Guarding Congressional Authority Act

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1410 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 1410

  To prohibit the continuation of an executive emergency declaration 
    under the National Emergencies Act absent approval by Congress.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2019

Mr. Reed (for himself, Mr. Curtis, Mr. Hurd of Texas, Mr. Fitzpatrick, 
Mr. Mooney of West Virginia, Mr. Upton, Mr. Gottheimer, Mr. O'Halleran, 
Mr. Lipinski, Mrs. Murphy, Mrs. Luria, Mr. Carbajal, Mrs. Dingell, Mr. 
    Schrader, Mr. Posey, Mr. Suozzi, Mr. Harder of California, Ms. 
  Spanberger, Mr. Gonzalez of Texas, and Mrs. Rodgers of Washington) 
 introduced the following bill; which was referred to the Committee on 
the Judiciary, and in addition to the Committees on Transportation and 
 Infrastructure, and Foreign Affairs, 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 prohibit the continuation of an executive emergency declaration 
    under the National Emergencies Act absent approval by Congress.

    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 ``Guarding Congressional Authority 
Act''.

SEC. 2. SENSE OF CONGRESS.

    Whereas historical declarations of national emergencies set a 
precedent of ``governing by national emergency'' without approval from 
Congress;
    Whereas courts have a limited role with respect to challenges to 
Federal law;
    Whereas Congress has failed to guard its own appropriations 
authority and has thereby endowed executives with more unchecked power 
and undedicated funds;
    Whereas Congress has mistakenly given the executive historically 
unrestrained authority through the National Emergencies Act of 1976;
    Whereas the National Emergencies Act has offered the executive 
billions of dollars without clear conditions that Congress is endowed 
with the necessary authority to prescribe;
    Whereas Congress intends to assert its constitutional authority and 
protect the checks the body was intended to place on the executive 
branch of government; now therefore
    It is the sense of Congress that any executive action issued by the 
President before, on, or after the date of enactment of this Act that 
infringes on the powers and duties of Congress under section 8 and 
section 9 of article I of the Constitution of the United States, or 
that would require the expenditure of Federal funds not specifically 
appropriated for the purpose of the executive action, is advisory only 
and has no force or effect unless enacted as law.

SEC. 3. DEFINITION OF EXECUTIVE ACTION.

    In this Act, the term ``executive action'' includes an Executive 
order, memoranda, proclamation, or signing statement.

SEC. 4. DEADLINE FOR CONGRESSIONAL APPROVAL.

    The President must terminate the executive declaration of a 
national emergency under the National Emergencies Act after 60 days 
unless Congress (1) has affirmatively authorized the action; or (2) has 
extended the time period by law.
    Once the President has issued a national emergency declaration 
under the National Emergencies Act a resolution affirmatively 
authorizing the action and/or extending the time period shall be the 
first legislative item considered by the respective bodies with all 
other legislative action suspended until such resolution is voted upon 
by the body.

SEC. 5. VITIATION OF EFFECT OF EXECUTIVE ACTION.

    Any proposed executive action that infringes on the powers and 
duties of Congress under section 8 and section 9 of article I of the 
Constitution of the United States shall have no force or effect.

SEC. 6. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN PURPOSES.

    No funds appropriated pursuant to any provision of law may be used 
to promulgate or enforce any proposed executive action that infringes 
on the powers and duties of Congress under section 8 and section 9 of 
article I of the Constitution of the United States.

SEC. 7. STANDING TO CHALLENGE EXECUTIVE ACTION.

    A civil action may be brought in an appropriate district court of 
the United States to challenge the validity of any proposed executive 
action which infringes on the powers and duties of Congress under 
section 8 and section 9 of article I of the Constitution of the United 
States by the following persons:
            (1) Congress and its members.--Any Member of the House of 
        Representatives or the Senate, or either or both chambers 
        acting pursuant to vote, if the challenged executive action--
                    (A) infringes on the powers and duties of Congress 
                under article I, section 8 and section 9 of the 
                Constitution of the United States.
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