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8/13/2019 Rice STOP Resolution

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(Original Signature of Member)

113TH CONGRESS1ST SESSION H. RES. ll

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

Mr. RICE of South Carolina submitted the following resolution; which was

referred to the Committee on lllllllllllllll

RESOLUTIONDirecting 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 Obamas continuing failure tofaithfully execute the laws, his administrations actions

cannot be addressed by the enactment of new laws, be-

cause 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 legisla-

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tive remedy to prevent the establishment of what is in ef-

fect an imperial presidency; and

Whereas it is therefore necessary and appropriate for Con-

gress to turn to the courts to ensure the faithful execu-tion of the laws as required by the Constitution: Now,

therefore, be it

Resolved,1

SECTION 1. DIRECTING CIVIL ACTION BY HOUSE OF REP-2

RESENTATIVES IN RESPONSE TO CERTAIN3

EXECUTIVE BRANCH ACTIONS.4

(a) CIVIL ACTION.The House of Representatives5

shall bring a civil action in the United States District6

Court for the District of Columbia for declaratory or in-7

junctive relief to challenge any of the following policies or8

actions:9

(1) The policy of the Department of Health and10

Human Services that, with respect to health insur-11

ance coverage that is renewed for a policy year dur-12

ing the period beginning January 1, 2014, and end-13

ing October 1, 2014, health insurance issuers may14

continue to offer coverage that would otherwise be15

terminated or cancelled for being out of compliance16

with various requirements of title XXVII of the Pub-17

lic Health Service Act and corresponding portions of18

the Employee Retirement Income Security Act and19

the Internal Revenue Code of 1986, as announced20



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by the Center for Medicare and Medicaid Services on1

November 14, 2013.2

(2) The 1-year delay in the application of the3

reporting requirements of sections 6055 and 6056 of4

the Internal Revenue Code of 1986 (and related re-5

quirements of section 4980H of such Code), as pro-6

vided under Department of the Treasury Notice7

201345, as announced by the Department of the8

Treasury on July 2, 2013.9

(3) The policy of the Department of Homeland10

Security to exercise prosecutorial discretion with re-11

spect to individuals who came to the United States12

as children, as announced by the Department of13

Homeland Security on June 15, 2012.14

(4) The authorization, approval, renewal, modi-15

fication, or extension of any experimental, pilot, or16

demonstration project under section 1115 of the So-17

cial Security Act (42 U.S.C. 1315) that waives com-18

pliance with a requirement of section 407 of such19

Act (42 U.S.C. 607) through a waiver of section 40220

of such Act (42 U.S.C. 602).21

(b) NO ADDITIONAL FUNDS PROVIDED TO BRING22

ACTIONS.Any amounts obligated or expended by the23

House of Representatives to carry out this resolution dur-24

ing a fiscal year shall be derived from existing appropria-25



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tions for salaries and expenses of the House for that fiscal1

year, and nothing in this resolution may be construed as2

authorizing an increase in the amount of budget authority3

available to the House for that fiscal year.4



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