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 fol-
lowing 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 provi-
sions 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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Enforce the Take Care 
Clause Act of 2014’’. 
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SEC. 2. AUTHORIZATION OF HOUSE AND SENATE TO BRING 
ACTION IN RESPONSE TO FAILURE OF THE 
PRESIDENT TO EXECUTE THE LAW. 
(a) AUTHORIZATION.— 
(1) IN GENERAL.—Upon the adoption of a reso-
lution declaring that, on the basis of any of the 
Presidential actions described in subsection (b), the 
President has failed to meet the requirement of sec-
tion 3 of article II of the Constitution of the United 
States to take care that a law be faithfully executed, 
the House of Representatives or the Senate may 
bring an action (in the name of the House of Rep-
resentatives or the Senate, as the case may be) seek-
ing declaratory and injunctive relief to compel the 
President to faithfully execute that law. 
(2) THRESHOLD FOR VOTE ON RESOLUTION.— 
The House of Representatives or the Senate shall 
not be considered to have adopted a resolution under 
this section unless the resolution is approved by not 
fewer than 60 percent of the members present and 
voting. 
(b) PRESIDENTIAL ACTIONS DESCRIBED.—The Pres-
idential actions described in this subsection are as follows: 
(1) The promulgation of a regulation or agency 
administrative guidance. 
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(2) The issuance of an Executive order, includ-
ing an order to not defend a challenge to the con-
stitutionality of a law and an order to not enforce 
a law. 
(3) The issuance of a signing statement with 
respect to the enactment of a law. 
(c) EXERCISE OF RULEMAKING AUTHORITY OF SEN-
ATE AND HOUSE.—This section is enacted by Congress— 
(1) as an exercise of the rulemaking power of 
the Senate and House of Representatives, respec-
tively, and as such it is deemed a part of the rules 
of each House, respectively, but applicable only with 
respect to the procedure to be followed in that 
House in the case of a resolution described in sub-
section (a), and it supersedes other rules only to the 
extent that it is inconsistent with such rules; and 
(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner, and to the same extent as in 
the case of any other rule of that House. 
SEC. 3. SPECIAL RULES APPLICABLE TO ACTIONS. 
The following rules shall apply with respect to any 
action brought by the House of Representatives or Senate 
pursuant to the authority of section 2: 
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(1) The action shall be filed in the United 
States District Court for the District of Columbia, 
and shall be heard not later than 30 days after the 
action is filed by a 3-judge court convened pursuant 
to section 2284 of title 28, United States Code. 
(2) A copy of the complaint shall be delivered 
promptly to the Clerk of the House of Representa-
tives (in the case of an action brought by the House) 
and the Secretary of the Senate (in the case of an 
action brought by the Senate). 
(3) A final decision in the action shall be issued 
not later than 90 days after the action is filed and 
shall be reviewable only by appeal directly to the Su-
preme 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. 
(4) It shall be the duty of the United States 
District Court for the District of Columbia and the 
Supreme Court of the United States to advance on 
the docket and to expedite to the greatest possible 
extent the disposition of the action and appeal. 
Æ 
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