H. R. 4138
IN THE SENATE OF THE UNITED STATES
March 13, 2014
Received; read twice and referred to the Committee on the Judiciary
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.
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.
Authorization to bring civil action for violation of the take care clause
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.
For the purposes of subsection (a), the term resolution means only a resolution—
the title of which is as follows:
Relating to the application of Article II, section 3, clause 5, of the Constitution of the United
which does not have a preamble; and
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).
If the House of Representatives or the Senate brings a civil action pursuant to subsection (a), the following rules shall apply:
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.
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.
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.
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.
Karen L. Haas,