HR-10486-119
Referred to the Committee on Transportation and Infrastructure, and in addition to the Committees on Science, Space, and Technology, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Sponsored by Wesley Bell (D-MO)
What it does
This bill would require the FEMA Administrator, during a lapse in appropriations, to continue disaster relief, recovery and mitigation work paid from the Disaster Relief Fund, and to keep paying claims for current and future disaster declarations. It would keep unobligated fund balances available, bar withholding or reprogramming of those funds except as the Anti-Deficiency Act requires, and label these FEMA operations essential for purposes of that Act. It would also require monthly public reports on the fund, a HUD unmet-needs report after each major disaster, a NOAA tornado detection and warning program, and a FEMA tornado resilience grant program for state and local agencies. The text does not state a dollar amount for the new tornado programs.
Who benefits
Disaster survivors and communities waiting on individual or public assistance payments, who would be less likely to see delays during a shutdown. FEMA staff and contractors whose work would continue. State, local, Tribal and territorial governments that may receive tornado shelter and warning-system grants, with priority for high-risk, low-income and underserved areas. Residents of tornado-prone areas, including mobile home communities and schools. Congress and the public, who would get monthly fund data.
Who is hurt
Taxpayers could bear added costs if the new tornado programs receive funding, since the text sets no amounts. Agencies such as FEMA, NOAA and HUD would take on added reporting and program work and may need more resources. Congress could lose some leverage in shutdown negotiations over FEMA operations. Competing disaster or grant programs might face tighter limits on shared funds if Disaster Relief Fund balances are shielded from reprogramming. Regions with lower tornado risk would receive lower priority for the new grants.
Supporters argue
Supporters argue that disasters do not pause during funding lapses, and that past shutdowns have delayed recovery payments and slowed FEMA operations when survivors needed them most. They contend that protecting existing Disaster Relief Fund balances, requiring monthly public reporting, and adding tornado warning and shelter programs gives communities predictable help and gives Congress better oversight of how money is used.
Opponents argue
Opponents argue that exempting one agency's operations from shutdown limits weakens the funding pressure Congress uses to resolve budget disputes, and invites other agencies to seek similar carve-outs. They contend the bill's broad "notwithstanding any other law" language may conflict with the Anti-Deficiency Act, and that it bundles new tornado programs and reports without stated funding levels, adding costs and duties for several agencies.
Constitutional context
The Appropriations Clause (Art. I, §9, cl. 7) bars spending without congressional appropriation, and the bill relies on existing Disaster Relief Fund balances and declares FEMA work essential under the Anti-Deficiency Act, which is a question of statutory authority. Congress may change that statute, and the bill's grant programs fall under the Spending Clause (Art. I, §8, cl. 1). No single landmark case controls; OPM v. Richmond (1990) reflects the Court's strict reading of the Appropriations Clause.
Checks and balances
Congress gains the ability to keep FEMA funded through shutdowns while the FEMA Administrator gains continuity of spending authority; checks include monthly reports to appropriations and authorizing committees, public posting, and Congress's ability to amend the law.
Historical precedent
Congress has previously passed separate bills to protect certain functions during shutdowns, such as the Pay Our Military Act of 2013 and back-pay laws for federal employees, and the Disaster Relief Fund has carried balances through past lapses.