This bill provides FY2021 emergency supplemental appropriations for federal agencies to respond to the events at the U.S. Capitol Complex on January 6, 2021.
Specifically, the bill provides appropriations for the National Guard, the Capitol Police, and the Architect of the Capitol.
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2312 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
1st Session
S. 2312
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2021, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 12, 2021
Mr. Shelby introduced the following bill; which was read twice and
referred to the Committee on Appropriations
_______________________________________________________________________
A BILL
Making emergency supplemental appropriations for the fiscal year ending
September 30, 2021, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, The following sums are
hereby 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:
TITLE I
DEPARTMENT OF DEFENSE
MILITARY PERSONNEL
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$231,000,000, to respond to the events at the United States Capitol
Complex on January 6, 2021, and for related purposes: Provided, That
such amount 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.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $28,900,000, to respond to the events at the United States
Capitol Complex on January 6, 2021, and for related purposes:
Provided, That such amount 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.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $218,500,000 to respond to the events at the United
States Capitol Complex on January 6, 2021, and for related purposes:
Provided, That such amount 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.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $42,500,000 to respond to the events at the United
States Capitol Complex on January 6, 2021, and for related purposes:
Provided, That such amount 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.
TITLE II
LEGISLATIVE BRANCH
CAPITOL POLICE
Salaries
For an additional amount for ``Salaries'', $37,495,000, to remain
available until September 30, 2022, to respond to the events at the
United States Capitol on January 6, 2021, and for related purposes:
Provided, That of such amount, $3,600,000 may remain available until
expended for retention bonuses: Provided further, That of such amount,
up to $6,900,000 shall be made available for hazard pay for employees
of the Capitol Police: Provided further, That of such amount,
$1,361,300 shall be made available for the wellness program for the
United States Capitol Police: Provided further, That such amount 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.
General Expenses
(including transfer of funds)
For an additional amount for ``General Expenses'', $33,169,000, to
remain available until September 30, 2022, to respond to the events at
the United States Capitol on January 6, 2021, and for related purposes:
Provided, That of such amount, $2,628,000 shall remain available until
expended for physical protection barriers and various civil disturbance
unit equipment: Provided further, That amounts provided under this
heading in this chapter for physical protection barriers may be
transferred to and merged with the Capitol Police Building and Grounds
Account of the Architect of the Capitol: Provided further, That of
such amount, not less than $5,000,000 shall be made available for
reimbursable agreements with State and local law enforcement agencies
and not less than $4,800,000 shall be available for protective details
for Members of Congress, including Delegates and the Resident
Commissioner to the Congress: Provided further, That of such amount,
up to $2,500,000 may be transferred to ``Department of Justice--United
States Marshals Service--Salaries and Expenses'' for the purpose of
reimbursements for providing peer-to-peer and group counseling services
to the Capitol Police and training and technical and related assistance
necessary to establish a peer-to-peer and group counseling program
within the Capitol Police: Provided further, That such amount 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.
united states capitol police mutual aid reimbursements
For an additional amount for United States Capitol Police ``General
Expenses'', $26,300,000, to remain available until September 30, 2026,
for reimbursements for mutual aid and related training, including
mutual aid and training provided under the agreements described in
section 7302 of Public Law 108-458: Provided, That obligation of the
funds made available in the preceding proviso be subject to
notification to the Chairmen and Ranking Members of Committees on
Appropriations of both Houses of Congress, the Senate Committee on
Rules and Administration, and the Committee on House Administration of
the amount and purpose of the expense within 15 days of obligation:
Provided further, That such amount 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.
Administrative Provisions
capitol police salary cap adjustment
Sec. 201. For the purposes of administering pay during calendar
year 2021, the limitation on the maximum rate of gross compensation 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 limited to 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.
emergency assistance for the capitol police
Sec. 202. (a) Assistance by Executive Departments and Agencies.--
Section 911(a) of division B of the Department of Defense and Emergency
Supplemental Appropriations for Recovery from and Response to Terrorist
Attacks on the United States Act, 2002 (2 U.S.C. 1970(a)) is amended--
(1) in paragraph (1), by inserting ``or in accordance with
paragraph (4)'' before ``and on a permanent'';
(2) in paragraph (4)(B)--
(A) in the matter preceding clause (i), by striking
``advance''; and
(B) in clause (ii)--
(i) in subclause (I), by striking ``or''
after the semicolon;
(ii) in subclause (II), by striking ``and''
after the semicolon and inserting ``or''; and
(iii) by adding at the end the following:
``(III) the Chief of the Capitol
Police, if the Chief of the Capitol
Police has determined that the
provision of assistance is necessary to
prevent the significant disruption of
governmental function and public order
within the United States Capitol
Buildings and Grounds, as described in
section 9 of the Act entitled `An Act
to define the area of the United States
Capitol Grounds, to regulate the use
thereof, and for other purposes',
approved July 31, 1946 (2 U.S.C. 1961);
and''; and
(3) by adding at the end the following:
``(5) Revocation.--The Capitol Police Board may revoke a
request for assistance provided under paragraph (4)(B)(ii)(III)
upon consultation with appropriate Members of the Senate and
House of Representatives in leadership positions.''.
(b) Capitol Police Special Officers.--Section 1017 of division H of
the Consolidated Appropriations Resolution, 2003 (2 U.S.C. 1974) is
amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by
inserting ``or as determined by the Chief of the
Capitol Police in accordance with section
911(a)(4)(B)(ii)(III) of division B of the Department
of Defense and Emergency Supplemental Appropriations
for Recovery from and Response to Terrorist Attacks on
the United States Act, 2002 (2 U.S.C.
1970(a)(4)(B)(ii)(III)),'' after ``Congress,''; and
(B) by adding at the end the following:
``An appointment under this section due to an emergency determined by
the Chief of the Capitol Police under paragraph (4)(B)(ii)(III) of
section 911(a) of division B of the Department of Defense and Emergency
Supplemental Appropriations for Recovery from and Response to Terrorist
Attacks on the United States Act, 2002 (2 U.S.C. 1970(a)) shall be in
effect for the period of the emergency, unless and until the Capitol
Police Board revokes the request for assistance under paragraph (5) of
such section.'';
(2) by striking subsections (c) and (e);
(3) by redesignating subsections (d), (f), and (g) as
subsections (c), (d), and (e), respectively; and
(4) in subsection (d), as redesignated by paragraph (3) of
this subsection, by striking ``President pro tempore'' and
inserting ``Majority Leader''.
(c)(1) Joint Oversight Hearings.--The Committee on Rules and
Administration of the Senate and the Committee on House Administration
of the House of Representatives (referred to in this section as the
``Committees'') are authorized to jointly conduct oversight hearings
regarding the Capitol Police Board and may request the attendance of
all members of the Capitol Police Board at any such hearing. Members of
the Capitol Police Board shall attend a joint hearing under this
section, as requested and under such rules or procedures as may be
adopted by the Committees.
(2) Timing.--The Committees may conduct oversight hearings under
this section as determined appropriate by the Committees, but shall
conduct not less than one oversight hearing under this section during
each Congress.
(d) Effective Date.--The amendments made by this section shall take
effect on October 1, 2021.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For an additional amount for ``Capital Construction and
Operations'', $15,000,000, to remain available until September 30,
2022, to respond to the events at the United States Capitol on January
6, 2021, by securing vulnerabilities of windows and doors in the United
States Capitol Building: Provided, That such amount 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.
TITLE III
GENERAL PROVISIONS--THIS ACT
Sec. 301. Each amount appropriated or made available by this Act
is in addition to amounts otherwise appropriated for the fiscal year
involved.
Sec. 302. 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. 303. 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. 304. Each amount appropriated in this Act may be made
available to restore amounts, either directly or through reimbursement,
for obligations incurred for the purposes provided herein for such
appropriation prior to the date of the enactment of this Act.
Sec. 305. Each 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. 306. Any 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.
<all>
Introduced in Senate
Read twice and referred to the Committee on Appropriations.
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