[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3542 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 3542

  To confer standing on Members of Congress to bring suit in Federal 
   district court to compel compliance with congressional intent in 
   enacting laws to protect the people of the United States against 
                       national security threats.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 28, 2005

Mr. Culberson introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To confer standing on Members of Congress to bring suit in Federal 
   district court to compel compliance with congressional intent in 
   enacting laws to protect the people of the United States against 
                       national security threats.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONGRESSIONAL STANDING TO SEEK JUDICIAL REVIEW.

    (a) Representatives.--Any Member of the House of Representatives, 
and any Delegate or Resident Commissioner to the House of 
Representatives, upon the adoption of a resolution by the House of 
Representatives authorizing suit on behalf of the body, shall have 
standing to bring an action on the ground that action or inaction by an 
officer or employee of the Department of Homeland Security or the 
Department of the Treasury is inconsistent with the intent of the 
Congress, as expressed in the text of the laws referred to in 
subsection (k), and the legislative history of such laws, and to 
enforce compliance with such intent, so as to protect the people of the 
United States against the threat of terrorism, to intercept and 
obstruct acts of terrorism, and to maintain the integrity of the border 
security systems of the United States.
    (b) Senators.--Any Senator, upon the adoption of a resolution by 
the Senate authorizing suit on behalf of the body, shall have standing 
to bring any action on the ground that action or inaction by an officer 
or employee of the Department of Homeland Security or the Department of 
the Treasury is inconsistent with the intent of the Congress, as 
expressed in the text of the laws referred to in subsection (k), and 
the legislative history of such laws, and to enforce compliance with 
such intent, so as to protect the people of the United States against 
the threat of terrorism, to intercept and obstruct acts of terrorism, 
and to maintain the integrity of the border security systems of the 
United States.
    (c) Venue.--An action under subsection (a) or (b) may be brought 
only in a district court of the United States for a judicial district 
that includes, in whole or in part, the geographic area represented by 
one of the authorized plaintiffs.
    (d) Relief.--Relief in any action brought under subsection (a) or 
(b) shall be limited to injunctive relief, declaratory relief, or both.
    (e) No Sanctions for Suit.--No person authorized to bring an action 
under subsection (a) or (b) may be subject to monetary sanctions for 
bringing, or participating in, such action.
    (f) Expedition.--A court having jurisdiction over an action brought 
under this section shall take all necessary and appropriate actions to 
advance on the docket and to expedite to the greatest possible extent 
the disposition of any matter brought under this section.
    (g) Legal Representation.--A person bringing an action under 
subsection (a) or (b) shall be represented by the United States 
attorney for the judicial district in which the action is brought, 
unless another provision of law prohibits such representation.
    (h) Cumulative Rights.--The rights created by this section are in 
addition to the rights of any person under law.
    (i) Intervention.--A copy of any complaint in an action brought 
under this section shall be promptly delivered to the Secretary of the 
Senate and Clerk of the House of Representatives, and each House of 
Congress shall have the right to intervene in any such action upon the 
adoption of a resolution by the body authorizing intervention on behalf 
of the body.
    (j) Severability.--If any provision of this section, or the 
application of such provision to any person or circumstance, is held 
invalid, the remainder of this section, or the application of such 
provision to persons or circumstances other than those to which such 
provision is held invalid, shall not be affected thereby.
    (k) Laws.--The laws referred to in this subsection are the 
following:
            (1) The Immigration and Nationality Act (8 U.S.C. 1101 et 
        seq.).
            (2) The Homeland Security Act of 2002 (6 U.S.C. 101 et 
        seq.).
            (3) The Anti-Terrorism and Effective Death Penalty Act of 
        1996 (Public Law 104-132).
            (4) The Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (Public Law 104-193).
            (5) The Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208).
            (6) The Uniting and Strengthening America by Providing 
        Appropriate Tools Required to Intercept and Obstruct Terrorism 
        (USA PATRIOT ACT) Act of 2001 (Public Law 107-56).
            (7) Provisions of law amended by the Acts referred to in 
        paragraphs (1) through (6).
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