[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 442 Introduced in House (IH)]

113th CONGRESS
  1st Session
H. RES. 442

  Directing the House of Representatives to bring a civil action for 
  declaratory or injunctive relief to challenge certain policies and 
                 actions taken by the executive branch.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 12, 2013

      Mr. Rice of South Carolina (for himself, Mrs. Bachmann, Mr. 
Bridenstine, Mr. Chaffetz, Mr. Duncan of South Carolina, Mr. DeSantis, 
Mr. Franks of Arizona, Mr. Gowdy, Mr. Harris, Mr. Lamborn, Mr. LaMalfa, 
 Mr. Marino, Mr. McClintock, Mr. Meadows, Mr. Nunnelee, Mr. Pittenger, 
 Mr. Posey, Mr. Price of Georgia, Mr. Ribble, Mr. Salmon, Mr. Sanford, 
 Mr. Schweikert, Mr. Stewart, Mr. Stockman, Mr. Walberg, Mr. Weber of 
 Texas, Mr. Wenstrup, Mr. Williams, Mr. Wilson of South Carolina, and 
Mr. Yoho) submitted the following resolution; which was referred to the 
     Committee on Rules, and in addition to the Committee on House 
   Administration, 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

_______________________________________________________________________

                               RESOLUTION


 
  Directing the House of Representatives to bring a civil action for 
  declaratory or injunctive relief to challenge certain policies and 
                 actions taken by the executive branch.

Whereas President Obama and officials in his administration have frequently 
        overstepped the limits placed on executive branch power by the 
        Constitution;
Whereas because of President Obama's continuing failure to faithfully execute 
        the laws, his administration's actions cannot be addressed by the 
        enactment of new laws, because Congress cannot assume that the President 
        will execute the new laws any more faithfully than the laws he has 
        already ignored, leaving Congress with no legislative remedy to prevent 
        the establishment of what is in effect an imperial presidency; and
Whereas it is therefore necessary and appropriate for Congress to turn to the 
        courts to ensure the faithful execution of the laws as required by the 
        Constitution: Now, therefore, be it
    Resolved,

SECTION 1. DIRECTING CIVIL ACTION BY HOUSE OF REPRESENTATIVES IN 
              RESPONSE TO CERTAIN EXECUTIVE BRANCH ACTIONS.

    (a) Civil Action.--The House of Representatives shall bring a civil 
action in the United States District Court for the District of Columbia 
for declaratory or injunctive relief to challenge any of the following 
policies or actions:
            (1) The policy of the Department of Health and Human 
        Services that, with respect to health insurance coverage that 
        is renewed for a policy year during the period beginning 
        January 1, 2014, and ending October 1, 2014, health insurance 
        issuers may continue to offer coverage that would otherwise be 
        terminated or cancelled for being out of compliance with 
        various requirements of title XXVII of the Public Health 
        Service Act and corresponding portions of the Employee 
        Retirement Income Security Act and the Internal Revenue Code of 
        1986, as announced by the Center for Medicare and Medicaid 
        Services on November 14, 2013.
            (2) The 1-year delay in the application of the reporting 
        requirements of sections 6055 and 6056 of the Internal Revenue 
        Code of 1986 (and related requirements of section 4980H of such 
        Code), as provided under Department of the Treasury Notice 
        2013-45, as announced by the Department of the Treasury on July 
        2, 2013.
            (3) The policy of the Department of Homeland Security to 
        exercise prosecutorial discretion with respect to individuals 
        who came to the United States as children, as announced by the 
        Department of Homeland Security on June 15, 2012.
            (4) The authorization, approval, renewal, modification, or 
        extension of any experimental, pilot, or demonstration project 
        under section 1115 of the Social Security Act (42 U.S.C. 1315) 
        that waives compliance with a requirement of section 407 of 
        such Act (42 U.S.C. 607) through a waiver of section 402 of 
        such Act (42 U.S.C. 602).
    (b) No Additional Funds Provided To Bring Actions.--Any amounts 
obligated or expended by the House of Representatives to carry out this 
resolution during a fiscal year shall be derived from existing 
appropriations for salaries and expenses of the House for that fiscal 
year, and nothing in this resolution may be construed as authorizing an 
increase in the amount of budget authority available to the House for 
that fiscal year.
                                 <all>