[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4321 Introduced in House (IH)]

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114th CONGRESS
  2d Session
                                H. R. 4321

 To provide that any executive action that infringes on the powers and 
duties of Congress under section 8 of article I of the Constitution of 
the United States or on the Second Amendment to the Constitution of the 
United States has no force or effect, and to prohibit the use of funds 
                         for certain purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 6, 2016

Mr. Stutzman (for himself, Mr. Boustany, Mr. Brady of Texas, Mr. Carter 
 of Georgia, Mr. Culberson, Mr. Gosar, Mr. Guinta, Mr. Huelskamp, Mr. 
 Flores, Mr. Loudermilk, Mr. Fincher, Mr. Jody B. Hice of Georgia, Mr. 
LaMalfa, Mr. Ratcliffe, Mr. Schweikert, Mr. Zinke, Mr. Bridenstine, Mr. 
 Franks of Arizona, Mr. Joyce, Mr. Tom Price of Georgia, Mr. Brooks of 
Alabama, Mr. Byrne, Mr. Conaway, Mr. Johnson of Ohio, Mr. Grothman, Mr. 
Newhouse, Mr. Cole, Mr. Burgess, Mr. Palazzo, Mr. Palmer, Mr. Miller of 
    Florida, Mr. Westerman, Mr. Rouzer, Mr. Rogers of Alabama, Mr. 
Sessions, Mr. Mullin, Mr. Walker, Mr. Babin, Mrs. Blackburn, Mr. Poe of 
  Texas, Mr. Aderholt, Mr. Weber of Texas, Mr. Shimkus, Mr. Duncan of 
Tennessee, Mr. Graves of Missouri, Mrs. Lummis, Mr. Bucshon, Mr. Lucas, 
  Mr. Barton, Mrs. Walorski, Mr. Collins of New York, Mr. Harper, Mr. 
 Hultgren, Mr. Gibbs, Mr. Rooney of Florida, Mr. Lamborn, Mr. Chabot, 
Mr. Walberg, Mr. Labrador, Mr. Wilson of South Carolina, Mr. Benishek, 
 Mr. Abraham, and Mr. Latta) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide that any executive action that infringes on the powers and 
duties of Congress under section 8 of article I of the Constitution of 
the United States or on the Second Amendment to the Constitution of the 
United States 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''.

SEC. 2. SENSE OF CONGRESS.

    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 of the United States or the Second 
Amendment to the Constitution of the United States, 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.

SEC. 3. DEFINITION OF EXECUTIVE ACTION.

    In this Act, the term ``executive action'' includes an Executive 
order, memoranda, proclamation, or signing statement.

SEC. 4. 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 of the United States or the Second Amendment to the 
Constitution of the United States shall have no force or effect.

SEC. 5. 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 of the United States or the Second Amendment to the 
Constitution of the United States.

SEC. 6. STANDING TO CHALLENGE EXECUTIVE ACTION.

    A civil action may be brought in an appropriate district court of 
the United States 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 of the United States or the Second 
Amendment to the Constitution of the United States by the following 
persons:
            (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 of the 
                United States; or
                    (B) violates the Second Amendment to the 
                Constitution of the United States.
            (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 of the 
        challenged executive action with respect to a liberty or 
        property interest adversely affected directly by the executive 
        action.
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