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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4138 Engrossed in House (EH)]

113th CONGRESS
  2d Session
                                H. R. 4138

_______________________________________________________________________

                                 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:

                                                                 Clerk.
113th CONGRESS

  2d Session

                               H. R. 4138

_______________________________________________________________________

                                 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.
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