[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3857 Introduced in House (IH)]

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 
 following 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 provisions 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 Representatives 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''.

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 resolution 
        declaring that, on the basis of any of the Presidential actions 
        described in subsection (b), the President has failed to meet 
        the requirement of section 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 Representatives or the 
        Senate, as the case may be) seeking 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 Presidential actions 
described in this subsection are as follows:
            (1) The promulgation of a regulation or agency 
        administrative guidance.
            (2) The issuance of an Executive order, including an order 
        to not defend a challenge to the constitutionality 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 Senate and House.--This 
section is enacted by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, 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 subsection 
        (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:
            (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 Representatives (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 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.
            (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.
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