FEMA Operations Continuity Act of 2025

#5794 | HR Congress #119

Subjects:

Last Action: Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management. (12/1/2025)

Bill Text Source: Congress.gov

Summary and Impacts
Original Text

Bill Summary

The "FEMA Operations Continuity Act of 2025" is legislation designed to ensure that the Federal Emergency Management Agency (FEMA) can continue its disaster relief, recovery, and mitigation efforts without interruption, even if there is a lapse in federal appropriations.

Key provisions of the Act include:

1. **Continuation of Operations**: FEMA is authorized to continue all operations funded by the Disaster Relief Fund (DRF) during any funding lapse, allowing it to respond to existing and future disaster declarations.

2. **Fund Usage**: The Act ensures that all unobligated balances in the DRF remain available for expenditure, prohibiting any diversion of these funds during appropriations lapses, except as required by the Anti-Deficiency Act.

3. **Personnel Support**: It allows FEMA to maintain necessary personnel and contract support to ensure that claims and payments are processed without delay.

4. **Essential Services Exemption**: The legislation designates FEMA's operations under this Act as essential for protecting human life and property, thus exempting them from government shutdown restrictions.

Overall, the Act aims to provide uninterrupted disaster assistance to individuals and communities in need, regardless of funding challenges.

Possible Impacts

The "FEMA Operations Continuity Act of 2025" could affect people in various ways, including:

1. **Continuous Disaster Assistance**: Individuals and communities affected by natural disasters would benefit from uninterrupted access to disaster relief services. For example, if a town experienced a hurricane and federal funding was in jeopardy due to a government shutdown, this legislation would ensure that FEMA could continue providing necessary aid such as temporary housing, food assistance, and healthcare services, allowing affected residents to recover more swiftly.

2. **Job Security for FEMA Personnel**: The legislation guarantees that personnel and contract support essential for processing claims and payments will be maintained, which means that employees working for FEMA (and possibly contractors) can continue their work without the fear of layoffs or furloughs during a lapse in appropriations. This stability not only supports workers' livelihoods but also enhances the efficiency and responsiveness of disaster recovery operations.

3. **Protection of Disaster Relief Funds**: By prohibiting the diversion of Disaster Relief Fund resources during funding lapses, the Act ensures that financial resources are available for immediate and future disaster response. This means that communities will not face delays in recovery efforts or funding shortages due to bureaucratic complications, which can lead to prolonged suffering for disaster victims who rely on timely assistance to rebuild their lives.

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5794 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 5794

  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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 21, 2025

  Mr. Bell (for himself, Mr. Moulton, and Mr. Fields) introduced the 
 following bill; which was referred to the Committee on Transportation 
                           and Infrastructure

_______________________________________________________________________

                                 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``FEMA Operations Continuity Act of 
2025''.

SEC. 2. CONTINUATION OF FEMA OPERATIONS DURING A LAPSE IN 
              APPROPRIATIONS.

    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--
            (1) continue all disaster relief, recovery, and mitigation 
        operations funded through the Disaster Relief Fund;
            (2) 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
            (3) maintain personnel and contract support necessary to 
        ensure uninterrupted processing of claims and payments.

SEC. 3. USE OF DISASTER RELIEF FUND.

    (a) Availability.--All unobligated balances in the Disaster Relief 
Fund shall remain available to the Administrator for expenditure during 
a lapse in appropriations.
    (b) Prohibition on Diversion.--No funds from the Disaster Relief 
Fund may be withheld, sequestered, or reprogrammed during a lapse in 
appropriations, except as necessary to comply with section 1341 of 
title 31, United States Code (commonly referred to as the `Anti-
Deficiency Act').

SEC. 4. EXCEPTION FROM GOVERNMENT SHUTDOWN RESTRICTIONS.

    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.
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