[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4433 Introduced in Senate (IS)]
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119th CONGRESS
2d Session
S. 4433
To provide for a procedure for Congress to carry out a reversal of a
decision by the President not to declare a major disaster requested by
the Governor of a State under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 29, 2026
Mr. Bennet (for himself and Mr. Hickenlooper) introduced the following
bill; which was read twice and referred to the Committee on Banking,
Housing, and Urban Affairs
_______________________________________________________________________
A BILL
To provide for a procedure for Congress to carry out a reversal of a
decision by the President not to declare a major disaster requested by
the Governor of a State under the Robert T. Stafford Disaster Relief
and Emergency Assistance Act, 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 ``Disaster Declaration Transparency
Act of 2026''.
SEC. 2. PROCESS FOR CONGRESSIONAL REVERSAL OF REFUSAL TO DECLARE MAJOR
DISASTER.
Section 401 of the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5170) is amended by adding at the end the
following:
``(d) Notification to Congress.--
``(1) Covered refusal.--In this subsection, the term
`covered refusal' means an instance in which--
``(A) the Governor of a State requests a
declaration by the President of a major disaster under
subsection (a); and
``(B) the President declines to declare such a
major disaster--
``(i) contrary to a recommendation provided
by the Administrator of the Federal Emergency
Management Agency; or
``(ii) based on a recommendation by the
Administrator of the Federal Emergency
Management Agency not to approve the
declaration that is contrary to established
precedent.
``(2) Notification requirement.--Not later than 24 hours
after issuing a covered refusal, the President shall submit to
the Speaker of the House of Representatives and the President
of the Senate a written explanation of the covered refusal.
``(e) Declaration by Joint Resolution.--
``(1) Definitions.--In this subsection:
``(A) Covered joint resolution.--The term `covered
joint resolution' means only a joint resolution of
either House of Congress--
``(i) introduced not later than 14 calendar
days after the date on which Congress receives
a notification under subsection (d)(2) relating
to a covered refusal; and
``(ii) the sole matter after the resolving
clause of which is as follows: `That the
President shall declare a major disaster under
section 401 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C.
5170) relating to _______', the blanks being
filled in with a description of the disaster
that is the subject of the covered refusal.
``(B) Covered refusal.--The term `covered refusal'
has the meaning given the term in subsection (d).
``(2) Introduction.--A covered joint resolution may be
introduced--
``(A) in the House of Representatives, by the
majority leader (or the majority leader's designee) or
the minority leader (or the minority leader's
designee); and
``(B) in the Senate, by the majority leader (or the
majority leader's designee) or the minority leader (or
the minority leader's designee).
``(3) Floor consideration in house of representatives.--
``(A) Discharge from committee.--If a committee of
the House of Representatives to which a covered joint
resolution has been referred has not reported the joint
resolution within 2 calendar days after the date of
referral of the joint resolution, the committee shall
be discharged from further consideration of the joint
resolution and the joint resolution shall be placed on
the appropriate calendar.
``(B) Moving to consideration.--At any time after a
covered joint resolution has been placed on the
appropriate calendar, it is in order for the sponsor of
the joint resolution (or a designee) to move for the
consideration of that joint resolution.
``(C) Points of order; motions.--All points of
order against the covered joint resolution and its
consideration are waived. If the motion under
subparagraph (B) is agreed to, the joint resolution
shall remain the unfinished business of the House until
disposed of, except as provided in paragraph (5).
``(D) No amendments.--A covered joint resolution
shall not be subject to amendment in the House of
Representatives.
``(E) Debate.--General debate on a covered joint
resolution shall not exceed 4 hours, which shall be
equally divided and controlled by the sponsor of the
joint resolution (or a designee) and an opponent.
``(F) Final passage.--At the conclusion of debate,
the previous question shall be considered as ordered on
the resolution, and the House of Representatives shall
vote on final passage without intervening motion.
``(4) Consideration in the senate.--
``(A) Reporting and discharge.--If the committee of
the Senate to which a covered joint resolution was
referred has not reported the joint resolution within 2
calendar days after the date of referral of the joint
resolution, that committee shall be discharged from
further consideration of the joint resolution and the
joint resolution shall be placed on the appropriate
calendar.
``(B) Proceeding to consideration.--Notwithstanding
Rule XXII of the Standing Rules of the Senate, it is in
order at any time after the committee of the Senate to
which a covered joint resolution was referred reports
the joint resolution to the Senate or has been
discharged from consideration of the joint resolution
(even though a previous motion to the same effect has
been disagreed to) to move to proceed to the
consideration of the joint resolution, and all points
of order against the joint resolution (and against
consideration of the joint resolution) are waived. The
motion to proceed is not debatable. The motion is not
subject to a motion to postpone.
``(C) No amendments.--An amendment to a covered
joint resolution, or a motion to postpone, or a motion
to proceed to the consideration of other business, or a
motion to recommit a covered joint resolution, is not
in order.
``(D) Consideration.--
``(i) Limitation on debate.--Consideration
in the Senate of a covered joint resolution
shall be limited to not more than 10 hours,
which shall be equally divided between, and
controlled by, the majority leader and the
minority leader, or by their designees.
``(ii) Vote on adoption.--Whenever all the
time for debate on a covered joint resolution
has been used or yielded back, the vote on the
passage of the resolution shall occur without
any intervening motion or amendment, except
that a single quorum call at the conclusion of
the debate if requested in accordance with the
Rules of the Senate may occur immediately
before such vote.
``(E) Rulings of the chair on procedure.--Appeals
from the decisions of the Chair relating to the
application of the rules of the Senate, as the case may
be, to the procedure relating to a covered joint
resolution shall be decided without debate.
``(F) Consideration of veto messages.--Debate in
the Senate of any veto message with respect to a
covered joint resolution, including all debatable
motions and appeals in connection with the joint
resolution, shall be limited to 10 hours, to be equally
divided between, and controlled by, the majority leader
and the minority leader or their designees.
``(5) Rules relating to senate and house of
representatives.--
``(A) Treatment of senate joint resolution in
house.--In the House of Representatives, the following
procedures shall apply to a covered joint resolution
received from the Senate (unless the House has already
passed a joint resolution relating to the same proposed
action):
``(i) The joint resolution shall be
referred to the appropriate committees.
``(ii) If a committee to which a joint
resolution has been referred has not reported
the joint resolution within 2 calendar days
after the date of referral, that committee
shall be discharged from further consideration
of the joint resolution.
``(iii) Beginning on the third legislative
day after the committee to which a joint
resolution has been referred reports the joint
resolution to the House or has been discharged
from further consideration thereof, it shall be
in order to move to proceed to consider the
joint resolution in the House. All points of
order against the motion are waived. Such a
motion shall not be in order after the House
has disposed of a motion to proceed on the
joint resolution. The previous question shall
be considered as ordered on the motion to its
adoption without intervening motion. The motion
shall not be debatable. A motion to reconsider
the vote by which the motion is disposed of
shall not be in order.
``(iv) The joint resolution shall be
considered as read. All points of order against
the joint resolution and against its
consideration are waived. The previous question
shall be considered as ordered on the joint
resolution to final passage without intervening
motion except 4 hours of debate equally divided
and controlled by the sponsor of the joint
resolution (or a designee) and an opponent. A
motion to reconsider the vote on passage of the
joint resolution shall not be in order.
``(B) Treatment of house joint resolution in
senate.--
``(i) Receipt before passage.--If, before
the passage by the Senate of a covered joint
resolution, the Senate receives an identical
joint resolution from the House of
Representatives, the following procedures shall
apply:
``(I) That joint resolution shall
not be referred to a committee.
``(II) With respect to that joint
resolution--
``(aa) the procedure in the
Senate shall be the same as if
no joint resolution had been
received from the House of
Representatives; but
``(bb) the vote on passage
shall be on the joint
resolution from the House of
Representatives.
``(ii) Receipt after passage.--If,
following passage of a covered joint resolution
in the Senate, the Senate receives an identical
joint resolution from the House of
Representatives, that joint resolution shall be
placed on the appropriate Senate calendar.
``(iii) No companion measure.--If a covered
joint resolution is received from the House,
and no companion joint resolution has been
introduced in the Senate, the Senate procedures
under this subsection shall apply to the House
joint resolution.
``(C) Application to revenue measures.--The
provisions of this paragraph shall not apply in the
House of Representatives to a covered joint resolution
that is a revenue measure.
``(6) Rules of house of representatives and senate.--This
subsection is enacted by Congress--
``(A) as an exercise of the rulemaking power of the
Senate and the House of Representatives, respectively,
and as such is deemed a part of the rules of each
House, respectively, and supersedes other rules only to
the extent that it is inconsistent with such rules; and
``(B) with full recognition of the constitutional
right of either House to change the rules (so far as
relating to the procedure of that House) at any time,
in the same manner, and to the same extent as in the
case of any other rule of that House.''.
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