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The Real Emergencies Act

H.R. 7404 · 117th Congress · Apr 5, 2022 · Lineage

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.

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.