Public Law 117-70 passed December 3, 2021
Further Extending Government Funding Act
The Continuing Appropriations Act, 2022 (PL 117-43) amended by inserting February 18, 2022 striking “first quarter” and inserting “first and second quarter”; striking “$22,080,000.00” and inserting “$44,838,000.00”; striking “$2,261,000.00” and inserting “4,547,000.00” and by adding the following new sections of the Food and Nutrition Act of 2008 shall be applied by substituting the date for “December 31, 2021.
Section 533 of title V Division B of PL 116-260 is repealed.
“SEC. 533. None of the funds provided in this Act shall be available for obligation for the James Webb Space Telescope (JWST) after December 31, 2021, if the individual identified under sub- section (c)(2)(E) of section 30104 of title 51, United States Code, as responsible for JWST determines that the formulation and development costs (with development cost as defined under section 30104 of title 51, United States Code) are likely to exceed $8,802,700,000., unless the program is modified so that the costs do not exceed $8,802,700,000.”
**Public Law 116-260 dates have been substituted (1) 2023 for 2022; (2) 2022 for 2021; (3) 2021 for 2020
Replacing section 748 division E of Public Law 116-260 with section 749 division C of Public Law 116-93
Universal Service Antideficiency Temporary Suspension Act will substitute date specified in section 106 for December 31, 2021.
In addition to the amounts specified under this Act, there is appropriated $1,600,000,000.00 for an additional amount for fiscal year 2022 until September 30, 2024.
Foreign Assistance Act of 1961 substituting “$200,000,000” for “$100,000,000” cited as “Further Continuing Appropriations Act, 2022”.
Department of Defense
Additional Afghanistan Supplemental Appropriations Act, 2022; the following sums are any money in the Treasury not appropriated for the fiscal year ending September 30, 2022 and other purposes; these funds will be available until September 30, 2022 for support of Operation Allies Welcome by the Department of Defense.
Army Personnel, $128,000,000
Navy Personnel, $7,000,000
Marine Corps Personnel, $32,000,000
Air Force Personnel, $145,000,000
Overseas Humanitarian, Disaster and Civic Aid, $4,000,000,000
No later than 30 days after the date of this Act, and every 30 days thereafter through fiscal year 2022, Secretary of Defense will provide a report to the defense committee on the execution of funds.
Department of Homeland Security
Additional amount for “Operations and Support”, $147,456,000, available until September 30, 2022 for support of Operation Allies Welcome including staffing and support services for Safe Havens: Provided that the amount provided may be transferred by the Secretary of Homeland Security to other appropriations in the Department of Homeland Security only for necessary expenses of Operations Allies Welcome. Provided further, that the amount available in addition to any other appropriations available for the same purpose including the Foreign Assistance Act of 1961. No later than January 31, 2022 the Office of the Secretary shall report a monthly report to the Committee on Appropriations.
Department of Health and Human Services
Additional amount for “CDC-Wide Activities and Program Support”, $8,000,000 available until September 20, 2022 for Operations Allies Welcome for medical support, screening and other related to Afghan arrivals and refugees.
Refugee and Entrant Assistance
Additional amount for “Refugee and Entrant Assistance” $1,263,728,000, available until September 30, 2023 for Operations Allies Welcome for refugee and entrant assistance of Afghanistan paroled into the United States under the Immigration and Nationality Act. These funds may be used for grants or contracts with nonprofit organizations to provide culturally and linguistically appropriate services, inclusion wrap around services during temporary housing and after settlement, housing, medical, legal, education and case management assistance. Provided further the Director of the Office of Refugee Resettlement of the Immigration and Nationality Act may allocate such amount among the States in a manner that accounts for the most current data available.
Department of State
Administration of Foreign Affairs- Diplomatic Programs
Diplomatic Programs $44,3000,000 available until expended for Operation Allies Welcome including relocation at risk individuals as a result of the situation in Afghanistan.
Emergencies in the Diplomatic and Consular Service
An additional amount for “Emergencies in the Diplomatic and Consular Service”, $36,999,000 available until expended for Operation Allies Welcome including relocation at risk individuals as a result of the situation in Afghanistan.
Bilateral Economic Assistance- Department of States- United States Emergency Refugee and Migration Assistance Fund
Additional amount for “United States Emergency Refugee and Migration Assistance Fund” $1,200,000,000 available until expended
notwithstanding section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 (USC 2601 (c)(2))…
**(USC 2601 (c)(2)) There is established a United States Emergency Refugee and Migration Assistance Fund to carry out the purposes of this section. There is authorized to be appropriated to the President from time to time such amounts as may be necessary for the fund to carry out the purposes of this section, except that no amount of funds may be appropriated which, when added to amounts previously appropriated but not yet obligated, would cause such amounts to exceed $100,000,000. Amounts appropriated hereunder shall remain available until expended.
for support of Operation Allies Welcome including relocation at risk individuals as a result of the situation in Afghanistan.
General Provisions
Secretary of States shall include the purposed uses of funds appropriated, required by Section 2402 Title IV of Afghanistan Supplemental Appropriations Act, 2022 (Div C of PL 117-43).
**((PL117-43)Div C Sec.2402) The Secretary of State, in consultation with the Administrator of the United States Agency for International Development, shall submit to the Committees on Appropriations, not later than 45 days after the date of enactment of this Act, a report on the proposed uses of funds appropriated by this title under the headings ‘‘Emergencies in the Diplomatic and Consular Service’’ and ‘‘United States Emergency Refugee and Migration Assistance Fund’’, by program, project, and activity, for which the obligation of funds is anticipated: Provided, That such report shall be updated (including any changes in proposed uses from the initial plan) and submitted to the Committees on Appropriations every 45 days until September 30, 2023.
Each amount appropriated by this Act is for the fiscal year involved.
No part of any appropriation in this Act shall remain available beyond the current fiscal year unless provided herein.
Unless provided for this Act, additional amounts appropriated shall be available under the authorities and conditions applicable for fiscal year 2022.
Each amount provided this division is designated by Congress for an emergency requirement pursuant to section 4001(a)(1) and section 4002(b) of S. Con. Res. 14(117th Congress), the concurrent resolution on the budget for fiscal year 2022.
**(Title IV Sec.4001 (a)(1)) AUTHORITY TO DESIGNATE.—In the Senate, with respect to a provision of direct spending or receipts legislation or appro- priations for discretionary accounts that Congress designates as an emergency requirement in such measure, the amounts of new budget authority, outlays, and receipts in all fiscal years resulting from that provision shall be treated as an emergency requirement for the purpose of this subsection.
**(Title IV Sec.4002 (b)) it shall not be in order in the Senate to consider any bill, joint resolution, motion, amendment, amendment between the Houses, or conference report that would provide an advance appropriation for a discretionary account.
No later than January 15, 2022 the Director of the Office of Management and Budget shall provide the Committees on Appropriations of the House of Rep. and Senate a report on Operation Allies Welcome. Report to include a description of the strategy and transition plan leading to the conclusion of this Operation. A plan including a 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 and an estimate of the costs from each agency for carrying out the plan. the divisions cited as “Additional Afghanistan Supplemental Appropriations Act, 2022”.
Division C-Extensions
Extension of Authority to Make Certain Appointments for National Disaster Medical System
Public Health Service Act (42 USC 300hh-11(c)(b) Sec. 2812(c)(4)(B)) strike “December 31, 2021” insert “February 18, 2022”.
Extension of Additional Special Assessment
Unisted States Code Title 18 Section 3014(a) strike “December 31, 2021” insert “February 18, 2022”.
Extension of Temporary Order for Fentanyl Related Substances
As if included in the Temporary Reauthorization and Study of the Emergency Scheduling of Fentanyl Analogues Act (PL 116-114) section 2 as amended by (PL 117-43) strike “December 31, 2021” insert “February 18. 2022”.
Extending Increased FMAP for Certain Territories
Social Security Act Section 1905(ff)(3) strike “December 3, 2021” insert “February 18, 2022”.
Reduction of Medicare Improvement
Social Security Act Section 1898(b)(1) strike “$69,000,000” insert “$59,000,000”.
Budgetary Effects
Statutory Scorecards-The Budgetary effects of this Division C shall NOT be entered on either PAYGO scorecard section 4(d) of the Statutory Pay-As-You-Go Act of 2010.
Senate Scorecards- The Budgetary effects of this Division C shall NOT be entered on any PAYGO scorecard maintained for purposes of section 4106 of H. Con. Res. 71 (115th Congress).
Classification of Budgetary Effects
Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines:
**3. Direct spending programs Revenues, entitlements and other mandatory programs (including offsetting receipts) will be scored at current law levels, as defined in section 257 of GRH, unless congressional action modifies the authorizing legislation. Substantive changes to or restrictions on entitlement law or other mandatory spending law in appropriations laws will be scored against the Appropriations Committee's section 302(b) allocations in the House and the Senate. For the purpose of CBA scoring, direct spending savings that are included in both an appropriations bill and a reconciliation bill will be scored to the reconciliation bill and not to the appropriations bill. For scoring under sections 251 or 252 of GRH, such provisions will be scored to the first bill enacted.
The budgetary effects if Division C shall NOT be estimated for purposes of section 251 if such Act; for purposes of an allocation to the Committee on Appropriations pursuant to section 302(a) of the congressional Budget Act of 1974; and for purposes of paragraph (4)(C) section 3 of Statutory Pay-As-You-Go Act of 2010 as being included in an appropriations Act.