[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4138 Referred in Senate (RFS)]
113th CONGRESS
2d Session
H. R. 4138
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 13, 2014
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To protect the separation of powers in the Constitution of the United
States by ensuring that the President takes care that the laws be
faithfully executed, and for other 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 ``Executive Needs to Faithfully
Observe and Respect Congressional Enactments of the Law Act of 2014''
or the ``ENFORCE the Law Act of 2014''.
SEC. 2. AUTHORIZATION TO BRING CIVIL ACTION FOR VIOLATION OF THE TAKE
CARE CLAUSE.
(a) In General.--Upon the adoption of a resolution of a House of
Congress declaring that the President, the head of any department or
agency of the United States, or any other officer or employee of the
United States has established or implemented a formal or informal
policy, practice, or procedure to refrain from enforcing, applying,
following, or administering any provision of a Federal statute, rule,
regulation, program, policy, or other law in violation of the
requirement that the President take care that the laws be faithfully
executed under Article II, section 3, clause 5, of the Constitution of
the United States, that House is authorized to bring a civil action in
accordance with subsection (c), and to seek relief pursuant to sections
2201 and 2202 of title 28, United States Code. A civil action brought
pursuant to this subsection may be brought by a single House or both
Houses of Congress jointly, if both Houses have adopted such a
resolution.
(b) Resolution Described.--For the purposes of subsection (a), the
term ``resolution'' means only a resolution--
(1) the title of which is as follows: ``Relating to the
application of Article II, section 3, clause 5, of the
Constitution of the United States.'';
(2) which does not have a preamble; and
(3) the matter after the resolving clause which is as
follows: ``That _______ has failed to meet the requirement of
Article II, section 3, clause 5, of the Constitution of the
United States to take care that a law be faithfully executed,
with respect to _________.'' (the blank spaces being
appropriately filled in with the President or the person on
behalf of the President, and the administrative action in
question described in subsection (a), respectively).
(c) Special Rules.--If the House of Representatives or the Senate
brings a civil action pursuant to subsection (a), the following rules
shall apply:
(1) The action shall be filed in a United States district
court of competent jurisdiction and shall be heard by a 3-judge
court convened pursuant to section 2284 of title 28, United
States Code.
(2) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of appeal
within 10 days, and the filing of a jurisdictional statement
within 30 days, of the entry of the final decision.
(3) It shall be the duty of the United States district
courts and the Supreme Court of the United States to advance on
the docket and to expedite to the greatest possible extent the
disposition of any such action and appeal.
SEC. 3. REPORT.
Not later than the last day of the first fiscal year quarter that
begins after the date of the enactment of this Act, and quarterly
thereafter, the Comptroller General of the United States shall submit
to the Committees on the Judiciary of the House of Representatives and
the Senate, a report on the costs of any civil action brought pursuant
to this Act, including any attorney fees of any attorney
that has been hired to provide legal services in connection with a
civil action brought pursuant to this Act.
Passed the House of Representatives March 12, 2014.
Attest:
KAREN L. HAAS,
Clerk.