Title: Real Emergencies Act
Policy area: Emergency Management

Summary:
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]
[S. 3998 Introduced in Senate (IS)]

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117th CONGRESS
  2d Session
                                S. 3998

     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 SENATE OF THE UNITED STATES

                             April 5, 2022

   Mrs. Capito (for herself, Mr. Inhofe, Mr. Cramer, Ms. Lummis, Mr. 
 Boozman, Mr. Wicker, Mr. Barrasso, Mr. Cornyn, Mr. Scott of Florida, 
Mr. Hoeven, Mrs. Blackburn, and Mr. Lankford) introduced the following 
bill; which was read twice and referred to the Committee on Environment 
                            and Public Works

_______________________________________________________________________

                                 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 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 ``Real Emergencies Act''.

SEC. 2. CLARIFICATION OF EXECUTIVE INABILITY TO DECLARE CERTAIN 
              NATIONAL EMERGENCIES, MAJOR DISASTERS, EMERGENCIES, AND 
              PUBLIC HEALTH EMERGENCIES.

    (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 a 
major disaster or emergency under section 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 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 Assistance 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).
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