102 and 104, in addition to amounts otherwise provided by section 101, amounts are provided to the Department of Defense for Procurement—Other Procurement, Air Force 120. Amounts made available by section 101 to the Department of Defense for Procurement—Procurement, Defense-Wide 121. Notwithstanding sections 102 and 104, amounts made available by section 101 to the Department of Defense for Research, Development, Test and Evaluation—Research, Development, Test and Evaluation, Air Force 122. During the period covered by this Act, the limitation at section 2208(l)(3) of title 10, United States Code, shall not apply with respect to advance billing for orders for relief efforts related to the COVID–19 pandemic. 123. (a) Funding provided in prior Acts making appropriations for energy and water development and related agencies for fiscal years 2019, 2020, and 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources Public Law 114–322 (b) Funding provided in the Energy and Water Development and Related Agencies Appropriations Act, 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources Public Law 114–322 (c) Funding provided in the Energy and Water Development and Related Agencies Appropriations Act, 2021 under the heading Department of the Interior—Bureau of Reclamation—Water and Related Resources Public Law 114–322 124. (a) During the period covered by this Act, title I of Public Law 108–361 Public Law 114–322 2022 2021 (b) During the period covered by this Act, section 9106(g)(2) of Public Law 111–11 2022 2021 (c) During the period covered by this Act, section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2214(c) 2022 2021 (d) During the period covered by this Act, section 301 of the Reclamation States Emergency Drought Relief Act of 1991 ( 43 U.S.C. 2241 2022 2021 125. (a) Notwithstanding section 101, section 506 of division D of Public Law 116–260 $841,000,000 $291,000,000 (b) Amounts provided by this Act for Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund (c) The Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 3 days after each use of the authority provided in subsection (b). 126. Notwithstanding section 101, amounts are provided for Executive Office of the President and Funds Appropriated to the President—The White House—Salaries and Expenses 127. Notwithstanding section 101, amounts are provided for General Services Administration—Allowances and Office Staff for Former Presidents 128. Amounts made available by section 101 for Small Business Administration—Business Loans Program Account 15 U.S.C. 636(a) 15 U.S.C. 634(g) 15 U.S.C. 697 15 U.S.C. 683(b) 129. Notwithstanding section 101, amounts are provided for District of Columbia—Federal Funds—Federal Payment to the Court Services and Offender Supervision Agency for the District of Columbia Provided Public Law 116–260 $70,574,000 $66,743,000 130. Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds made available under the heading District of Columbia—District of Columbia Funds Public Law 116–260 131. Section 330(e)(3) of title 11, United States Code, is amended by striking in that fiscal year 132. In addition to amounts otherwise provided by section 101, an amount is provided to the Department of Homeland Security for U.S. Citizenship and Immigration Services—Operations and Support Provided 8 U.S.C. 1356(m) Provided further 133. Amounts made available by section 101 to the Department of Homeland Security under the heading Federal Emergency Management Agency—Disaster Relief Fund 42 U.S.C. 5121 et seq. 134. (a) Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 ( 42 U.S.C. 4016(a) September 30, 2021 (b) If this Act is enacted after September 30, 2021, this section shall be applied as if it were in effect on September 30, 2021. 135. Amounts made available by section 101 for Department of the Interior—National Park Service—National Recreation and Preservation Provided September 30, 2021 Provided further Public Law 109–338 136. Notwithstanding subsection (c)(2)(B) of section 200303 of title 54, United States Codes, during the period covered by this Act amounts made available from the Land and Water Conservation Fund for fiscal year 2022 pursuant to subsection (a) of such section of such title shall be allocated by the Secretary of the Interior or the Secretary of Agriculture, as appropriate, only for the following agencies and accounts, for the purposes specified, and in the amounts specified multiplied by the percentage of fiscal year 2022 covered by this Act: (1) Department of the Interior—Bureau of Land Management—Land Acquisition (2) Department of the Interior—United States Fish and Wildlife Service—Land Acquisition (3) Department of the Interior—National Park Service—Land Acquisition and State Assistance (4) Department of the Interior—Office of the Secretary—Departmental Operations (5) Department of Agriculture—Forest Service—State and Private Forestry (6) Department of Agriculture—Forest Service—Land Acquisition 137. (a) In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Indian Health Service—Indian Health Services (b) In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Indian Health Service—Indian Health Facilities 138. In addition to amounts otherwise provided by section 101, for Department of Health and Human Services—Centers for Disease Control and Prevention—Environmental Health 139. (a) Funds made available in Public Law 114–113 (b) (1) Subject to paragraph (2), this section shall become effective immediately upon enactment of this Act. (2) If this Act is enacted after September 30, 2021, this section shall be applied as if it were in effect on September 30, 2021. 140. In addition to amounts provided by section 101, amounts are provided for Department of Health and Human Services—Substance Abuse and Mental Health Services Administration—Mental Health 42 U.S.C. 290bb–36c 141. In addition to amounts otherwise provided by this Act, for Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance Provided Provided further Provided further Provided further 142. Amounts made available by section 101 for Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance 143. Not later than 90 days after the date of enactment of this Act, and every 90 days thereafter through fiscal year 2022, the Secretary of Health and Human Services shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate on (1) the total number of children that the Office of Refugee Resettlement has released to sponsors living in the United States, disaggregated by State, and (2) the number of children that the Office of Refugee Resettlement has released to sponsors living in the United States for whom the Office of Refugee Resettlement has successfully conducted safety and welfare checks, and provided post-release services as appropriate, for the most recent quarter such data are available. 144. Not later than 10 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide a report to the Committees on Appropriations of the House of Representatives and the Senate, and disclose on a publicly available website, on all transfers made for carrying out section 462 of the Homeland Security Act of 2002 or section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 during fiscal year 2021. This report shall include: (1) a list of the source of funds transferred by public law; (2) the program, project, or activity funds were transferred from and the corresponding amount that was transferred; (3) date of transfer; (4) the number of children referred to the Office of Refugee Resettlement (ORR) by month for fiscal year 2021; and (5) the age distribution of the children referred to ORR by month for fiscal year 2021: Provided 145. During the period covered by this Act, for services furnished under the Community Services Block Grant Act ( CSBG Act Public Law 116–260 Public Law 116–136 200 percent 125 percent 146. For purposes of annual leave accumulated in fiscal year 2021, the authority provided in section 2106 of division C of Public Law 116–159 2021 2020 147. Activities authorized by part A of title IV (other than under section 403(c) or 418) and section 1108(b) of the Social Security Act shall continue through the date specified in section 106(3), in the manner authorized for fiscal year 2021, and out of any money in the Treasury of the United States not otherwise appropriated, there are hereby appropriated such sums as may be necessary for such purpose. 148. Section 114(f) of the Higher Education Act of 1965 ( 20 U.S.C. 1011c(f) September 30, 2021 149. Section 458(a)(4) of the Higher Education Act of 1965 ( 20 U.S.C. 1087h(a)(4) 2022 2021 150. Notwithstanding section 101, section 116 of division J of Public Law 116–260 fifth fiscal year fourth fiscal year 151. During the period covered by this Act, the Secretary of Veterans Affairs may transfer up to $193,500,000 of the unobligated balances from amounts made available for fiscal year 2021 under the heading Veterans Health Administration—Medical Services Public Law 116–94 Public Law 117–2 (1) Veterans Benefits Administration—General Operating Expenses, Veterans Benefits Administration (2) Departmental Administration—Board of Veterans Appeals (3) Departmental Administration—Information Technology Systems Provided Presumptive Service Connection for Respiratory Conditions Due to Exposure to Particulate Matter 152. Amounts made available by section 101 to United States Government-funded entities for Related Agency—United States Agency for Global Media—International Broadcasting Operations Related Programs—The Asia Foundation Related Programs—United States Institute of Peace Related Programs—National Endowment for Democracy 153. Section 21009 of the Coronavirus Aid, Relief, and Economic Security Act ( Public Law 116–136 154. Amounts made available by section 101 to the United States International Development Finance Corporation for Corporate Capital Account Program Account Public Law 115–254 Provided 155. Section 1334 of the Foreign Affairs Reform and Restructuring Act of 1998 ( 22 U.S.C. 6553 October 1, 2021 156. Notwithstanding section 101, amounts are provided for Department of Transportation—Office of the Secretary—Payments to Air Carriers 157. Amounts made available by section 101 to the Department of Housing and Urban Development in the third paragraph under the heading Public and Indian Housing—Native American Programs 158. In addition to amounts otherwise provided by section 101, for Procurement—Procurement, Defense-Wide Provided Provided further Provided further Provided further This division may be cited as the Continuing Appropriations Act, 2022 B Disaster Relief Supplemental Appropriations Act, 2022 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: I Department of Agriculture Agricultural Programs Processing, Research and Marketing Office of the Secretary For an additional amount for the Office of the Secretary Provided Provided further Provided further Provided further 7 U.S.C. 7272 Public Law 116–20 Department of Agriculture—Agricultural Programs—Processing, Research and Marketing—Office of the Secretary Public Law 116–94 Provided further Provided further Provided further Provided further Provided further Provided further 7 U.S.C. 1501 et seq. 7 U.S.C. 7333 Provided further 7 U.S.C. 1501 et seq. Provided further Provided further Farm Production and Conservation Programs Natural Resources Conservation Service Watershed and Flood Prevention Operations For an additional amount for Watershed and Flood Prevention Operations II Department of Commerce National Institute of Standards and Technology Scientific and Technical Research and Services For an additional amount for Scientific and Technical Research and Services 15 U.S.C. 7301 National Oceanic and Atmospheric Administration Operations, Research, and Facilities For an additional amount for Operations, Research, and Facilities (1) $4,709,000 for repair and replacement of observing assets, real property, and equipment; (2) $3,425,000 for marine debris assessment and removal; (3) $4,700,000 for mapping, charting, and geodesy services; (4) $35,000,000 to improve: (A) hurricane intensity and track forecasting, including through deployment of unmanned ocean observing platforms and enhanced data assimilation; and (B) precipitation and flood prediction, forecasting, and mitigation capabilities; (5) $20,000,000 to improve wildfire research, prediction, detection, forecasting, monitoring, data management, and communication and engagement; and (6) $25,000,000 for Title IX Fund grants as authorized under section 906(c) of division O of Public Law 114–113 Provided Procurement, Acquisition and Construction For an additional amount for Procurement, Acquisition and Construction (1) $2,205,000 for repair and replacement of observing assets, real property, and equipment; and (2) $50,000,000 for improvements to operational and research weather and climate supercomputing and dissemination infrastructure, observing assets, and satellites, along with associated ground systems, used for hurricane intensity and track prediction; precipitation and flood prediction, forecasting, and mitigation; and wildfire research, prediction, detection, forecasting, and monitoring: Provided Fisheries Disaster Assistance For an additional amount for Fisheries Disaster Assistance Provided Science National Aeronautics and Space Administration Construction and Environmental Compliance and Restoration (Including Transfer of Funds) For an additional amount for Construction and Environmental Compliance and Restoration Provided Exploration Provided further National Science Foundation Major Research Equipment and Facilities Construction For an additional amount for Major Research Equipment and Facilities Construction Related Agencies Legal Services Corporation Payment to the Legal Services Corporation For an additional amount for Payment to the Legal Services Corporation Provided Public Law 105–119 Public Law 104–134 Public Law 105–119 Provided further III Department of Defense Department of Defense—Military Operation and Maintenance Operation and Maintenance, Navy For an additional amount for Operation and Maintenance, Navy Operation and Maintenance, Air Force For an additional amount for Operation and Maintenance, Air Force General Provision—This Title 1301. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. IV Corps of Engineers—Civil Department of the Army Investigations For an additional amount for Investigations Provided 42 U.S.C. 5121 et seq. Provided further Construction For an additional amount for Construction Investigations Provided 42 U.S.C. 5121 et seq. Provided further Provided further Provided further Public Law 99–662 Provided further Provided further Provided further Provided further Mississippi River and Tributaries For an additional amount for Mississippi River and Tributaries Provided Provided further 42 U.S.C. 5121 et seq. Provided further Provided further Provided further Public Law 99–662 Provided further Provided further Operation and Maintenance For an additional amount for Operation and Maintenance Provided Flood Control and Coastal Emergencies For an additional amount for Flood Control and Coastal Emergencies 33 U.S.C. 701n Provided Provided further Expenses For an additional amount for Expenses Provided Department of the Interior Central Utah Project Central Utah Project Completion Account For an additional amount for Central Utah Project Completion Account Bureau of Reclamation Water and Related Resources For an additional amount for Water and Related Resources Provided Provided further Provided further Department of Energy Energy Programs Strategic Petroleum Reserve For an additional amount for Strategic Petroleum Reserve V Independent Agencies Small Business Administration Disaster Loans Program Account (Including Transfer of Funds) For an additional amount for Disaster Loans Program Account Provided Salaries and Expenses VI Department of Homeland Security Protection, Preparedness, Response, and Recovery Federal Emergency Management Agency Federal Assistance For an additional amount for Federal Assistance 42 U.S.C. 4001 et seq. 42 U.S.C. 5121 42 U.S.C. 7701 General Provision—This Title 1601. (a) Repayments of the remaining balances of all loans, as of September 30, 2021, by the Federal Emergency Management Agency under section 417 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act ( 42 U.S.C. 5184 (b) Of the unobligated balances available to the Department of Homeland Security for Federal Emergency Management Agency—Disaster Relief Fund (c) Each amount repurposed or transferred by this section that was previously designated by the Congress as an emergency requirement or as being for disaster relief pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 or a concurrent resolution on the budget is designated by the Congress as an emergency requirement pursuant to section 4001(a)(1) and section 4001(b), or as being for disaster relief pursuant to section 4004(b)(6) and section 4005(f), respectively, of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. VII Department of the Interior Bureau of Land Management Management of Lands and Resources For an additional amount for Management of Lands and Resources United States Fish and Wildlife Service Construction For an additional amount for Construction National Park Service Construction For an additional amount for Construction United States Geological Survey Surveys, Investigations, and Research For an additional amount for Surveys, Investigations, and Research Bureau of Safety and Environmental Enforcement Offshore Safety and Environmental Enforcement For an additional amount for Offshore Safety and Environmental Enforcement Bureau of Indian Affairs Construction For an additional amount for Construction Department-Wide Programs Wildland Fire Management (Including Transfer of Funds) For an additional amount for Wildland Fire Management Provided Provided further Related Agencies Department of Agriculture Forest Service Forest Service Operations For an additional amount for Forest Service Operations Forest and Rangeland Research For an additional amount for Forest and Rangeland Research State and Private Forestry For an additional amount for State and Private Forestry National Forest System For an additional amount for National Forest System Provided Provided further Capital Improvement and Maintenance For an additional amount for Capital Improvement and Maintenance General Provision—This Title 1701. (a) (1) If services performed by the designated employees under paragraph (2) of this subsection at the Department of the Interior or the Department of Agriculture during 2021 are determined by the Secretary of the Interior or the Secretary of Agriculture, as applicable, to be primarily related to emergency wildland fire suppression activities, any premium pay for such services shall be disregarded in calculating the aggregate of such employee’s basic pay and premium pay for purposes of a limitation under section 5547(a) of title 5, United States Code, or under any other provision of law, whether such employee’s pay is paid on a biweekly or calendar year basis. Any services during 2021 that generate payments payable in 2022 shall be disregarded in applying this subsection. (2) The premium pay waiver under paragraph (1) of this subsection shall apply to individuals serving as wildland firefighters and as fire management response officials, including regional fire directors, deputy regional fire directors, agency officials who directly oversee fire operations, and fire management officers, and individuals serving on incident management teams (IMTs), at the National Interagency Fire Center (NIFC), at Geographic Area Coordinating Centers (GACCs), and at Operations centers. (3) The Departments of the Interior and Agriculture shall provide a report to Congress detailing the number of positions, including by occupation, grade, and the aggregate pay by type of pay for each individual who receives pay authorized under subsection (a)(1). (b) Any overtime pay for services described in subsection (a) that is payable under an authority outside of title 5, United States Code, shall be disregarded in calculating any annual limit on the amount of overtime pay payable in 2021. (c) Any pay that is disregarded under either subsection (a) or (b) shall be disregarded in calculating such employee’s aggregate pay for purposes of applying the limitation in section 5307 of title 5, United States Code, during 2021. (d) (1) Pay that is disregarded under subsection (a) or (b) shall not cause the aggregate of the employee’s basic pay and premium pay for the applicable calendar year to exceed the rate of basic pay payable for a position at level II of the Executive Schedule under section 5313 of title 5, United States Code, as in effect at the end of such calendar year. (2) For purposes of applying this subsection to an employee who would otherwise be subject to the premium pay limits established under section 5547 of title 5, United States Code, premium pay (3) For purposes of applying this subsection to an employee under a premium pay limit established under an authority other than section 5547 of title 5, United States Code, the agency responsible for administering such limit shall determine what payments are considered premium pay. (4) For the purpose of applying this subsection, basic pay (e) This section shall take effect as if enacted on January 1, 2021. (f) If application of this section results in the payment of additional premium pay to a covered employee of a type that is normally creditable as basic pay for retirement or any other purpose, that additional pay shall not— (1) be considered to be basic pay of the covered employee for any purpose; or (2) be used in computing a lump-sum payment to the covered employee for accumulated and accrued annual leave under section 5551 or section 5552 of title 5, United States Code, or other similar provision of law. (g) Not later than 45 days after the date of enactment of this Act, the Secretary of the Interior and Secretary of Agriculture shall jointly provide to the Committees on Appropriations of the House of Representatives and the Senate, the Senate Committee on Agriculture Nutrition and Forestry, the House of Representatives Committee on Agriculture, the Senate Committee on Energy and Natural Resources, the House of Representatives Committee on Natural Resources, Senate Committee on Homeland Security and Governmental Affairs, and the House of Representatives Committee on Oversight and Reform, a framework to modernize the wildland firefighting workforce beginning in fiscal year 2022. VIII Department of Transportation Federal Aviation Administration Facilities and Equipment For an additional amount for Facilities and Equipment Federal Highway Administration Emergency Relief Program For an additional amount for the Emergency Relief Program Department of Housing and Urban Development Community Planning and Development Community Development Fund (Including Transfers of Funds) For an additional amount for Community Development Fund 42 U.S.C. 5301 et seq. 42 U.S.C. 5121 et seq. Provided 42 U.S.C. 5302 Provided further Provided further Provided further Provided further 42 U.S.C. 5305(a)(9) Provided further Provided further 42 U.S.C. 5155 Provided further Public Law 115–254 42 U.S.C. 5155 Provided further Provided further Provided further Provided further 42 U.S.C. 5306 Provided further Provided further Provided further 42 U.S.C. 5121 et seq. Provided further 42 U.S.C. 5304(g)(2) 42 U.S.C. 4321 et seq. Provided further Provided further 42 U.S.C. 5301 et seq. Provided further Provided further Provided further Department of Housing and Urban Development—Program Office Salaries and Expenses—Community Planning and Development Community Development Fund IX General Provisions—This Act 1901. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 1902. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 1903. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. 1904. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. This division may be cited as the Disaster Relief Supplemental Appropriations Act, 2022 C Afghanistan Supplemental Appropriations Act, 2022 The following sums are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2022, and for other purposes, namely: I Department of Justice Federal Bureau of Investigation Salaries and Expenses For an additional amount for Salaries and Expenses II Department of Defense Operation and Maintenance Overseas Humanitarian, Disaster, and Civic Aid For an additional amount for Overseas Humanitarian, Disaster, and Civic Aid General Provisions—This Title 2201. Not later than 30 days after the date of enactment of this Act, and every 30 days thereafter through fiscal year 2022, the Secretary of Defense shall provide a written report to the congressional defense committees describing the execution of funds provided in this title, including the amounts obligated and expended, in total and since the previous report; the nature of the costs incurred or services provided by such funds; and any reimbursements or funds transferred by another Federal agency to the Department of Defense which relates to the purpose of the funds provided by this title. 2202. Notwithstanding any other provision of law, funds provided by this title shall only be for the purposes specified, and shall not be subject to any transfer authority provided by law. 2203. The Inspector General of the Department of Defense shall carry out reviews of the activities of the Department of Defense to transport and care for Afghans, including but not limited to, the humane treatment and living conditions of Afghans at any Department of Defense facility; the use of funds by the Department of Defense to support such persons, including the monitoring of potential waste, fraud, or abuse of such funds; and any related issues that the Inspector General may direct: Provided 2204. Title IX of division C of Public Law 116–260 Afghanistan Security Forces Fund Provided further 2205. Not later than 90 days after the date of enactment of this Act, the Secretary of Defense, in consultation with the Service Secretaries and the Commander of United States Central Command, shall submit to the congressional defense committees a report regarding the disposition of United States property, equipment, and supplies, including property, equipment, and supplies provided to the Afghanistan National Security Forces, which were destroyed, taken out of Afghanistan, or remain in Afghanistan in connection with the United States military withdrawal: Provided, That such report shall include information on the future plans of the Department of Defense regarding any such items. III Department of Health and Human Services Centers for Disease Control and Prevention CDC–Wide Activities and Program Support For an additional amount for CDC–Wide Activities and Program Support Administration for Children and Families Refugee and Entrant Assistance For an additional amount for Refugee and Entrant Assistance Provided Provided further Children and Families Services Programs For an additional amount for Children and Families Services Programs General Provision—This Title 2301. (a) Not later than 45 days after the date of enactment of this Act, the Secretary of Health and Human Services, the Secretary of State, and the Secretary of Homeland Security shall jointly submit a strategy on Afghan evacuee resettlement to the appropriate congressional committees and leadership describing agency roles and responsibilities, vetting, immigration status of each Afghan, and anticipated costs associated with implementing such strategy. (b) Definition of Afghan Evacuee In this section, the term Afghan evacuee IV Department of State Administration of Foreign Affairs Emergencies in the Diplomatic and Consular Service For an additional amount for Emergencies in the Diplomatic and Consular Service Bilateral Economic Assistance Funds Appropriated to the President International Disaster Assistance For an additional amount for International Disaster Assistance Department of State Migration and Refugee Assistance For an additional amount for Migration and Refugee Assistance United States Emergency Refugee and Migration Assistance Fund For an additional amount for United States Emergency Refugee and Migration Assistance Fund 22 U.S.C. 2601(c)(2) General Provisions—This Title 2401. During fiscal years 2022 and 2023, notwithstanding any applicable restrictions on the ability of the Department of State and the United States Agency for International Development to enter into personal services contracts, including section 704 of the Financial Services and General Government Appropriations Act, 2021 (division E of Public Law 116–260 22 U.S.C. 2669(c) 22 U.S.C. 2396(a)(3) 22 U.S.C. 2605(a)(6) 2402. The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act, a report on the proposed uses of funds appropriated by this title under the headings Emergencies in the Diplomatic and Consular Service United States Emergency Refugee and Migration Assistance Fund Provided 2403. Not later than 45 days after the date of enactment of this Act, the Secretary of State, in consultation with the Secretary of Homeland Security and the heads of other relevant Federal agencies, shall submit to the Committees on Appropriations a report on the status of the Priority 2 (P–2) designation granting United States Refugee Admissions Program (USRAP) access for certain at risk Afghan nationals and their eligible family members that was announced by the Department of State on August 2, 2021: Provided Provided further 2404. None of the funds appropriated in this title and made available for assistance for Afghanistan may be made available for direct assistance to the Taliban. V General Provisions—This Act 2501. In addition to amounts otherwise made available, there is appropriated for U.S. Citizenship and Immigration Services—Immigration Examination Fee Account 8 U.S.C. 1356(n) Provided 8 U.S.C. 1356(m) Provided further Provided further Provided further 2502. (a) In General Notwithstanding any other provision of law, a citizen or national of Afghanistan (or a person with no nationality who last habitually resided in Afghanistan) shall be eligible for the benefits described in subsections (b) and (c) if— (1) such individual completed security and law enforcement background checks to the satisfaction of the Secretary of Homeland Security and was subsequently— (A) paroled into the United States between July 31, 2021, and September 30, 2022; or (B) paroled into the United States after September 30, 2022, and— (i) is the spouse or child (as such term is defined under section 101(b) of the Immigration and Nationality Act ( 8 U.S.C. 1101(b) (ii) is the parent or legal guardian of an individual described in subparagraph (A) who is determined to be an unaccompanied child under 6 U.S.C. 279(g)(2) (2) such individual’s parole has not been terminated by the Secretary of Homeland Security. (b) Benefits An individual described in subsection (a) shall be eligible for— (1) resettlement assistance, entitlement programs, and other benefits available to refugees admitted under section 207 of the Immigration and Nationality Act ( 8 U.S.C. 1157 (2) services described under section 412(d)(2) of the Immigration and Nationality Act ( 8 U.S.C. 1522(d)(2) 6 U.S.C. 279(g)(2) (c) Expeditious adjudication of asylum applications With respect to an application for asylum under section 208 of the Immigration and Nationality Act ( 8 U.S.C. 1158 (1) the initial interview on the asylum application shall occur not later than 15 days after the date on which an application is filed; and (2) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 150 days after the date an application is filed. (d) Clarification Notwithstanding any other provision of law, nothing in this Act shall be interpreted to— (1) preclude an individual described in subsection (a), from applying for or receiving any immigration benefits to which such individual is otherwise entitled; or (2) entitle a person described in subsection (a) to adjustment of status to lawful permanent resident; or (3) preclude a person described in subsection (a) from applying for a driver’s license or identification card for which they are eligible under state law. (e) Report Not later than 120 days after the date of enactment of this Act, and every 3 months thereafter, the Secretary of Homeland Security, in consultation with the Secretary of Defense and the Secretary of State, shall submit a report to Congress detailing the number individuals described in subsection (a); the number of individuals receiving benefits in subsection (b), including their eligibility for benefits as refugees notwithstanding this Act; and any other information deemed relevant by the Secretary. 2503. Reporting requirement (1) In general Not later than 60 days after the date of the enactment of this Act, and quarterly thereafter through September 30, 2023, the Secretary of Homeland Security, in coordination with the head of any other applicable Federal agency, shall submit to Congress a report that includes the elements described in paragraph (2). (2) Elements The report required by paragraph (1) shall include the following: (A) A summary of the status of Afghan evacuees, including— (i) the number of the Afghan evacuees present in the United States, located at overseas bases of the United States Armed Forces, or located in third countries who are not located at such a base including— (I) the number who are U.S. lawful permanent residents; (II) the number who are Special Immigrant Visa holders; (III) the number who are Special Immigrant Visa applicants; (IV) the number who are in possession of a valid nonimmigrant visa to enter the United States; (V) the number who are employees of a U.S. Government agency; (VI) the number who are employees of a U.S. funded partner organization, media, or non-profit; (VII) the number of Priority 1 refugee referrals; (VIII) the number of Priority 2 refugee referrals; (IX) the number who have been relocated from the United States to a third country, and the country to which they were relocated; and (X) the number who do not fall into any of the above categories. (ii) the number of Afghan evacuees at overseas bases or other official staging areas who have been flagged as potential security concerns or risks or included on the United States no-fly list and who were therefore denied clearance to enter the United States; (iii) the number of the Afghan evacuees who have been paroled into the United States— (I) the number whose parole was terminated; and (II) the number whose parole has been extended; and (B) The number of Afghan evacuees who have been interviewed by U.S. Citizenship and Immigration Services in connection with an application or petition for immigration benefits, including— (i) the number of such interviews conducted since the United States withdrawal; (ii) the rate at which individuals were granted or refused the benefits that formed the basis for such interviews; (iii) the number of individuals who did not appear at a scheduled interview; and (iv) a description of the procedures for screening for and detecting child marriage, human trafficking, gender-based violence, and marriages entered into or relationships as fiancee or fiance claimed for the sole purpose of securing evacuation. (C) For each Federal department and agency involved in Operation Allies Welcome— (i) as of the date of the report, the costs incurred; and (ii) an identification of the source of appropriated or other funds used to fund the effort. (3) Definition of afghan evacuee In this section, the term Afghan evacuee 2504. Each amount appropriated or made available by this Act is in addition to amounts otherwise appropriated for the fiscal year involved. 2505. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein. 2506. Unless otherwise provided for by this Act, the additional amounts appropriated by this Act to appropriations accounts shall be available under the authorities and conditions applicable to such appropriations accounts for fiscal year 2022. 2507. Each amount provided by this division is designated by the Congress as being for an emergency requirement pursuant to section 4001(a)(1) and section 4001(b) of S. Con. Res. 14 (117th Congress), the concurrent resolution on the budget for fiscal year 2022. This division may be cited as the Afghanistan Supplemental Appropriations Act, 2022 D Other Matters I Extensions, Technical Corrections, and Other Matters 3101. Extension of Authority to Make Certain Appointments for National Disaster Medical System Section 2812(c)(4)(B) of the Public Health Service Act ( 42 U.S.C. 300hh–11(c)(4)(B) September 30, 2021 December 3, 2021 3102. Extending Certain Waiver Authorities (a) National School Lunch Program Requirement Waivers Addressing COVID–19 Section 2202(e) of the Families First Coronavirus Response Act ( Public Law 116–127 42 U.S.C. 1760 September 30, 2021 June 30, 2022: Provided, That such waivers shall only apply to school year 2021–2022 (b) Funding There are hereby appropriated, out of any funds in the Treasury not otherwise appropriated, such sums as may be necessary to carry out this section. 3103. Extension of Additional Special Assessments Section 3014(a) of title 18, United States Code, is amended by striking September 30, 2021 December 31, 2021 3104. Extension of Temporary Order for Fentanyl-Related Substances Effective as if included in the enactment of the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act ( Public Law 116–114 Public Law 117–12 October 22, 2021 January 28, 2022 3105. Extending the Increased Federal Medical Assistance Percentage for Territories (a) In general Section 1905(ff) of the Social Security Act ( 42 U.S.C. 1396d(ff) (1) in paragraph (2), by striking September 30, 2021 December 3, 2021 (2) in paragraph (3), by striking September 30, 2021 December 3, 2021 (b) GAO review Not later than November 15, 2021, the Comptroller General of the United States shall review the determination of the allotment for Puerto Rico for fiscal year 2022 under section 1108(g) of the Social Security Act ( 42 U.S.C. 1308(g) 3106. Medicare Improvement Fund Section 1898(b)(1) of the Social Security Act ( 42 U.S.C. 1395iii(b)(1) $165,000,000 $69,000,000 II Budgetary Effects 3201. Budgetary effects (a) Statutory PAYGO scorecards The budgetary effects of this division shall not be entered on either PAYGO scorecard maintained pursuant to section 4(d) of the Statutory Pay-As-You-Go Act of 2010. (b) Senate PAYGO scorecards The budgetary effects of this division shall not be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress). (c) Classification of budgetary effects Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines set forth in the joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the Balanced Budget and Emergency Deficit Control Act of 1985, the budgetary effects of this division shall not be estimated— (1) for purposes of section 251 of such Act; (2) for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the Congressional Budget Act of 1974; and (3) for purposes of paragraph (4)(C) of section 3 of the Statutory Pay-As-You-Go Act of 2010 as being included in an appropriation Act. September 22, 2021 Read the second time and placed on the calendar

Summary: Extending Government Funding and Delivering Emergency Assistance Act This bill provides continuing FY2022 appropriations for federal agencies, provides supplemental appropriations, and extends several expiring programs and authorities. Specifically, the bill provides continuing FY2022 appropriations to federal agencies through the earlier of December 3, 2021, or the enactment of the applicable appropriations act. It is known as a continuing resolution (CR) and prevents a government shutdown that would otherwise occur if the FY2022 appropriations bills have not been enacted when FY2022 begins on October 1, 2021. The CR funds most programs and activities at the FY2021 levels with several exceptions that provide funding flexibility and additional appropriations for various programs. In addition, the bill provides supplemental appropriations to several federal agencies for activities related to natural disasters and the evacuees from Afghanistan. The bill also extends several expiring programs and authorities, including the National Flood Insurance Program, the Temporary Assistance for Needy Families (TANF) program, the National Advisory Committee on Institutional Quality and Integrity, the United States Advisory Commission on Public Diplomacy, the temporary scheduling order issued by the Drug Enforcement Administration to place fentanyl-related substances in Schedule I of the Controlled Substances Act, and the authority for the Department of Agriculture to waive certain requirements for the school meal programs.