Guarding Congressional Authority Act

To prohibit the continuation of an executive emergency declaration under the National Emergencies Act absent approval by Congress. 1. Short title This Act may be cited as the Guarding Congressional Authority Act 2. Sense of Congress Whereas historical declarations of national emergencies set a precedent of governing by national emergency 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. 3. Definition of executive action In this Act, the term executive action 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. 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. 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. 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.

Summary: Guarding Congressional Authority Act This bill sets limits on the President's authority to declare a national emergency under the National Emergencies Act. The President must terminate the executive declaration of a national emergency after 60 days unless Congress has affirmatively authorized the action or has extended the time period. Any proposed executive action that infringes on the powers and duties of Congress shall have no force or effect. A civil action may be brought in U.S. district court to challenge the validity of any proposed executive action that infringes on congressional powers and duties by any Member of the House of Representatives or the Senate, or either or both chambers acting pursuant to a vote.