[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 601 Enrolled Bill (ENR)]
H.R.601
One Hundred Fifteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen
An Act
Making continuing appropriations for the fiscal year ending September
30, 2018, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Continuing Appropriations Act, 2018
and Supplemental Appropriations for Disaster Relief Requirements Act,
2017''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
DIVISION A--REINFORCING EDUCATION ACCOUNTABILITY IN DEVELOPMENT ACT
DIVISION B--SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF REQUIREMENTS
ACT, 2017
DIVISION C--TEMPORARY EXTENSION OF PUBLIC DEBT RELIEF
DIVISION D--CONTINUING APPROPRIATIONS ACT, 2018
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ``this
Act'' contained in any division of this Act shall be treated as
referring only to the provisions of that division.
DIVISION A--REINFORCING EDUCATION ACCOUNTABILITY IN DEVELOPMENT ACT
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Reinforcing
Education Accountability in Development Act'' or the ``READ Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Assistance to promote sustainable, quality basic education.
Sec. 4. Comprehensive integrated United States strategy to promote basic
education.
Sec. 5. Improving coordination and oversight.
Sec. 6. Monitoring and evaluation of programs.
Sec. 7. Transparency and reporting to Congress.
SEC. 2. DEFINITIONS.
(a) Appropriate Congressional Committees.--In this Act, the term
``appropriate congressional committees'' means--
(1) the Committee on Appropriations of the Senate;
(2) the Committee on Foreign Relations of the Senate;
(3) the Committee on Appropriations of the House of
Representatives; and
(4) the Committee on Foreign Affairs of the House of
Representatives.
(b) Other Definitions.--In this Act, the terms ``basic education'',
``marginalized children and vulnerable groups'', ``national education
plan'', ``partner country'', and ``relevant Executive branch agencies
and officials'' have the meanings given such terms in section 105(c) of
the Foreign Assistance Act of 1961, as added by section 3.
SEC. 3. ASSISTANCE TO PROMOTE SUSTAINABLE, QUALITY BASIC EDUCATION.
Section 105 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151c)
is amended by adding at the end the following:
``(c) Assistance To Promote Sustainable, Quality Basic Education.--
``(1) Definitions.--In this subsection:
``(A) Basic education.--The term `basic education'
includes--
``(i) measurable improvements in literacy, numeracy,
and other basic skills development that prepare an
individual to be an active, productive member of society
and the workforce;
``(ii) workforce development, vocational training, and
digital literacy informed by real market needs and
opportunities and that results in measurable improvements
in employment;
``(iii) programs and activities designed to
demonstrably improve--
``(I) early childhood, preprimary education,
primary education, and secondary education, which can
be delivered in formal or nonformal education settings;
and
``(II) learning for out-of-school youth and adults;
and
``(iv) capacity building for teachers, administrators,
counselors, and youth workers that results in measurable
improvements in student literacy, numeracy, or employment.
``(B) Communities of learning.--The term `communities of
learning' means a holistic approach to education and community
engagement in which schools act as the primary resource center
for delivery of a service to the community at large, leveraging
and maximizing the impact of other development efforts and
reducing duplication and waste.
``(C) Gender parity in basic education.--The term `gender
parity in basic education' means that girls and boys have equal
access to quality basic education.
``(D) Marginalized children and vulnerable groups.--The
term `marginalized children and vulnerable groups' includes
girls, children affected by or emerging from armed conflict or
humanitarian crises, children with disabilities, children in
remote or rural areas (including those who lack access to safe
water and sanitation), religious or ethnic minorities,
indigenous peoples, orphans and children affected by HIV/AIDS,
child laborers, married adolescents, and victims of
trafficking.
``(E) National education plan.--The term `national
education plan' means a comprehensive national education plan
developed by partner country governments in consultation with
other stakeholders as a means for wide-scale improvement of the
country's education system, including explicit, credible
strategies informed by effective practices and standards to
achieve quality universal basic education.
``(F) Nonformal education.--The term `nonformal education'
means organized educational activities outside the established
formal system, whether operating separately or as an important
feature of a broader activity, that are intended to provide
students with measurable improvements in literacy, numeracy,
and other basic skills development that prepare an individual
to be an active, productive member of society and the
workforce.
``(G) Partner country.--The term `partner country' means a
developing country that participates in or benefits from basic
education programs under this subsection pursuant to the
prioritization criteria described in paragraph (4), including
level of need, opportunity for impact, and the availability of
resources.
``(H) Relevant executive branch agencies and officials.--
The term `relevant Executive branch agencies and officials'
means the Department of State, the United States Agency for
International Development, the Department of the Treasury, the
Department of Labor, the Department of Education, the
Department of Agriculture, and the Department of Defense, the
Chief Executive Officer of the Millennium Challenge
Corporation, the National Security Advisor, and the Director of
the Peace Corps.
``(I) Sustainability.--The term `sustainability' means,
with respect to any basic education program that receives
funding pursuant to this section, the ability of a service
delivery system, community, partner, or beneficiary to
maintain, over time, such basic education program without the
use of foreign assistance.
``(2) Policy.--In carrying out this section, it shall be the
policy of the United States to work with partner countries, as
appropriate, other donors, multilateral institutions, the private
sector, and nongovernmental and civil society organizations,
including faith-based organizations and organizations that
represent teachers, students, and parents, to promote sustainable,
quality basic education through programs and activities that--
``(A) take into consideration and help respond to the
needs, capacities, and commitment of developing countries to
achieve measurable improvements in literacy, numeracy, and
other basic skills development that prepare an individual to be
an active, productive member of society and the workforce;
``(B) strengthen educational systems, promote communities
of learning, as appropriate, expand access to safe learning
environments, including by breaking down specific barriers to
basic education for women and girls, ensure continuity of
education, including in conflict settings, measurably improve
teacher skills and learning outcomes, and support the
engagement of parents in the education of their children to
help partner countries ensure that all children, including
marginalized children and other vulnerable groups, have access
to and benefit from quality basic education;
``(C) promote education as a foundation for sustained
economic growth and development within a comprehensive
assistance strategy that places partner countries on a
trajectory toward graduation from assistance provided under
this section with clearly defined benchmarks of success that
are used as requirements for related procurement vehicles, such
as grants, contracts, and cooperative agreements;
``(D) monitor and evaluate the effectiveness and quality of
basic education programs in partner countries; and
``(E) promote United States values, especially respect for
all persons and freedoms of religion, speech, and the press.
``(3) Principles.--In carrying out the policy referred to in
paragraph (2), the United States shall be guided by the following
principles of aid effectiveness:
``(A) Alignment.--Assistance provided under this section to
support programs and activities under this subsection shall be
aligned with and advance United States foreign policy and
economic interests.
``(B) Country ownership.--To the greatest extent
practicable, assistance provided under this section to support
programs and activities under this subsection should be aligned
with and support the national education plans and country
development strategies of partner countries, including
activities that are appropriate for and meet the needs of local
and indigenous cultures.
``(C) Coordination.--
``(i) In general.--Assistance provided under this
section to support programs and activities under this
subsection should be coordinated with and leverage the
unique capabilities and resources of local and national
governments in partner countries, other donors,
multilateral institutions, the private sector, and
nongovernmental and civil society organizations, including
faith-based organizations and organizations that represent
teachers, students, and parents.
``(ii) Multilateral programs and initiatives.--
Assistance provided under this section to support programs
and activities under this subsection should be coordinated
with and support proven multilateral education programs and
financing mechanisms, which may include the Global
Partnership for Education, that demonstrate commitment to
efficiency, effectiveness, transparency, and
accountability.
``(D) Efficiency.--The President shall seek to improve the
efficiency and effectiveness of assistance provided under this
section to support programs and activities under this
subsection by coordinating the related efforts of relevant
Executive branch agencies and officials.
``(E) Effectiveness.--Programs and activities supported
under this subsection--
``(i) shall be consistent with the policies and
principles set forth in this subsection;
``(ii) shall be designed to achieve specific,
measurable goals and objectives that are directly related
to the provision of basic education (as defined in this
section); and
``(iii) shall include appropriate targets, metrics, and
indicators that--
``(I) move a country along the path to graduation
from assistance provided under this subsection; and
``(II) can be applied with reasonable consistency
across such programs and activities to measure progress
and outcomes.
``(F) Transparency and accountability.--Programs and
activities supported under this subsection shall be subject to
rigorous monitoring and evaluation, which may include impact
evaluations, the results of which shall be made publically
available in a fully searchable, electronic format.
``(4) Priority and other requirements.--The President shall
ensure that assistance provided under this section to support
programs and activities under this subsection is aligned with the
foreign policy and economic interests of the United States and,
subject to such alignment, priority is given to developing
countries in which--
``(A) there is the greatest need and opportunity to expand
access to basic education and to improve learning outcomes,
including for marginalized and vulnerable groups, particularly
women and girls to ensure gender parity in basic education, or
populations affected by conflict or crisis;
``(B) such assistance can produce a substantial, measurable
impact on children and educational systems; and
``(C) there is the greatest opportunity to reduce childhood
and adolescence exposure to or engagement in violent extremism
or extremist ideologies.''.
SEC. 4. COMPREHENSIVE INTEGRATED UNITED STATES STRATEGY TO PROMOTE
BASIC EDUCATION.
(a) Strategy Required.--Not later than one year after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a comprehensive United States
strategy to be carried out during the following five fiscal years to
promote quality basic education in partner countries by--
(1) seeking to equitably expand access to basic education for
all children, particularly marginalized children and vulnerable
groups; and
(2) measurably improving the quality of basic education and
learning outcomes.
(b) Requirement To Consult.--In developing the strategy required
under subsection (a), the President shall consult with--
(1) the appropriate congressional committees;
(2) relevant Executive branch agencies and officials;
(3) partner country governments; and
(4) local and international nongovernmental organizations,
including faith-based organizations and organizations representing
students, teachers, and parents, and other development partners
engaged in basic education assistance programs in developing
countries.
(c) Public Comment.--The President shall provide an opportunity for
public comment on the strategy required under subsection (a).
(d) Elements.--The strategy required under subsection (a)--
(1) shall be developed and implemented consistent with the
principles set forth in section 105(c) of the Foreign Assistance
Act of 1961, as added by section 3; and
(2) shall seek--
(A) to prioritize assistance provided under this subsection
to countries that are partners of the United States and whose
populations are most in need of improved basic education, as
determined by indicators such as literacy and numeracy rates;
(B) to build the capacity of relevant actors in partner
countries, including in government and in civil society, to
develop and implement national education plans that measurably
improve basic education;
(C) to identify and replicate successful interventions that
improve access to and quality of basic education in conflict
settings and in partner countries;
(D) to project general levels of resources needed to
achieve stated program objectives;
(E) to develop means to track implementation in partner
countries and ensure that such countries are expending
appropriate domestic resources and instituting any relevant
legal, regulatory, or institutional reforms needed to achieve
stated program objectives;
(F) to leverage United States capabilities, including
through technical assistance, training, and research; and
(G) to improve coordination and reduce duplication among
relevant Executive branch agencies and officials, other donors,
multilateral institutions, nongovernmental organizations, and
governments in partner countries.
SEC. 5. IMPROVING COORDINATION AND OVERSIGHT.
(a) Senior Coordinator of United States International Basic
Education Assistance.--There is established within the United States
Agency for International Development a Senior Coordinator of United
States International Basic Education Assistance (referred to in this
section as the ``Senior Coordinator''). The Senior Coordinator shall be
appointed by the President, shall be a current USAID employee serving
in a career or noncareer position in the Senior Executive Service or at
the level of a Deputy Assistant Administrator or higher, and shall
serve concurrently as the Senior Coordinator.
(b) Duties.--
(1) In general.--The Senior Coordinator shall have primary
responsibility for the oversight and coordination of all resources
and activities of the United States Government relating to the
promotion of international basic education programs and activities.
(2) Specific duties.--The Senior Coordinator shall--
(A) facilitate program and policy coordination of
international basic education programs and activities among
relevant Executive branch agencies and officials, partner
governments, multilateral institutions, the private sector, and
nongovernmental and civil society organizations;
(B) develop and revise the strategy required under section
4;
(C) monitor, evaluate, and report on activities undertaken
pursuant to the strategy required under section 4; and
(D) establish due diligence criteria for all recipients of
funds provided by the United States to carry out activities
under this Act and the amendments made by this Act.
(c) Offset.--In order to eliminate duplication of effort and
activities and to offset any costs incurred by the United States Agency
for International Development in appointing the Senior Coordinator
under subsection (a), the President shall, after consulting with
appropriate congressional committees, eliminate a position within the
United States Agency for International Development (unless otherwise
authorized or required by law) that the President determines to be
necessary to fully offset such costs and eliminate duplication.
SEC. 6. MONITORING AND EVALUATION OF PROGRAMS.
The President shall seek to ensure that programs carried out under
the strategy required under section 4 shall--
(1) apply rigorous monitoring and evaluation methodologies to
determine if programs and activities provided under this subsection
accomplish measurable improvements in literacy, numeracy, or other
basic skills development that prepare an individual to be an
active, productive member of society and the workforce;
(2) include methodological guidance in the implementation plan
and support systemic data collection using internationally
comparable indicators, norms, and methodologies, to the extent
practicable and appropriate;
(3) disaggregate all data collected and reported by age,
gender, marital status, disability, and location, to the extent
practicable and appropriate;
(4) include funding for both short- and long-term monitoring
and evaluation to enable assessment of the sustainability and
scalability of assistance programs; and
(5) support the increased use and public availability of
education data for improved decision making, program effectiveness,
and monitoring of global progress.
SEC. 7. TRANSPARENCY AND REPORTING TO CONGRESS.
(a) Annual Report on the Implementation of Strategy.--Not later
than 180 days after the end of each fiscal year during which the
strategy developed pursuant to section 4(a) is carried out, the
President shall--
(1) submit a report to the appropriate congressional committees
that describes the implementation of such strategy; and
(2) make the report described in paragraph (1) available to the
public.
(b) Matters To Be Included.--The report required under subsection
(a) shall include--
(1) a description of the efforts made by relevant Executive
branch agencies and officials to implement the strategy developed
pursuant to section 4, with a particular focus on the activities
carried out under the strategy;
(2) a description of the extent to which each partner country
selected to receive assistance for basic education meets the
priority criteria specified in section 105(c) of the Foreign
Assistance Act, as added by section 3; and
(3) a description of the progress achieved over the reporting
period toward meeting the goals, objectives, benchmarks, and
timeframes specified in the strategy developed pursuant to section
4 at the program level, as developed pursuant to monitoring and
evaluation specified in section 6, with particular emphasis on
whether there are demonstrable student improvements in literacy,
numeracy, or other basic skills development that prepare an
individual to be an active, productive member of society and the
workforce.
DIVISION B--SUPPLEMENTAL APPROPRIATIONS FOR DISASTER RELIEF
REQUIREMENTS
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:
DEPARTMENT OF HOMELAND SECURITY
Federal Emergency Management Agency
disaster relief fund
For an additional amount for ``Disaster Relief Fund'' for major
disasters declared pursuant to the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5121 et seq.), $7,400,000,000,
to remain available until expended: 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: Provided further, That the
amount designated under this heading 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 only if the
President subsequently so designates such amount and transmits such
designation to the Congress.
SMALL BUSINESS ADMINISTRATION
disaster loans program account
(including transfer of funds)
For an additional amount for the ``Disaster Loans Program Account''
for the cost of direct loans authorized by section 7(b) of the Small
Business Act, $450,000,000, to remain available until expended:
Provided, That up to $225,000,000 may be transferred to and merged with
``Salaries and Expenses'' for administrative expenses to carry out the
disaster loan program authorized by section 7(b) of the Small Business
Act: Provided further, That none of the funds provided under this
heading may be used for indirect administrative expenses: Provided
further, That the amount provided under this heading is designated as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985: Provided
further, That the amount designated under this heading 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 only if
the President subsequently so designates such amount and transmits such
designation to the Congress.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Community Planning and Development
community development fund
(including transfers of funds)
For an additional amount for ``Community Development Fund'',
$7,400,000,000, to remain available until expended, for necessary
expenses for activities authorized under title I of the Housing and
Community Development Act of 1974 (42 U.S.C. 5301 et seq.) related to
disaster relief, long-term recovery, restoration of infrastructure and
housing, and economic revitalization in the most impacted and
distressed areas resulting from a major disaster declared in 2017
pursuant to the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.): Provided, That funds shall be
awarded directly to the State or unit of general local government at
the discretion of the Secretary: Provided further, That as a condition
of making any grant, the Secretary shall certify in advance that such
grantee has in place proficient financial controls and procurement
processes and has established adequate procedures to prevent any
duplication of benefits as defined by section 312 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5155),
to ensure timely expenditure of funds, to maintain comprehensive
websites regarding all disaster recovery activities assisted with these
funds, and to detect and prevent waste, fraud, and abuse of funds:
Provided further, That prior to the obligation of funds a grantee shall
submit a plan to the Secretary for approval detailing the proposed use
of all funds, including criteria for eligibility and how the use of
these funds will address long-term recovery and restoration of
infrastructure and housing and economic revitalization in the most
impacted and distressed areas: Provided further, That such funds may
not be used for activities reimbursable by, or for which funds are made
available by, the Federal Emergency Management Agency or the Army Corps
of Engineers: Provided further, That funds allocated under this
heading shall not be considered relevant to the non-disaster formula
allocations made pursuant to section 106 of the Housing and Community
Development Act of 1974 (42 U.S.C. 5306): Provided further, That a
State or subdivision thereof may use up to 5 percent of its allocation
for administrative costs: Provided further, That in administering the
funds under this heading, the Secretary of Housing and Urban
Development may waive, or specify alternative requirements for, any
provision of any statute or regulation that the Secretary administers
in connection with the obligation by the Secretary or the use by the
recipient of these funds (except for requirements related to fair
housing, nondiscrimination, labor standards, and the environment), if
the Secretary finds that good cause exists for the waiver or
alternative requirement and such waiver or alternative requirement
would not be inconsistent with the overall purpose of title I of the
Housing and Community Development Act of 1974: Provided further, That,
notwithstanding the preceding proviso, recipients of funds provided
under this heading that use such funds to supplement Federal assistance
provided under section 402, 403, 404, 406, 407, or 502 of the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.) may adopt, without review or public comment, any environmental
review, approval, or permit performed by a Federal agency, and such
adoption shall satisfy the responsibilities of the recipient with
respect to such environmental review, approval or permit: Provided
further, That, notwithstanding section 104(g)(2) of the Housing and
Community Development Act of 1974 (42 U.S.C. 5304(g)(2)), the Secretary
may, upon receipt of a request for release of funds and certification,
immediately approve the release of funds for an activity or project
assisted under this heading if the recipient has adopted an
environmental review, approval or permit under the preceding proviso or
the activity or project is categorically excluded from review under the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.):
Provided further, That the Secretary shall publish via notice in the
Federal Register any waiver, or alternative requirement, to any statute
or regulation that the Secretary administers pursuant to title I of the
Housing and Community Development Act of 1974 no later than 5 days
before the effective date of such waiver or alternative requirement:
Provided further, That of the amounts made available under this
heading, up to $10,000,000 may be transferred, in aggregate, to
``Department of Housing and Urban Development--Program Office Salaries
and Expenses--Community Planning and Development'' for necessary costs,
including information technology costs, of administering and overseeing
the obligation and expenditure of amounts under this heading: 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: Provided
further, That the amount designated under this heading 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 only if
the President subsequently so designates such amount and transmits such
designation to the Congress.
This division may be cited as the ``Supplemental Appropriations for
Disaster Relief Requirements, 2017''.
DIVISION C--TEMPORARY EXTENSION OF PUBLIC DEBT LIMIT
Sec. 101. (a) In General.--Section 3101(b) of title 31, United
States Code, shall not apply for the period beginning on the date of
enactment of this Act and ending on December 8, 2017.
(b) Special Rule Relating to Obligations Issued During Extension
Period.--Effective on December 9, 2017, the limitation in effect under
section 3101(b) of title 31, United States Code, shall be increased to
the extent that--
(1) the face amount of obligations issued under chapter 31 of
such title and the face amount of obligations whose principal and
interest are guaranteed by the United States Government (except
guaranteed obligations held by the Secretary of the Treasury)
outstanding on December 9, 2017, exceeds
(2) the face amount of such obligations outstanding on the date
of the enactment of this Act.
(c) Restoring Congressional Authority Over the National Debt.--
(1) Extension limited to necessary obligations.--An obligation
shall not be taken into account under section 101(b)(1) unless the
issuance of such obligation was necessary to fund a commitment
incurred pursuant to law by the Federal Government that required
payment before December 9, 2017.
(2) Prohibition on creation of cash reserve during extension
period.--The Secretary of the Treasury shall not issue obligations
during the period specified in section 101(a) for the purpose of
increasing the cash balance above normal operating balances in
anticipation of the expiration of such period.
DIVISION D--CONTINUING APPROPRIATIONS ACT, 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.
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''.
This division may be cited as the ``Continuing Appropriations Act,
2018''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.