IB 

Union Calendar No. 281 

113TH CONGRESS 

2D SESSION H. R. 4138 

[Report No. 113–377] 

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 

MARCH 7, 2014 

Additional sponsors: Mrs. WAGNER, Mr. POE of Texas, Mr. WESTMORELAND, 

Mr. RIGELL, and Mr. SESSIONS

MARCH 7, 2014 

Committed to the Committee of the Whole House on the State of the Union 

and ordered to be printed 


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•HR 4138 RH

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. 


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•HR 4138 RH

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 Enact6 ments of the Law Act of 2014’’ or the ‘‘ENFORCE the 

7 Law Act of 2014’’. 

8 SEC. 2. AUTHORIZATION TO BRING CIVIL ACTION FOR VIO9 LATION OF THE TAKE CARE CLAUSE. 

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

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

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

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

14 established or implemented a formal or informal policy, 

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

16 following, or administering any provision of a Federal 

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

18 violation of the requirement that the President take care 

19 that the laws be faithfully executed under article II, sec20 tion 3, clause 5, of the Constitution of the United States, 

21 that House is authorized to bring a civil action in accord22 ance with subsection (c), and to seek relief pursuant to 

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

24 A civil action brought pursuant to this subsection may be 


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1 brought by a single House or both Houses of Congress 

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

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

4 subsection (a), the term ‘‘resolution’’ means only a resolu5 tion— 

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

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

8 the Constitution of the United States.’’; 

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

10 (3) the matter after the resolving clause which 

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

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

13 5, of the Constitution of the United States to take 

14 care that a law be faithfully executed, with respect 

15 to lllllllll.’’ (the blank spaces being 

16 appropriately filled in with the President or the per17 son on behalf of the President, and the administra18 tive action in question described in subsection (a), 

19 respectively). 

20 (c) SPECIAL RULES.—If the House of Representa21 tives or the Senate brings a civil action pursuant to sub22 section (a), the following rules shall apply: 

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

24 district court of competent jurisdiction and shall be 


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1 heard by a 3-judge court convened pursuant to sec2 tion 2284 of title 28, United States Code. 

3 (2) A final decision in the action shall be re4 viewable only by appeal directly to the Supreme 

5 Court of the United States. Such appeal shall be 

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

7 days, and the filing of a jurisdictional statement 

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

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

10 district courts and the Supreme Court of the United 

11 States to advance on the docket and to expedite to 

12 the greatest possible extent the disposition of any 

13 such action and appeal. 


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Union Calendar No. 281 

113TH CONGRESS 

2D SESSION H. R. 4138 

[Report No. 113–377] 

A BILL 

To protect the separation of powers in the Confully executed, and for other purposes. the President takes care that the laws be faith- stitution of the United States by ensuring that 

MARCH 7, 2014 

Committed to the Committee of the Whole House on the 

State of the Union and ordered to be printed 


emcdonald on DSK67QTVN1PROD with BILLS