Requires the House of Representatives to bring a civil action in the U.S. District Court for the District of Columbia for declaratory or injunctive relief to challenge any of the following policies or actions:
Derives any amounts obligated or expended by the House to carry out this resolution during a fiscal year from existing appropriations for House salaries and expenses for that fiscal year.
Provides that 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.
[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>
Introduced in House
Introduced in House
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.
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.
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