The Real Emergencies Act

Bill: 117-hr-7404
Sponsor: full_name: Rep. McKinley, David B. [R-WV-1]
Introduced: 2022-04-05
Policy area: Emergency Management
Subjects: Air quality

Climate change and greenhouse gases

Disaster relief and insurance

Emergency medical services and trauma care

Infectious and parasitic diseases

Presidents and presidential powers, Vice Presidents

War and emergency powers
Latest action: action_date: 2022-04-06
text: Referred to the Subcommittee on Health.

Summaries:
action_date: 2022-04-05
action_desc: Introduced in House
text: <p><strong>The Real Emergencies Act</strong></p> <p>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.</p>

tv_txt: I 117th CONGRESS 2d Session H. R. 7404 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.

1. Short title This Act may be cited as the The Real Emergencies Act . 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.