    [United States Statutes at Large, Volume 133, 116th Congress, 1st Session]
    [From the U.S. Government Publishing Office, www.gpo.gov]

    Public Law 116-5
    116th Congress

    Joint Resolution

    Making further continuing appropriations for fiscal year 2019, and for
    other purposes. <>

    Resolved by the Senate and House of Representatives of the United
    States of America in Congress assembled, <>

    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

    [[Page 11]]

    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

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    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.

    Approved January 25, 2019.

    LEGISLATIVE HISTORY--H.J. Res. 28:
    ---------------------------------------------------------------------------

    CONGRESSIONAL RECORD, Vol. 165 (2019):
    Jan. 17, considered and passed House; proceedings vacated
    and further consideration postponed.
    Jan. 23, considered and passed House.
    Jan. 25, considered and passed Senate, amended. House
    concurred in Senate amendment.