Further Extending Government Funding 
Act
PL 117-70 (H.R.6119), enacted 12/03/2021

[117th Congress Public Law 70]
[From the U.S. Government Publishing Office]



[[Page 135 STAT. 1499]]

Public Law 117-70
117th Congress

                                 An Act


 
  Making further continuing appropriations for the fiscal year ending 
      September 30, 2022, and for other purposes. <<NOTE: Dec. 3, 
                         2021 -  [H.R. 6119]>> 

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

    This Act may be cited as the ``Further 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 CONTINUING APPROPRIATIONS ACT, 2022

DIVISION B--ADDITIONAL AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT, 2022

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

    Sec. 101.  The Continuing Appropriations Act, 2022 (division A of 
Public Law 117-43) is amended--
            (1) <<NOTE: Ante, p. 346.>>  by striking the date specified 
        in section 106(3) and inserting ``February 18, 2022'';
            (2) <<NOTE: Ante, p. 348.>>  in section 118, by striking 
        ``first quarter'' and inserting ``first and second quarters'';
            (3) <<NOTE: Ante, p. 352.>>  in section 137, by striking 
        ``$22,080,000'' and inserting ``$44,838,000'' and by striking 
        ``$2,261,000'' and inserting ``$4,547,000''; and
            (4) <<NOTE: Applicability.>>  by adding after section 157 
        the following new sections:

    ``Sec. 158.  Section 9(i)(2) of the Food and Nutrition Act of 2008 
(7 U.S.C. 2018(i)(2)) shall be applied by substituting the date 
specified in section 106(3) of this Act for `December 31, 2021'.
    ``Sec. 159.  Section <<NOTE: Repeal.>>  533 of title V of division B 
of Public Law 116-260 is repealed.

[[Page 135 STAT. 1500]]

    ``Sec. 160. (a) Notwithstanding section 101, section 748 of title 
VII of division E of Public Law 116-260 shall be applied during the 
period covered by this Act by--
            ``(1) substituting `2023' for `2022';
            ``(2) substituting `2022' for `2021' each place it appears;
            ``(3) substituting `2021' for `2020' each place it appears; 
        and
            ``(4) substituting `section 748 of division E of Public Law 
        116-260, as in effect on September 30, 2021' for `section 749 of 
        division C of Public Law 116-93' each place it appears.

    ``(b) <<NOTE: Effective date.>>  Subsection (a) shall not take 
effect until the first day of the first applicable pay period beginning 
on or after January 1, 2022.

    ``Sec. 161.  Section 302 of the Universal Service Antideficiency 
Temporary Suspension Act shall be applied by substituting the date 
specified in section 106(3) of this Act for `December 31, 2021' each 
place it appears.
    ``Sec. 162.  In addition to amounts otherwise provided by this Act, 
there is appropriated $1,600,000,000, for an additional amount for 
fiscal year 2022, to remain available until September 30, 2024, for the 
account specified and for the activities specified, in section 141 of 
this Act.
    ``Sec. 163.  During the period covered by this Act, section 
506(a)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2318) shall 
be applied by substituting `$200,000,000' for `$100,000,000'.''.
     This division may be cited as the ``Further Continuing 
Appropriations Act, 2022''.

   DIVISION B--ADDITIONAL <<NOTE: Additional Afghanistan Supplemental 
  Appropriations Act, 2022.>>  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:

                                 TITLE I

                          DEPARTMENT OF DEFENSE

                           MILITARY PERSONNEL

                        Military Personnel, Army

    For an additional amount for ``Military Personnel, Army'', 
$128,000,000, to remain available until September 30, 2022, for support 
of Operation Allies Welcome by the Department of Defense.

                        Military Personnel, Navy

    For an additional amount for ``Military Personnel, Navy'', 
$7,000,000, to remain available until September 30, 2022, for support of 
Operation Allies Welcome by the Department of Defense.

                    Military Personnel, Marine Corps

    For an additional amount for ``Military Personnel, Marine Corps'', 
$32,000,000, to remain available until September 30, 2022,

[[Page 135 STAT. 1501]]

for support of Operation Allies Welcome by the Department of Defense.

                      Military Personnel, Air Force

    For an additional amount for ``Military Personnel, Air Force'', 
$145,000,000, to remain available until September 30, 2022, for support 
of Operation Allies Welcome by the Department of Defense.

                        OPERATION AND MAINTENANCE

             Overseas Humanitarian, Disaster, and Civic Aid

    For an additional amount for ``Overseas Humanitarian, Disaster, and 
Civic Aid'', $4,000,000,000, to remain available until September 30, 
2023, for support of Operation Allies Welcome by the Department of 
Defense.

                     GENERAL PROVISIONS--THIS TITLE

    Sec. 1101.  Not <<NOTE: Time period. Reports.>>  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.

    Sec. 1102.  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.

                                TITLE II

                     DEPARTMENT OF HOMELAND SECURITY

    DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

            Office of the Secretary and Executive Management

                         operations and support

    For an additional amount for ``Operations and Support'', 
$147,456,000, to remain available until September 30, 2022, for 
necessary expenses in support of Operation Allies Welcome, including the 
provision of staffing and support services for Safe Havens:  Provided, 
That amounts <<NOTE: Transfer authority.>>  provided under this heading 
in this Act may be transferred by the Secretary of Homeland Security to 
other appropriations in the Department of Homeland Security only for 
necessary expenses of Operation Allies Welcome and not for any other 
purpose:  Provided further, That amounts made available under this 
heading in this Act shall be available in addition to any other 
appropriations available for the same purpose, including appropriations 
available pursuant to the authority of

[[Page 135 STAT. 1502]]

section 506(a)(2) of the Foreign Assistance Act of 1961:  Provided 
further, That, beginning <<NOTE: Reports.>>  not later than January 31, 
2022, the Office of the Secretary shall report monthly to the Committees 
on Appropriations of the Senate and the House of Representatives on the 
use of transfer authority provided under this heading in this Act.

                                TITLE 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'', $8,000,000, to remain available until September 30, 2022, for 
support of Operation Allies Welcome for medical support, screening, and 
other related public health activities related to Afghan arrivals and 
refugees.

                Administration for Children and Families

                     refugee and entrant assistance

    For an additional amount for ``Refugee and Entrant Assistance'', 
$1,263,728,000, to remain available until September 30, 2023, for 
support of Operation Allies Welcome for carrying out refugee and entrant 
assistance activities in support of citizens or nationals of Afghanistan 
paroled into the United States under section 212(d)(5) of the 
Immigration and Nationality Act and citizens or nationals of Afghanistan 
for whom such refugee and entrant assistance activities are authorized:  
Provided, That amounts <<NOTE: Grants. Contracts.>>  made available 
under this heading in this Act may be used for grants or contracts with 
qualified nonprofit organizations to provide culturally and 
linguistically appropriate services, including wrap-around services 
during temporary housing and after resettlement, housing assistance, 
medical assistance, legal assistance, education services, and case 
management assistance:  Provided further, That <<NOTE: Allocation.>>  
the Director of the Office of Refugee Resettlement, in carrying out 
section 412(c)(1)(A) of the Immigration and Nationality Act with amounts 
made available under this heading in this Act, may allocate such amounts 
among the States in a manner that accounts for the most current data 
available.

                                TITLE IV

                           DEPARTMENT OF STATE

                    Administration of Foreign Affairs

                           diplomatic programs

    For an additional amount for ``Diplomatic Programs'', $44,300,000, 
to remain available until expended, for support for Operation Allies 
Welcome and related efforts by the Department of State, including 
additional relocations of individuals at risk as a result of the 
situation in Afghanistan and related expenses, and to reimburse the 
account under this heading in prior Acts making

[[Page 135 STAT. 1503]]

appropriations for the Department of State, foreign operations, and 
related programs for obligations previously incurred.

           emergencies in the diplomatic and consular service

    For an <<NOTE: Reimbursement.>>  additional amount for ``Emergencies 
in the Diplomatic and Consular Service'', $36,000,000, to remain 
available until expended, for support for Operation Allies Welcome and 
related efforts by the Department of State, including additional 
relocations of individuals at risk as a result of the situation in 
Afghanistan and related expenses, and to reimburse the account under 
this heading in prior Acts making appropriations for the Department of 
State, foreign operations, and related programs for obligations 
previously incurred.

                      BILATERAL ECONOMIC ASSISTANCE

                           Department of State

      united states emergency refugee and migration assistance fund

    For an additional amount for ``United States Emergency Refugee and 
Migration Assistance Fund'', $1,200,000,000, to remain available until 
expended, notwithstanding section 2(c)(2) of the Migration and Refugee 
Assistance Act of 1962 (22 U.S.C. 2601(c)(2)), for support for Operation 
Allies Welcome and related efforts by the Department of State, including 
additional relocations of individuals at risk as a result of the 
situation in Afghanistan and related expenses.

                      GENERAL PROVISION--THIS TITLE

    Sec. 1401.  The Secretary of State shall include in the reports 
required by section 2402 of title IV of the Afghanistan Supplemental 
Appropriations Act, 2022 (division C of Public Law 117-43) the proposed 
uses of funds appropriated under this title.

                                 TITLE V

                      GENERAL PROVISIONS--THIS ACT

    Sec. 1501.  Each amount appropriated or made available by this Act 
is in addition to amounts otherwise appropriated for the fiscal year 
involved.
    Sec. 1502.  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. 1503.  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.
    Sec. 1504.  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.

[[Page 135 STAT. 1504]]

    Sec. 1505.  Not <<NOTE: Reports.>>  later than January 15, 2022, 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 written report on Operation Allies Welcome:  Provided, That 
such report <<NOTE: Strategy. Plans. Timeline. Cost estimate.>>  shall 
describe the strategy and transition plan leading to the conclusion of 
Operation Allies Welcome; a plan, including timeline, for relocating all 
Afghans currently residing at Department of Defense facilities to 
longer-term housing; the activities and responsibilities assigned to 
each Federal agency involved in such strategy and transition plan; and 
an estimate of the costs from each such agency for carrying out such 
strategy and transition plan.

     This division may be cited as the ``Additional Afghanistan 
Supplemental Appropriations Act, 2022''.

                         DIVISION C--EXTENSIONS

                           TITLE I--EXTENSIONS

SEC. 2101. 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 ``December 3, 2021'' and 
inserting ``February 18, 2022''.
SEC. 2102. EXTENSION OF ADDITIONAL SPECIAL ASSESSMENT.

    Section 3014(a) of title 18, United States Code, is amended by 
striking ``December 31, 2021'' and inserting ``February 18, 2022''.
SEC. 2103. 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 117-43) <<NOTE: Ante, p. 380.>>  is amended by 
striking ``January 28, 2022'' and inserting ``February 18, 2022''.
SEC. 2104. 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 ``December 3, 2021'' and 
inserting ``February 18, 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 
``$69,000,000'' and inserting ``$56,000,000''.

                       TITLE II--BUDGETARY EFFECTS

SEC. 2201. 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).

[[Page 135 STAT. 1505]]

    (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 December 3, 2021.

LEGISLATIVE HISTORY--H.R. 6119:
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CONGRESSIONAL RECORD, Vol. 167 (2021):
            Dec. 2, considered and passed House and Senate.

                                  <all>