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Emergency Security Supplemental Appropriations Act, 2021

Public Law 117-31 · H.R. 3237 · 117th Congress · began in the House

Signed by Joe Biden (D) on Jul 30, 2021 · Congress

Major law

Sponsor: Rep. Rosa DeLauro (D-CT-3)

Cosponsors: None

Passage votesYeaNay

  • HouseRecorded vote: 416 yea, 11 nay416–11
  • SenateRecorded vote: 98 yea, 0 nay98–0
Data notes

The final version of the law, as each chamber passed it. A chamber that passed it by voice vote or unanimous consent has no count. “Method not stated” means the record does not say how the chamber voted. Where the record has a member-by-member vote, the “Who voted for it” section shows who voted yea.

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Summary

The Congressional Research Service’s plain-language summary of what the law does.

This bill provides FY2021 supplemental appropriations for federal agencies to respond to the events at the U.S. Capitol Complex on January 6, 2021, and assist Afghan refugees.

It also provides supplemental appropriations for the legislative branch to address COVID-19 and modifies requirements for certain programs that provide special immigrant status to eligible nationals of Afghanistan or Iraq,

TITLE I--DEPARTMENT OF DEFENSE

This title provides appropriations for the National Guard to respond to the events at the U.S. Capitol Complex on January 6, 2021, and for related purposes.

The title also provides appropriations to the Department of Defense for overseas humanitarian, disaster, and civic aid.

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

This title provides appropriations to the Administration for Children and Families for refugee and entrance assistance activities.

The funding must be used for activities for Afghan individuals within the United States who have been granted special immigrant status.

TITLE III--LEGISLATIVE BRANCH

This title provides appropriations for the legislative branch to respond to the events at the U.S. Capitol Complex on January 6, 2021, and address COVID-19.

Specifically, the title provides appropriations for

• the Senate,

• the House of Representatives,

• the U.S. Capitol Police,

• U.S. Capitol Police Mutual Aid Reimbursements, and

• the Architect of the Capitol (AOC).

The title also provides appropriations for payments to the widows and heirs of deceased Members of Congress, including (1) Susan M. Wright, widow of the late Representative Ronald Wright; and (2) the heirs of the late Representative Alcee Hastings.

(Sec. 301) This section designates the wellness program of the U.S. Capitol Police as the Howard C. Liebengood Center for Wellness.

(Sec. 302) This section modifies the salary cap for the U.S. Capitol Police during 2021.

(Sec. 310) This section prohibits funds from being used to install permanent, above-ground fencing around the perimeter, or any portion thereof, of the U.S. Capitol Grounds.

(Sec. 311) With congressional approval, the AOC may accept contributions of, and 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.

TITLE IV--BILATERAL ECONOMIC ASSISTANCE

This title provides appropriations to the Department of State for migration and refugee assistance to address humanitarian needs in Afghanistan and to assist Afghan refugees.

The title also provides appropriations to the State Department for the United States Emergency Refugee and Migration Assistance Fund.

(Sec. 401) This section increases the number of special immigrant visas available to qualified Afghan nationals who worked for the U.S. government or a North Atlantic Treaty Organization (NATO) mission in Afghanistan, extends the deadline for applying for such visas, and relaxes certain qualifications.

All applicants for such a visa must establish that the applicant was employed with the U.S. government or a NATO mission for one year, where currently some applicants must prove two years of employment. This section also eliminates a requirement that the applicant faces an ongoing serious threat in Afghanistan due to such employment.

Furthermore, for an applicant qualifying for a visa by performing duties for U.S. military personnel stationed with a NATO mission, this section eliminates a requirement that the duties performed qualify as sensitive and trusted duties.

This section also relaxes limits to appealing rejections for applications for such visas.

(Sec. 402) This bill authorizes the State Department and the Department of Homeland Security (DHS) to jointly postpone the medical exam requirement for individuals seeking entry into the United States under the program described in Section 401.

If an individual receives such a postponement, DHS shall ensure to the greatest extent possible that individual undergoes a medical exam no later than 30 days after admission into the United States. Such an individual's status as a lawful permanent resident shall be conditional until the individual undergoes the required medical exam.

(Sec. 403) This section modifies the immigration benefits of the surviving family members of certain deceased individuals.

The surviving spouse or child of a U.S. government employee abroad shall qualify as a special immigrant if that employee performed at least 15 years of faithful service or was killed in the line of duty.

This section also expands surviving family member benefits for certain programs that provide special immigrant status to eligible nationals of Afghanistan or Iraq, including the program described in Section 401. Specifically, if an individual submitted an application to the Chief of Mission that included an accompanying spouse or child and that application would have been approved but for the individual's death, the surviving spouse or child shall remain eligible to receive a visa under the respective program. Currently, such survivor rights only apply if the deceased individual's petition was approved.

(Sec. 404) If an individual has an approved petition under a program that provided special immigrant status to translators who worked for the Armed Forces in Afghanistan or Iraq but a visa is not immediately available, the State Department or DHS may convert that petition to an approved petition under another program which provides special immigrant status to certain Iraqi nationals, if there are visas available under that second program. (DHS and the State Department currently only have the authority to convert petitions filed before October 1, 2008.)

TITLE V--DEPARTMENT OF JUSTICE

This title provides appropriations to the Department of Justice (DOJ) for state and local law enforcement assistance.

DOJ must use the funds for restoring funds that were used for extraordinary law enforcement and related costs directly associated with protection of the President-elect from November 4, 2020, until the inauguration of the President-elect as President.

TITLE VI--GENERAL PROVISIONS--THIS ACT

(Sec. 601) This section specifies that the funds provided by this bill are in addition to funds otherwise appropriated for the fiscal year involved.

(Sec. 602) Funds provided by this bill may not remain available beyond the current fiscal year, unless this bill provides otherwise.

(Sec. 603) Unless otherwise specified by this bill, the funds provided by this bill are subject to the authorities and conditions that apply to the applicable appropriations account for FY2021.

(Sec. 604) This section specifies that funding provided by this bill may only be used for the purposes specifically described in the bill. The section includes an exception for funds used to restore amounts for obligations incurred prior to the date of the enactment of this bill.

(Sec. 605) This section specifies that the term coronavirus in this bill means SARS-CoV-2 or another coronavirus with pandemic potential.

(Sec. 606) This section provides that amounts designated by this bill as emergency requirements are only available (or rescinded or transferred, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.

(Sec. 607) This section specifies that the emergency funds that are transferred pursuant to this bill retain the emergency designation.

Who voted for it

Every House member of the 117th Congress on the ideology compass. Highlighted: the 416 who voted yea on final passage. Faded: everyone else, including those who voted nay, did not vote, or had not yet taken office.

416 yea11 nay4 present or did not vote

ProEstablishmentAnti
Economic left–right
More liberalMore conservative

Democrats who voted yea(213)

Republicans who voted yea(203)

Data notes

The House’s recorded vote on the final version of the law (roll call 249 in Voteview), matched to the vote the record cites and checked against its totals. Positions are each member’s DW-NOMINATE score for that Congress, as on the Ideology page; left to right is more liberal to more conservative. Paired and announced yea votes count as yea. Lists follow the compass, most liberal first. A name links to a profile only for members of the current Congress. A law passed by voice vote or unanimous consent has no member list, and neither does a vote Voteview has not yet recorded.

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Committees

The committees the bill was sent to, and what each did with it.

Data notes

A committee links to its page only where it exists in the current Congress; older and renamed committees are named without a link.

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Related bills

7 bills the Library of Congress relates to this one.

  • H.R. 284Related bill

    Require USCP to Utilize Body-Worn Cameras Act

  • H.R. 3385Related bill

    HOPE for Afghan SIVs Act of 2021

  • H.R. 4498Related bill

    To make emergency appropriations to the National Guard.

  • H.Res. 409Procedurally-related

    Providing for consideration of the bill (H.R. 3233) to establish the National Commission to Investigate the January 6 Attack on the United States Capitol Complex, and for other purposes; and providing for consideration …

  • S. 2032Related bill

    Afghan Allies Protection Act of 2021

  • S. 2083Related bill

    HOPE for Afghan SIVs Act of 2021

  • S. 2311Related bill

    Emergency Security Supplemental to Respond to January 6th Appropriations Act, 2021

Data notes

Related bills are identified by the Congressional Research Service, the House and the Senate: companion and identical bills, bills with similar text, bills that were folded into this law, and rules that brought it to the floor. A bill that is itself a public law in this site’s data links here; the others link to Congress.gov.

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Timeline

From introduction to signing, newest first: the committees, the floor and the president. 26 actions.

  1. Jul 30, 2021Became lawBecame law · Became Public Law No: 117-31.
  2. Became lawBecame law · Signed by President.
  3. FloorFloor · Presented to President.
  4. Jul 29, 2021Resolving differencesResolving differences · Motion to reconsider laid on the table Agreed to without objection.
  5. Resolving differencesResolving differences · On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 416 - 11 (Roll no. 250).House roll call 250
  6. Resolving differencesResolving differences · Ms. DeLauro moved that the House suspend the rules and agree to the Senate amendment.
  7. FloorFloor · Message on Senate action sent to the House.
  8. FloorFloor · The House proceeded with 40 minutes of debate on the motion to suspend the rules and concur in the Senate amendment to H.R. 3237.
  9. FloorFloor · Passed Senate, under the order of 7/29/21, having achieved 60 votes in the affirmative, with an amendment by Yea-Nay Vote. 98 - 0. Record Vote Number: 287.Senate roll call 287
  10. FloorFloor · Measure laid before Senate by unanimous consent.
  11. OtherOther · Resolving differences -- House actions: On motion that the House suspend the rules and agree to the Senate amendment Agreed to by the Yeas and Nays: (2/3 required): 416 - 11 (Roll no. 250).House roll call 250
  12. May 24, 2021CalendarCalendar · Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 63.
  13. May 20, 2021FloorFloor · Motion to reconsider laid on the table Agreed to without objection.
  14. FloorFloor · On passage Passed by the Yeas and Nays: 213 - 212, 3 Present (Roll no. 156).House roll call 156
  15. FloorFloor · On motion to recommit Failed by the Yeas and Nays: 209 - 218 (Roll no. 155).House roll call 155
  16. FloorFloor · The previous question on the motion to recommit was ordered pursuant to clause 2(b) of rule XIX.
  17. FloorFloor · Mr. Gonzales, Tony moved to recommit to the Committee on Appropriations.
  18. FloorFloor · The previous question was ordered pursuant to the rule.
  19. FloorFloor · DEBATE - The House proceeded with one hour of debate on H.R. 3237.
  20. FloorFloor · Rule provides for consideration of H.R. 3233 and H.R. 3237. Resolution provides for consideration of H.R. 3233 and H.R. 3237 under a closed rule. The resolution provides that the previous question shall be ordered on both bills without intervening motion except one hour of debat…
  21. FloorFloor · Considered under the provisions of rule H. Res. 409.
  22. CalendarCalendar · Received in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
  23. May 19, 2021FloorFloor · Rule H. Res. 409 passed House.
  24. May 18, 2021FloorFloor · Rules Committee Resolution H. Res. 409 Reported to House. Rule provides for consideration of H.R. 3233 and H.R. 3237. Resolution provides for consideration of H.R. 3233 and H.R. 3237 under a closed rule. The resolution provides that the previous question shall be ordered on both…
  25. May 14, 2021CommitteeCommittee · Referred to the Committee on Appropriations, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
  26. IntroducedIntroduced · Introduced in House
Data notes

Every action the Library of Congress lists for the bill, from introduction to signing, plus the dated committee hearings. The source lists many steps twice (the chamber’s own entry and the Library of Congress copy, or a presidential and a became-law entry with the same words); those are shown once. Amendments are listed in their own section.

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Amendments

2 amendments offered to the bill, with the last recorded step of each.

  • S.Amdt. 2124SenateSen. Tom CottonR-AR· offered Jul 29, 2021Agreed to

    To require a report to Congress on the health of the Afghan special immigrant visa program.

    Jul 29, 2021: Amendment SA 2124 agreed to in Senate by Voice Vote.

    Agreed to

  • S.Amdt. 2123SenateSen. Patrick LeahyD-VT· offered Jul 29, 2021Agreed to

    In the nature of a substitute.

    Jul 29, 2021: Amendment SA 2123 agreed to in Senate by Voice Vote.

    Agreed to
Data notes

Amendments offered to this bill in either chamber, as the Library of Congress records them: each with a status read from its last recorded step: agreed to, rejected, withdrawn, ruled out of order, fell with another amendment, or offered with no vote recorded (most Senate amendments are only ever offered). The wording of each amendment is the source’s. Amendments to amendments and amendments to other bills are not listed.

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Official record

The bill’s full text is on Congress.gov. Data through Oct 7, 2026.