Pub. L. 117-31

US - Public Laws

Pub. L. 117-31

Pub. L. 117-31 - Emergency Security Supplemental Appropriations Act, 2021

117th Congress

Affects: 8 U.S.C. §§ 1101, 1157, 1182, 1201; 22 U.S.C. §§ 2601; 29 U.S.C. §§ 201; 40 U.S.C. §§ 5102

ThatEmergency 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:

Sec. 301. wellness program

(a) The wellness program of the United States Capitol Police shall be known and designated as the “Howard C. Liebengood Center for Wellness”.

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

Sec. 302. capitol police salary cap adjustment

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.

Sec. 310.

None2 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.

ForDetermination. 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.

Sec. 401. extension and modification of the afghan special immigrant visa program

(a) Section 602(b) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—

(a)(1) in paragraph (2)—

(a)(1)(A) in subparagraph (A) by amending clause (ii) to read as follows:

(a)(1)(A)“(ii) was or is employed in Afghanistan on or after October 7, 2001, for not less than 1 year—

(a)(1)(A)“(ii)“(I) by, or on behalf of, the United States Government; or

(a)(1)(A)“(ii)“(II) by the International Security Assistance Force (or any successor name for such Force) in a capacity that required the alien—

(a)(1)(A)“(ii)“(II)“(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

(a)(1)(A)“(ii)“(II)“(bb) to perform activities for the United States military personnel stationed at International Security Assistance Force (or any successor name for such Force);”

(a)(1)(A) ; and

(a)(1)(B) in subparagraph (D)(ii)(I)(bb)—

(a)(1)(B)(i) in the matter preceding subitem (AA), by inserting “per denial or revocation” after “written appeal”; and

(a)(1)(B)(ii) in subitem (AA), by inserting “or thereafter at the discretion of the Secretary of State” after “in writing”;

(a)(2) in paragraph (3)(F)—

(a)(2)(A) in the subparagraph heading, by striking “2021” and inserting “2022”;

(a)(2)(B) in the matter preceding clause (i)—

(a)(2)(B)(i) by striking “exhausted,,” and inserting “exhausted,”; and

(a)(2)(B)(ii) by striking “26,500” and inserting “34,500”;

(a)(2)(C) in clause (i), by striking “December 31, 2022” and inserting “December 31, 2023;”; and

(a)(2)(D) in clause (ii), by striking “December 31, 2022” and inserting “December 31, 2023;”;

(a)(3) in paragraph (4)(A), by inserting “, including Chief of Mission approval,” after “so that all steps”; and

(a)(4) in paragraph (13), in the matter preceding subparagraph (A), by striking “January 31, 2023” and inserting “January 31, 2024”.

(b) 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)(1) 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).

(c)(2) The report required by paragraph (1) shall include the following:

(c)(2)(A) The total number of visas issued under such program, disaggregated by fiscal year.

(c)(2)(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)(2)(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.

(c)(2)(D) The number of individuals who have pending applications for visas under such program, including—

(c)(1) The number of individuals approved of the total number of applications processed by the Chief of Mission; and

(c)(2) The number of successful appeals of the total number of application appeals filed.

(c)(2)(E) 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.

(c)(3) In this section, the term “appropriate congressional committees” means—

(c)(3)(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

(c)(3)(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.

Sec. 402. waiver of medical examination for afghan allies

(a) 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) 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) 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)(1) 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.

(d)(2)(A) 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.

(d)(2)(B) 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)).

(d)(3) 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—

(d)(3)(A) the number of pending and completed examinations; and

(d)(3)(B) 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) The term “appropriate committees of Congress” means—

(e)(1) 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

(e)(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) 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) The authority under subsections (a) and (b) expires on the date that is 3 years after the date of enactment of this Act.

(h) 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.

Sec. 403. special immigrant status for certain surviving spouses and children

(a) Section 101(a)(27)(D) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(D)) is amended—

(a)(1) by striking “an immigrant who is an employee” and inserting

(a)(1)“(i) is an employee”

(a)(1) ; and

(a)(2) by striking “grant such status;” and inserting

(a)(2)“(ii) is the surviving spouse or child of an employee of the United States Government abroad: Provided, That theTime period. employee performed faithful service for a total of not less than 15 years or was killed in the line of duty;”

(a)(2) .

(b) Section 602(b)(2)(C) of the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) is amended—

(b)(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;

(b)(2) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively, and moving such subclauses 2 ems to the right;

(b)(3) in the matter preceding subclause (I), as redesignated, by striking “An alien is described” and inserting the following:

(b)(3)“(I) An alien is described”

(b)(3) ;

(b)(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

(b)(5) by adding at the end the following:

(b)(5)“(II) 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 been filed, the employment requirements as of the date of the principal alien’s death.”

(b)(5) .

(c)(1) by striking “described in subsection (b)” and inserting “in this subsection”;

(c)(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;

(c)(3) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively, and moving such clauses 2 ems to the right;

(c)(4) in the matter preceding clause (i), as redesignated, by striking “An alien is described” and inserting the following:

(c)(4)“(A) An alien is described”

(c)(4) ;

(c)(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

(c)(6) by adding at the end the following:

(c)(6)“(B) 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.”

(c)(6) .

(d) The amendments made by this section shall be effective on June 30, 2021, and shall have retroactive effect.

(e) 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.

Sec. 404. conversion of petitions for special immigrant status for certain iraqis

(a) Section 2 of Public Law 110–242 (8 U.S.C. 1101 note) is amended by striking subsection (b) and inserting the following:

(a)“(b) 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.”

(a) .

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.

InDefinition. this Act, the term “coronavirus” means SARS–CoV–2 or another coronavirus with pandemic potential.

Sec. 606.

EachPresident. 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.

AnyPresident. 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.

Legislative History

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.