Library / Laws / 118th / hr / H.R. 4300 / Introduced in House
I
118th CONGRESS
1st Session
H. R. 4300
IN THE HOUSE OF REPRESENTATIVES
June 22, 2023Mr. Pfluger (for himself, Mr. Hern, Mr. Reschenthaler, Mrs. Miller of Illinois, Mr. Perry, Mr. McClintock, Mr. Steube, Mr. Good of Virginia, Mr. Arrington, Mr. Weber of Texas, Mr. Babin, Mr. Higgins of Louisiana, Mr. Meuser, Mr. Donalds, Mr. Duncan, Mr. Palmer, Mr. Rouzer, and Ms. Van Duyne) 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 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).