[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 82 Placed on Calendar Senate (PCS)]

                                                         Calendar No. 4
113th CONGRESS
  1st Session
                                 S. 82

To provide that any executive action infringing on the Second Amendment 
 has no force or effect, and to prohibit the use of funds for certain 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 23 (legislative day, January 3), 2013

 Mr. Paul introduced the following bill; which was read the first time

                            January 28, 2013

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
To provide that any executive action infringing on the Second Amendment 
 has no force or effect, and to prohibit the use of funds for certain 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Separation of Powers Restoration and 
Second Amendment Protection Act of 2013''.

SEC. 2. SENSE OF CONGRESS.

    (a) In General.--That 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 of article I of the Constitution or the Second 
Amendment to the Constitution, or that would require the expenditure of 
Federal funds not specifically appropriated for the purpose of the 
executive action, is advisory only and has no force or effect unless 
enacted as law.
    (b) Definition of Executive Action.--In this Act, the term 
``executive action'' includes an Executive order, memoranda, 
proclamation, or signing statement.

SEC. 3. VITIATION OF EFFECT OF EXECUTIVE ACTION.

    Any existing or proposed executive action that infringes on the 
powers and duties of Congress under section 8 of article I of the 
Constitution or the Second Amendment to the Constitution shall have no 
force or effect.

SEC. 4. PROHIBITION AGAINST USE OF FUNDS FOR CERTAIN PURPOSES.

    No funds appropriated pursuant to any provision of law may be used 
to promulgate or enforce any executive action that infringes on the 
powers and duties of Congress under section 8 of article I of the 
Constitution or the Second Amendment to the Constitution.

SEC. 5. STANDING TO CHALLENGE EXECUTIVE ACTION WHICH IMPACT ARTICLE I, 
              SECTION 8 OF THE CONSTITUTION OR THE SECOND AMENDMENT TO 
              THE CONSTITUTION.

    The following persons may bring an action in an appropriate United 
States court to challenge the validity of any executive action which 
infringes on the powers and duties of Congress under section 8 of 
article I of the Constitution or the Second Amendment to the 
Constitution.
            (1) Congress and its members.--Any member 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 of the Constitution; or
                    (B) violates the Second Amendment to the 
                Constitution.
            (2) State and local governments.--The highest governmental 
        official of any State, commonwealth, district, territory, or 
        possession of the United States, or any political subdivision 
        thereof, or the designee of such person, if the challenged 
        executive action infringes on a power of such State or on a 
        power afforded to such commonwealth, district, territory, or 
        possession under any congressional enactment or relevant treaty 
        of the United States.
            (3) Aggrieved persons.--Any person aggrieved in a liberty 
        or property interest adversely affected directly by the 
        challenged executive action.
                                                         Calendar No. 4

113th CONGRESS

  1st Session

                                 S. 82

_______________________________________________________________________

                                 A BILL

To provide that any executive action infringing on the Second Amendment 
 has no force or effect, and to prohibit the use of funds for certain 
                               purposes.

_______________________________________________________________________

                            January 28, 2013

            Read the second time and placed on the calendar