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1 1 (July 26, 2022)

handle is hein.crs/govehzw0001 and id is 1 raw text is: \Congressional ____ ~ Research Service Presidential Declaration of Climate Emergency: NEA and Stafford Act July 26, 2022 This Insight provides selected considerations related to the President's ability to declare a climate emergency under the National Emergencies Act (NEA; 50 U.S.C. @§1601 et seq.) and/or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act; 42 U.S.C. §§5121 et seq.). Table 1 lists key features of each declaration. National Climate Emergency Declaration During the week of July 18, 2022, media sources reported that President Joseph R. Biden Jr. was contemplating declaring a national climate emergency to address the nationwide effects of climate change. The reports did not specify the authority the President was considering leveraging. Potential vehicles include declaration authorities provided under the NEA and/or the Stafford Act. NEA Declaration of Emergency President Biden likely could declare a national emergency pursuant to the NEA regarding the effects of climate change on the United States. Although no previous President has ever declared a national emergency under the NEA related to climate change or the environment, the statute does not explicitly preclude such a declaration. When declaring a national emergency under the NEA, the President generally activates one or more emergency authorities (also referred to as standby authorities), which may also be invoked subsequent to the declaration. Many of these emergency authorities are found in the US. Code, and they may be related to, for example, public health, asset management, or international relations. More than 100 standby authorities are available. It is possible that some could be used to address climate change, depending on legal interpretations and limitations on such authorities. Congressional Research Service https://crsreports.congress.gov IN11972 CRS INSIGHT Prepared for Members and Committees of Congress

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