Emergency Security Supplemental Appropriations Act, 2021
Bill: H.R.3237 | Sponsor: Rep. DeLauro, Rosa L. (D-CT)
Policy area: Congress

Summary:
Emergency Security Supplemental Appropriations Act, 2021
This bill provides FY2021 supplemental appropriations for federal agencies to respond to the events at the U.S. Capitol Complex on January 6, 2021, and assist Afghan refugees.
It also provides supplemental appropriations for the legislative branch to address COVID-19 and modifies requirements for certain programs that provide special immigrant status to eligible nationals of Afghanistan or Iraq,
TITLE I--DEPARTMENT OF DEFENSE
This title provides appropriations for the National Guard to respond to the events at the U.S. Capitol Complex on January 6, 2021, and for related purposes.
The title also provides appropriations to the Department of Defense for overseas humanitarian, disaster, and civic aid.
TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES
This title provides appropriations to the Administration for Children and Families for refugee and entrance assistance activities.
The funding must be used for activities for Afghan individuals within the United States who have been granted special immigrant status.
TITLE III--LEGISLATIVE BRANCH
This title provides appropriations for the legislative branch to respond to the events at the U.S. Capitol Complex on January 6, 2021, and address COVID-19.
Specifically, the title provides appropriations for
The title also provides appropriations for payments to the widows and heirs of deceased Members of Congress, including (1) Susan M. Wright, widow of the late Representative Ronald Wright; and (2) the heirs of the late Representative Alcee Hastings.
(Sec. 301) This section designates the wellness program of the U.S. Capitol Police as the Howard C. Liebengood Center for Wellness.
(Sec. 302) This section modifies the salary cap for the U.S. Capitol Police during 2021.
(Sec. 310) This section prohibits funds from being used to install permanent, above-ground fencing around the perimeter, or any portion thereof, of the U.S. Capitol Grounds.
(Sec. 311) With congressional approval, the AOC may accept contributions of, and incur obligations and make expenditures out of available appropriations for, supplies, products, and services necessary to respond to an emergency involving the safety of human life or the protection of property, as determined or declared by the Capitol Police Board.
TITLE IV--BILATERAL ECONOMIC ASSISTANCE
This title provides appropriations to the Department of State for migration and refugee assistance to address humanitarian needs in Afghanistan and to assist Afghan refugees.
The title also provides appropriations to the State Department for the United States Emergency Refugee and Migration Assistance Fund.
(Sec. 401) This section increases the number of special immigrant visas available to qualified Afghan nationals who worked for the U.S. government or a North Atlantic Treaty Organization (NATO) mission in Afghanistan, extends the deadline for applying for such visas, and relaxes certain qualifications.
All applicants for such a visa must establish that the applicant was employed with the U.S. government or a NATO mission for one year, where currently some applicants must prove two years of employment. This section also eliminates a requirement that the applicant faces an ongoing serious threat in Afghanistan due to such employment.
Furthermore, for an applicant qualifying for a visa by performing duties for U.S. military personnel stationed with a NATO mission, this section eliminates a requirement that the duties performed qualify as sensitive and trusted duties.
This section also relaxes limits to appealing rejections for applications for such visas.
(Sec. 402) This bill authorizes the State Department and the Department of Homeland Security (DHS) to jointly postpone the medical exam requirement for individuals seeking entry into the United States under the program described in Section 401.
If an individual receives such a postponement, DHS shall ensure to the greatest extent possible that individual undergoes a medical exam no later than 30 days after admission into the United States. Such an individual's status as a lawful permanent resident shall be conditional until the individual undergoes the required medical exam.
(Sec. 403) This section modifies the immigration benefits of the surviving family members of certain deceased individuals.
The surviving spouse or child of a U.S. government employee abroad shall qualify as a special immigrant if that employee performed at least 15 years of faithful service or was killed in the line of duty.
This section also expands surviving family member benefits for certain programs that provide special immigrant status to eligible nationals of Afghanistan or Iraq, including the program described in Section 401. Specifically, if an individual submitted an application to the Chief of Mission that included an accompanying spouse or child and that application would have been approved but for the individual's death, the surviving spouse or child shall remain eligible to receive a visa under the respective program. Currently, such survivor rights only apply if the deceased individual's petition was approved.
(Sec. 404) If an individual has an approved petition under a program that provided special immigrant status to translators who worked for the Armed Forces in Afghanistan or Iraq but a visa is not immediately available, the State Department or DHS may convert that petition to an approved petition under another program which provides special immigrant status to certain Iraqi nationals, if there are visas available under that second program. (DHS and the State Department currently only have the authority to convert petitions filed before October 1, 2008.)
TITLE V--DEPARTMENT OF JUSTICE
This title provides appropriations to the Department of Justice (DOJ) for state and local law enforcement assistance.
DOJ must use the funds for restoring funds that were used for extraordinary law enforcement and related costs directly associated with protection of the President-elect from November 4, 2020, until the inauguration of the President-elect as President.
TITLE VI--GENERAL PROVISIONS--THIS ACT
(Sec. 601) This section specifies that the funds provided by this bill are in addition to funds otherwise appropriated for the fiscal year involved.
(Sec. 602) Funds provided by this bill may not remain available beyond the current fiscal year, unless this bill provides otherwise.
(Sec. 603) Unless otherwise specified by this bill, the funds provided by this bill are subject to the authorities and conditions that apply to the applicable appropriations account for FY2021.
(Sec. 604) This section specifies that funding provided by this bill may only be used for the purposes specifically described in the bill. The section includes an exception for funds used to restore amounts for obligations incurred prior to the date of the enactment of this bill.
(Sec. 605) This section specifies that the term coronavirus in this bill means SARS-CoV-2 or another coronavirus with pandemic potential.
(Sec. 606) This section provides that amounts designated by this bill as emergency requirements are only available (or rescinded or transferred, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.
(Sec. 607) This section specifies that the emergency funds that are transferred pursuant to this bill retain the emergency designation.

[117th Congress Public Law 31]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 309]]

Public Law 117-31
117th Congress

                                 An Act


 
Making emergency supplemental appropriations for the fiscal year ending 
      September 30, 2021, and for other purposes. <<NOTE: July 30, 
                         2021 -  [H.R. 3237]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,  That <<NOTE: Emergency 
Security Supplemental Appropriations Act, 2021.>>  the following sums 
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

             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.

[[Page 135 STAT. 310]]

              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.

             Overseas Humanitarian, Disaster, and Civic Aid

    For an additional amount for ``Overseas Humanitarian, Disaster, and 
Civic Aid'', $500,000,000, to remain available until September 30, 2022: 
 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

                 DEPARTMENT OF HEALTH AND HUMAN SERVICES

                Administration for Children and Families

                     refugee and entrant assistance

    For an additional amount for ``Refugee and Entrant Assistance'', 
$25,000,000, to remain available until September 30, 2022, for necessary 
expenses for refugee and entrant assistance activities authorized by 
section 414 of the Immigration and Nationality Act:  Provided, That such 
amounts shall be for such activities for Afghan individuals within the 
United States who have been granted special immigrant status as 
described in section 602(b)(8) of the Afghan Allies Protection Act of 
2009 (8 U.S.C. 1101 note):  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.

                                TITLE III

                           LEGISLATIVE BRANCH

                                 SENATE

                    Contingent Expenses of the Senate

              sergeant at arms and doorkeeper of the senate

    For an additional amount for ``Sergeant at Arms and Doorkeeper of 
the Senate'', $7,832,856, to remain available until September 30, 2026, 
to prevent, prepare for, and respond to coronavirus:  Provided, That of 
such amount, such sums as necessary may be used to restore amounts, 
either directly or through reimbursement, for obligations incurred for 
the same purposes by the Sergeant at Arms and Doorkeeper of the Senate 
prior to the date of the enactment of this Act: <<NOTE: Spending 
plan.>>   Provided further, That such amount shall be allocated in 
accordance with a spending plan submitted to the

[[Page 135 STAT. 311]]

Committee on Appropriations of the Senate:  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.

                        HOUSE OF REPRESENTATIVES

      Payments to Widows and Heirs of Deceased Members of Congress

    For payment <<NOTE: Susan M. Wright.>>  to Susan M. Wright, widow of 
Ronald Wright, late a Representative from the State of Texas, $174,000.

    For payment to the heirs at law of Alcee Hastings, late a 
Representative from the State of Florida, $174,000.

                         Allowances and Expenses

                      (including transfer of funds)

    For an additional amount for ``Allowances and Expenses'', 
$11,650,000, to remain available until September 30, 2022, to prevent, 
prepare for, and respond to coronavirus, which shall be for necessary 
expenses for business continuity and disaster recovery:  Provided, That 
of such amount, such sums as necessary may be used to restore amounts, 
either directly or through reimbursement, for obligations incurred for 
the same purposes by the Sergeant at Arms of the House of 
Representatives prior to the date of the enactment of this 
Act: <<NOTE: Spending plan.>>   Provided further, That such amount shall 
be allocated in accordance with a spending plan submitted to and 
approved by the Committee on Appropriations of the House of 
Representatives:  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.

                             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, such sums as necessary may be used to 
restore amounts, either directly or through reimbursement, for 
obligations incurred for the same purposes by the Capitol Police prior 
to the date of the enactment of this Act:  Provided further, 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.

[[Page 135 STAT. 312]]

                            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, such sums as necessary may be used to 
restore amounts, either directly or through reimbursement, for 
obligations incurred for the same purposes by the Capitol Police prior 
to the date of the enactment of this Act:  Provided further, 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 Act 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.
    For an additional amount for ``General Expenses'', $800,000, to 
remain available until September 30, 2022, to prevent, prepare for, and 
respond to coronavirus:  Provided, That of such amount, such sums as 
necessary may be used to restore amounts, either directly or through 
reimbursement, for obligations incurred for the same purposes by the 
Capitol Police prior to the date of the enactment of this Act:  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 Mutual 
Aid Reimbursements'', $35,396,000, 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 of such 
amount, up to $9,096,000 is available to be used for reimbursement to 
the United States Capitol Police's primary local law enforcement 
partners for mutual aid provided in response to the events of January 6, 
2021:  Provided further, That 
obligation <<NOTE: Notification. Deadline.>>  of the funds made 
available under this heading in this Act be subject to notification to 
the Chairmen and Ranking Members of the Committees on Appropriations of 
both Houses of Congress, the Senate Committee on Rules and 
Administration,

[[Page 135 STAT. 313]]

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

                            wellness program

    Sec. 301. (a) <<NOTE: 2 USC 1901 note.>>  Application of Law.--The 
wellness program of the United States Capitol Police shall be known and 
designated as the ``Howard C. Liebengood Center for Wellness''.

    (b) Effective Date.--This section shall apply with respect to fiscal 
year 2021 and each succeeding fiscal year.

                  capitol police salary cap adjustment

    Sec. 302.  For the purposes of administering pay during calendar 
year 2021, the maximum annual payable rate 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 set at 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.

                        ARCHITECT OF THE CAPITOL

                   Capital Construction and Operations

    For an additional amount for ``Capital Construction and 
Operations'', $21,869,069, to remain available until September 30, 2022, 
to prevent, prepare for, and respond to coronavirus, for necessary 
expenses of the Architect of the Capitol to supplement the funding made 
available in Public Law 116-136, as amended by section 159(3) of Public 
Law 116-159, and for the same purposes; and for related purchases for 
Congressional offices, including in Congressional Districts and State 
Offices, wherever located:  Provided, That any funds transferred by the 
Architect to restore amounts, either directly or through reimbursement, 
for obligations incurred for the purposes provided herein prior to the 
date of enactment of this Act shall be merged with and made available 
for the same purposes, and period of availability, as the appropriations 
to which the funds are transferred:  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.

             Capitol Police Buildings, Grounds and Security

                      (including transfer of funds)

    For an additional amount for ``Capitol Police Buildings, Grounds and 
Security'', $300,000,000, to remain available until September 30, 2023, 
to respond to the events at the United States Capitol on January 6, 
2021:  Provided, That of such amount $283,000,000 shall be for necessary 
upgrade or replacement of windows and

[[Page 135 STAT. 314]]

doors in the Capitol Building and the House of Representatives and 
Senate office buildings on the Capitol grounds, as well as any related 
work to harden or enhance physical security of such structures:  
Provided further, That of such amount, $17,000,000 shall be for the 
purchase and installation of cameras at the Senate and House of 
Representatives office buildings for the purposes of safety and 
security:  Provided further, That amounts necessary for the purpose in 
the preceding proviso may be transferred between the Architect of the 
Capitol and the United States Capitol Police, as needed:  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 PROVISIONS--THIS TITLE

    Sec. 310.  None <<NOTE: 2 USC 1965a.>>  of the funds made available 
in this or any other Act in prior fiscal years, this fiscal year, or any 
fiscal year thereafter may be used to install permanent, above-ground 
fencing around the perimeter, or any portion thereof, of the United 
States Capitol Grounds, as described in section 5102 of title 40, United 
States Code.

    Sec. 311.  For <<NOTE: Determination.>>  fiscal years 2021 and 2022, 
subject to the approval of the Chairs and Ranking Members of Committee 
on Appropriations of the House of Representatives and the Senate, the 
Architect of the Capitol may accept contributions of, and may incur 
obligations and make expenditures out of available appropriations for, 
supplies, products, and services necessary to respond to an emergency 
involving the safety of human life or the protection of property, as 
determined or declared by the Capitol Police Board, which may be 
provided for the use of any office which is located within any building, 
grounds, or facility for which the Architect of the Capitol is 
responsible for the maintenance, care, and operation, on a reimbursable 
or non-reimbursable basis subject to the availability of funds.

                                TITLE IV

                      BILATERAL ECONOMIC ASSISTANCE

                   Funds Appropriated to the President

                           Department of State

                    migration and refugee assistance

    For an additional amount for ``Migration and Refugee Assistance'', 
$100,000,000, to remain available until expended, to address 
humanitarian needs in Afghanistan and to assist Afghan refugees:  
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.

[[Page 135 STAT. 315]]

      united states emergency refugee and migration assistance fund

    For an additional amount for ``United States Emergency Refugee and 
Migration Assistance Fund'', $500,000,000, to remain available until 
expended, notwithstanding section 2(c)(2) of the Migration and Refugee 
Assistance Act of 1962, as amended (22 U.S.C. 2601(c)(2)):  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.

                     GENERAL PROVISIONS--THIS TITLE

 extension and modification of the afghan special immigrant visa program

    Sec. 401. (a) Section 602(b) of the Afghan Allies Protection Act of 
2009 (8 U.S.C. 1101 note) is amended--
            (1) in paragraph (2)--
                    (A) in subparagraph (A) by amending clause (ii) to 
                read as follows:
                          ``(ii) <<NOTE: Time period.>>  was or is 
                      employed in Afghanistan on or after October 7, 
                      2001, for not less than 1 year--
                                    ``(I) by, or on behalf of, the 
                                United States Government; or
                                    ``(II) by the International Security 
                                Assistance Force (or any successor name 
                                for such Force) in a capacity that 
                                required the alien--
                                            ``(aa) while traveling off-
                                        base with United States military 
                                        personnel stationed at the 
                                        International Security 
                                        Assistance Force (or any 
                                        successor name for such Force), 
                                        to serve as an interpreter or 
                                        translator for such United 
                                        States military personnel; or
                                            ``(bb) to perform activities 
                                        for the United States military 
                                        personnel stationed at 
                                        International Security 
                                        Assistance Force (or any 
                                        successor name for such 
                                        Force);''; and
                    (B) in subparagraph (D)(ii)(I)(bb)--
                          (i) in the matter preceding subitem (AA), by 
                      inserting ``per denial or revocation'' after 
                      ``written appeal''; and
                          (ii) in subitem (AA), by inserting ``or 
                      thereafter at the discretion of the Secretary of 
                      State'' after ``in writing'';
            (2) in paragraph (3)(F)--
                    (A) in the subparagraph heading, by striking 
                ``2021'' and inserting ``2022'';
                    (B) in the matter preceding clause (i)--
                          (i) by striking ``exhausted,,'' and inserting 
                      ``exhausted,''; and
                          (ii) by striking ``26,500'' and inserting 
                      ``34,500'';
                    (C) in clause (i), by striking ``December 31, 2022'' 
                and inserting ``December 31, 2023;''; and
                    (D) in clause (ii), by striking ``December 31, 
                2022'' and inserting ``December 31, 2023;'';

[[Page 135 STAT. 316]]

            (3) in paragraph (4)(A), by inserting ``, including Chief of 
        Mission approval,'' after ``so that all steps''; and
            (4) in paragraph (13), in the matter preceding subparagraph 
        (A), by striking ``January 31, 2023'' and inserting ``January 
        31, 2024''.

    (b) Emergency Requirement.--The amount provided by this section 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.
    (c) Report to Congress.--
            (1) <<NOTE: Consultation. Classified information.>>  In 
        general.--Not later than 1 year after the date of the enactment 
        of this Act, the Secretary of State, in consultation with the 
        Secretary of Defense, shall submit to the appropriate 
        congressional committees a report, including a classified annex, 
        if necessary, on the Afghan special immigrant visa program as 
        described in Section 602(b) of the Afghan Allies Protection Act 
        of 2009 (8 U.S.C. 1101 note) and Section 1059 of the National 
        Defense Authorization Act of 2006 (8 U.S.C. 1101 note).
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) The total number of visas issued under such 
                program, disaggregated by fiscal year.
                    (B) With respect to principal aliens issued special 
                immigrant visas under such program, a description of the 
                types of roles performed for which such aliens earned 
                eligibility for such visas.
                    (C) Information regarding the average processing 
                times for visa applicants under such program, 
                disaggregated by the fiscal year in which visa 
                applications under the program were submitted.
                    (D) The number of individuals who have pending 
                applications for visas under such program, including--
            (1) The number of individuals approved of the total number 
        of applications processed by the Chief of Mission; and
            (2) The number of successful appeals of the total number of 
        application appeals filed.
                    (E) <<NOTE: Estimate.>>  The estimated total number 
                of individuals who have performed the requisite 
                employment to apply for a visa under such program, but 
                who have not yet applied for or received a visa, 
                including a description of the methodology used to 
                create such an estimate.
            (3) Appropriate congressional committees defined.--In this 
        section, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Appropriations, the Committee 
                on Armed Services, the Committee on the Judiciary, the 
                Committee on Foreign Relations, and the Committee on 
                Homeland Security and Governmental Affairs of the 
                Senate; and
                    (B) the Committee on Appropriations, the Committee 
                on Armed Services, the Committee on the Judiciary, the 
                Committee on Foreign Affairs, and the Committee on 
                Homeland Security of the House of Representatives.

[[Page 135 STAT. 317]]

             waiver of medical examination for afghan allies

    Sec. 402. (a) <<NOTE: 8 USC 1101 note.>>  Authorization.--The 
Secretary of State and the Secretary of Homeland Security may jointly 
issue a blanket waiver of the requirement that aliens described in 
section 602(b)(2) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 
1101) undergo a medical exam under section 221(d) of the Immigration and 
Nationality Act (8 U.S.C. 1201(d)), or any other applicable provision of 
law, prior to issuance of an immigrant visa or admission to the United 
States.

    (b) <<NOTE: Extensions.>>  Duration.--A waiver under subsection (a) 
shall be for a period of 1 year, and, subject to subsection (g), may be 
extended by the Secretary of State and Secretary of Homeland Security 
for additional periods, each of which shall not exceed 1 year.

    (c) Notification.--Upon exercising the waiver authority under 
subsection (a), or the authority to extend a waiver under subsection 
(b), the Secretary of State and the Secretary of Homeland Security shall 
notify the appropriate congressional committees.
    (d) Requirement for Medical Examination After Admission.--
            (1) <<NOTE: Consultation. Procedures. Deadline.>>  In 
        general.--The Secretary of Homeland Security, in consultation 
        with the Secretary of Health and Human Services, shall establish 
        procedures to ensure, to the greatest extent practicable, that 
        any alien who receives a waiver of the medical examination 
        requirement under this section completes such an exam not later 
        than 30 days after the date on which the alien is admitted to 
        the United States.
            (2) Conditional basis for status.--
                    (A) In general.--Notwithstanding any other provision 
                of law, an alien who receives a waiver of the medical 
                examination requirement under this section shall be 
                considered, at the time of admission to the United 
                States, as an alien lawfully admitted for permanent 
                residence on a conditional basis.
                    (B) Removal of conditions.--The Secretary of 
                Homeland Security shall remove the conditional basis of 
                the alien's status upon the Secretary's confirmation 
                that such alien has completed the medical examination 
                and is not inadmissible under section 212(a)(1)(A) of 
                the Immigration and Nationality Act (8 U.S.C. 
                1182(a)(1)(A)).
            (3) <<NOTE: Consultation.>>  Report.--Not later than 1 year 
        after the date on which the waiver authority under subsection 
        (a) is exercised, or such waiver is extended under subsection 
        (b), as applicable, the Secretary of Homeland Security, in 
        consultation with the Secretary of Health and Human Services, 
        shall submit to the appropriate congressional committees a 
        report on the status of medical examinations required under 
        paragraph (1), including--
                    (A) the number of pending and completed 
                examinations; and
                    (B) <<NOTE: Time period.>>  the number of aliens who 
                have failed to complete the medical examination within 
                the 30-day period after the date of such aliens' 
                admission.

    (e) <<NOTE: Definition.>>  Appropriate Congressional Committees.--
The term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on the 
        Judiciary, the Committee on Foreign Relations, and the

[[Page 135 STAT. 318]]

        Committee on Homeland Security and Governmental Affairs of the 
        Senate; and
            (2) the Committee on Armed Services, the Committee on the 
        Judiciary, the Committee on Foreign Affairs, and the Committee 
        on Homeland Security of the House of Representatives.

    (f) Rule of Construction.--Nothing in this Act may be construed to 
prevent the Secretary of State, the Secretary of Homeland Security, the 
Secretary of Defense, or the Secretary of Health and Human Services from 
adopting appropriate measures to prevent the spread of communicable 
diseases, including COVID-19, to the United States.
    (g) Sunset.--The authority under subsections (a) and (b) expires on 
the date that is 3 years after the date of enactment of this Act.
    (h) Emergency Requirement.--The amount provided by this section 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.

   special immigrant status for certain surviving spouses and children

    Sec. 403. (a) Immigration and Nationality Act.--Section 
101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(27)(D)) is amended--
            (1) by striking ``an immigrant who is an employee'' and 
        inserting ``an immigrant who--
                          ``(i) is an employee''; and
            (2) by striking ``grant such status;'' and inserting ``grant 
        such status; or
                          ``(ii) is the surviving spouse or child of an 
                      employee of the United States Government abroad:  
                      Provided, That the <<NOTE: Time period.>>  
                      employee performed faithful service for a total of 
                      not less than 15 years or was killed in the line 
                      of duty;''.

    (b) Afghan Allies Protection Act of 2009.--Section 602(b)(2)(C) of 
the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is 
amended--
            (1) in clause (ii), by redesignating subclauses (I) and (II) 
        as items (aa) and (bb), respectively, and moving such items 2 
        ems to the right;
            (2) by redesignating clauses (i) and (ii) as subclauses (I) 
        and (II), respectively, and moving such subclauses 2 ems to the 
        right;
            (3) in the matter preceding subclause (I), as redesignated, 
        by striking ``An alien is described'' and inserting the 
        following:
                                    ``(I) In general.--An alien is 
                                described'';
            (4) in clause (i)(I), as redesignated, by striking ``who had 
        a petition for classification approved'' and inserting ``who had 
        submitted an application to the Chief of Mission''; and
            (5) by adding at the end the following:
                                    ``(II) Employment requirements.--An 
                                application by a surviving spouse or 
                                child of a principal alien shall be 
                                subject to employment requirements set 
                                forth in subparagraph (A) as of the date 
                                of the principal alien's filing of an 
                                application for the first time, or if no 
                                application has

[[Page 135 STAT. 319]]

                                been filed, the employment requirements 
                                as of the date of the principal alien's 
                                death.''.

    (c) Refugee Crisis in Iraq Act of 2007.--Section 1244(b)(3) of the 
Refugee Crisis in Iraq Act of 2007 (8 U.S.C. 1157 note) is amended--
            (1) by striking ``described in subsection (b)'' and 
        inserting ``in this subsection'';
            (2) in subparagraph (B), by redesignating clauses (i) and 
        (ii) as subclauses (I) and (II), respectively, and moving such 
        subclauses 2 ems to the right;
            (3) by redesignating subparagraphs (A) and (B) as clauses 
        (i) and (ii), respectively, and moving such clauses 2 ems to the 
        right;
            (4) in the matter preceding clause (i), as redesignated, by 
        striking ``An alien is described'' and inserting the following:
                    ``(A) In general.--An alien is described'';
            (5) in subparagraph (A)(i), as redesignated, by striking 
        ``who had a petition for classification approved'' and inserting 
        ``who submitted an application to the Chief of Mission''; and
            (6) by adding at the end the following:
                    ``(B) Employment requirements.--An application by a 
                surviving spouse or child of a principal alien shall be 
                subject to employment requirements set forth in 
                paragraph (1) as of the date of the principal alien's 
                filing of an application for the first time, or if the 
                principal alien did not file an application, the 
                employment requirements as of the date of the principal 
                alien's death.''.

    (d) <<NOTE: 8 USC 1101 note.>>  Effective Date.--The amendments made 
by this section shall be effective on June 30, 2021, and shall have 
retroactive effect.

    (e) Emergency Requirement.--The amount provided by this section 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.

 conversion of petitions for special immigrant status for certain iraqis

    Sec. 404. (a) Section 2 of Public Law 110-242 (8 U.S.C. 1101 note) 
is amended by striking subsection (b) and inserting the following:
    ``(b) Duration.--The authority under subsection (a) shall expire on 
the date on which the numerical limitation specified under section 1244 
of the National Defense Authorization Act for Fiscal Year 2008 (Public 
Law 110-181; 8 U.S.C. 1157 note) is reached.''.
    (b) Emergency Requirement.--The amount provided by this section 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.

[[Page 135 STAT. 320]]

                                 TITLE V

                          DEPARTMENT OF JUSTICE

               State and Local Law Enforcement Activities

                       Office of Justice Programs

               state and local law enforcement assistance

    For an additional amount for ``State and Local Law Enforcement 
Assistance'', $1,100,000, to remain available until September 30, 2022, 
for the sole purpose of restoring amounts, either directly or through 
reimbursement, for obligations incurred for extraordinary law 
enforcement and related costs directly associated with protection of the 
President-elect from November 4, 2020 until the inauguration of the 
President-elect as President: <<NOTE: Reimbursement.>>   Provided, That 
such reimbursement shall be provided only for costs that a State or 
local agency can document as being over and above the cost of normal law 
enforcement operations and as being directly attributable to the 
provision of protection described herein:  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.

                                TITLE VI

                      GENERAL PROVISIONS--THIS ACT

    Sec. 601.  Each amount appropriated or made available by this Act is 
in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 602.  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. 603.  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. 604.  Except for funds used to restore amounts, either directly 
or through reimbursement, for obligations incurred prior to the date of 
the enactment of this Act, and notwithstanding any other provision of 
law, funds made available in this Act shall only be used for the 
purposes specifically described herein.
    Sec. 605.  In <<NOTE: Definition.>>  this Act, the term 
``coronavirus'' means SARS-CoV-2 or another coronavirus with pandemic 
potential.

    Sec. 606.  Each <<NOTE: President.>>  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. 607.  Any <<NOTE: President.>>  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.

[[Page 135 STAT. 321]]

     This Act may be cited as the ``Emergency Security Supplemental 
Appropriations Act, 2021''.

    Approved July 30, 2021.

LEGISLATIVE HISTORY--H.R. 3237:
---------------------------------------------------------------------------

CONGRESSIONAL RECORD, Vol. 167 (2021):
            May 20, considered and passed House.
            July 29, considered and passed Senate, amended. House 
                concurred in Senate amendment.

                                  <all>