United States HR 7404: The Real Emergencies Act

Bill Text

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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-1
tives of the United States of America in Congress assembled, 2
SECTION 1. SHORT TITLE. 3
This Act may be cited as the ‘‘The Real Emergencies 4
Act’’. 5
SEC. 2. CLARIFICATION OF EXECUTIVE AUTHORITY TO 6
DECLARATION OF NATIONAL EMERGENCY, 7
MAJOR DISASTER, EMERGENCY, AND PUBLIC 8
HEALTH EMERGENCY. 9
(a) NATIONAL EMERGENCY.—The President may not 10
declare a national emergency under the National Emer-11
gencies Act (50 U.S.C. 1601 et seq.) on the premise of 12
climate change. 13
(b) MAJOR DISASTER; EMERGENCY.—The President 14
may not declare an emergency or major disaster under the 15
Robert T. Stafford Disaster Relief and Emergency Assist-16
ance Act (42 U.S.C. 5121 et seq.) on the premise of cli-17
mate change. 18
(c) PUBLIC HEALTH EMERGENCY.—The President 19
may not declare a public health emergency under section 20
319 of the Public Health Service Act (42 U.S.C. 247d) 21
on the premise of climate change. 22
(d) SAVINGS CLAUSE.—Nothing in this Act shall be 23
construed to imply the authority of the President before 24
the date of enactment of this Act to declare a national 25
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emergency under the National Emergencies Act (50 1
U.S.C. 1601 et seq.), emergency or major disaster under 2
the Robert T. Stafford Disaster Relief and Emergency As-3
sistance Act (42 U.S.C. 5121 et seq.), or public health 4
emergency under section 319 of the Public Health Service 5
Act (42 U.S.C. 247d) on the premise of climate change. 6
Æ
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