[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.J. Res. 28 Engrossed Amendment Senate (EAS)]

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                  In the Senate of the United States,

                        January 25 (legislative day, January 24), 2019.
    Resolved, That the resolution from the House of Representatives 
(H.J. Res. 28) entitled ``Joint resolution making further continuing 
appropriations for fiscal year 2019, and for other purposes.'', do pass 
with the following

                               AMENDMENT:

            Strike all after the enacting clause and insert the 
      following:

    Section 1. short title. This joint resolution may be cited as the 
``Further Additional Continuing Appropriations Act, 2019''.
    Sec. 101.  The Continuing Appropriations Act, 2019 (division C of 
Public Law 115-245) is further amended--
            (1) by striking the date specified in section 105(3) and 
        inserting ``February 15, 2019''; and
            (2) by adding after section 136 the following:
    ``Sec. 137.  Amounts made available in this Act for personnel pay, 
allowances, and benefits in each department and agency shall be 
available for obligations incurred pursuant to subsection (c) of 
section 1341 of title 31, United States Code.
    ``Sec. 138.  All obligations incurred and in anticipation of the 
appropriations made and authority granted by this Act for the purposes 
of maintaining the essential level of activity to protect life and 
property and bringing about orderly termination of Government function, 
and for purposes as otherwise authorized by law, are hereby ratified 
and approved if otherwise in accord with the provisions of this Act.
    ``Sec. 139. (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 2019 (not limited to periods beginning or ending 
after the date of the enactment of this Act) 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.
    ``Sec. 140.  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 2019 pursuant to section 254(f)(1) of such Act and any order for 
fiscal year 2019 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 105(3), and for the Office of Management and 
Budget, 15 days after the date specified in section 105(3).
    ``Sec. 141.  Section 319L(e)(1)(A) of the Public Health Service Act 
(42 U.S.C. 247d-7e(e)(1)(A)) shall continue in effect through the date 
specified in section 105(3) of this Act.
    ``Sec. 142.  Section 405(a) of the Pandemic and All Hazards 
Preparedness Act (42 U.S.C. 247d-6a note) shall continue in effect 
through the date specified in section 105(3) of this Act.''.
    Sec. 102.  For the purposes of division C of Public Law 115-245, 
the time covered by such division shall be considered to include the 
period which began on or about December 22, 2018, during which there 
occurred a lapse in appropriations.
    Sec. 103.  Subsection (c)(2) of section 1341 of title 31, United 
States Code, is amended by inserting ``, and subject to the enactment 
of appropriations Acts ending the lapse'' before the period.
    Sec. 104.  For the purposes of the annual report issued pursuant to 
section 5 of the Statutory Pay-As-You-Go Act of 2010 (2 U.S.C. 934) 
after adjournment of the second session of the 115th Congress, and for 
determining whether a sequestration order is necessary under such 
section, the debit for the budget year on the 5-year scorecard, if any, 
and the 10-year scorecard, if any, shall be deducted from such 
scorecard in 2019 and added to such scorecard in 2020.

            Attest:

                                                             Secretary.
116th CONGRESS

  1st Session

                             H. J. RES. 28

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                               AMENDMENT