Understanding the Disaster Budget of FEMA in the Aftermath of Hurricane Milton

Comprehending the financial aspects of natural disasters is challenging.

Will FEMA have enough resources to respond to the floodwaters that have destroyed residents' cars, homes, businesses, and towns? Will Congress approve additional disaster relief funding in the short and long term?

So, let’s follow the money.

In late September, Congress passed an interim spending bill to prevent a government shutdown, and allocated more than $20 billion to replenish FEMA's coffers and the Disaster Relief Program (DRF), which had nearly depleted to $1 billion and change.

Lawmakers had to return to Washington in an emergency session in the late summer of 2005 to refurbish the DRF after Hurricane Katrina. Front-loading the DRF with $20 billion this year would be enough for FEMA to get through any natural disaster until Congress returned in mid-November.

FEMA Administrator Deanne Criswell indicated that there was no issue with the funding for FEMA.

For now.

"Criswell stated that they have the necessary funding and resources to address the ongoing responses to Hurricane Helene and Hurricane Milton. Initially, it was believed that immediate needs funding would be required in December or January. However, Criswell needs to evaluate the situation daily to determine if they can wait that long."

House Speaker Mike Johnson, R-La., resisted calls to recall Congress early to address the storms, despite pressure from President Biden, Homeland Security Secretary Alejandro Mayorkas, and White House spokeswoman Karine Jean-Pierre. The House and Senate are currently on recess until after the mid-November elections.

It's unlikely that Congress will return to replenish FEMA's funds, regardless of the severity of the storms. However, it may be politically advantageous for the President, Mayorkas, and lawmakers in affected areas to urge Congressional leaders to recall the House and Senate to Washington. This gives the impression of having exhausted all options and can also be used to criticize those who do not call people back, suggesting that they are not taking the damage seriously enough.

It is unlikely that Congress will need to return to session before November 12th, as the DRF is now adequately stocked. Only a catastrophic event such as thermonuclear war could deplete the fund before the next month.

In 2005, when lawmakers reconvened in an urgent session to replenish funds for FEMA following Katrina, they did so with a minimal staff. Only a small number of lawmakers attended. Then-Senate Majority Leader Bill Frist, R-Tenn., swiftly passed the bill without much discussion, granting "unanimous consent."

The House and Senate have three options for voting: a roll call vote, a voice vote, and unanimous consent. In a roll call vote, each member is recorded as either "yea" or "nay." During a voice vote, those in favor shout "aye" while those opposed shout "nay." The louder side is assumed to have won. With unanimous consent, a bill is brought to the floor and a member asks to pass it. If all members agree, the bill is passed. However, if there is a single objection, the bill is dead.

In 2005, approving an emergency storm relief bill with a small group of people may have been feasible after Hurricane Katrina. However, the current political landscape in America is vastly different from what it was 19 years ago.

In March 2020, Congress tried to pass a $2.3 trillion relief package amid the ongoing COVID-19 pandemic. According to Article I, Section 5 of the Constitution, a "Majority" of the House and Senate is required to conduct business. However, the House and Senate often conduct business without a proper quorum, which is usually not an issue.

The COVID bill was debated on the House floor, but leaders opted for social distancing to avoid a formal roll call that would require all 435 members to be present. This was to ensure the bill's approval through unanimous consent or a voice vote, which was the preferred method during the initial, dangerous days of the pandemic.

Rep. Thomas Massie, R-Ky., attempted to "make a point of order" that the House lacked a quorum and demanded a roll call vote. Despite this, former President Trump criticized Massie on Twitter, calling him "grandstanding" and suggesting he be expelled from the GOP.

Rep. Anthony Brown, D-Md., presided over the vote and quickly counted Members present. Both the majority and minority came up with a plan to bring a significant number of Members into the House chamber to achieve a quorum. Some of them gathered on the floor, while others stood on the balcony of the then-closed public viewing gallery.

Without a roll call vote, Brown gaveled the bill to passage because the quorum was present.

In the current polluted environment, it is challenging to imagine that politicians from both sides would not object if leaders attempted to call the House and Senate back to Washington for an emergency vote, similar to Katrina. Despite the fact that it is disaster aid, some may criticize the additional spending. They may even accuse leaders of attempting to force the measure through without sufficient scrutiny. The 2020 coronavirus package vote suggests that there may be issues if all lawmakers are not summoned to discuss and vote on emergency spending.

Then there is the question of offsets.

Republicans advocating for the government's response to both storms want disaster aid for affected areas. However, deficit hawks will require offsets before approving new spending.

"Rep. Byron Donalds, R-Fla., stated on Fox that we should not be spending money in certain areas as the government does not need to do so. He added that these areas are political pet projects."

If a Member considers a project to be essential, another may view it as a pet project. Congress will harm someone's interests if this approach is taken.

As we often say, it’s about the math.

"One senior House Republican source knowledgeable about the spending procedure inquired, "Where can you obtain the votes to accomplish it?" to which the response was, "That won't occur. It never does.""

With Fiscal Year 2025 already underway, there is no agreed-upon topline spending number, making it more challenging to identify offsets.

So the fate of disaster relief?

The source stated, "This will be charged to the credit card."

Here’s what to look for in the coming days:

Congress is not in the proper parliamentary posture for a presidential recall, as the House and Senate are not "adjourned" but are technically "in session" with only a few members present until after the election.

James Comer, R-Ky., intends to hold a hearing with Criswell before the House Oversight Committee in mid-November.

The National Flood Insurance Program and Small Business Administration will face challenges in obtaining sufficient funds for storm victims, as Congress struggles to refurbish the program and provide adequate assistance. Mayorkas has stated that he has always known the flood program to be in a deficit.

In the aftermath of the dual disasters, there will be a substantial amount of money to allocate. Was the allocation too excessive or insufficient? Were the funds spent appropriately? Was the spending done too quickly or too slowly? And, as is always the case, legislators will discover some errors.

While the storms may have passed, storm clouds on Capitol Hill about the federal response are just starting to form.