[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 99 Introduced in House (IH)]

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114th CONGRESS
  2d Session
H. J. RES. 99

 Making continuing appropriations for fiscal year 2017, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 28, 2016

Mr. King of Iowa (for himself, Mr. Gohmert, Mr. Yoho, Mr. LaMalfa, Mr. 
    Jody B. Hice of Georgia, Mr. Harris, Mr. Brooks of Alabama, Mr. 
   Huelskamp, Mr. Babin, Mr. Gosar, and Mr. Pittenger) submitted the 
  following joint resolution; which was 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

_______________________________________________________________________

                            JOINT RESOLUTION


 
 Making continuing appropriations for fiscal year 2017, and for other 
                               purposes.

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, That 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 2017, 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 2016 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 title, that were conducted in fiscal year 2016, 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, 2016 
        (division A of Public Law 114-113).
            (2) The Commerce, Justice, Science, and Related Agencies 
        Appropriations Act, 2016 (division B of Public Law 114-113).
            (3) The Department of Defense Appropriations Act, 2016 
        (division C of Public Law 114-113).
            (4) The Energy and Water Development and Related Agencies 
        Appropriations Act, 2016 (division D of Public Law 114-113).
            (5) The Financial Services and General Government 
        Appropriations Act, 2016 (division E of Public Law 114-113).
            (6) The Department of Homeland Security Appropriations Act, 
        2016 (division F of Public Law 114-113).
            (7) The Department of the Interior, Environment, and 
        Related Agencies Appropriations Act, 2016 (division G of Public 
        Law 114-113).
            (8) The Departments of Labor, Health and Human Services, 
        and Education, and Related Agencies Appropriations Act, 2016 
        (division H of Public Law 114-113).
            (9) The Legislative Branch Appropriations Act, 2016 
        (division I of Public Law 114-113).
            (10) The Military Construction and Veterans Affairs, and 
        Related Agencies Appropriations Act, 2016 (division J of Public 
        Law 114-113).
            (11) The Department of State, Foreign Operations, and 
        Related Programs Appropriations Act, 2016 (division K of Public 
        Law 114-113), except title IX.
            (12) The Transportation, Housing and Urban Development, and 
        Related Agencies Appropriations Act, 2016 (division L of Public 
        Law 114-113).
    (b)(1) The rate for operations provided by subsection (a) in the 
revised security category (as defined in section 250(c)(4)(D) of the 
Balanced Budget and Emergency Deficit Control Act of 1985) is hereby 
increased by the percentage necessary to achieve a rate for operations 
in such category of $536,000,000,000.
    (2) The rate for operations provided by subsection (a) in the 
revised nonsecurity category (as defined in section 250(c)(4)(E) of 
such Act) is hereby reduced by the percentage necessary to achieve a 
rate for operations in such category of $504,000,000,000.
    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 2016 or prior years; (2) the increase in production rates 
above those sustained with fiscal year 2016 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 2016.
    (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 2016.
    Sec. 105.  Appropriations made and authority granted pursuant to 
this title 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 title.
    Sec. 106.  Unless otherwise provided for in this title or in the 
applicable appropriations Act for fiscal year 2017, appropriations and 
funds made available and authority granted pursuant to this title 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 title; (2) the enactment into law of the 
applicable appropriations Act for fiscal year 2017 without any 
provision for such project or activity; or (3) February 28, 2017.
    Sec. 107.  Expenditures made pursuant to this title 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 title 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 title may be construed to waive any other provision of law 
governing the apportionment of funds.
    Sec. 109.  Notwithstanding any other provision of this title, 
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 2017 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 title 
that would impinge on final funding prerogatives.
    Sec. 110.  This title shall be implemented so that only the most 
limited funding action of that permitted in the title shall be taken in 
order to provide for continuation of projects and activities.
    Sec. 111.  None of the funds made available by this joint 
resolution under the heading ``Department of Justice--Office of Justice 
Programs--State and Local Law Enforcement Assistance'' may be used in 
contravention of section 642(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1373(a)).
    Sec. 112. (a) None of the funds made available by this joint 
resolution or any other Act, including any deposits into the 
``Immigration Examinations Fee Account'' established under section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), to 
the Secretary of Homeland Security, or to any other official of a 
Federal agency, may be used to implement, administer, enforce, or carry 
out (including through the issuance of any regulations) any of the 
policy changes set forth in the following memoranda (or any 
substantially similar policy changes issued or taken on or after 
December 16, 2015, whether set forth in memorandum, Executive order, 
regulation, directive, or by other action):
            (1) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Civil Immigration 
        Enforcement: Priorities for the Apprehension, Detention, and 
        Removal of Aliens'' dated March 2, 2011.
            (2) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Exercising Prosecutorial 
        Discretion Consistent with the Civil Immigration Enforcement 
        Priorities of the Agency for the Apprehension, Detention, and 
        Removal of Aliens'' dated June 17, 2011.
            (3) The memorandum from the Principal Legal Advisor of U.S. 
        Immigration and Customs Enforcement entitled ``Case-by-Case 
        Review of Incoming and Certain Pending Cases'' dated June 17, 
        2011.
            (4) The memorandum from the Secretary of Homeland Security 
        entitled ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children'' dated 
        June 15, 2012.
            (5) The memorandum from the Director of U.S. Immigration 
        and Customs Enforcement entitled ``Civil Immigration 
        Enforcement: Guidance on the Use of Detainers in the Federal, 
        State, Local, and Tribal Criminal Justice Systems'' dated 
        December 21, 2012.
            (6) The memorandum from the Secretary of Homeland Security 
        entitled ``Southern Border and Approaches Campaign'' dated 
        November 20, 2014.
            (7) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies for the Apprehension, Detention and Removal 
        of Undocumented Immigrants'' dated November 20, 2014.
            (8) The memorandum from the Secretary of Homeland Security 
        entitled ``Secure Communities'' dated November 20, 2014.
            (9) The memorandum from the Secretary of Homeland Security 
        entitled ``Exercising Prosecutorial Discretion with Respect to 
        Individuals Who Came to the United States as Children and with 
        Respect to Certain Individuals Who Are the Parents of U.S. 
        Citizens or Permanent Residents'' dated November 20, 2014.
            (10) The memorandum from the Secretary of Homeland Security 
        entitled ``Expansion of the Provisional Waiver Program'' dated 
        November 20, 2014.
            (11) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies Supporting U.S. High-Skilled Businesses and 
        Workers'' dated November 20, 2014.
            (12) The memorandum from the Secretary of Homeland Security 
        entitled ``Families of U.S. Armed Forces Members and 
        Enlistees'' dated November 20, 2014.
            (13) The memorandum from the Secretary of Homeland Security 
        entitled ``Directive to Provide Consistency Regarding Advance 
        Parole'' dated November 20, 2014.
            (14) The memorandum from the Secretary of Homeland Security 
        entitled ``Policies to Promote and Increase Access to U.S. 
        Citizenship'' dated November 20, 2014.
            (15) The memorandum from the President entitled 
        ``Modernizing and Streamlining the U.S. Immigrant Visa System 
        for the 21st Century'' dated November 21, 2014.
            (16) The memorandum from the President entitled ``Creating 
        Welcoming Communities and Fully Integrating Immigrants and 
        Refugees'' dated November 21, 2014.
    (b) The memoranda referred to in subsection (a) (or any 
substantially similar policy changes issued or taken on or after 
December 16, 2015, whether set forth in memorandum, Executive order, 
regulation, directive, or by other action) have no statutory or 
constitutional basis and therefore have no legal effect.
    (c) No funds or fees made available to the Secretary of Homeland 
Security, or to any other official of a Federal agency, by this joint 
resolution or any other Act, including any deposits into the 
``Immigration Examinations Fee Account'' established under section 
286(m) of the Immigration and Nationality Act (8 U.S.C. 1356(m)), may 
be used to grant any Federal benefit to any alien pursuant to any of 
the policy changes set forth in the memoranda referred to in subsection 
(a) (or any substantially similar policy changes issued or taken on or 
after December 16, 2015, whether set forth in memorandum, Executive 
order, regulation, directive, or by other action).
    (d) The budgetary effects of this section shall not be entered on 
either PAYGO scorecard maintained pursuant to section 4(d) of the 
Statutory Pay-As-You-Go Act of 2010.
    (e) Notwithstanding Rule 3 of the Budget Scorekeeping Guidelines 
set forth in the joint explanatory statement of the committee of 
conference accompanying Conference Report 105-217 and section 250(c)(8) 
of the Balanced Budget and Emergency Deficit Control Act of 1985, the 
budgetary effects of this section shall not be estimated--
            (1) for purposes of section 251 of the such Act; and
            (2) for purposes of paragraph (4)(C) of section 3 of the 
        Statutory Pay-As-You-Go Act of 2010 as being included in an 
        appropriation Act.
    Sec. 113.  None of the funds made available by this joint 
resolution may be used to carry out the provisions of the Patient 
Protection and Affordable Care Act (Public Law 111-148) or title I or 
subtitle B of title II of the Health Care and Education Reconciliation 
Act of 2010 (Public Law 111-152), or any amendment made by the Patient 
Protection and Affordable Care Act or by such title I or subtitle B of 
title II of the Health Care and Education Reconciliation Act of 2010.
    Sec. 114.  None of the funds made available by this joint 
resolution may be--
            (1) used to provide a Federal public benefit (as such term 
        is defined in section 401(c) of the Personal Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611(c))) 
        to an alien admitted as a refugee under section 207 of the 
        Immigration and Nationality Act (8 U.S.C. 1157); or
            (2) made available to the Office of Refugee Resettlement or 
        to the United Nations High Commissioner for Refugees.
    Sec. 115.  None of the funds made available by this joint 
resolution may be used to implement, administer, or enforce the letter 
entitled ``Dear Colleague Letter on Transgender Students'', dated May 
13, 2016, issued jointly by the Department of Justice and the 
Department of Education, relating to title IX of the Education 
Amendments of 1972 (20 U.S.C. 1681 et seq.).
    Sec. 116.  None of the funds made available by this joint 
resolution may be used to implement, administer, or enforce the rule 
submitted by the Department of Labor relating to defining and 
delimiting the exemptions regarding the rates of pay for executive, 
administrative, professional, outside sales, and computer employees (81 
Fed. Reg. 32552 (May 23, 2016)).
    Sec. 117.  None of the funds made available by this joint 
resolution may be used to develop, adopt, implement, administer, or 
enforce any change to the regulations and guidance in effect on October 
1, 2012, pertaining to the definition of waters under the jurisdiction 
of the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.), 
including the provisions of the rules dated November 13, 1986, and 
August 25, 1993, relating to said jurisdiction, and the guidance 
documents dated January 15, 2003, and December 2, 2008, relating to 
said jurisdiction.
    Sec. 118.  None of the funds made available by this joint 
resolution may be used to implement, administer, or enforce the rule 
submitted by the Department of Labor relating to ``Definition of the 
Term `Fiduciary'; Conflict of Interest Rule--Retirement Investment 
Advice'' (published at 81 Fed. Reg. 20946 (April 8, 2016)).
    Sec. 119.  None of the funds made available by this joint 
resolution may be used to implement, administer, or enforce the rule 
submitted by the Environmental Protection Agency relating to ``Carbon 
Pollution Emission Guidelines for Existing Stationary Sources: Electric 
Utility Generating Units'' (published at 80 Fed. Reg. 64662 (October 
23, 2015)).
    Sec. 120.  None of the funds made available by this joint 
resolution may be made available to Planned Parenthood Federation of 
America, or to any of its affiliates, subsidiaries, successors, or 
clinics.
    Sec. 121.  None of the funds made available by this joint 
resolution may be used to fund the implementation of the Joint 
Comprehensive Plan of Action regarding Iran and submitted to the 
Congress on July 19, 2015, or any side deals to the nuclear agreement 
(including all related materials and annexes) between the International 
Atomic Energy Agency (IAEA) and Iran.
    Sec. 122.  None of the funds made available by this joint 
resolution may be used to enforce, or implement in any fashion, any 
rule or regulation that enforces any aspect of any agreement, including 
the agreements entitled ``Framework on Convention on Climate Change'' 
and ``Draft Decision/CP.21'', reached by the ``COP21'' conference, held 
in Paris, France in December of 2015.
    Sec. 123.  None of the funds made available by this joint 
resolution may be used to enforce the decision of the Supreme Court of 
the United States in Obergefell v. Hodges, 135 S.Ct. 2584; (2015).
    Sec. 124.  During fiscal year 2017, no Federal department or agency 
may implement, administer, or enforce, and no Federal funds may be used 
to implement, administer, or enforce, any provision of the Dodd-Frank 
Wall Street Reform and Consumer Protection Act (Public Law 111-203) or 
any provision contained in an amendment made by such Act.
    Sec. 125.  Subsection (a) of section 539 of division B of Public 
Law 114-113 shall apply to funds made available by such Public Law and 
by this joint resolution notwithstanding subsection (b) of that 
section.
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