Pub. L. 114–254

Further Continuing and Security Assistance Appropriations Act, 2017

Further Continuing and Security Assistance Appropriations Act, 2017 (Pub. L. 114-254)

Summary

H.R. 2028 passed the House on December 8, 2017 and the Senate did the same the next day. It was signed into law on December 10, 2016. The bill was a long-term continuing resolution, but not for a full year. It included only enough spending authority to last through April 28,  2017. That being the case, and a since a further appropriation bill will be required to extend the authority through the end of  fiscal year 2017 (October 1, 2016), it included section 184 which postponed the report that would  otherwise be required under section 254 of the Balanced  Budget and  Emergency Deficit Control Act of 1985. This “Final Sequestration  Report” will  parallel the current law requirement that it be transmitted  by OMB within 15 days of the end  of a session  of Congress (10 days for CBO). 

The  President sent a letter on January 10, 2017  regarding  section 184 of Pub. L. 114-254 in which he stated:

He also made not that the entire Final Sequestration Report would be postponed,  including that related to direct spending (though this would not effect the Sequestration ordered  under the Budget Control Act of 2011, only that related to the Statutory Pay-As-You-Go  Act of 2010:

Legislative Background: The bill’s short title was “Further Continuing and Security Assistance Appropriations Act, 2017” though it used the “Energy and Water Development and Related Agencies Appropriations Act, 2016″ as a vehicle since it had been overtaken by the enactment of the Omnibus Appropriations for Fiscal Year 2016. 

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General Information

Further Continuing and Security Assistance Appropriations Act, 2017  

Summary: Section 184 of this Act postponed the date on which  the Final Sequestration Report is required under section 254 (BBEDCA) from 15 days  within the end of Congressional  Session (January 3, 2017) to within 15 days of April 28, 2017.

Public Law: Pub. L. 114-254, Division A, § 184

Sponsor: Mike Simpson (D-ID)

Enacted: December 10, 2016

Stat. At Large:  TBD

Bill Number: H.R. 2028

Note: The Act postponed the Final Sequestration Report for a possible sequestration if the discretionary spending limits were exceeded, but it also had the effect of postponing the report required to enforce any  debit related  to the Statutory Pay-As-You-Go Act scorecards related to deficit effects of enacted legislation which  generally only effects direct spending and  revenue laws. 

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House Budget Counsel Notes

Further Continuing and Security Assistance Appropriations Act, 2017

“Sec. 184. Notwithstanding any other provision of law, if not later than 10 days after the end of the Second Session of the 114^th Congress, the Office of Management and Budget (‘OMB’) determines that the total of enacted appropriations for fiscal year 2017 subject to the discretionary spending limits in section 251(c)[1] of the Balanced Budget and Emergency Deficit Control Act of 1985, excluding any appropriations that would result in adjustments under section 251(b)(2)[2] of such Act, does not exceed the sum of the unadjusted discretionary spending limits for fiscal year 2017 in section 251(c)(4) of such Act and provides written notification of that determination, then the final sequestration report for fiscal year 2017 under section 254(f)(1)[3] of such Act and any order for fiscal year 2017 under section 254(f)(5)[4] of such Act shall be issued, for the Congressional Budget Office, 10 days after the date specified in section 106(3) of this Act and, for OMB, 15 days after the date specified in section 106(3) of this Act: Provided, That the written notification required by this section shall include the total dollar amount and estimated uniform percentage that would be required to eliminate a breach within a category if OMB were to issue such final sequestration report and order pursuant to the timetable in section 254(a)[5] of such Act.

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Amending  Previous Continuing Resolution (Pub. L. 114-223) (CR#1)

 Sec. 101.  The Continuing Appropriations Act, 2017 (division C of Public Law 114-223) is amended by—

(1) striking the date specified in section 106(3) and inserting “April 28, 2017”;

Text from previous Continuing Resolution as amended by Pub. L. 114-254 (CR#2)

Sec. 106. Unless otherwise provided for in this Act or in the applicable appropriations Act for fiscal year 2017, 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 2017 without any provision for such project or activity; or (3) December 9, 2016 April 28, 2017.

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House budget Counsel Notes

[1]. Section 251(c) is where the annual discretionary spending limits are placed – through fiscal year 2021.

[2]. Section 251(b)(2) is “Sequestration reports” which include (A) Emergency/GWOT, (B) Continuing Disability Reviews, (C) Health Care Fraud, (D) Disaster.

[3]. Section 254(f)(1) requires OMB and CBO to issue “final sequestration” pursuant to timetable of dates set out in section 254(a).

[4]. Section 254(f)(5) is where the “Presidential Order” is set out and requires the spending reductions to be made.

[5]. Section 254(a) sets out the timetable of sequestration report dates: Final sequestration report is due after date of end of  session: CBO is 10 days; OMB 15 days. The adjournment date was January 3, 2017. This section postpones that date.