FARM SAFE Act

Bill Number

H.R. 5716

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Agriculture and Food

Status

Introduced

Latest Action

2025-12-02: Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit.

Last Updated

2026-06-04T08:07:37Z

AI-Generated Summary

Purpose

The FARM SAFE Act aims to ensure that key agricultural disaster assistance programs administered by the U.S. Department of Agriculture (USDA) continue operating without interruption during a government shutdown, which occurs when Congress fails to pass funding legislation (known as a lapse in appropriations). This prevents delays in aid to farmers and agricultural producers facing natural disasters or emergencies.

Key Provisions

• Excepted Employee Status: During a lapse in appropriations, any USDA employee essential to running an agricultural disaster assistance program is classified as an "excepted employee." This means they are required to work and continue receiving pay (funded through prior-year or emergency funds), overriding restrictions that normally prohibit work without appropriations.
• Job Protections: These employees cannot be laid off or removed through a "reduction in force" (a process where agencies cut staff during budget shortfalls).
• Definition of Covered Programs: The bill specifies "agricultural disaster assistance programs" to include:
• Programs under Title IV of the Agricultural Credit Act of 1978 (e.g., emergency conservation and wetland reserve programs that help restore farmland damaged by disasters).
• The supplemental agricultural disaster assistance program under Section 1501 of the Agricultural Act of 2014 (provides financial aid for crop and livestock losses due to weather events or diseases).
• Any other disaster assistance program authorized by Congress and administered by the USDA Secretary, as determined by the Secretary.

Significant Changes to Existing Law

• The bill modifies the application of the Antideficiency Act (31 U.S.C. §§ 1341–1342), which generally bars federal employees from working during funding lapses unless explicitly excepted. It creates a new exception specifically for USDA disaster assistance staff, allowing operations to proceed without needing case-by-case waivers.
• Previously, during shutdowns, these programs could be paused or delayed, leading to backlogs in aid distribution. This Act ensures automatic continuation for designated programs, shifting from discretionary exceptions to a statutory mandate.

Potential Impacts

• On Government Agencies: The USDA gains operational certainty, reducing administrative burdens and potential legal risks from shutdown disruptions. Other agencies remain unaffected unless they collaborate on these programs.
• On Citizens: Farmers, ranchers, and rural communities reliant on disaster aid (e.g., for flood, drought, or disease recovery) benefit from faster, uninterrupted support, potentially stabilizing food production and local economies.
• On International Relations: Minimal direct impact, though consistent U.S. agricultural aid could indirectly support global food security by maintaining domestic output.

Main Stakeholders Affected

• USDA Employees: Those involved in disaster programs are protected and required to work, ensuring program continuity.
• Agricultural Producers: Farmers and livestock owners who depend on federal disaster relief for recovery from events like hurricanes, wildfires, or crop failures.
• Rural Economies and Taxpayers: Communities in agricultural regions gain from reliable aid, while the federal government avoids costs from delayed recoveries or legal challenges during shutdowns.
• Congress and the Executive Branch: Lawmakers and the USDA Secretary influence program scope through determinations and future funding.

Notable Legal, Constitutional, or Political Implications

• Legal: Strengthens USDA's authority by allowing the Secretary flexibility in designating programs, but it must align with congressional intent to avoid challenges under the Impoundment Control Act (which prevents executive withholding of funds). It does not create new funding but reallocates existing exceptions during lapses.
• Constitutional: Aligns with Article I's appropriations clause by respecting Congress's spending power while enabling essential services, similar to exceptions for national security or public safety during shutdowns.
• Political: Addresses criticisms of shutdowns harming non-defense priorities, potentially reducing partisan leverage in budget negotiations. It promotes bipartisanship in agriculture (evident from cosponsors across parties) but could face debate over expanding "essential" functions without broader fiscal reforms.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. McClain Delaney, April [D-MD-6]

Cosponsors (8)

Rep. McClellan, Jennifer L. [D-VA-4], Rep. Ruiz, Raul [D-CA-25], Rep. Figures, Shomari [D-AL-2], Rep. Elfreth, Sarah [D-MD-3], Rep. Carter, Troy A. [D-LA-2], Rep. Adams, Alma S. [D-NC-12], Rep. Ivey, Glenn [D-MD-4], Rep. Wied, Tony [R-WI-8]

Recent Actions

• 2025-12-02: Referred to the Subcommittee on General Farm Commodities, Risk Management, and Credit.
• 2025-12-02: Referred to the Subcommittee on Conservation, Research, and Biotechnology.
• 2025-10-08: Referred to the House Committee on Agriculture.
• 2025-10-08: Introduced in House
• 2025-10-08: Introduced in House

Bill Versions

• Federal Agricultural Relief Maintained during Shutdowns And Federal Emergencies Act — issued 2025-10-08 — PDF (3 pages)