I 
118TH CONGRESS 
1ST SESSION H. R. 4300 
To clarify the inability of the President to declare national emergencies 
under the National Emergencies Act, major disasters or emergencies 
under the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act, and public health emergencies under the Public Health Service 
Act on the premise of climate change, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 22, 2023 
Mr. PFLUGER (for himself, Mr. HERN, Mr. RESCHENTHALER, Mrs. MILLER 
of Illinois, Mr. PERRY, Mr. MCCLINTOCK, Mr. STEUBE, Mr. GOOD of 
Virginia, Mr. ARRINGTON, Mr. WEBER of Texas, Mr. BABIN, Mr. HIG-
GINS of Louisiana, Mr. MEUSER, Mr. DONALDS, Mr. DUNCAN, Mr. 
PALMER, Mr. ROUZER, and Ms. VAN DUYNE) introduced the following 
bill; which was referred to the Committee on Transportation and Infra-
structure, 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 inability of the President to declare national 
emergencies under the National Emergencies Act, major 
disasters or emergencies under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act, and pub-
lic health emergencies under the Public Health Service 
Act on the premise of climate change, and for other 
purposes. 
VerDate Sep 11 2014 
21:53 Jul 18, 2023
Jkt 039200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6652
E:\BILLS\H4300.IH
H4300
kjohnson on DSK79L0C42PROD with BILLS
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Real Emergencies 
Act’’. 
SEC. 2. CLARIFICATION OF EXECUTIVE INABILITY TO DE-
CLARE CERTAIN NATIONAL EMERGENCIES, 
MAJOR DISASTERS, EMERGENCIES, AND PUB-
LIC HEALTH EMERGENCIES. 
(a) NATIONAL EMERGENCY.—The President may not 
declare a national emergency under the National Emer-
gencies Act (50 U.S.C. 1601 et seq.) on the premise of 
climate change. 
(b) MAJOR DISASTER; EMERGENCY.—The President 
may not declare a major disaster or emergency under sec-
tion 401 or 501, respectively, of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 
5170, 5191) 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) RULE OF CONSTRUCTION.—Nothing in this Act 
shall be construed to imply the authority of the President 
VerDate Sep 11 2014 
21:53 Jul 18, 2023
Jkt 039200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H4300.IH
H4300
kjohnson on DSK79L0C42PROD with BILLS
before the date of enactment of this Act to declare, on 
the premise of climate change— 
(1) a national emergency under the National 
Emergencies Act (50 U.S.C. 1601 et seq.); 
(2) a major disaster or emergency under the 
under section 401 or 501, respectively, of the Robert 
T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5170, 5191); or 
(3) a public health emergency under section 
319 of the Public Health Service Act (42 U.S.C. 
247d). 
Æ 
VerDate Sep 11 2014 
21:53 Jul 18, 2023
Jkt 039200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6301
E:\BILLS\H4300.IH
H4300
kjohnson on DSK79L0C42PROD with BILLS