[115th Congress Public Law 56]
[From the U.S. Government Publishing Office]
[[Page 131 STAT. 1129]]
Public Law 115-56
115th Congress
An Act
Making continuing appropriations for the fiscal year ending September
30, 2018, and for other purposes. <<NOTE: Sept. 8, 2017 - [H.R. 601]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Continuing
Appropriations Act, 2018 and Supplemental Appropriations for Disaster
Relief Requirements Act, 2017.>>
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. <<NOTE: 1 USC 1 note.>> 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 <<NOTE: Reinforcing Education Accountability in Development
Act. 22 USC 2151c note.>> 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.
[[Page 131 STAT. 1130]]
Sec. 5. Improving coordination and oversight.
Sec. 6. Monitoring and evaluation of programs.
Sec. 7. Transparency and reporting to Congress.
SEC. 2. <<NOTE: 22 USC 2151c note.>> 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. <<NOTE: 22 USC 2151c note.>> 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.
[[Page 131 STAT. 1131]]
``(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--
[[Page 131 STAT. 1132]]
``(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
[[Page 131 STAT. 1133]]
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) <<NOTE: President.>> 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) <<NOTE: President.>> 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. <<NOTE: President. 22 USC 2151c note. Deadline.>>
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--
[[Page 131 STAT. 1134]]
(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. <<NOTE: 22 USC 2151c note. Establishment.>> 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''). <<NOTE: President.>> The Senior
Coordinator shall be appointed by the President, shall be a current
USAID employee serving in a career or noncareer position
[[Page 131 STAT. 1135]]
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) <<NOTE: President. Consultation. Determination.>> 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. <<NOTE: President. 22 USC 2151c note.>> 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.
[[Page 131 STAT. 1136]]
SEC. 7. <<NOTE: 22 USC 2151c note. President.>> 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) <<NOTE: Public information.>> 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 <<NOTE: Supplemental Appropriations for Disaster Relief
Requirements, 2017.>> 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 <<NOTE: President.>> 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.
[[Page 131 STAT. 1137]]
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: <<NOTE: President.>> 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 <<NOTE: Grants. Certification.>> 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: <<NOTE: Plan. Criteria.>> 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
[[Page 131 STAT. 1138]]
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 <<NOTE: Waiver authority.>> 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 <<NOTE: Notice. Federal Register, publication. Deadline.>>
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: <<NOTE: President.>> 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.
[[Page 131 STAT. 1139]]
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) <<NOTE: Time period. 31 USC 3101 note.>> 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, <<NOTE: Effective date.>> 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 <<NOTE: Continuing Appropriations Act, 2018.>> 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.
[[Page 131 STAT. 1140]]
(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) <<NOTE: Applicability.>> 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) <<NOTE: Rate reduction.>> 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)
[[Page 131 STAT. 1141]]
for which appropriations, funds, or other authority were not available
during fiscal year 2017.
(b) <<NOTE: Contracts.>> 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. <<NOTE: Expiration date.>> 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
[[Page 131 STAT. 1142]]
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) <<NOTE: Time period. Continuation.>> 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) <<NOTE: Applicability.>> 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.
[[Page 131 STAT. 1143]]
Sec. 117. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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) <<NOTE: Notification. Deadline.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> (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.
[[Page 131 STAT. 1144]]
Sec. 124. <<NOTE: Applicability.>> (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. <<NOTE: Continuation.>> 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. <<NOTE: Applicability.>> 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
[[Page 131 STAT. 1145]]
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. <<NOTE: Applicability.>> 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. <<NOTE: Continuation.>> 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. <<NOTE: Continuation. Applicability.>> (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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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. <<NOTE: Applicability.>> 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-
[[Page 131 STAT. 1146]]
235 shall be applied through the date specified in section 106(3) of
this Act by substituting ``seven'' for ``six''.
Sec. 138. <<NOTE: Continuation. Applicability.>> 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. <<NOTE: Applicability.>> (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. <<NOTE: Rescissions.>> (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) <<NOTE: Expiration date.>> 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) <<NOTE: President.>> 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
[[Page 131 STAT. 1147]]
subsequently so designates all such amounts and transmits such
designations to the Congress.
(d) <<NOTE: Effective date.>> This section shall become effective
immediately upon enactment of this Act.
Sec. 142. <<NOTE: Applicability.>> 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''.
Approved September 8, 2017.
LEGISLATIVE HISTORY--H.R. 601:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 163 (2017):
Jan. 24, considered and passed House.
Aug. 1, considered and passed Senate, amended.
Sept. 6, House concurred in certain Senate amendments, in
another with an amendment, pursuant to H. Res. 502.
Senate considered concurring in House amendment with an
amendment.
Sept. 7, Senate considered and concurred in House amendment
with an amendment.
Sept. 8, House concurred in Senate amendment.
<all>