Washington, D.C. – Today, Congressman Jake Ellzey introduced H.R. 8408, the Federal Mask Mandate Limitations Act, to Congress. This legislation requires Congress to pass a joint resolution in order for an agency to implement a mask mandate. H.R. 8408 restores authority to Congress while reducing the power of the executive branch.

In 2021, President Biden issued the “Executive Order on Promoting COVID-19 Safety in Domestic and International Travel” (EO 13998). This invoked national emergency powers, which required masks on airplanes and other forms of public transportation. Based upon EO 13998, agencies such as the Transportation Security Administration (TSA) and the Center for Disease Control and Prevention (CDC) issued security directives to implement this order. Every 90 days, these agencies issued an extension of these directives. As a result, a federal judge ruled against the federal mask mandate, in essence, confirming the federal government bureaucracy overstepped its authority.

“COVID-19 has shown that the power of the executive branch has gotten out of hand. Three letter agencies are using their discretionary rule-making authority as a way to implement their own laws. That must stop,” said Ellzey. “It’s time for Congress to regain its constitutional power and to play a larger role in executive orders. The Federal Mask Mandate Limitations Act ensures that the elected representatives of the people, not unelected bureaucrats, are making laws.”

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