I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Guarding Congres5 sional Authority Act’’. 


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1 SEC. 2. SENSE OF CONGRESS. 

2 Whereas historical declarations of national emer3 gencies set a precedent of ‘‘governing by national emer4 gency’’ without approval from Congress; 

5 Whereas courts have a limited role with respect to 

6 challenges to Federal law; 

7 Whereas Congress has failed to guard its own appro8 priations authority and has thereby endowed executives 

9 with more unchecked power and undedicated funds; 

10 Whereas Congress has mistakenly given the executive 

11 historically unrestrained authority through the National 

12 Emergencies Act of 1976; 

13 Whereas the National Emergencies Act has offered 

14 the executive billions of dollars without clear conditions 

15 that Congress is endowed with the necessary authority to 

16 prescribe; 

17 Whereas Congress intends to assert its constitutional 

18 authority and protect the checks the body was intended 

19 to place on the executive branch of government; now there20 fore 

21 It is the sense of Congress that any executive action 

22 issued by the President before, on, or after the date of 

23 enactment of this Act that infringes on the powers and 

24 duties of Congress under section 8 and section 9 of article 

25 I of the Constitution of the United States, or that would 

26 require the expenditure of Federal funds not specifically 


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1 appropriated for the purpose of the executive action, is 

2 advisory only and has no force or effect unless enacted 

3 as law. 

4 SEC. 3. DEFINITION OF EXECUTIVE ACTION. 

5 In this Act, the term ‘‘executive action’’ includes an 

6 Executive order, memoranda, proclamation, or signing 

7 statement. 

8 SEC. 4. DEADLINE FOR CONGRESSIONAL APPROVAL. 

9 The President must terminate the executive declara10 tion of a national emergency under the National Emer11 gencies Act after 60 days unless Congress (1) has affirma12 tively authorized the action; or (2) has extended the time 

13 period by law. 

14 Once the President has issued a national emergency 

15 declaration under the National Emergencies Act a resolu16 tion affirmatively authorizing the action and/or extending 

17 the time period shall be the first legislative item consid18 ered by the respective bodies with all other legislative ac19 tion suspended until such resolution is voted upon by the 

20 body. 

21 SEC. 5. VITIATION OF EFFECT OF EXECUTIVE ACTION. 

22 Any proposed executive action that infringes on the 

23 powers and duties of Congress under section 8 and section 

24 9 of article I of the Constitution of the United States shall 

25 have no force or effect. 


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1 SEC. 6. PROHIBITION AGAINST USE OF FUNDS FOR CER2 TAIN PURPOSES. 

3 No funds appropriated pursuant to any provision of 

4 law may be used to promulgate or enforce any proposed 

5 executive action that infringes on the powers and duties 

6 of Congress under section 8 and section 9 of article I of 

7 the Constitution of the United States. 

8 SEC. 7. STANDING TO CHALLENGE EXECUTIVE ACTION. 

9 A civil action may be brought in an appropriate dis10 trict court of the United States to challenge the validity 

11 of any proposed executive action which infringes on the 

12 powers and duties of Congress under section 8 and section 

13 9 of article I of the Constitution of the United States by 

14 the following persons: 

15 (1) CONGRESS AND ITS MEMBERS.—Any Mem16 ber of the House of Representatives or the Senate, 

17 or either or both chambers acting pursuant to vote, 

18 if the challenged executive action— 

19 (A) infringes on the powers and duties of 

20 Congress under article I, section 8 and section 

21 9 of the Constitution of the United States. 

Æ 


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