[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2118 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2118

 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 SENATE OF THE UNITED STATES

                             March 12, 2014

Mr. Blunt (for himself, Mr. Cornyn, Mr. Scott, Mr. Moran, Mr. Paul, Mr. 
 Thune, Mr. Vitter, Ms. Murkowski, Mr. Kirk, Mr. Crapo, Mr. Barrasso, 
   Mr. Johanns, Mr. Coburn, Mr. Wicker, Mr. Coats, Mr. Cochran, Mr. 
    Grassley, Mr. Alexander, Ms. Ayotte, Mr. Graham, Mr. Hatch, Mr. 
   Boozman, Mr. Enzi, Mrs. Fischer, and Mr. Isakson) introduced the 
 following bill; which was read twice and 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.

    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) Authorization.--
            (1) 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 may bring a civil action in 
        accordance with subsection (b) (including an action seeking 
        relief under sections 2201 and 2202 of title 28, United States 
        Code). A civil action brought under this paragraph may be 
        brought by a single House of Congress or both Houses of 
        Congress jointly, if both Houses have adopted such a 
        resolution.
            (2) Resolution described.--For the purposes of paragraph 
        (1), the term ``resolution'' means only a resolution--
                    (A) 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.'';
                    (B) which does not have a preamble; and
                    (C) the matter after the resolving clause of 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 identity of the 
                person acting on behalf of the President, and the 
                administrative action in question described in 
                paragraph (1), respectively).
    (b) Special Rules.--In any civil action brought by the Senate or 
the House of Representatives under subsection (a)(1)--
            (1) the civil action--
                    (A) may be filed in a United States district court 
                of competent jurisdiction; and
                    (B) shall be heard by a 3-judge court convened in 
                accordance with section 2284 of title 28, United States 
                Code;
            (2) a final decision in the civil action shall be 
        reviewable only by appeal directly to the Supreme Court of the 
        United States;
            (3) an appeal described in paragraph (2) 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; and
            (4) 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 extent possible the 
        disposition of the civil action and appeal.
                                 <all>