HR 601 — Continuing Appropriations Act, 2018 and Supplemental Appropriations for Disaster Relief Requirements Act, 2017

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 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:

ProvidedProvided, 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<<NOTE: 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.

SMALLPresident.>> BUSINESSthe ADMINISTRATIONamount disasterdesignated loansunder programthis accountheading (includingas transferan ofemergency funds)requirement Forpursuant anto additionalsection amount251(b)(2)(A)(i) forof the ``DisasterBalanced LoansBudget Programand Account''Emergency forDeficit theControl costAct of direct1985 loansshall authorizedbe byavailable sectiononly 7(b)if of the SmallPresident Businesssubsequently Act,so $450,000,000,designates tosuch remainamount availableand untiltransmits expended: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<<NOTE: 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.

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.

Provided further, That as a condition of<<NOTE: 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.

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.

Provided<<NOTE: 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:

ProvidedPlan. 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:

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 in administering the<<NOTE: 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:

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 the Secretary shall<<NOTE: 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:

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<<NOTE: 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.

ThisPresident.>> divisionProvided mayfurther, beThat citedthe amount designated under this heading as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the ``SupplementalBalanced AppropriationsBudget forand DisasterEmergency ReliefDeficit Requirements,Control 2017''.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''.

(a) In<<NOTE: 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)Time Specialperiod. 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)31 RestoringUSC Congressional3101 Authoritynote.>> OverIn theGeneral.--Section National3101(b) Debt.--of (1)title Extension31, limitedUnited toStates necessaryCode, obligations.--An obligation shall not beapply takenfor intothe accountperiod underbeginning sectionon 101(a) unless the issuancedate of suchenactment obligationof wasthis necessaryAct toand fundending aon commitment incurred pursuant to law by the Federal Government that required payment before December 9,8, 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.

DIVISION D--CONTINUING<<NOTE: 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:

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:

(3)[[Page The131 DepartmentSTAT. of Defense Appropriations Act, 2017 (division C of Public Law 115-31).

1140]] (3) The Department of Defense Appropriations Act, 2017 (division C of Public Law 115-31).

(7) The<<NOTE: 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:

Applicability.>> The Department of the Interior, Environment, and Related Agencies Appropriations Act, (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:

(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.

(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 115-115-31. 31.

(b) The<<NOTE: rate for operations provided by subsection (a) is hereby reduced by 0.6791 percent.

Rate reduction.>> The rate for operations provided by subsection (a) is hereby reduced by 0.6791 percent.

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[[Page which131 appropriations,STAT. funds, or other authority were not available during fiscal year 2017.

(b)1141]] Nofor appropriationwhich orappropriations, fundsfunds, made available or other authority grantedwere pursuantnot toavailable sectionduring 101fiscal foryear the2017. Department of Defense shall be used to initiate multi-year procurements utilizing advance procurement funding for economic order quantity procurement unless specifically appropriated later.

(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.

Unless<<NOTE: 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:

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:

(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[[Page levels131 underSTAT. 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)1142]] Notwithstandingprogram sectionlevels 106,under obligationscurrent forlaw, mandatoryunder payments due on or about the firstauthority dayand ofconditions anyprovided monthin thatthe beginsapplicable afterappropriations OctoberAct butfor notfiscal lateryear than2017, 30to daysbe aftercontinued through the date specified in section 106(3)106(3). may continue to be made, and funds shall be available for such payments.

(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.

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-relatednon- personnel-related administrative expenses.

(c) Section<<NOTE: 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.

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.[[Page 131 STAT.

1143]] Sec.

The<<NOTE: 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:

Applicability.>> The final proviso in section 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:

Section<<NOTE: 1215(f)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112-81;

Applicability.>> Section 1215(f)(1) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112- 81;

113 note), as most recently amended by section 1223 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328),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.

(b) The<<NOTE: 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).

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).

Section<<NOTE: 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.

Applicability.>> Section 104(c) of the Reclamation States Emergency Drought Relief Act of 1991 (43 U.S.C.

(a)<<NOTE: 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''.

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''.

Sec.[[Page 131 STAT.

1144]] Sec.

(a)<<NOTE: 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.

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.

Amounts made available by section 101 for ``Department of Homeland Security--Office of the Secretary and Executive Management--OperationsManagement-- Operations and Support'', ``Department of Homeland Security--Management Directorate--Operations and Support'', and ``Department of Homeland Security--Intelligence, Analysis, and Operations Coordination--OperationsCoordination-- 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.

The<<NOTE: authority provided by section 831 of the Homeland Security Act of 2002 (6 U.S.C.

Continuation.>> The authority provided by section 831 of the Homeland Security Act of 2002 (6 U.S.C.

Section<<NOTE: 404 of the Coast Guard Authorization Act of 2010 (Public Law 111-281;

Applicability.>> Section 404 of the Coast Guard Authorization Act of 2010 (Public Law 111-281;

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[[Page operations131 necessarySTAT. to carry out response and recovery activities under the Robert T.

1145]] for operations necessary to carry out response and recovery activities under the Robert T.

Sections<<NOTE: 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C.

Applicability.>> Sections 1309(a) and 1319 of the National Flood Insurance Act of 1968 (42 U.S.C.

The<<NOTE: authority provided by subsection (m)(3) of section of the Department of Defense Appropriations Act, 2000 (40 U.S.C.

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;

(a)<<NOTE: 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.

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.

Section<<NOTE: 114(f) of the Higher Education Act of 1965 (20 U.S.C.

Applicability.>> Section 114(f) of the Higher Education Act of 1965 (20 U.S.C.

The<<NOTE: 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:

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:

The<<NOTE: 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''.

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]] shall be applied through the date specified in section 106(3) of this Act by substituting ``seven'' for ``six''.

In<<NOTE: 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.

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.

(a)<<NOTE: 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)'';

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)'';

(a)<<NOTE: 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:

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 and Sandy Recovery Improvement Act of 2013 (Public Law 113-2) are hereby rescinded:

(b) In<<NOTE: 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:

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:

(c) Each<<NOTE: 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)President.>> ThisEach amount designated in this section shallby becomethe effectiveCongress immediatelyas uponan enactmentemergency requirement pursuant to section 251(b)(2)(A)(i) of thisthe Act.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.

Sections<<NOTE: 579(a)(1) and (b) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.

Applicability.>> Sections 579(a)(1) and (b) of the Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C.

Attest:Approved September 8, 2017.

Secretary.LEGISLATIVE HISTORY--H.R.

115th601: CONGRESS 1st Session H.R.

601--------------------------------------------------------------------------- _______________________________________________________________________CONGRESSIONAL SENATERECORD, AMENDMENTVol. TO HOUSE AMENDMENT TO SENATE AMENDMENT

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.

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