IA 

115TH CONGRESS 

1ST SESSION H. J. RES. 108 

Making continuing appropriations for fiscal year 2018 during any period 

between October 1, 2017, and December 14, 2017, for which discretionary appropriations have lapsed, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 12, 2017 

Mr. GALLEGO submitted the following joint resolution; which was referred to 

the Committee on Appropriations 

JOINT RESOLUTION 

Making continuing appropriations for fiscal year 2018 during 

any period between October 1, 2017, and December 14, 

2017, for which discretionary appropriations have lapsed, 

and for other purposes. 

1 Resolved by the Senate and House of Representatives

2 of the United States of America in Congress assembled, 

3 That the following sums are hereby appropriated, out of 

4 any money in the Treasury not otherwise appropriated, 

5 and out of applicable corporate or other revenues, receipts, 

6 and funds, for the several departments, agencies, corpora7 tions, and other organizational units of Government for 

8 fiscal year 2018, and for other purposes, namely: 


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1 SEC. 101. Such amounts as may be necessary, at a 

2 rate for operations as provided in the applicable appro3 priations Acts for fiscal year 2017 and under the authority 

4 and conditions provided in such Acts, for continuing 

5 projects or activities (including the costs of direct loans 

6 and loan guarantees) that are not otherwise specifically 

7 provided for in this joint resolution, for which appropria8 tions, funds, or other authority were made available in the 

9 following appropriations Acts: 

10 (1) The Agriculture, Rural Development, Food 

11 and Drug Administration, and Related Agencies Ap12 propriations Act, 2017 (division A of Public Law 

13 115–31). 

14 (2) The Commerce, Justice, Science, and Re15 lated Agencies Appropriations Act, 2017 (division B 

16 of Public Law 115–31). 

17 (3) The Department of Defense Appropriations 

18 Act, 2017 (division C of Public Law 115–31). 

19 (4) The Energy and Water Development and 

20 Related Agencies Appropriations Act, 2017 (division 

21 D of Public Law 115–31). 

22 (5) The Financial Services and General Govern23 ment Appropriations Act, 2017 (division E of Public 

24 Law 115–31). 


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1 (6) The Department of Homeland Security Ap2 propriations Act, 2017 (division F of Public Law 

3 115–31). 

4 (7) The Department of the Interior, Environ5 ment, and Related Agencies Appropriations Act, 

6 2017 (division G of Public Law 115–31). 

7 (8) The Departments of Labor, Health and 

8 Human Services, and Education, and Related Agen9 cies Appropriations Act, 2017 (division H of Public 

10 Law 115–31). 

11 (9) The Legislative Branch Appropriations Act, 

12 2017 (division I of Public Law 115–31). 

13 (10) The Military Construction and Veterans 

14 Affairs, and Related Agencies Appropriations Act, 

15 2017 (division A of Public Law 114–223). 

16 (11) The Department of State, Foreign Oper17 ations, and Related Programs Appropriations Act, 

18 2017 (division J of Public Law 115–31). 

19 (12) The Transportation, Housing and Urban 

20 Development, and Related Agencies Appropriations 

21 Act, 2017 (division K of Public Law 115–31). 

22 SEC. 102. (a) No appropriation or funds made avail23 able or authority granted pursuant to section 101 for the 

24 Department of Defense shall be used for—(1) the new 

25 production of items not funded for production in fiscal 


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1 year 2017 or prior years; (2) the increase in production 

2 rates above those sustained with fiscal year 2017 funds; 

3 or (3) the initiation, resumption, or continuation of any 

4 project, activity, operation, or organization (defined as any 

5 project, subproject, activity, budget activity, program ele6 ment, and subprogram within a program element, and for 

7 any investment items defined as a P–1 line item in a budg8 et activity within an appropriation account and an R–1 

9 line item that includes a program element and subprogram 

10 element within an appropriation account) for which appro11 priations, funds, or other authority were not available dur12 ing fiscal year 2017. 

13 (b) No appropriation or funds made available or au14 thority granted pursuant to section 101 for the Depart15 ment of Defense shall be used to initiate multi-year pro16 curements utilizing advance procurement funding for eco17 nomic order quantity procurement unless specifically ap18 propriated later. 

19 (c) Notwithstanding this section, the Secretary of De20 fense may, following notification of the congressional de21 fense committees, initiate projects or activities required to 

22 be undertaken for force protection purposes using funds 

23 available from the Iraq Freedom Fund. 


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1 SEC. 103. Appropriations made by section 101 shall 

2 be available to the extent and in the manner that would 

3 be provided by the pertinent appropriations Act. 

4 SEC. 104. Appropriations provided by this joint reso5 lution that, in the applicable appropriations Act for fiscal 

6 year 2017, carried a multiple-year or no-year period of 

7 availability shall retain a comparable period of availability. 

8 SEC. 105. Except as otherwise provided in section 

9 102, no appropriation or funds made available or author10 ity granted pursuant to section 101 shall be used to ini11 tiate or resume any project or activity for which appro12 priations, funds, or other authority were not available dur13 ing fiscal year 2017. 

14 SEC. 106. Appropriations made and authority grant15 ed pursuant to this joint resolution shall cover all obliga16 tions or expenditures incurred for any project or activity 

17 during the period for which funds or authority for such 

18 project or activity are available under this joint resolution. 

19 SEC. 107. Except as otherwise expressly provided in 

20 this joint resolution, the requirements, authorities, condi21 tions, limitations, and other provisions of the appropria22 tions Acts referred to in section 101 shall continue in ef23 fect through the period specified in section 108. 

24 SEC. 108. Unless otherwise provided for in this joint 

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1 priations and funds made available and authority granted 

2 pursuant to this joint resolution shall be available during 

3 any period between October 1, 2017, and December 14, 

4 2017, in which there is a lapse in discretionary appropria5 tions, but shall no longer be available if any of the fol6 lowing occurs during such period: (1) the enactment into 

7 law of an appropriation for any project or activity provided 

8 for in this joint resolution; or (2) the enactment into law 

9 of the applicable appropriations Act for fiscal year 2018 

10 without any provision for such project or activity. 

11 SEC. 109. Expenditures made pursuant to this joint 

12 resolution shall be charged to the applicable appropriation, 

13 fund, or authorization whenever a bill in which such appli14 cable appropriation, fund, or authorization is contained is 

15 enacted into law. 

16 SEC. 110. Appropriations made and funds made 

17 available by or authority granted pursuant to this joint 

18 resolution may be used without regard to the time limita19 tions for submission and approval of apportionments set 

20 forth in section 1513 of title 31, United States Code, but 

21 nothing in this joint resolution may be construed to waive 

22 any other provision of law governing the apportionment 

23 of funds. 

24 SEC. 111. Notwithstanding any other provision of 

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1 grams that would otherwise have high initial rates of oper2 ation or complete distribution of appropriations at the be3 ginning of fiscal year 2018 because of distributions of 

4 funding to States, foreign countries, grantees, or others, 

5 such high initial rates of operation or complete distribu6 tion shall not be made, and no grants shall be awarded 

7 for such programs funded by this joint resolution that 

8 would impinge on final funding prerogatives. 

9 SEC. 112. This joint resolution shall be implemented 

10 so that only the most limited funding action of that per11 mitted in the joint resolution shall be taken in order to 

12 provide for continuation of projects and activities. 

13 SEC. 113. (a) For entitlements and other mandatory 

14 payments whose budget authority was provided in appro15 priations Acts for fiscal year 2017, and for activities under 

16 the Food and Nutrition Act of 2008, the levels established 

17 by section 101 shall be the amounts necessary to maintain 

18 program levels under current law and under the authority 

19 and conditions provided in the applicable appropriations 

20 Acts for fiscal year 2018. 

21 (b) Notwithstanding section 108, obligations for man22 datory payments due on or about the first day of any 

23 month that begins after October 1, 2017, but not later 

24 than 30 days after December 14, 2017, may continue to 

25 be made, and funds shall be available for such payments. 


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1 SEC. 114. Amounts made available under section 101 

2 for civilian personnel compensation and benefits in each 

3 department and agency may be apportioned up to the rate 

4 for operations necessary to avoid furloughs within such de5 partment or agency, consistent with the applicable appro6 priations Act for fiscal year 2017, except that such author7 ity provided under this section shall not be used until after 

8 the department or agency has taken all necessary actions 

9 to reduce or defer non-personnel-related administrative ex10 penses. 

11 SEC. 115. Funds appropriated by this joint resolution 

12 may be obligated and expended notwithstanding section 10 

13 of Public Law 91–672 (22 U.S.C. 2412), section 15 of 

14 the State Department Basic Authorities Act of 1956 (22 

15 U.S.C. 2680), section 313 of the Foreign Relations Au16 thorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 

17 6212), and section 504(a)(1) of the National Security Act 

18 of 1947 (50 U.S.C. 414(a)(1)). 

Æ 


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