I 

113TH CONGRESS 

2D SESSION H. R. 4138 

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. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 4, 2014 

Mr. GOWDY (for himself, Mr. ISSA, Mr. GOODLATTE, Mr. GERLACH, Mr. 

SMITH of Texas, Mr. FORBES, Mr. FRANKS of Arizona, Mr. JORDAN, Mr. 

CHAFFETZ, Mr. COLLINS of Georgia, Mr. SMITH of Missouri, Mrs. 

BLACK, Mr. SENSENBRENNER, Mr. CHABOT, Mr. KELLY of Pennsylvania, Mr. DUNCAN of South Carolina, Mr. LABRADOR, and Mr. BACHUS) introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

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. 

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 ‘‘Executive Needs to 

5 Faithfully Observe and Respect Congressional EnactVerDate Mar 15 2010 03:13 Mar 05, 2014 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H4138.IH H4138

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1 ments of the Law Act of 2014’’ or the ‘‘ENFORCE the 

2 Law Act of 2014’’. 

3 SEC. 2. AUTHORIZATION TO BRING CIVIL ACTION FOR VIO4 LATION OF THE TAKE CARE CLAUSE. 

5 (a) IN GENERAL.—Upon the adoption of a resolution 

6 of a House of Congress declaring that the President, the 

7 head of any department or agency of the United States, 

8 or any other officer or employee of the United States has 

9 established or implemented a formal or informal policy, 

10 practice, or procedure to refrain from enforcing, applying, 

11 following, or administering any provision of a Federal 

12 statute, rule, regulation, program, policy, or other law in 

13 violation of the requirement that the President take care 

14 that the laws be faithfully executed under article II, sec15 tion 3, clause 5, of the Constitution of the United States, 

16 that House is authorized to bring a civil action in accord17 ance with subsection (c), and to seek relief pursuant to 

18 sections 2201 and 2202 of title 28, United States Code. 

19 A civil action brought pursuant to this subsection may be 

20 brought by a single House or both Houses of Congress 

21 jointly, if both Houses have adopted such a resolution. 

22 (b) RESOLUTION DESCRIBED.—For the purposes of 

23 subsection (a), the term ‘‘resolution’’ means only a resolu24 tion— 


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1 (1) the title of which is as follows: ‘‘Relating to 

2 the application of article II, section 3, clause 5, of 

3 the Constitution of the United States.’’; 

4 (2) which does not have a preamble; and 

5 (3) the matter after the resolving clause which 

6 is as follows: ‘‘That lllllll has failed to 

7 meet the requirement of article II, section 3, clause 

8 5, of the Constitution of the United States to take 

9 care that a law be faithfully executed, with respect 

10 to lllllllll.’’ (the blank spaces being 

11 appropriately filled in with the President or the per12 son on behalf of the President, and the administra13 tive action in question described in subsection (a), 

14 respectively). 

15 (c) SPECIAL RULES.—If the House of Representa16 tives or the Senate brings a civil action pursuant to sub17 section (a), the following rules shall apply: 

18 (1) The action shall be filed in a United States 

19 district court of competent jurisdiction and shall be 

20 heard by a 3-judge court convened pursuant to sec21 tion 2284 of title 28, United States Code. 

22 (2) A final decision in the action shall be re23 viewable only by appeal directly to the Supreme 

24 Court of the United States. Such appeal shall be 

25 taken by the filing of a notice of appeal within 10 


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1 days, and the filing of a jurisdictional statement 

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

3 (3) It shall be the duty of the United States 

4 district courts and the Supreme Court of the United 

5 States to advance on the docket and to expedite to 

6 the greatest possible extent the disposition of any 

7 such action and appeal. 

Æ 


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