ENFORCE the Law Act of 2014

Bill: 113-hr-4138
Sponsor: full_name: Rep. Gowdy, Trey [R-SC-4]
Introduced: 2014-03-04
Policy area: Government Operations and Politics
Subjects: Administrative law and regulatory procedures

Civil actions and liability

Congressional oversight

Congressional-executive branch relations

Constitution and constitutional amendments

Judicial review and appeals

Legislative rules and procedure

Presidents and presidential powers, Vice Presidents

Supreme Court
Latest action: action_date: 2014-03-13
text: Received in the Senate and Read twice and referred to the Committee on the Judiciary.

Summaries:
action_date: 2014-03-04
action_desc: Introduced in House
text: <p>Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2014 or the ENFORCE the Law Act of 2014 - Authorizes either chamber of Congress, upon adoption of a resolution declaring that the President or any officer or employee of the United States has established or implemented a policy, practice, or procedure to refrain from enforcing, applying, following, or administering any federal statute, rule, regulation, program, policy, or other law in violation of the constitutional requirement that the President faithfully execute the laws of the United States, to bring a civil action for a declaratory judgment to that effect.</p> <p> Grants jurisdiction to a three-judge panel of a U.S. district court to hear such civil action and provides for an expedited direct appeal to the U.S. Supreme Court.</p>

action_date: 2014-03-07
action_desc: Reported to House without amendment
text: <p><b>(This measure has not been amended since it was introduced. The summary of that version is repeated here.)</b></p> <p>Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2014 or the ENFORCE the Law Act of 2014 - Authorizes either chamber of Congress, upon adoption of a resolution declaring that the President or any officer or employee of the United States has established or implemented a policy, practice, or procedure to refrain from enforcing, applying, following, or administering any federal statute, rule, regulation, program, policy, or other law in violation of the constitutional requirement that the President faithfully execute the laws of the United States, to bring a civil action for a declaratory judgment to that effect.</p> <p> Grants jurisdiction to a three-judge panel of a U.S. district court to hear such civil action and provides for an expedited direct appeal to the U.S. Supreme Court.</p>

action_date: 2014-03-12
action_desc: Passed House amended
text: <p>Executive Needs to Faithfully Observe and Respect Congressional Enactments of the Law Act of 2014 or the ENFORCE the Law Act of 2014 - Authorizes either chamber of Congress, upon adoption of a resolution declaring that the President or any officer or employee of the United States has established or implemented a policy, practice, or procedure to refrain from enforcing, applying, following, or administering any federal statute, rule, regulation, program, policy, or other law in violation of the constitutional requirement that the President faithfully execute the laws of the United States, to bring a civil action for a declaratory judgment to that effect.</p> <p>Grants jurisdiction to a three-judge panel of a U.S. district court to hear such civil action and provides for an expedited direct appeal to the U.S. Supreme Court.</p> <p>Requires the Comptroller General (GAO) to submit quarterly reports to the congressional judiciary committees on the costs of any civil action brought under this Act, incuding any&nbsp;attorney fees paid in connection with any such action.</p>

tv_txt: IB 113th CONGRESS 2d Session H. R. 4138 IN THE HOUSE OF REPRESENTATIVES 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.

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 . 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. 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. Karen L. Haas, Clerk.

tv_txt: I 113th CONGRESS 2d Session H. R. 4138 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. 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 . 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.

tv_txt: IIB 113th CONGRESS 2d Session H. R. 4138 IN THE SENATE OF THE UNITED STATES March 13, 2014 Received; read twice and referred to the Committee on the Judiciary 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.

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 . 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. 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. Karen L. Haas, Clerk

tv_txt: IB Union Calendar No. 281 113th CONGRESS 2d Session H. R. 4138 [Report No. 113–377] 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 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. 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 . 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.

March 7, 2014 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed