The Real Emergencies Act

The Real Emergencies Act

This bill denies the President authority to declare a national emergency, an emergency or major disaster, or a public health emergency on the premise of climate change.

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7404 Introduced in House (IH)]

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117th CONGRESS
  2d Session
                                H. R. 7404

 To clarify the authority of the President to declare certain national 
emergencies under the National Emergencies Act, certain major disasters 
    or emergencies under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, or public health emergencies under the Public 
  Health Service Act on the premise of climate change, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 5, 2022

   Mr. McKinley (for himself, Mr. Pfluger, Mr. Ellzey, Mr. Mast, Mr. 
  Mooney, Mr. Smith of Nebraska, Mr. McClintock, Ms. Herrell, Mr. Van 
 Drew, Mr. Perry, and Mr. Carter of Georgia) introduced the following 
    bill; which was referred to the Committee on Transportation and 
    Infrastructure, and in addition to the Committee on Energy and 
Commerce, for a period to be subsequently determined by the Speaker, in 
   each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
 To clarify the authority of the President to declare certain national 
emergencies under the National Emergencies Act, certain major disasters 
    or emergencies under the Robert T. Stafford Disaster Relief and 
Emergency Assistance Act, or public health emergencies under the Public 
  Health Service Act on the premise of climate change, 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 ``The Real Emergencies Act''.

SEC. 2. CLARIFICATION OF EXECUTIVE AUTHORITY TO DECLARATION OF NATIONAL 
              EMERGENCY, MAJOR DISASTER, EMERGENCY, AND PUBLIC HEALTH 
              EMERGENCY.

    (a) National Emergency.--The President may not declare a national 
emergency under the National Emergencies Act (50 U.S.C. 1601 et seq.) 
on the premise of climate change.
    (b) Major Disaster; Emergency.--The President may not declare an 
emergency or major disaster under the Robert T. Stafford Disaster 
Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.) on the 
premise of climate change.
    (c) Public Health Emergency.--The President may not declare a 
public health emergency under section 319 of the Public Health Service 
Act (42 U.S.C. 247d) on the premise of climate change.
    (d) Savings Clause.--Nothing in this Act shall be construed to 
imply the authority of the President before the date of enactment of 
this Act to declare a national emergency under the National Emergencies 
Act (50 U.S.C. 1601 et seq.), emergency or major disaster under the 
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 
U.S.C. 5121 et seq.), or public health emergency under section 319 of 
the Public Health Service Act (42 U.S.C. 247d) on the premise of 
climate change.
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