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Unpacking the Short-Term Funding Bill That Averted a Shutdown

What's in the Bill and What's Not
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Key Takeaways

  • House Resolution (H.R.) 5860 is designed to keep the federal government open until Nov. 17.
  • The bill, signed into law Saturday as the Continuing Appropriations Act, 2024, provides fiscal-year 2023 appropriations to federal agencies.
  • The act renews the National Flood Insurance Program.
  • It also provides $16 billion in additional disaster relief funding to the Federal Emergency Management Agency (FEMA).
  • The act extends several expiring fuding authorities until the end of the 2023 calendar year.
  • It doesn't contain additional financial aid for Ukraine.

The Continuing Appropriations Act, 2024, and Other Extensions Act (H.R. 5860) was signed into law by President Joe Biden on Sept. 30, hours before a likely government shutdown. The bill is a continuing resolution (CR) that provides funding to federal agencies through Nov. 17.

The act also extends several funding authorities that were set to expire, including the National Flood Insurance Program (NFIP), and provides $16 billion in federal disaster aid through the Federal Emergency Management Agency (FEMA). All appropriations will be at fiscal year 2023 levels for ongoing projects and activities but without new financial assistance for Ukraine’s ongoing war with Russia. The legislation also excludes border security measures sought by Republicans. 

Continuing Appropriations Act, 2024

The legislation provides for continuing appropriations for government departments and agencies based on the level of appropriations approved for the past fiscal year.

The $16 billion in additional disaster relief funding for FEMA will help with recovery efforts following wildfires in Maui and Louisiana and flooding in Vermont and New York.

FEMA's National Flood Insurance Program will also continue. It had been slated to expire as of Sept. 30. FEMA provides flood insurance through a network of providers in 23,000 participating NFIP communities.

No Additional Funding for Ukraine

Despite widespread bipartisan support to include funding for Ukraine's conflict with Russia, lawmakers abandoned that line item to appease some House Republicans who oppose such funding. Current funding is set to run out at the beginning of October. The White House has requested $24 billion in additional aid to Ukraine.

In remarks Sunday, Biden praised the short-term funding agreement but urged Congress and House Speaker Kevin McCarthy to pass funding for Ukraine.

"I hope my friends on the other side keep their word about support for Ukraine," Biden said. "They said they were going to support Ukraine in a separate vote. We cannot under any circumstance allow America’s support for Ukraine to be interrupted."

Pro Rata Funding Based on Fiscal 2023

The following departments are scheduled to receive pro rata funding from Sunday through Nov. 17, based on fiscal 2023 appropriations.

  • Agriculture, Rural Development, Food and Drug Administration, and related agencies
  • Commerce, Justice, Science, and related agencies
  • Department of Defense 
  • Energy and Water Development and related agencies
  • Financial Services and General government
  • Department of Homeland Security
  • Department of the Interior, Environment, and related agencies
  • Departments of Labor, Health and Human Services, and Education, and related agencies
  • Legislative branch
  • Military Construction, Veterans Affairs, and related agencies
  • Department of State, Foreign Operations, and related programs
  • Transportation, Housing and Urban Development, and related agencies

All appropriations are based on amounts originally appropriated under Public Law 117–328, the Consolidated Appropriations Act of 2023.

Department of Defense and Other Restrictions

The legislation prohibits the use of Department of Defense funds for new production, increased production, or the "initiation, resumption, or continuation of any project ... for which appropriations, funds, or other authority were not available during fiscal year 2023."

In general, the legislation requires agencies and departments to initiate "the most limited funding action of that permitted in the act ... to provide for the continuation of projects and activities." Departments are admonished not to grow programs but to maintain them.

Extension of Expiring Programs

The act extends and provides continuing funding for programs set to expire at the end of fiscal 2023 (Sept. 30). This covers a wide variety of programs, including:

  • The Compact of Free Association between the Government of the United States of America and the Government of the Federated States of Micronesia
  • The Indian Self-Determination and Education Assistance Act
  • The Federal Aviation Administration Airport Improvement Program
  • FAA Administration Operations
  • FAA Air Navigation Facilities and Equipment
  • FAA Research, Engineering, and Development
  • FAA Small Community Air Service
  • FAA Aviation Revenue Provisions

Health and Human Services Extensions

Among the most critical extensions are those that fall under the Health and Human Services administration. They include extensions of:

  • Community health centers
  • National Health Service Corps
  • Teaching Health Centers Operating GME Programs
  • Special Diabetes Programs
  • Medicaid Disproportionate Share Hospital (DSH) Payments
  • Medical Indemnity Fund
  • Child and Family Services Programs
  • Sexual Risk Avoidance Education Programs
  • Personal Responsibility Education Programs

What's Next

Lawmakers have until Nov. 17 to set aside their differences and pass full funding for the government for fiscal year 2024, which began Sunday. Absent that, the U.S. faces a shutdown once again. Top-line topics will include aid for Ukraine, border security, and how to tame the overall federal budget.

Meanwhile, McCarthy faces attempts to oust him from leadership. Rep. Matt Gaetz (R-Florida) has said he plans to file what's known as a "motion to vacate," which would remove McCarthy from House leadership.

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