[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of Public Law 116-260 is repealed.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.
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