I 
117TH CONGRESS 
2D SESSION 
H. R. 7404 
To clarify the authority of the President to declare certain national emer-
gencies under the National Emergencies Act, certain major disasters 
or emergencies under the Robert T. Stafford Disaster Relief and Emer-
gency 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 fol-
lowing bill; which was referred to the Committee on Transportation and 
Infrastructure, and in addition to the Committee on Energy and Com-
merce, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion 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 As-
sistance Act, or public health emergencies under the Pub-
lic Health Service Act on the premise of climate change, 
and for other purposes. 
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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 ‘‘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 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 an emergency or major disaster under the 
Robert T. Stafford Disaster Relief and Emergency Assist-
ance Act (42 U.S.C. 5121 et seq.) on the premise of cli-
mate 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 
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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 As-
sistance 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. 
Æ 
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