HR 1410 · 116th Congress 2019–2021, ended

Guarding Congressional Authority Act

Introduced Feb 27, 2019 Originated House Sponsor Tom Reed R-NY

Fact sheet Spreadsheet

Latest action · Apr 8, 2019 Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedFeb 27, 2019
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

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.

    Cosponsors 23

    Members who signed on, in the order they did. Signatures ran from Feb 27, 2019 to Apr 4, 2019; 19 are original cosponsors, there from the day it was introduced.

    SeatCosponsorSigned on
    D-VAAbigail Davis SpanbergerOriginalFeb 27, 2019
    R-WVAlexander X. MooneyOriginalFeb 27, 2019
    R-FLBill PoseyOriginalFeb 27, 2019
    R-PABrian K. FitzpatrickOriginalFeb 27, 2019
    R-WACathy McMorris RodgersOriginalFeb 27, 2019
    D-ILDaniel LipinskiOriginalFeb 27, 2019
    D-MIDebbie DingellOriginalFeb 27, 2019
    D-VAElaine G. LuriaOriginalFeb 27, 2019
    R-MIFred UptonOriginalFeb 27, 2019
    R-UTJohn R. CurtisOriginalFeb 27, 2019
    D-NJJosh GottheimerOriginalFeb 27, 2019
    D-CAJosh HarderOriginalFeb 27, 2019
    D-ORKurt SchraderOriginalFeb 27, 2019
    D-CASalud O. CarbajalOriginalFeb 27, 2019
    D-FLStephanie N. MurphyOriginalFeb 27, 2019
    D-NYThomas R. SuozziOriginalFeb 27, 2019
    D-AZTom O'HalleranOriginalFeb 27, 2019
    D-TXVicente GonzalezOriginalFeb 27, 2019
    R-TXWill HurdOriginalFeb 27, 2019
    R-OHSteve StiversMar 6, 2019
    R-NYElise M. StefanikMar 8, 2019
    R-SDDusty JohnsonApr 4, 2019
    D-NJJefferson Van DrewApr 4, 2019

    Committees 3

    Where it was sent and what each committee and subcommittee did with it, in order.

    ChamberCommitteeWhat it did
    HouseJudiciary Committee
    Referred Feb 27, 2019
    Constitution and Limited Government Subcommittee
    Referred Apr 8, 2019
    HouseTransportation and Infrastructure Committee
    Referred Feb 27, 2019
    Economic Development, Public Buildings, and Emergency Management Subcommittee
    Referred Feb 28, 2019
    HouseForeign Affairs Committee
    Referred Feb 27, 2019

    Actions 4

    Everything that happened, newest first.

    1. Apr 8, 2019Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
    2. Feb 28, 2019Referred to the Subcommittee on Economic Development, Public Buildings, and Emergency Management.
    3. Feb 27, 2019Introduced in House
    4. Feb 27, 2019Referred 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.

    In the Congressional Record 1

    Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

    WhereIn the RecordMembersDate
    HouseDebate and remarks H8000, H8003Rob Woodall R-GASep 26, 2019

    Research

    What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

    Constitutional authority

    Congress has the power to enact this legislation pursuant to the following: Article I, Section 8, specifically: Clause 1: The Congress shall have power to lay and collect taxes, duties, imposts and excises, to pay the debts and provide for the common defense and general welfare of the United States; but all duties, imposts and excises shall be uniform throughout the United States. Clause 11: The Congress shall have power to declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water. Clause 18: The Congress shall have power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this Constitution in the government of the United States, or in any department or officer thereof. Article I, Section 9, specifically: Clause 7: No money shall be drawn from the treasury, but in consequence of appropriations made by law; and a regular statement and account of receipts and expenditures of all public money shall be published from time to time.

    The sponsor’s statement, as printed in the Congressional Record, vol. 165, no. 36, February 27, 2019, page H2272.

    Titles 2

    Every title it has carried, official and short, at each stage.

    Official Title as Introduced
    To prohibit the continuation of an executive emergency declaration under the National Emergencies Act absent approval by Congress.
    Short Title(s) as Introduced
    Guarding Congressional Authority Act

    Subjects

    Assigned by the Library of Congress. Policy area: Emergency Management.

    Text 1

    Each version as it was printed, newest first.

    1. Feb 27, 2019Introduced in House

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    Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.