I 

113TH CONGRESS 

2D SESSION H. R. 3857 

To authorize the House of Representatives and the Senate to bring an 

action seeking declaratory and injunctive relief in response to the failure 

of the President to meet the requirement of the Constitution to faithfully 

execute the law, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2014 

Mr. GERLACH (for himself, Mr. CRAMER, and Mr. TIBERI) introduced the following bill; which was referred to the Committee on the Judiciary, and 

in addition to the Committee on Rules, 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 

A BILL 

To authorize the House of Representatives and the Senate 

to bring an action seeking declaratory and injunctive 

relief in response to the failure of the President to meet 

the requirement of the Constitution to faithfully execute 

the law, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Enforce the Take Care 

5 Clause Act of 2014’’. 


tjames on DSK6SPTVN1PROD with BILLS
2 

•HR 3857 IH

1 SEC. 2. AUTHORIZATION OF HOUSE AND SENATE TO BRING 

2 ACTION IN RESPONSE TO FAILURE OF THE 

3 PRESIDENT TO EXECUTE THE LAW. 

4 (a) AUTHORIZATION.— 

5 (1) IN GENERAL.—Upon the adoption of a reso6 lution declaring that, on the basis of any of the 

7 Presidential actions described in subsection (b), the 

8 President has failed to meet the requirement of sec9 tion 3 of article II of the Constitution of the United 

10 States to take care that a law be faithfully executed, 

11 the House of Representatives or the Senate may 

12 bring an action (in the name of the House of Rep13 resentatives or the Senate, as the case may be) seek14 ing declaratory and injunctive relief to compel the 

15 President to faithfully execute that law. 

16 (2) THRESHOLD FOR VOTE ON RESOLUTION.— 

17 The House of Representatives or the Senate shall 

18 not be considered to have adopted a resolution under 

19 this section unless the resolution is approved by not 

20 fewer than 60 percent of the members present and 

21 voting. 

22 (b) PRESIDENTIAL ACTIONS DESCRIBED.—The Pres23 idential actions described in this subsection are as follows: 

24 (1) The promulgation of a regulation or agency 

25 administrative guidance. 


tjames on DSK6SPTVN1PROD with BILLS
3 

•HR 3857 IH

1 (2) The issuance of an Executive order, includ2 ing an order to not defend a challenge to the con3 stitutionality of a law and an order to not enforce 

4 a law. 

5 (3) The issuance of a signing statement with 

6 respect to the enactment of a law. 

7 (c) EXERCISE OF RULEMAKING AUTHORITY OF SEN8 ATE AND HOUSE.—This section is enacted by Congress— 

9 (1) as an exercise of the rulemaking power of 

10 the Senate and House of Representatives, respec11 tively, and as such it is deemed a part of the rules 

12 of each House, respectively, but applicable only with 

13 respect to the procedure to be followed in that 

14 House in the case of a resolution described in sub15 section (a), and it supersedes other rules only to the 

16 extent that it is inconsistent with such rules; and 

17 (2) with full recognition of the constitutional 

18 right of either House to change the rules (so far as 

19 relating to the procedure of that House) at any time, 

20 in the same manner, and to the same extent as in 

21 the case of any other rule of that House. 

22 SEC. 3. SPECIAL RULES APPLICABLE TO ACTIONS. 

23 The following rules shall apply with respect to any 

24 action brought by the House of Representatives or Senate 

25 pursuant to the authority of section 2: 


tjames on DSK6SPTVN1PROD with BILLS
4 

•HR 3857 IH

1 (1) The action shall be filed in the United 

2 States District Court for the District of Columbia, 

3 and shall be heard not later than 30 days after the 

4 action is filed by a 3-judge court convened pursuant 

5 to section 2284 of title 28, United States Code. 

6 (2) A copy of the complaint shall be delivered 

7 promptly to the Clerk of the House of Representa8 tives (in the case of an action brought by the House) 

9 and the Secretary of the Senate (in the case of an 

10 action brought by the Senate). 

11 (3) A final decision in the action shall be issued 

12 not later than 90 days after the action is filed and 

13 shall be reviewable only by appeal directly to the Su14 preme Court of the United States. Such appeal shall 

15 be taken by the filing of a notice of appeal within 

16 10 days, and the filing of a jurisdictional statement 

17 within 30 days, of the entry of the final decision. 

18 (4) It shall be the duty of the United States 

19 District Court for the District of Columbia and the 

20 Supreme Court of the United States to advance on 

21 the docket and to expedite to the greatest possible 

22 extent the disposition of the action and appeal. 

Æ 


tjames on DSK6SPTVN1PROD with BILLS