Avoiding a Shutdown by Providing Gov’t Funding Thru December 3rd, Plus Disaster Relief & Aid for Afghan Evacuees (Amended) (H.R. 5305)

What is H.R. 5305?

(Updated February 25, 2022)

This bill was enacted on September 30, 2021

This bill would extend funding for the federal government at currently authorized levels through December 3, 2021, to avoid a partial government shutdown when funding expires after September 30th, and provide $28.6 billion in disaster relief; $6.3 billion to support evacuees The original version of this bill included a debt limit suspension but that was removed when an amended version of the bill was introduced. A breakdown of this bill’s major provisions can be found below.

CONTINUING APPROPRIATIONS ACT, 2022

This section would extend discretionary funding for federal agencies at levels approved for FY2021 into FY2022 through December 3, 2021, to prevent a partial government shutdown from occurring on October 1st when FY2022 begins. The continuing resolution (CR) would also:

• Continue mandatory programs and appropriated entitlements, and provide some of those programs with funding for payments due on or about January 1, 2022, in case there is a government shutdown after December 3rd.

• Permit funding necessary to avoid agencies from implementing furloughs or terminations after agencies take action to reduce or defer non-personnel-related expenses.

• Increase the amounts of fruits and vegetables available in the Women, Infants, and Children (WIC) food package.

• Allow a higher spending rate for the offices of former presidents, including funding for office space, pensions, and other additional support.

• Allow the Federal Emergency Management Agency (FEMA) to access the full FY2022 appropriation under the continuing resolution as necessary to respond to declared disasters.

• Extend the National Flood Insurance Program (NFIP) through December 3rd.

• Provide new funding to the U.S. Citizenship and Immigration Services (USCIS) for application processing, backlog reduction, and refugee support programs.

• Include funding to upgrade infrastructure for the National Suicide Prevention Lifeline to increase call center capacity, as well as expand use of text and chat messaging.

DISASTER RELIEF SUPPLEMENTAL APPROPRIATIONS ACT, 2022

This section would provide disaster relief for a variety of federal programs, including:

• $10 billion for the U.S. Dept. of Agriculture to cover losses from natural disasters occurring in 2020 and 2021.

• $3 billion for the Army Corps of Engineers to accelerate construction of flood and storm damage reduction projects to reduce risk from future floods and hurricanes; just over $2 billion to repair damages to Corps projects caused by natural disasters; plus $500 million to accelerate construction of flood and storm damage reduction projects to reduce risk from future floods and hurricanes on the Mississippi River and tributaries.

• $2.6 billion for federal highways programs to reimburse states and territories for damage from natural disasters to roads and bridges in the National Highway System.

• $1.36 billion for the U.S. Forest Service for expenses related to calendar year 2019, 2020, and 2021 wildfires, hurricanes, and other natural disasters; including $175 million for hazardous fuels management and $175 million for burned area rehabilitation.

• $1.2 billion for the Small Business Administration Disaster Loans Program to support $6.2 billion in low interest loans to help businesses, nonprofits, homeowners, and renters recover from Hurricane Ida and other disasters.

• $565 million for the Navy and $330 million for the Air Force to repair facilities damaged by natural disasters in 2020 and 2021.

• $345 million for the National Oceanic and Atmospheric Administration to respond to damages from hurricanes and wildfires in 2020 and 2021, as well as mitigate the impact of future disasters.

• $321 million to repair NASA facilities and equipment damaged by Hurricanes Zeta and Idea.

AFGHANISTAN SUPPLEMENTAL APPROPRIATIONS ACT, 2022

This section would provide a total of $6.3 billion in funding to support Afghan evacuees, including:

• $2.2 billion for Dept. of Defense assistance to Afghan Special Immigrant Visa (SIV) applicants or holders, and at-risk Afghans on U.S. military installations. This funding would be restricted to activities specifically related to Operation Allies Welcome, in addition to the termination of contracts funded by the Afghanistan Security Forces Fund. A report about property, equipment, and supplies destroyed, taken out of Afghanistan, or left in Afghanistan following the military withdrawal would be required.

• $1.7 billion to provide resettlement and other support services such as emergency housing, English language classes, job training, and case management, for Afghan arrivals and refugees.

• $1 billion for the Emergency Refugee and Migration Assistance Fund that includes basic need requirements and resettlement services for at-risk Afghans in the U.S., including medical testing, processing, and life support services.

• $415 million for Migration and Refugee Assistance to respond to the needs of Afghan refugees, conflict victims, and displaced Afghans, including support for processing of Priority 1, and at-risk Afghans who received Priority 2 referrals.

• $276.9 million for the Emergencies in the Diplomatic and Consular Services for the costs of evacuation and contingency support for temporary transit sites outside of Afghanistan to be used by U.S. citizens, legal permanent residents, and at-risk Afghans.

• $193 million for USCIS to support activities related to Operation Allies Welcome, including benefits to Afghans in the U.S. after undergoing background checks. The Dept. of Homeland Security would be required to coordinate government-wide planning on specified activities related to Afghan evacuees.

Argument in favor

Congress needs to step up and prevent a partial government shutdown from occurring on October 1st by extending funding through December 3, 2021. This bill would also provide much-needed funding for disaster relief and the resettlement of Afghan evacuees. The amended version of this bill excludes a debt limit suspension so that it can gain bipartisan support.

Argument opposed

Congress should not extend government funding for a short period of time to allow for negotiations to continue. Because lawmakers haven't compromised on bipartisan spending levels for the full fiscal year 2022, the government should go into a partial shutdown to speed up their negotiations.

Impact

Federal agencies; Afghan evacuees; people in disaster-affected areas; and the federal government.

Cost of H.R. 5305

A CBO cost estimate is unavailable.

Additional Info

In-Depth: House Appropriations Committee Chairwoman Rosa DeLauro (D-CT) introduced the original version of this bill to extend government funding until December 3rd to avoid a shutdown on October 1st, provide emergency funding for disaster relief and Afghan resettlement, and suspend the debt limit through December 16, 2022. She offered the following statement on its introduction:

“As our nation continues to face the COVID-19 pandemic and other serious challenges, the Extending Government Funding and Delivering Emergency Assistance Act meets the continuing needs of people who live paycheck to paycheck. It is critical that Congress swiftly pass this legislation to support vital education, health, housing and public safety programs and provide emergency help for disaster survivors and Afghan evacuees... By extending funding through December 3, this legislation will allow Congress to negotiate full-year government funding bills that make historic and transformative investments to benefit working families. As we take that step today, providing help for people in desperate need is a moral imperative.”

Senate Majority Leader Mitch McConnell (R-KY) has said since July that Republicans intend to oppose any legislation that raises the debt limit, arguing that Democrats should raise it along party-lines through reconciliation while they’re using that process for a partisan $3.5 trillion spending bill. On August 9th, he said “Democrats have all the existing tools they need to raise the debt limit on a partisan basis. If they want 50 lock-step Democratic votes to spend trillions and trillions more, they can find 50 Democratic votes to finance it.” McConnell reiterated that point in remarks on the Senate floor on September 20th:

“Democrats decided to govern alone. Their unified Democratic government must put basic governing duties ahead of partisan wish lists. If they don’t the consequences for our country would be catastrophic. Senate Republicans would support a clean continuing resolution that includes appropriate disaster relief and targeted Afghan assistance. We will not support legislation that raises the debt limit.”

An earlier version of this legislation was modified and reintroduced to the House Rules Committee after progressive Democrats expressed opposition to including $1 billion to help Israel replenish its stores of interceptor rockets for its Iron Dome missile defense system, after reserves were depleted due to an influx of Hamas rocket attacks earlier this year. While the provision was removed in the Rules Committee, Republicans and moderate Democrats may attempt to add it back into the bill on the House floor, or they will include it in the eventual bill to fund the government for the rest of FY2022 beyond December 3rd.

Media:

• Senate Appropriations Democrats Statement
  

• House Appropriations Committee Democrats Press Release (Original House Bill)

• House Appropriations Committee Democrats Section-by-Section (Original House Bill)

• Senate Majority Leader Mitch McConnell (R-KY) Remarks (Opposed to Original House Bill - 9/20)

• Senate Majority Leader Mitch McConnell (R-KY) Remarks (Opposed to Original House Bill - 8/9)

• Causes (Debt Limit)

• Causes (Disaster Relief & Afghan Funding)