HR 5794
FEMA Operations Continuity Act of 2025
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Bill overview
This bill ensures FEMA can continue its disaster relief, recovery, and mitigation efforts even if Congress doesn't pass funding, such as during a government shutdown. It allows FEMA to use existing funds in the Disaster Relief Fund to pay for these operations, including processing claims and maintaining staff. The bill also clarifies that FEMA’s essential operations are exempt from certain shutdown restrictions to protect lives and property. It maintains the availability of Disaster Relief Fund balances and prohibits their diversion during a lapse in appropriations.
Key provisions
- Authorizes FEMA to continue disaster relief, recovery, and mitigation operations during a lapse in appropriations.
- Permits the use of Disaster Relief Fund balances for existing and future disaster declarations.
- Requires FEMA to maintain necessary personnel and contract support.
- Ensures all unobligated Disaster Relief Fund balances remain available for expenditure.
- Prohibits the withholding, sequestration, or reprogramming of Disaster Relief Fund funds during a lapse in appropriations.
- Designates FEMA operations as essential to protect human life and property during a shutdown.
- Specifically references relevant sections of the Stafford Disaster Relief and Emergency Assistance Act.
- Clarifies the application of the Antideficiency Act to FEMA operations.
Who is affected
- Federal Emergency Management Agency (FEMA)
- Disaster survivors
- State and local governments
- Individuals and communities affected by disasters
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119th CONGRESS — 1st Session
H. R. 5794
IN THE HOUSE OF REPRESENTATIVES
A BILL
To authorize the Administrator of the Federal Emergency Management Agency to continue disaster relief, recovery, and mitigation operations funded through the Disaster Relief Fund in the event of a lapse in appropriations, and for other purposes.
This Act may be cited as the FEMA Operations Continuity Act of 2025
.
Notwithstanding any other provision of law, in the event of a lapse in appropriations, the Administrator of the Federal Emergency Management Agency shall be authorized to—
continue all disaster relief, recovery, and mitigation operations funded through the Disaster Relief Fund;
obligate and disburse Disaster Relief Fund balances for all existing and future disaster declarations, including individual and public assistance under sections 403, 406, 407, 408, and 502 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170b, 5172, 5173, 5174, and 5192); and
maintain personnel and contract support necessary to ensure uninterrupted processing of claims and payments.
For purposes of section 1341 of title 31, United States Code (commonly referred to as the ‘Anti-Deficiency Act’), operations of the Federal Emergency Management Agency authorized under this Act shall be considered essential to protect human life and property, and therefore exempt from shutdown restrictions.