Appropriations

Division D, as Amended
Continuing Resolutions for Fiscal year 2018

Summary

Bills or joint resolutions providing “continuing appropriations” are distinct from “general appropriations” in parliamentarian terms, but in practical terms, the main distinction their duration. While they may only last a few days, they can be of any length. For fiscal year 2018, the continuing resolution enacted had multiple components, but the feature of extending discretionary funding concentrated on Division D of Pub. L. 115-56, the first CR enacted. While it is insufficient to for a full understanding of the funding extensions, the main cross references to previously enacted appropriations are found in Division D. In particular, the references to Public Law 115–31 should be noted because it was the final omnibus appropriation Act for fiscal year 2017.

Division D of the first Continuing Resolution, Fiscal Year 2018 (Pub. L. 115-56) has been the used to include statutory text other than simple appropriations statutory text. These sections are considered “legislating” on an appropriation measure, and is prohibited under Congressional rules (see clause 2 of rule XXI of the House Rules). Continuing resolutions, however, require unusual text to address issues that arise. Though these short term extensions can be a simple matter of changing dates, this is increasingly rare as CRs become more the norm rather than an exception in Congressional practice. 

  • Pub. L, 115-56 was the first CR for FY2018 and extended funding to  December 8, 2017. It enacted sections 101 through 142.
  • Pub. L. 115-96 extended funding through January 19, 2018 and enacted sections 143 through 147.
  • Pub. L. 115-120 extended funding through February 8, 2019 and enacted sections 148 through 155.
  • Pub. L. 115-123 (Bipartisan Budget Act of 2018) extended funding through March 23, 2018 and enacted sections 156 through 165. 

Pub. L. 115-56, Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017; 131 Stat. 1129; Sept. 8, 2017

Pub. L. 115-96, Further Additional Continuing Appropriations Act, 2018; Enrolled Bill; December 22, 2017

Pub. L. 115-120, Making Further Continuing Appropriations for the Fiscal Year Ending September 30, 2018; January 22, 2017

Pub. L. 115-123, Bipartisan Budget Act of 2018; 132 Stat. 64; February 9, 2018 (H.R. 1892, as Enrolled)


Division D

Continuing Appropriations Acts, 2018

The following sums are hereby appropriated, out of any money in the Treasury not otherwise appropriated, and out of applicable corporate or other revenues, receipts, and funds, for the several departments, agencies, corporations, and other organizational units of Government for fiscal year 2018, and for other purposes, namely:

Sec. 101. (a) Such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2017 and under the authority and conditions provided in such Acts, for continuing projects or activities (including the costs of direct loans and loan guarantees) that are not otherwise specifically provided for in this Act, that were conducted in fiscal year 2017, and for which appropriations, funds, or other authority were made available in the following appropriations Acts:

(1) The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017 (division A of Public Law 115–31) and section 193 of Public Law 114–223, as amended by division A of Public Law 114–254.

(2) The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017 (division B of Public Law 115–31), except section 540.

(3) The Department of Defense Appropriations Act, 2017 (division C of Public Law 115–31).

(4) The Energy and Water Development and Related Agencies Appropriations Act, 2017 (division D of Public Law 115–31).

(5) The Financial Services and General Government Appropriations Act, 2017 (division E of Public Law 115–31).

(6) The Department of Homeland Security Appropriations Act, 2017 (division F of Public Law 115–31), except section 310.

(7) The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017 (division G of Public Law 115–31), except that the language under the heading “FLAME Wildfire Suppression Reserve Fund” in the Departments of Agriculture and the Interior shall be applied by adding at the end the following: “Provided further, That notwithstanding the first proviso under the heading and notwithstanding the FLAME Act of 2009, 43 U.S.C. 1748a(e), such funds shall be available to be transferred to and merged with other appropriations accounts to fully repay amounts previously transferred for wildfire suppression”.

(8) The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017 (division H of Public Law 115–31) and sections 171, 194, and 195 of Public Law 114–223, as amended by division A of Public Law 114–254.

(9) The Legislative Branch Appropriations Act, 2017 (division I of Public Law 115–31) and section 175 of Public Law 114–223, as amended by division A of Public Law 114–254.

(10) The Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 (division A of Public Law 114–223), except for appropriations for fiscal year 2017 in the matter preceding the first proviso under the heading “Medical Community Care”, and division L of Public Law 115–31.

(11) The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 (division J of Public Law 115–31).

(12) The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017 (division K of Public Law 115–31), except sections 420 and 421.

(13) The Security Assistance Appropriations Act, 2017 (division B of Public Law 114–254).
(b) The rate for operations provided by subsection (a) is hereby reduced by 0.6791 percent.

Sec. 102. (a) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used for: (1) the new production of items not funded for production in fiscal year 2017 or prior years; (2) the increase in production rates above those sustained with fiscal year 2017 funds; or (3) the initiation, resumption, or continuation of any project, activity, operation, or organization (defined as any project, subproject, activity, budget activity, program element, and subprogram within a program element, and for any investment items defined as a P–1 line item in a budget activity within an appropriation account and an R–1 line item that includes a program element and subprogram element within an appropriation account) for which appropriations, funds, or other authority were not available during fiscal year 2017.
(b) No appropriation or funds made available or authority granted pursuant to section 101 for the Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later.

Sec. 103. Appropriations made by section 101 shall be available to the extent and in the manner that would be provided by the pertinent appropriations Act.

Sec. 104. Except as otherwise provided in section 102, no appropriation or funds made available or authority granted pursuant to section 101 shall be used to initiate or resume any project or activity for which appropriations, funds, or other authority were not available during fiscal year 2017.

Sec. 105. Appropriations made and authority granted pursuant to this Act shall cover all obligations or expenditures incurred for any project or activity during the period for which funds or authority for such project or activity are available under this Act.

Sec. 106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2018, appropriations and funds made available and authority granted pursuant to this Act shall be available until whichever of the following first occurs:

(1) the enactment into law of an appropriation for any project or activity provided for in this Act;

(2) the enactment into law of the applicable appropriations Act for fiscal year 2018 without any provision for such project or activity; or

(3) December 8, 2017. [BCR Note: Sec. 1001 of Pub. L. 115-96 changed to January 19, 2018; Sec. 2001 of Pub. L. 115-120 changed to February 8, 2018; Sec. 20101 of Pub. L. 115-123 changed to March 23, 2018].

Sec. 107. Expenditures made pursuant to this Act shall be charged to the applicable appropriation, fund, or authorization whenever a bill in which such applicable appropriation, fund, or authorization is contained is enacted into law.

Sec. 108. Appropriations made and funds made available by or authority granted pursuant to this Act may be used without regard to the time limitations for submission and approval of apportionments set forth in section 1513 of title 31, United States Code, but nothing in this Act may be construed to waive any other provision of law governing the apportionment of funds.

Sec. 109. Notwithstanding any other provision of this Act, except section 106, for those programs that would otherwise have high initial rates of operation or complete distribution of appropriations at the beginning of fiscal year 2018 because of distributions of funding to States, foreign countries, grantees, or others, such high initial rates of operation or complete distribution shall not be made, and no grants shall be awarded for such programs funded by this Act that would impinge on final funding prerogatives.

Sec. 110. This Act shall be implemented so that only the most limited funding action of that permitted in the Act shall be taken in order to provide for continuation of projects and activities.

Sec. 111. (a) For entitlements and other mandatory payments whose budget authority was provided in appropriations Acts for fiscal year 2017, and for activities under the Food and Nutrition Act of 2008, activities shall be continued at the rate to maintain program levels under current law, under the authority and conditions provided in the applicable appropriations Act for fiscal year 2017, to be continued through the date specified in section 106(3).
(b) Notwithstanding section 106, obligations for mandatory payments due on or about the first day of any month that begins after October 2017 but not later than 30 days after the date specified in section 106(3) may continue to be made, and funds shall be available for such payments.
Sec. 112. Amounts made available under section 101 for civilian personnel compensation and benefits in each department and agency may be apportioned up to the rate for operations necessary to avoid furloughs within such department or agency, consistent with the applicable appropriations Act for fiscal year 2017, except that such authority provided under this section shall not be used until after the department or agency has taken all necessary actions to reduce or defer non-personnel-related administrative expenses.

Sec. 113. Funds appropriated by this Act may be obligated and expended notwithstanding section 10 of Public Law 91–672 (22 U.S.C. 2412), section 15 of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).

Sec. 114. (a) Each amount incorporated by reference in this Act that was previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to section 251(b)(2)(A) of the Balanced Budget and Emergency Deficit Control Act of 1985 or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to section 251(b)(2)(A) of such Act or as being for disaster relief pursuant to section 251(b)(2)(D) of such Act, respectively.

(b) The reduction in section 101(b) of this Act shall not apply to—

(1) amounts designated under subsection (a) of this section;

(2) amounts made available by section 101(a) by reference to the second paragraph under the heading “Social Security Administration—Limitation on Administrative Expenses” in division H of Public Law 115–31; or

(3) amounts made available by section 101(a) by reference to the paragraph under the heading “Centers for Medicare and Medicaid Services—Health Care Fraud and Abuse Control Account” in division H of Public Law 115–31.

(c) Section 6 of Public Law 115–31 shall apply to amounts designated in subsection (a) for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement.

Sec. 115. During the period covered by this Act, discretionary amounts appropriated for fiscal year 2018 that were provided in advance by appropriations Acts shall be available in the amounts provided in such Acts, reduced by the percentage in section 101(b).

Sec. 116. Notwithstanding section 101, amounts are provided for “Department of Agriculture—Domestic Food Programs—Food and Nutrition Service—Commodity Assistance Program” at a rate for operations of $317,139,000, of which $238,120,000 shall be for the Commodity Supplemental Food Program.

Sec. 117. The final proviso in section 715 of division A of Public Law 115–31 shall be applied during the period covered by this Act by adding “from amounts first made available for fiscal year 2018” after “unobligated balances” and as if the following were struck from such proviso: “the carryover amounts authorized in the first proviso of this section for section 32 and”.

Sec. 118. Amounts made available by section 101 for “Department of Commerce—Bureau of the Census—Periodic Censuses and Programs” may be apportioned up to the rate for operations necessary to maintain the schedule and deliver the required data according to statutory deadlines in the 2020 Decennial Census Program.

Sec. 119. Section 1215(f)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. 113 note), as most recently amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328), shall be applied by substituting “2018” for “2017” through the earlier of the date specified in section 106(3) of this Act or the date of the enactment of an Act authorizing appropriations for fiscal year 2018 for military activities of the Department of Defense.

Sec. 120. (a) Funds made available by section 101 for “Department of Energy—Energy Programs—Uranium Enrichment Decontamination and Decommissioning Fund” may be apportioned up to the rate for operations necessary to avoid disruption of continuing projects or activities funded in this appropriation.

(b) The Secretary of Energy shall notify the Committees on Appropriations of the House of Representatives and the Senate not later than 3 days after each use of the authority provided in subsection (a).

Sec. 121. Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C. 2214(c)) shall be applied by substituting the date specified in section 106(3) for “September 30, 2017”.

Sec. 122. (a) Notwithstanding section 101, the third proviso under the heading “Power Marketing Administrations—Operation and Maintenance, Southeastern Power Administration” in division D of Public Law 115–31 shall be applied by substituting “$51,000,000” for “$60,760,000”.

(b) Notwithstanding section 101, the third proviso under the heading “Power Marketing Administrations—Operation and Maintenance, Southwestern Power Administration” in division D of Public Law 115–31 shall be applied by substituting “$10,000,000” for “$73,000,000”.

(c) Notwithstanding section 101, the third proviso under the heading “Power Marketing Administrations—Construction, Rehabilitation, Operation and Maintenance, Western Area Power Administration” in division D of Public Law 115–31 shall be applied by substituting “$179,000,000” for “$367,009,000”.

Sec. 123. Notwithstanding any other provision of this Act, except section 106, the District of Columbia may expend local funds under the heading “District of Columbia Funds” for such programs and activities under the District of Columbia Appropriations Act, 2017 (title IV of division E of Public Law 115–31) at the rate set forth under “Part A—Summary of Expenses” as included in the Fiscal Year 2018 Local Budget Act of 2017 (D.C. Act 22–99), as modified as of the date of the enactment of this Act.

Sec. 124. (a) Notwithstanding section 101, amounts are provided for “General Services Administration—Allowances and Office Staff for Former Presidents” to carry out the provisions of the Act of August 25, 1958 (3 U.S.C. 102 note), at a rate for operations of $4,754,000.

(b) Notwithstanding section 101, no funds are provided by this Act for “General Services Administration—Expenses, Presidential Transition” and “Executive Office of the President and Funds Appropriated to the President—Presidential Transition Administrative Support”.

(c) Notwithstanding section 101, the matter preceding the first proviso under the heading “District of Columbia—Federal Payment for Emergency Planning and Security Costs in the District of Columbia” in division E of Public Law 115–31 shall be applied by substituting “$14,900,000” for “$34,895,000” and the first proviso under that heading shall not apply during the period covered by this Act.

(d) Notwithstanding section 101, the matter preceding the first proviso under the heading “National Archives and Records Administration—Operating Expenses” in division E of Public Law 115–31 shall be applied by substituting “$375,784,000” for “$380,634,000”.

(e) Notwithstanding section 101, the matter preceding the first proviso under the heading “Department of the Interior—National Park Service—Operation of the National Park System” in division G of Public Law 115–31 shall be applied by substituting “$2,420,818,000” for “$2,425,018,000”.

Sec. 125. Amounts made available by section 101 for “Department of Homeland Security—Office of the Secretary and Executive Management—Operations and Support”, “Department of Homeland Security—Management Directorate—Operations and Support”, and “Department of Homeland Security—Intelligence, Analysis, and Operations Coordination—Operations and Support” may be apportioned up to the rate for operations necessary to carry out activities previously funded under “Department of Homeland Security—Working Capital Fund”, consistent with the fiscal year 2018 President’s Budget.

Sec. 126. Amounts made available by section 101 for “U.S. Customs and Border Protection—Operations and Support”, “U.S. Immigration and Customs Enforcement—Operations and Support”, “Transportation Security Administration—Operations and Support”, and “United States Secret Service—Operations and Support” accounts of the Department of Homeland Security may be apportioned at a rate for operations necessary to maintain not less than the number of staff achieved on September 30, 2017.

Sec. 127. The authority provided by section 831 of the Homeland Security Act of 2002 (6 U.S.C. 391) shall continue in effect through the date specified in section 106(3) of this Act.

Sec. 128. Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111–281; 124 Stat. 2950), as amended, shall be applied in subsection (b) by substituting the date specified in section 106(3) for “September 30, 2017”.

Sec. 129. Amounts made available by section 101 for “Department of Homeland Security—Federal Emergency Management Agency—Disaster Relief Fund” may be apportioned up to the rate for operations necessary to carry out response and recovery activities under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

Sec. 130. Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C. 4016(a) and 4026) shall be applied by substituting the date specified in section 106(3) of this Act for “September 30, 2017”.

Sec. 131. Section 810 of the Federal Lands Recreation Enhancement Act (16 U.S.C. 6809) is amended by striking “September 30, 2018” and inserting “September 30, 2019”.

Sec. 132. The authority provided by subsection (m)(3) of section 8162 of the Department of Defense Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106–79) shall continue in effect through the date specified in section 106(3) of this Act.

Sec. 133. In addition to the amounts otherwise provided by section 101, an additional amount is provided for “Environmental Protection Agency—Water Infrastructure Finance and Innovation Program Account” for administrative expenses to carry out the direct and guaranteed loan programs, notwithstanding section 5033 of the Water Infrastructure Finance and Innovation Act of 2014, at a rate for operations of $3,000,000.

Sec. 134. (a) The following sections of the Federal Insecticide, Fungicide, and Rodenticide Act shall continue in effect through the date specified in section 106(3) of this joint resolution—

(1) subparagraphs (C) through (E) of section 4(i)(1) (7 U.S.C. 136a–1(i)(1)(C)–(E));

(2) section 4(k)(3) (7 U.S.C. 136a–1(k)(3));

(3) section 4(k)(4) (7 U.S.C. 136a-1(k)(4)); and

(4) section 33(c)(3)(B) (7 U.S.C. 136w–8(c)(3)(B)).

(b) (1) Section 4(i)(1)(I) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136a–1(i)(1)(I)) shall be applied by substituting the date specified in section 106(3) of this joint resolution for “September 30, 2017”.

(2) Notwithstanding section 33(m)(2) of the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 136w–8(m)(2)), section 33(m)(1) of such Act (7 U.S.C. 136w–8(m)(1)) shall be applied by substituting the date specified in section 106(3) of this joint resolution for “September 30, 2017”.

(c) Section 408(m)(3) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 346a(m)(3)) shall be applied by substituting the date specified in section 106(3) of this joint resolution for “September 30, 2017”.

Sec. 135. Section 114(f) of the Higher Education Act of 1965 (20 U.S.C. 1011c(f)) shall be applied by substituting the date specified in section 106(3) of this Act for “September 30, 2017”.

Sec. 136. The second proviso under the heading “Department of Health and Human Services—Administration for Children and Families—Children and Families Services Programs” in title II of division H of Public Law 115–31 shall be applied during the period covered by this Act as if the following were struck from such proviso: “, of which $80,000,000 shall be available for a cost of living adjustment notwithstanding section 640(a)(3)(A) of such Act”.

Sec. 137. The proviso at the end of paragraph (1) under the heading “Department of Labor—Employment and Training Administration—State Unemployment Insurance and Employment Service Operations” in title I of division G of Public Law 113–235 shall be applied through the date specified in section 106(3) of this Act by substituting “seven” for “six”.

Sec. 138. In making Federal financial assistance, the National Institutes of Health shall continue through the date specified in section 106(3) of this Act to apply the provisions relating to indirect costs in part 75 of title 45, Code of Federal Regulations, including with respect to the approval of deviations from negotiated rates, to the same extent and in the same manner as the National Institutes of Health applied such provisions in the third quarter of fiscal year 2017. None of the funds appropriated in this Act may be used to develop or implement a modified approach to such provisions, or to intentionally or substantially expand the fiscal effect of the approval of such deviations from negotiated rates beyond the proportional effect of such approvals in such quarter.

Sec. 139. (a) Section 529 of division H of Public Law 115–31 shall be applied by substituting “prior to the beginning of fiscal year 2018 under section 2104(n)(2)” for “from the appropriation to the Fund for the first semiannual allotment period for fiscal year 2017 under section 2104(n)(2)(A)(ii)”; and

(b) section 532 of division H of Public Law 115–31 shall be applied by substituting “2,652,000,000” for “1,132,000,000”.

Sec. 140. Notwithstanding 2 U.S.C. 4577, amounts made available by section 101 for “Legislative Branch—Senate—Salaries, Officers and Employees—Office of the Sergeant at Arms and Doorkeeper” may be apportioned up to the rate for operations necessary to maintain current Senate cybersecurity capabilities.

Sec. 141. (a) The remaining unobligated balances of funds made available under the heading “Department of Veterans Affairs—Departmental Administration—Construction, Major Projects” in division A of the Disaster Relief Appropriations Act of 2013 and Sandy Recovery Improvement Act of 2013 (Public Law 113–2) are hereby rescinded: Provided, That the amounts rescinded pursuant to this section that were previously 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 are designated by the Congress as an emergency requirement pursuant to that section of that Act.

(b) In addition to the amount otherwise provided by section 101 for “Department of Veterans Affairs—Departmental Administration—Construction, Major Projects”, there is appropriated for an additional amount for fiscal year 2017, to remain available until September 30, 2022, an amount equal to the unobligated balances rescinded pursuant to subsection (a), for renovations and repairs as a consequence of damage caused by Hurricane Sandy: Provided, That notwithstanding any other provision of law, such funds may be obligated and expended to carry out planning and design and major medical facility construction not otherwise authorized by law: 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.

(c) Each amount designated in this section 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 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

(d) This section shall become effective immediately upon enactment of this Act.

Sec. 142. Sections 579(a)(1) and (b) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437f note) shall be applied by substituting the date specified in section 106(3) for “October 1, 2017”.

[§§ 143 to 147 added by Pub. L. 115-96]

Sec. 143. Notwithstanding section 104, amounts made available by section 111 for ‘Department of Homeland Security—Coast Guard—Retired Pay’ may be obligated to carry out Retired Pay Reform, as authorized by part 1 of subtitle D of title VI of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92, as amended), and the matter under such heading in division F of the Consolidated Appropriations Act, 2017 (Public Law 115–31; 131 Stat. 409) shall be applied during the period covered by this Act by inserting ‘payment of continuation pay under section 356 of title 37, United States Code,’ after ‘payment for career status bonuses,’.

Sec. 144. In addition to amounts provided by section 101, amounts are provided for ‘Department of Health and Human Services—Indian Health Service—Indian Health Services’ at a rate for operations of $11,761,000 and amounts are provided for ‘Department of Health and Human Services—Indian Health Service—Indian Health Facilities’ at a rate for operations of $1,104,000, for an additional amount for costs of staffing and operating newly constructed facilities; and such amounts may be apportioned up to the rate for operations necessary to staff and operate newly constructed facilities. [BCR Note: Section 160, supra, amends this section by “striking ‘$11,761,000’ and inserting ‘$22,247,000’, and (2) striking ‘$1,104,000’ and inserting ‘$1,987,000’.]

 Sec. 145. Amounts made available by section 101 for ‘Department of Health and Human Services—Administration for Children and Families—Refugee and Entrant Assistance’ may be apportioned up to the rate for operations necessary to maintain program operations for carrying out section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 (8 U.S.C. 1232) and section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) at the level provided in fiscal year 2017.

Sec. 146. Notwithstanding section 101, amounts are provided for the purposes described in the third paragraph under the heading ‘Department of Health and Human Services—Office of the Secretary—Public Health and Social Services Emergency Fund’ at a rate for operations of $112,000,000; and such amounts may be apportioned up to the rate for operations necessary to prepare for or respond to an influenza pandemic.

Sec. 147. Notwithstanding section 251(a)(1) of the Balanced Budget and Emergency Deficit Control Act of 1985 and the timetable in section 254(a) of such Act, the final sequestration report for fiscal year 2018 pursuant to section 254(f)(1) of such Act and any order for fiscal year 2018 pursuant to section 254(f)(5) of such Act shall be issued, for the Congressional Budget Office, 10 days after the date specified in section 106(3), and for the Office of Management and Budget, 15 days after the date specified in section 106(3).”.

[§§ 148 to 155 added by Pub. L. 115-120]

Sec. 148. Funds appropriated by the Department of Defense Missile Defeat and Defense Enhancements Appropriations Act, 2018 (division B of Public Law 115–96) may be obligated and expended notwithstanding section 504(a)(1) of the National Security Act of 1947 (50 U.S.C. 3094(a)(1)).

Sec. 149. Amounts made available by section 101 for ‘Department of Agriculture—Food and Nutrition Service—Child Nutrition Programs’ to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80) may be apportioned up to the rate for operations necessary to ensure that the program can be fully operational by May 2018.

Sec. 150. Amounts made available by section 101 for ‘National Aeronautics and Space Administration—Exploration’ may be apportioned up to the rate for operations necessary to maintain the planned launch capability schedules for the Space Launch System launch vehicle, Exploration Ground Systems, and Orion Multi-Purpose Crew Vehicle programs.
Sec. 151. Amounts made available by section 101 for ‘Department of Energy—Energy Programs—Office of the Inspector General’ may be apportioned up to the rate for operations necessary to sustain staffing levels achieved on June 30, 2017.
Sec. 152. Amounts made available by section 101 for ‘Small Business Administration—Business Loans Program Account’ may be apportioned up to the rate for operations necessary to accommodate increased demand for commitments for general business loans authorized under section 7(a) of the Small Business Act (15 U.S.C. 636(a)).

Sec. 153. For 2018, the Secretary of Housing and Urban Development may make temporary adjustments to the Section 8 housing choice voucher annual renewal funding allocations and administrative fee eligibility determinations for public housing agencies in an area for which the President declared a disaster in 2017 or 2018 under title IV of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170 et seq.), to avoid significant adverse funding impacts that would otherwise result from the disaster and that would otherwise prevent a public housing agency from leasing up to its authorized level of units under contract (but not to exceed such level), upon request by and in consultation with a public housing agency and supported by documentation as required by the Secretary that demonstrates the need for the adjustment.

Sec. 154. (a) Employees furloughed as a result of any lapse in appropriations which begins on or about January 20, 2018, shall be compensated at their standard rate of compensation, for the period of such lapse in appropriations, as soon as practicable after such lapse in appropriations ends.

(b) For purposes of this section, ‘employee’ means:

(1) a federal employee;

(2) an employee of the District of Columbia Courts;

(3) an employee of the Public Defender Service for the District of Columbia; or

(4) a District of Columbia Government employee.

(c) All obligations incurred in anticipation of the appropriations made and authority granted by this division for the purposes of maintaining the essential level of activity to protect life and property and bringing about orderly termination of Government functions, and for purposes as otherwise authorized by law, are hereby ratified and approved if otherwise in accord with the provisions of this division.

Sec. 155. (a) If a State (or another Federal grantee) used State funds (or the grantee’s non-Federal funds) to continue carrying out a Federal program or furloughed State employees (or the grantee’s employees) whose compensation is advanced or reimbursed in whole or in part by the Federal Government—

(1) such furloughed employees shall be compensated at their standard rate of compensation for such period;

(2) the State (or such other grantee) shall be reimbursed for expenses that would have been paid by the Federal Government during such period had appropriations been available, including the cost of compensating such furloughed employees, together with interest thereon calculated under section 6503(d) of title 31, United States Code; and

(3) the State (or such other grantee) may use funds available to the State (or the grantee) under such Federal program to reimburse such State (or the grantee), together with interest thereon calculated under section 6503(d) of title 31, United States Code.

(b) For purposes of this section, the term ‘State’ and the term ‘grantee’ shall have the meaning as such term is defined under the applicable Federal program under subsection (a). In addition, ‘to continue carrying out a Federal program’ means the continued performance by a State or other Federal grantee, during the period of a lapse in appropriations, of a Federal program that the State or such other grantee had been carrying out prior to the period of the lapse in appropriations.

(c) The authority under this section applies with respect to any period in fiscal year 2018 (not limited to periods beginning or ending after the date of the enactment of this division) during which there occurs a lapse in appropriations with respect to any department or agency of the Federal Government which, but for such lapse in appropriations, would have paid, or made reimbursement relating to, any of the expenses referred to in this section with respect to the program involved. Payments and reimbursements under this authority shall be made only to the extent and in amounts provided in advance in appropriations Acts.

[§§ 156 TO 165 ADDED by Pub. L. 115-123]

Sec. 156. In addition to amounts provided by section 101, amounts are provided for ‘Department of Commerce—Bureau of the Census—Periodic Census and Programs’ at a rate for operations of $182,000,000 for an additional amount for the 2020 Decennial Census Program; and such amounts may be apportioned up to the rate for operations necessary to maintain the schedule and deliver the required data according to statutory deadlines in the 2020 Decennial Census Program.

Sec. 157. Notwithstanding section 101, the matter preceding the first proviso and the first proviso under the heading ‘Power Marketing Administrations—Operation and Maintenance, Southeastern Power Administration’ in division D of Public Law 115–31 shall be applied by substituting ‘$6,379,000’ for ‘$1,000,000’ each place it appears.

Sec. 158. As authorized by section 404 of the Bipartisan Budget Act of 2015 (Public Law 114–74; 42 U.S.C. 6239 note), the Secretary of Energy shall draw down and sell not to exceed $350,000,000 of crude oil from the Strategic Petroleum Reserve in fiscal year 2018: Provided, That the proceeds from such drawdown and sale shall be deposited into the ‘Energy Security and Infrastructure Modernization Fund’ (in this section referred to as the ‘Fund’) during fiscal year 2018: Provided further, That in addition to amounts otherwise made available by section 101, any amounts deposited in the Fund shall be made available and shall remain available until expended at a rate for operations of $350,000,000, for necessary expenses in carrying out the Life Extension II project for the Strategic Petroleum Reserve.

[H.R. 1625 (115th Congress), enacted as Pub. L. 115-141, Consolidated Appropriations Act, 2018, included the language: “Provided further, That section 158 of the Continuing Appropriations Act, 2018 (division D of Public Law 115–56), as amended by the Further Extension of Continuing Appropriations Act, 2018 (subdivision 3 of division B of Public Law 115–123), shall no longer apply.” This was set forth under the heading ” STRATEGIC  PETROLEUM  RESERVE” on p. 173.]

Sec.159. Amounts made available by section 101 for ‘The Judiciary—Courts of Appeals, District Courts, and Other Judicial Services—Fees of Jurors and Commissioners’ may be apportioned up to the rate for operations necessary to accommodate increased juror usage.

Sec. 160. Section 144 of the Continuing Appropriations Act, 2018 (division D of Public Law 115–56), as amended by the Further Additional Continuing Appropriations Act, 2018 (division A of Public Law 115–96), is amended by (1) striking ‘$11,761,000’ and inserting ‘$22,247,000’, and (2) striking ‘$1,104,000’ and inserting ‘$1,987,000’.

Sec. 161. Section 458(a)(4) of the Higher Education Act of 1965 (20 U.S.C. 1087h(a)(4)) shall be applied by substituting ‘2018’ for ‘2017’.

Sec. 162. For the purpose of carrying out section 435(a)(2) of the Higher Education Act of 1965 (HEA) (20 U.S.C. 1085(a)(2)), during the period covered by this Act the Secretary of Education may waive the requirement under section 435(a)(5)(A)(ii) of the HEA (20 U.S.C. 1085(a)(5)(A)(ii)) for an institution of higher education that offers an associate degree, is a public institution, and is located in an economically distressed county, defined as a county that ranks in the lowest 5 percent of all counties in the United States based on a national index of county economic status: Provided, That this section shall apply to an institution of higher education that otherwise would be ineligible to participate in a program under part A of title IV of the HEA on or after the date of enactment of this Act due to the application of section 435(a)(2) of the HEA.

Sec. 163. Notwithstanding any other provision of law, funds made available by this Act for military construction, land acquisition, and family housing projects and activities may be obligated and expended to carry out planning and design and military construction projects authorized by law: Provided, That funds and authority provided by this section may be used notwithstanding sections 102 and 104: Provided further, That such funds may be used only for projects identified by the Department of the Air Force in its January 29, 2018, letter sent to the Committees on Appropriations of both Houses of Congress detailing urgently needed fiscal year 2018 construction requirements.

Sec.164. (a) Section 116(h)(3)(D) of title 49, United States Code, is amended—

“(1) in clause (i), by striking ‘During the 2-year period beginning on the date of enactment of this section, the’; inserting ‘The’; and inserting the following after the first sentence: ‘Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.’; and

“(2) in clause (ii) by striking ‘During the 2-year period beginning on the date of enactment of this section, the’; inserting ‘The’; and inserting the following after the first sentence: ‘Any such funds or limitation of obligations or portions thereof transferred to the Bureau may be transferred back to and merged with the original account.’.

“(b) Section 503(l)(4) of the Railroad Revitalization and Regulatory Reform Act of 1976 (45 U.S.C. 823(l)(4)) is amended—

“(1) in the heading by striking ‘Safety and operations account’ and inserting ‘National Surface Transportation and Innovative Finance Bureau account’; and

“(2) in subparagraph (A) by striking ‘Safety and Operations account of the Federal Railroad Administration’ and inserting ‘National Surface Transportation and Innovative Finance Bureau account’.

Sec. 165. Section 24(o) of the United States Housing Act of 1937 (42 U.S.C. 1437v) shall be applied by substituting the date specified in section 106(3) for ‘September 30, 2017’.”.

This subdivision may be cited as the “Further Extension of Continuing Appropriations Act, 2018”.

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Bipartisan Budget Act of 2018

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Division C
Bipartisan Budget Act 2018

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 [BCR § 296c]