Real Emergencies Act

Bill: 118-s-2118
Sponsor: full_name: Sen. Capito, Shelley Moore [R-WV]
Introduced: 2023-06-22
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: 2023-06-22
text: Read twice and referred to the Committee on Environment and Public Works.

Summaries:

tv_txt: II 118th CONGRESS 1st Session S. 2118 IN THE SENATE OF THE UNITED STATES June 22, 2023 Mrs. Capito (for herself, Mr. Barrasso , Mr. Sullivan , Mr. Wicker , Mr. Marshall , Ms. Lummis , Mr. Hoeven , Mr. Boozman , Mr. Cramer , and Mr. Ricketts ) 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.

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