Continuing Appropriations Act, 2020, and Health Extenders Act of 2019, Pub. L. No. 116-59.
November 4, 2019
minute read time
DATE: October 30, 2019
SUBJECT: Continuing Appropriations Act, 2020, and Health Extenders Act of 2019, Pub. L. No. 116-59.
SUMMARY:
Division A of Pub. L. No. 116-59, entitled “Continuing Appropriations Act, 2020, and Health Extenders Act of 2019”, at section 101, appropriates funds in such amounts as may be necessary, at a rate for operations as provided in the applicable appropriations Acts for fiscal year 2019 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 2019, and for which appropriations, funds, or other authority were made available in: The Energy and
Water Development and Related Agencies Appropriations Act, 2019 (division A of Public Law 115–244), except section 505 and The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2019 (division B of Public Law 115–245).
Section 103 of the Continuing Appropriations Act, 2020, states that appropriations made by section 101 shall be available to the extent and manner provided by the pertinent appropriations Acts of 2019.
Section 104 of the Continuing Appropriations Act, 2020, states that 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 2019. Section 105 states that appropriations made and authority granted pursuant to the Continuing Appropriations Act, 2020, 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 the Continuing Appropriations Act, 2020.
Section 106 states that, unless otherwise provided for, appropriations and funds available and authority granted pursuant to the Continuing Appropriations Act, 2020, shall be available until whichever of the following occurs first: (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 2020 without any provision for such project or activity; or (3) November 21, 2019.
Section 109 states that, notwithstanding any other provision of the Continuing Appropriations Act, 2020, 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 2020 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 the Continuing Appropriations Act of 2020 that would impinge on final funding prerogatives.
Section 110 states that the Continuing Appropriations Act, 2020, 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.
Section 125 of the Continuing Appropriations Act, 2020, states that (a) No funds shall be transferred directly from ‘‘Department of Energy—Power Marketing Administration—Colorado River Basins Power Marketing Fund, Western Area Power Administration’’ to the general fund of the Treasury in fiscal year 2019. (b) This section shall become effective immediately upon enactment of this Act.
Therefore, the Acquisition Letter AL 2019-02 and Financial Assistance Letter FAL 2019-01 implementing instructions and guidance for Division A, Title III and Title V of the Energy and Water, Legislative Branch, and Military Construction and Veterans Affairs Appropriations Act, 2019, Pub. L. No. 115-244, and Division C of the Department of Defense and Labor, Health and Human Services, and Education Appropriations Act, 2019, Pub. L. No. 115-245, remains in effect until rescinded or superseded.
This also means that the Congressional Notifications and Quarterly Reporting to the Appropriations Committees as identified in AL 2019-03 and in FAL 2019-02 will continue and remains in effect until rescinded or superseded.
For questions concerning this policy flash should be directed to the Contract and Financial Assistance Policy Division at doe_oapmpolicy@hq.doe.gov.