Guarding Congressional Authority Act

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- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Guarding Congres- 4 sional Authority Act’’. 5 VerDate Sep 11 2014 00:23 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1410.IH H1410 pbinns on DSK79D2C42PROD with BILLS 2 •HR 1410 IH SEC. 2. SENSE OF CONGRESS. 1 Whereas historical declarations of national emer- 2 gencies set a precedent of ‘‘governing by national emer- 3 gency’’ without approval from Congress; 4 Whereas courts have a limited role with respect to 5 challenges to Federal law; 6 Whereas Congress has failed to guard its own appro- 7 priations authority and has thereby endowed executives 8 with more unchecked power and undedicated funds; 9 Whereas Congress has mistakenly given the executive 10 historically unrestrained authority through the National 11 Emergencies Act of 1976; 12 Whereas the National Emergencies Act has offered 13 the executive billions of dollars without clear conditions 14 that Congress is endowed with the necessary authority to 15 prescribe; 16 Whereas Congress intends to assert its constitutional 17 authority and protect the checks the body was intended 18 to place on the executive branch of government; now there- 19 fore 20 It is the sense of Congress that any executive action 21 issued by the President before, on, or after the date of 22 enactment of this Act that infringes on the powers and 23 duties of Congress under section 8 and section 9 of article 24 I of the Constitution of the United States, or that would 25 require the expenditure of Federal funds not specifically 26 VerDate Sep 11 2014 00:23 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1410.IH H1410 pbinns on DSK79D2C42PROD with BILLS 3 •HR 1410 IH appropriated for the purpose of the executive action, is 1 advisory only and has no force or effect unless enacted 2 as law. 3 SEC. 3. DEFINITION OF EXECUTIVE ACTION. 4 In this Act, the term ‘‘executive action’’ includes an 5 Executive order, memoranda, proclamation, or signing 6 statement. 7 SEC. 4. DEADLINE FOR CONGRESSIONAL APPROVAL. 8 The President must terminate the executive declara- 9 tion of a national emergency under the National Emer- 10 gencies Act after 60 days unless Congress (1) has affirma- 11 tively authorized the action; or (2) has extended the time 12 period by law. 13 Once the President has issued a national emergency 14 declaration under the National Emergencies Act a resolu- 15 tion affirmatively authorizing the action and/or extending 16 the time period shall be the first legislative item consid- 17 ered by the respective bodies with all other legislative ac- 18 tion suspended until such resolution is voted upon by the 19 body. 20 SEC. 5. VITIATION OF EFFECT OF EXECUTIVE ACTION. 21 Any proposed executive action that infringes on the 22 powers and duties of Congress under section 8 and section 23 9 of article I of the Constitution of the United States shall 24 have no force or effect. 25 VerDate Sep 11 2014 00:23 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H1410.IH H1410 pbinns on DSK79D2C42PROD with BILLS 4 •HR 1410 IH SEC. 6. PROHIBITION AGAINST USE OF FUNDS FOR CER- 1 TAIN PURPOSES. 2 No funds appropriated pursuant to any provision of 3 law may be used to promulgate or enforce any proposed 4 executive action that infringes on the powers and duties 5 of Congress under section 8 and section 9 of article I of 6 the Constitution of the United States. 7 SEC. 7. STANDING TO CHALLENGE EXECUTIVE ACTION. 8 A civil action may be brought in an appropriate dis- 9 trict court of the United States to challenge the validity 10 of any proposed executive action which infringes on the 11 powers and duties of Congress under section 8 and section 12 9 of article I of the Constitution of the United States by 13 the following persons: 14 (1) CONGRESS AND ITS MEMBERS.—Any Mem- 15 ber of the House of Representatives or the Senate, 16 or either or both chambers acting pursuant to vote, 17 if the challenged executive action— 18 (A) infringes on the powers and duties of 19 Congress under article I, section 8 and section 20 9 of the Constitution of the United States. 21 Æ VerDate Sep 11 2014 00:23 Mar 14, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H1410.IH H1410 pbinns on DSK79D2C42PROD with BILLS