117 S3998 IS: Real Emergencies Act U.S. Senate 2022-04-05 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II117th CONGRESS2d SessionS. 3998IN THE SENATE OF THE UNITED STATESApril 5, 2022Mrs. 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 WorksA BILLTo 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).