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. ROD-
GERS 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 consider-
ation of such provisions as fall within the jurisdiction of the committee 
concerned 
A BILL 
To prohibit the continuation of an executive emergency dec-
laration under the National Emergencies Act absent ap-
proval by Congress. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Guarding Congres-
sional Authority Act’’. 
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SEC. 2. SENSE OF CONGRESS. 
Whereas historical declarations of national emer-
gencies set a precedent of ‘‘governing by national emer-
gency’’ 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 appro-
priations 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 there-
fore 
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 
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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 declara-
tion of a national emergency under the National Emer-
gencies Act after 60 days unless Congress (1) has affirma-
tively 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 resolu-
tion affirmatively authorizing the action and/or extending 
the time period shall be the first legislative item consid-
ered by the respective bodies with all other legislative ac-
tion 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. 
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SEC. 6. PROHIBITION AGAINST USE OF FUNDS FOR CER-
TAIN 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 dis-
trict 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 Mem-
ber 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. 
Æ 
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