Further Additional Extending Government Funding Act
PL 117-86 (H.R.6617), enacted 02/18/2022

[117th Congress Public Law 86]
[From the U.S. Government Publishing Office]



[[Page 136 STAT. 15]]

Public Law 117-86
117th Congress

                                 An Act


 
  Making further continuing appropriations for the fiscal year ending 
      September 30, 2022, and for other purposes. <<NOTE: Feb. 18, 
                         2022 -  [H.R. 6617]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Further 
Additional Extending Government Funding Act.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Further Additional Extending 
Government Funding Act''.
SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short Title.
Sec. 2. Table of Contents.
Sec. 3. References.

   DIVISION A--FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022

                         DIVISION B--EXTENSIONS

Title I--Extensions
Title II--Budgetary Effects

SEC. 3. REFERENCES.

    Except as expressly provided otherwise, any reference to ``this 
Act'' contained in any division of this Act shall be treated as 
referring only to the provisions of that division.

 DIVISION A-- <<NOTE: Further Additional Continuing Appropriations Act, 
     2022.>> FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2022

    Sec. 101.  The Continuing Appropriations Act, 2022 (division A of 
Public Law 117-43) is further amended--
            (1) <<NOTE: 135 Stat. 346.>>  by striking the date specified 
        in section 106(3) and inserting ``March 11, 2022'';
            (2) in section 163, <<NOTE: 135 Stat. 1500.>>  by striking 
        ``$200,000,000'' and inserting ``$300,000,000''; and
            (3) by adding after section 163 the following new sections:

    ``Sec. 164.  Notwithstanding sections 102 and 104, amounts made 
available by section 101 to the Department of Defense for `Shipbuilding 
and Conversion, Navy' may be apportioned up to the rate for operations 
necessary for `Columbia Class Submarine (AP)' in an amount not to exceed 
$1,601,805,000.
    ``Sec. <<NOTE: Determination. Hawaii.>>  165. (a) Notwithstanding 
sections 101 and 106 of this Act, for the duration of fiscal year 2022, 
amounts made available in fiscal year 2022 to the Department of Defense 
under the heading `Operation and Maintenance', other than amounts 
designated by

[[Page 136 STAT. 16]]

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, may be used 
for emergencies and extraordinary expenses, in addition to any other 
funds specifically made available for such expenses, for purposes the 
Secretary of Defense or the Secretary of the Navy, as appropriate, 
determines to be proper with regard to the response to the disruption of 
the water supply near the Red Hill Bulk Fuel Storage Facility, on O'ahu, 
Hawaii, in accordance with 10 U.S.C. 127, in an amount not to exceed 
$53,000,000:  Provided, <<NOTE: Time period. Reports.>>  That not later 
than 30 days after the date of enactment of the Further Additional 
Continuing Appropriations Act, 2022 and every 30 days thereafter through 
fiscal year 2022, the Secretary of Defense shall submit a report to the 
Committees on Appropriations of the House of Representatives and Senate, 
setting forth all categories and amounts of obligations and expenditures 
made under the authority provided by this subsection.

    ``(b) In addition to amounts otherwise provided by this Act, there 
is appropriated to the Department of Defense $250,000,000, for an 
additional amount for fiscal year 2022, for necessary expenses to 
address drinking water contamination at the Red Hill Bulk Fuel Storage 
Facility in Hawaii, for the accounts and in the amounts specified:
            `` `Military Personnel, Army', $33,263,000, to remain 
        available until September 30, 2022;
            `` `Military Personnel, Navy', $91,327,000, to remain 
        available until September 30, 2022;
            `` `Military Personnel, Marine Corps', $5,206,000, to remain 
        available until September 30, 2022;
            `` `Military Personnel, Air Force', $27,564,000, to remain 
        available until September 30, 2022;
            `` `Operation and Maintenance, Army', $22,640,000, to remain 
        available until September 30, 2022; and
            `` `Operation and Maintenance, Navy', $70,000,000, to remain 
        available until September 30, 2022.

    ``(c) <<NOTE: Transfer authority.>>  In addition to amounts 
otherwise provided by this Act, there is appropriated to the Department 
of Defense $100,000,000, for an additional amount for fiscal year 2022, 
to remain available until expended, for transfer only to accounts under 
the headings `Operation and Maintenance', `Procurement', `Research, 
Development, Test and Evaluation', and `Defense Working Capital Funds', 
for the Secretary of Defense to conduct activities in compliance with 
the State of Hawaii Department of Health Order 21-UST-EA-02, signed 
December 6, 2021, related to the removal of fuel from and improvement of 
infrastructure at the Red Hill Bulk Fuel Storage Facility:  Provided, 
That the transfer authority provided in this subsection is in addition 
to any other transfer authority available to the Department of Defense:  
Provided further, <<NOTE: Briefing. Recommenda- 
tions. Assessment. Analysis.>>  That amounts provided in this subsection 
shall not be available for transfer, obligation, or expenditure until 
the Secretary of Defense briefs the Committees on Appropriations of the 
House of Representatives and Senate regarding the recommendations of the 
third-party assessment of the operations and system integrity of the Red 
Hill facility and the Department's own analysis regarding the 
distribution of fuel reserves for operations in the Pacific theater, as 
well as other activities recommended by the third-party assessment or 
Departmental analysis:  Provided 
further, <<NOTE: Deadline. Notifications.>>  That not less

[[Page 136 STAT. 17]]

than 15 days prior to any transfer of funds pursuant to this subsection, 
the Secretary of Defense shall notify the congressional defense 
committees of the details of any such transfer:  Provided 
further, <<NOTE: Time period. Reports.>>  That not later than 60 days 
after the date of enactment of the Further Additional Continuing 
Appropriations Act, 2022 and every 30 days thereafter through fiscal 
year 2023, the Secretary of Defense shall submit a report to the 
Committees on Appropriations of the House of Representatives and Senate, 
setting forth all categories and amounts of obligations and expenditures 
made under the authority provided by this subsection.

    ``Sec. 166.  Amounts made available by section 101 to the Department 
of the Interior under the heading `Working Capital Fund' may be 
apportioned up to the rate for operations necessary to implement 
enterprise cybersecurity safeguards.''.
     This division may be cited as the ``Further Additional Continuing 
Appropriations Act, 2022''.

                         DIVISION B--EXTENSIONS

                           TITLE I--EXTENSIONS

SEC. 1101. 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)) is amended by striking ``February 18, 2022'' and 
inserting ``March 11, 2022''.
SEC. 1102. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT.

    Section 3014(a) of title 18, United States Code, is amended by 
striking ``February 18, 2022'' and inserting ``March 11, 2022''.
SEC. 1103. EXTENSION OF TEMPORARY ORDER FOR FENTANYL-RELATED 
                          SUBSTANCES.

    Effective <<NOTE: Effective date.>>  as if included in the enactment 
of the Temporary Reauthorization and Study of the Emergency Scheduling 
of Fentanyl Analogues Act (Public Law 116-114), section 2 of such Act 
(as amended by Public Law 117-70) <<NOTE: 135 Stat. 1504.>>  is amended 
by striking ``February 18, 2022'' and inserting ``March 11, 2022''.
SEC. 1104. EXTENDING INCREASED FMAP FOR CERTAIN TERRITORIES.

    (a) In General.--Section 1905(ff)(3) of the Social Security Act (42 
U.S.C. 1396d(ff)(3)) is amended by striking ``February 18, 2022'' and 
inserting ``March 11, 2022''.
    (b) Reduction of Medicare Improvement Fund.--Section 1898(b)(1) of 
the Social Security Act (42 U.S.C. 1395iii(b)(1)) is amended by striking 
``$101,000,000'' and inserting ``$99,000,000''.

                       TITLE II--BUDGETARY EFFECTS

SEC. 1201. 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.

[[Page 136 STAT. 18]]

    (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.

    Approved February 18, 2022.

LEGISLATIVE HISTORY--H.R. 6617:
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CONGRESSIONAL RECORD, Vol. 168 (2022):
            Feb. 8, considered and passed House.
            Feb. 17, considered and passed Senate.

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