[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2118 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2118

     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

                             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.

    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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