A bill making emergency supplemental appropriations for the fiscal year ending September 30, 2021, and for other purposes.
Bill: S.2312 | Sponsor: Sen. Shelby, Richard C. (R-AL)
Policy area: Economics and Public Finance

Summary:
This bill provides FY2021 emergency supplemental appropriations for federal agencies to respond to the events at the U.S. Capitol Complex on January 6, 2021.
Specifically, the bill provides appropriations for the National Guard, the Capitol Police, and the Architect of the Capitol.

Making emergency supplemental appropriations for the fiscal year ending 
              September 30, 2021, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, The following sums are 
hereby are appropriated, out of any money in the Treasury not otherwise 
appropriated, for the fiscal year ending September 30, 2021, and for 
other purposes, namely:

                                TITLE I

                         DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                     National Guard Personnel, Army

    For an additional amount for ``National Guard Personnel, Army'', 
$231,000,000, to respond to the events at the United States Capitol 
Complex on January 6, 2021, and for related purposes:  Provided, That 
such amount is designated by the Congress as being for an emergency 
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget 
and Emergency Deficit Control Act of 1985.

                  National Guard Personnel, Air Force

    For an additional amount for ``National Guard Personnel, Air 
Force'', $28,900,000, to respond to the events at the United States 
Capitol Complex on January 6, 2021, and for related purposes:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Army National Guard

    For an additional amount for ``Operation and Maintenance, Army 
National Guard'', $218,500,000 to respond to the events at the United 
States Capitol Complex on January 6, 2021, and for related purposes:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

             Operation and Maintenance, Air National Guard

    For an additional amount for ``Operation and Maintenance, Air 
National Guard'', $42,500,000 to respond to the events at the United 
States Capitol Complex on January 6, 2021, and for related purposes:  
Provided, That such amount is designated by the Congress as being for 
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the 
Balanced Budget and Emergency Deficit Control Act of 1985.

                                TITLE II

                           LEGISLATIVE BRANCH

                             CAPITOL POLICE

                                Salaries

    For an additional amount for ``Salaries'', $37,495,000, to remain 
available until September 30, 2022, to respond to the events at the 
United States Capitol on January 6, 2021, and for related purposes:  
Provided, That of such amount, $3,600,000 may remain available until 
expended for retention bonuses:  Provided further, That of such amount, 
up to $6,900,000 shall be made available for hazard pay for employees 
of the Capitol Police:  Provided further, That of such amount, 
$1,361,300 shall be made available for the wellness program for the 
United States Capitol Police:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

                            General Expenses

                     (including transfer of funds)

    For an additional amount for ``General Expenses'', $33,169,000, to 
remain available until September 30, 2022, to respond to the events at 
the United States Capitol on January 6, 2021, and for related purposes: 
 Provided, That of such amount, $2,628,000 shall remain available until 
expended for physical protection barriers and various civil disturbance 
unit equipment:  Provided further, That amounts provided under this 
heading in this chapter for physical protection barriers may be 
transferred to and merged with the Capitol Police Building and Grounds 
Account of the Architect of the Capitol:  Provided further, That of 
such amount, not less than $5,000,000 shall be made available for 
reimbursable agreements with State and local law enforcement agencies 
and not less than $4,800,000 shall be available for protective details 
for Members of Congress, including Delegates and the Resident 
Commissioner to the Congress:  Provided further, That of such amount, 
up to $2,500,000 may be transferred to ``Department of Justice--United 
States Marshals Service--Salaries and Expenses'' for the purpose of 
reimbursements for providing peer-to-peer and group counseling services 
to the Capitol Police and training and technical and related assistance 
necessary to establish a peer-to-peer and group counseling program 
within the Capitol Police:  Provided further, That such amount is 
designated by the Congress as being for an emergency requirement 
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.

         united states capitol police mutual aid reimbursements

    For an additional amount for United States Capitol Police ``General 
Expenses'', $26,300,000, to remain available until September 30, 2026, 
for reimbursements for mutual aid and related training, including 
mutual aid and training provided under the agreements described in 
section 7302 of Public Law 108-458:  Provided, That obligation of the 
funds made available in the preceding proviso be subject to 
notification to the Chairmen and Ranking Members of Committees on 
Appropriations of both Houses of Congress, the Senate Committee on 
Rules and Administration, and the Committee on House Administration of 
the amount and purpose of the expense within 15 days of obligation:  
Provided further, That such amount is designated by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985.

                       Administrative Provisions

                  capitol police salary cap adjustment

    Sec. 201.  For the purposes of administering pay during calendar 
year 2021, the limitation on the maximum rate of gross compensation for 
any member or civilian employee of the Capitol Police whose 
compensation includes overtime pay under the Fair Labor Standards Act 
of 1938 (29 U.S.C. 201 et seq.) shall be limited to Executive Schedule 
II at $199,300. Excluded from this limitation for calendar year 2021 
shall be retention bonuses and hazard bonuses related to the events of 
January 6th.

              emergency assistance for the capitol police

    Sec. 202. (a) Assistance by Executive Departments and Agencies.--
Section 911(a) of division B of the Department of Defense and Emergency 
Supplemental Appropriations for Recovery from and Response to Terrorist 
Attacks on the United States Act, 2002 (2 U.S.C. 1970(a)) is amended--
            (1) in paragraph (1), by inserting ``or in accordance with 
        paragraph (4)'' before ``and on a permanent'';
            (2) in paragraph (4)(B)--
                    (A) in the matter preceding clause (i), by striking 
                ``advance''; and
                    (B) in clause (ii)--
                            (i) in subclause (I), by striking ``or'' 
                        after the semicolon;
                            (ii) in subclause (II), by striking ``and'' 
                        after the semicolon and inserting ``or''; and
                            (iii) by adding at the end the following:
                                    ``(III) the Chief of the Capitol 
                                Police, if the Chief of the Capitol 
                                Police has determined that the 
                                provision of assistance is necessary to 
                                prevent the significant disruption of 
                                governmental function and public order 
                                within the United States Capitol 
                                Buildings and Grounds, as described in 
                                section 9 of the Act entitled `An Act 
                                to define the area of the United States 
                                Capitol Grounds, to regulate the use 
                                thereof, and for other purposes', 
                                approved July 31, 1946 (2 U.S.C. 1961); 
                                and''; and
            (3) by adding at the end the following:
            ``(5) Revocation.--The Capitol Police Board may revoke a 
        request for assistance provided under paragraph (4)(B)(ii)(III) 
        upon consultation with appropriate Members of the Senate and 
        House of Representatives in leadership positions.''.
    (b) Capitol Police Special Officers.--Section 1017 of division H of 
the Consolidated Appropriations Resolution, 2003 (2 U.S.C. 1974) is 
amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``or as determined by the Chief of the 
                Capitol Police in accordance with section 
                911(a)(4)(B)(ii)(III) of division B of the Department 
                of Defense and Emergency Supplemental Appropriations 
                for Recovery from and Response to Terrorist Attacks on 
                the United States Act, 2002 (2 U.S.C. 
                1970(a)(4)(B)(ii)(III)),'' after ``Congress,''; and
                    (B) by adding at the end the following:
``An appointment under this section due to an emergency determined by 
the Chief of the Capitol Police under paragraph (4)(B)(ii)(III) of 
section 911(a) of division B of the Department of Defense and Emergency 
Supplemental Appropriations for Recovery from and Response to Terrorist 
Attacks on the United States Act, 2002 (2 U.S.C. 1970(a)) shall be in 
effect for the period of the emergency, unless and until the Capitol 
Police Board revokes the request for assistance under paragraph (5) of 
such section.'';
            (2) by striking subsections (c) and (e);
            (3) by redesignating subsections (d), (f), and (g) as 
        subsections (c), (d), and (e), respectively; and
            (4) in subsection (d), as redesignated by paragraph (3) of 
        this subsection, by striking ``President pro tempore'' and 
        inserting ``Majority Leader''.
    (c)(1) Joint Oversight Hearings.--The Committee on Rules and 
Administration of the Senate and the Committee on House Administration 
of the House of Representatives (referred to in this section as the 
``Committees'') are authorized to jointly conduct oversight hearings 
regarding the Capitol Police Board and may request the attendance of 
all members of the Capitol Police Board at any such hearing. Members of 
the Capitol Police Board shall attend a joint hearing under this 
section, as requested and under such rules or procedures as may be 
adopted by the Committees.
    (2) Timing.--The Committees may conduct oversight hearings under 
this section as determined appropriate by the Committees, but shall 
conduct not less than one oversight hearing under this section during 
each Congress.
    (d) Effective Date.--The amendments made by this section shall take 
effect on October 1, 2021.

                        ARCHITECT OF THE CAPITOL

                  Capital Construction and Operations

    For an additional amount for ``Capital Construction and 
Operations'', $15,000,000, to remain available until September 30, 
2022, to respond to the events at the United States Capitol on January 
6, 2021, by securing vulnerabilities of windows and doors in the United 
States Capitol Building:  Provided, That such amount is designated by 
the Congress as being for an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985.

                               TITLE III

                      GENERAL PROVISIONS--THIS ACT

    Sec. 301.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 302.  No part of any appropriation contained in this Act shall 
remain available for obligation beyond the current fiscal year unless 
expressly so provided herein.
    Sec. 303.  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 2021.
    Sec. 304.  Each amount appropriated in this Act may be made 
available to restore amounts, either directly or through reimbursement, 
for obligations incurred for the purposes provided herein for such 
appropriation prior to the date of the enactment of this Act.
    Sec. 305.  Each amount designated in this Act by the Congress as 
being for an emergency requirement pursuant to section 251(b)(2)(A)(i) 
of the Balanced Budget and Emergency Deficit Control Act of 1985 shall 
be available (or rescinded or transferred, if applicable) only if the 
President subsequently so designates all such amounts and transmits 
such designations to the Congress.
    Sec. 306.  Any amount appropriated by this Act, designated by the 
Congress as an emergency requirement pursuant to section 
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 and subsequently so designated by the President, and 
transferred pursuant to transfer authorities provided by this Act shall 
retain such designation.
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