I 
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. CAR-
TER 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. CON-
AWAY, Mr. JOHNSON of Ohio, Mr. GROTHMAN, Mr. NEWHOUSE, Mr. 
COLE, Mr. BURGESS, Mr. PALAZZO, Mr. PALMER, Mr. MILLER of Flor-
ida, Mr. WESTERMAN, Mr. ROUZER, Mr. ROGERS of Alabama, Mr. SES-
SIONS, 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 Com-
mittee 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 
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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 Representa-
tives 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 Con-
stitution 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 in-
fringes on the powers and duties of Congress under section 
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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 CER-
TAIN 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 Constitu-
tion of the United States. 
SEC. 6. STANDING TO CHALLENGE EXECUTIVE ACTION. 
A civil action may be brought in an appropriate dis-
trict 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 Con-
stitution 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 Mem-
ber of the House of Representatives or the Senate, 
or either or both chambers acting pursuant to vote, 
if the challenged executive action— 
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(A) infringes on the powers and duties of 
Congress under article I, section 8 of the Con-
stitution 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, common-
wealth, district, territory, or possession of the 
United States, or any political subdivision thereof, or 
the designee of such person, if the challenged execu-
tive action infringes on a power of such State or on 
a power afforded to such commonwealth, district, 
territory, or possession under any congressional en-
actment or relevant treaty of the United States. 
(3) AGGRIEVED
PERSONS.—Any person ag-
grieved of the challenged executive action with re-
spect to a liberty or property interest adversely af-
fected directly by the executive action. 
Æ 
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