WASHINGTON – U.S. Senator John Boozman (R-AR) the Real Emergencies Act, legislation to clarify that the president does not have the authority to declare a national emergency on the premise of climate change.

“The Biden administration has failed to understand the detrimental impact its policies are having on hardworking Arkansas families. Instead of advancing commonsense solutions to increase American-made energy to ease their pain, they are doubling down on a radical agenda that will make it harder for everyday Americans to afford to put food on their tables. This legislation will restrict the president from further damaging the economy and skirting congressional approval,” Boozman said.

The legislation was introduced by U.S. Senator Shelley Moore Capito (R-WV), Ranking Member of the Senate Environment and Public Works Committee. In addition to Boozman, cosponsors of the legislation include U.S. Senators John Barrasso (R-WY), Kevin Cramer (R-ND), John Hoeven (R- ND), Cynthia Lummis (R-WY), Roger Marshall, M.D. (R-KS), Pete Ricketts (R-NE), Dan Sullivan (R-AK), and Roger Wicker (R- MS).

A companion bill has been introduced in the House of Representatives by Congressman August Pfluger (R-Texas-11). 

The Real Emergencies Act would prohibit the president from using the three primary statutory authorities available (the National Emergencies Act, the Stafford Act, and section 319 of the Public Health Service Act) to declare a national emergency solely on the basis of climate change. Actual national emergencies or major disasters (hurricanes, flooding, etc.) may still be declared.