Further Additional Continuing Appropriations Act, 2019
PL 116-5 (H.J.Res.28), enacted 01/25/2019

[116th Congress Public Law 5]
[From the U.S. Government Publishing Office]



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         FURTHER ADDITIONAL CONTINUING APPROPRIATIONS ACT, 2019

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Public Law 116-5
116th Congress

                            Joint Resolution


 
 Making further continuing appropriations for fiscal year 2019, and for 
       other purposes. <<NOTE: Jan. 25, 2019 -  [H.J. Res. 28]>> 

    Resolved by the Senate and House of Representatives of the United 
States of America in Congress assembled, <<NOTE: Further Additional 
Continuing Appropriations Act, 2019.>> 

    Section 1. short title. This joint resolution may be cited as the 
``Further Additional Continuing Appropriations Act, 2019''.
    Sec. 101.  The Continuing Appropriations Act, 2019 (division C of 
Public Law 115-245) is further amended--
            (1) by striking the date specified in section 
        105(3) <<NOTE: 132 Stat. 3124.>>  and inserting ``February 15, 
        2019''; and
            (2) by adding after section 136 the following:

    ``Sec. 137.  Amounts made available in this Act for personnel pay, 
allowances, and benefits in each department and agency shall be 
available for obligations incurred pursuant to subsection (c) of section 
1341 of title 31, United States Code.
    ``Sec. 138.  All obligations incurred and in anticipation of the 
appropriations made and authority granted by this Act for the purposes 
of maintaining the essential level of activity to protect life and 
property and bringing about orderly termination of Government function, 
and for purposes as otherwise authorized by law, are hereby ratified and 
approved if otherwise in accord with the provisions of this Act.
    ``Sec. 139. (a) <<NOTE: State and local 
governments. Furlough. Reimbursements.>>  If a State (or another Federal 
grantee) used State funds (or the grantee's non-Federal funds) to 
continue carrying out a Federal program or furloughed State employees 
(or the grantee's employees) whose compensation is advanced or 
reimbursed in whole or in part by the Federal Government--
            ``(1) such furloughed employees shall be compensated at 
        their standard rate of compensation for such period;
            ``(2) the State (or such other grantee) shall be reimbursed 
        for expenses that would have been paid by the Federal Government 
        during such period had appropriations been available, including 
        the cost of compensating such furloughed employees, together 
        with interest thereon calculated under section 6503(d) of title 
        31, United States Code; and
            ``(3) the State (or such other grantee) may use funds 
        available to the State (or the grantee) under such Federal 
        program to reimburse such State (or the grantee), together with 
        interest thereon calculated under section 6503(d) of title 31, 
        United States Code.

    ``(b) <<NOTE: Definitions.>>  For purposes of this section, the term 
`State' and the term `grantee' shall have the meaning as such term is 
defined under the applicable Federal program under subsection (a). In 
addition, `to continue carrying out a Federal program' means the

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continued performance by a State or other Federal grantee, during the 
period of a lapse in appropriations, of a Federal program that the State 
or such other grantee had been carrying out prior to the period of the 
lapse in appropriations.

    ``(c) <<NOTE: Applicability.>>  The authority under this section 
applies with respect to any period in fiscal year 2019 (not limited to 
periods beginning or ending after the date of the enactment of this Act) 
during which there occurs a lapse in appropriations with respect to any 
department or agency of the Federal Government which, but for such lapse 
in appropriations, would have paid, or made reimbursement relating to, 
any of the expenses referred to in this section with respect to the 
program involved. Payments and reimbursements under this authority shall 
be made only to the extent and in amounts provided in advance in 
appropriations Acts.

    ``Sec. 140. <<NOTE: Time periods.>>   Notwithstanding section 
251(a)(1) of the Balanced Budget and Emergency Deficit Control Act of 
1985 and the timetable in section 254(a) of such Act, the final 
sequestration report for fiscal year 2019 pursuant to section 254(f)(1) 
of such Act and any order for fiscal year 2019 pursuant to section 
254(f)(5) of such Act shall be issued, for the Congressional Budget 
Office, 10 days after the date specified in section 105(3), and for the 
Office of Management and Budget, 15 days after the date specified in 
section 105(3).

    ``Sec. 141. <<NOTE: Extension date.>>   Section 319L(e)(1)(A) of the 
Public Health Service Act (42 U.S.C. 247d-7e(e)(1)(A)) shall continue in 
effect through the date specified in section 105(3) of this Act.

    ``Sec. 142. <<NOTE: Extension date.>>   Section 405(a) of the 
Pandemic and All Hazards Preparedness Act (42 U.S.C. 247d-6a note) shall 
continue in effect through the date specified in section 105(3) of this 
Act.''.

    Sec. 102. <<NOTE: Time period.>>   For the purposes of division C of 
Public Law 115-245, the time covered by such division shall be 
considered to include the period which began on or about December 22, 
2018, during which there occurred a lapse in appropriations.

    Sec. 103.  Subsection (c)(2) of section 1341 of title 31, United 
States Code, is amended by inserting ``, and subject to the enactment of 
appropriations Acts ending the lapse'' before the period.
    Sec. 104. <<NOTE: Determination. Time periods.>>   For the purposes 
of the annual report issued pursuant to section 5 of the Statutory Pay-
As-You-Go Act of 2010 (2 U.S.C. 934) after adjournment of the second 
session of the 115th Congress, and for determining whether a 
sequestration order is necessary under such section, the debit for the 
budget year on the 5-year

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scorecard, if any, and the 10-year scorecard, if any, shall be deducted 
from such scorecard in 2019 and added to such scorecard in 2020.

    Approved January 25, 2019.

LEGISLATIVE HISTORY--H.J. Res. 28:
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CONGRESSIONAL RECORD, Vol. 165 (2019):
            Jan. 17, considered and passed House; proceedings vacated 
                and further consideration postponed.
            Jan. 23, considered and passed House.
            Jan. 25, considered and passed Senate, amended. House 
                concurred in Senate amendment.

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