HR 8577
Disaster Declaration Transparency Act of 2026
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Bill overview
The Disaster Declaration Transparency Act of 2026 aims to increase congressional oversight of the President’s decisions not to declare major disasters. It establishes a process for Congress to override a President’s refusal to declare a disaster, requiring the President to provide a written explanation within 24 hours and then allowing a joint resolution of Congress to be introduced and voted on. This process includes expedited consideration in both the House and Senate, with specific rules designed to ensure a timely resolution.
Key provisions
- Congress can override a President's refusal to declare a major disaster under the Stafford Act.
- The President must provide a written explanation of the refusal within 24 hours.
- A joint resolution of Congress must be introduced within 14 days of the President's refusal.
- The joint resolution must specifically identify the disaster subject to the refusal.
- The House of Representatives has expedited procedures for considering the joint resolution, including discharge of committees.
- The Senate has expedited procedures for considering the joint resolution, including discharge of committees.
- Debate time in both the House and Senate is limited for the joint resolution.
- A covered joint resolution cannot be amended.
Who is affected
- State Governors
- The President
- Congress
- Federal Emergency Management Agency (FEMA)
- Individuals and communities affected by disasters
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119th CONGRESS — 2d Session
H. R. 8577
IN THE HOUSE OF REPRESENTATIVES
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.
This Act may be cited as the Disaster Declaration Transparency Act of 2026
.
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:
In this subsection, the term covered refusal means an instance in which—
the Governor of a State requests a declaration by the President of a major disaster under subsection (a); and
the President declines to declare such a major disaster—
contrary to a recommendation provided by the Administrator of the Federal Emergency Management Agency; or
based on a recommendation by the Administrator of the Federal Emergency Management Agency not to approve the declaration that is contrary to established precedent.
In this subsection:
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
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.
The term covered refusal has the meaning given the term in subsection (d).
A covered joint resolution may be introduced—
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
in the Senate, by the majority leader (or the majority leader's designee) or the minority leader (or the minority leader's designee).
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.
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.
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 of Representatives until disposed of, except as provided in paragraph (5).
A covered joint resolution shall not be subject to amendment in the House of Representatives.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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):
The joint resolution shall be referred to the appropriate committees.
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.
Beginning on the third legislative day after the committee to which a joint resolution has been referred reports the joint resolution to the House of Representatives 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 of Representatives. All points of order against the motion are waived. Such a motion shall not be in order after the House of Representatives 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.
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.
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:
That joint resolution shall not be referred to a committee.
With respect to that joint resolution—
the procedure in the Senate shall be the same as if no joint resolution had been received from the House of Representatives; but
the vote on passage shall be on the joint resolution from the House of Representatives.
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.
If a covered joint resolution is received from the House of Representatives, and no companion joint resolution has been introduced in the Senate, the Senate procedures under this subsection shall apply to the House of Representatives joint resolution.
The provisions of this paragraph shall not apply in the House of Representatives to a covered joint resolution that is a revenue measure.
This subsection is enacted by Congress—
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
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.