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.