I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. CONGRESSIONAL STANDING TO SEEK JUDICIAL 

4 REVIEW. 

5 (a) REPRESENTATIVES.—Any Member of the House 

6 of Representatives, and any Delegate or Resident Commis7 sioner to the House of Representatives, upon the adoption 

8 of a resolution by the House of Representatives author-
2 

•HR 3542 IH 

1 izing suit on behalf of the body, shall have standing to 

2 bring an action on the ground that action or inaction by 

3 an officer or employee of the Department of Homeland 

4 Security or the Department of the Treasury is inconsistent 

5 with the intent of the Congress, as expressed in the text 

6 of the laws referred to in subsection (k), and the legislative 

7 history of such laws, and to enforce compliance with such 

8 intent, so as to protect the people of the United States 

9 against the threat of terrorism, to intercept and obstruct 

10 acts of terrorism, and to maintain the integrity of the bor11 der security systems of the United States. 

12 (b) SENATORS.—Any Senator, upon the adoption of 

13 a resolution by the Senate authorizing suit on behalf of 

14 the body, shall have standing to bring any action on the 

15 ground that action or inaction by an officer or employee 

16 of the Department of Homeland Security or the Depart17 ment of the Treasury is inconsistent with the intent of 

18 the Congress, as expressed in the text of the laws referred 

19 to in subsection (k), and the legislative history of such 

20 laws, and to enforce compliance with such intent, so as 

21 to protect the people of the United States against the 

22 threat of terrorism, to intercept and obstruct acts of ter23 rorism, and to maintain the integrity of the border secu24 rity systems of the United States. 
3 

•HR 3542 IH 

1 (c) VENUE.—An action under subsection (a) or (b) 

2 may be brought only in a district court of the United 

3 States for a judicial district that includes, in whole or in 

4 part, the geographic area represented by one of the au5 thorized plaintiffs. 

6 (d) RELIEF.—Relief in any action brought under sub7 section (a) or (b) shall be limited to injunctive relief, de8 claratory relief, or both. 

9 (e) NO SANCTIONS FOR SUIT.—No person authorized 

10 to bring an action under subsection (a) or (b) may be sub11 ject to monetary sanctions for bringing, or participating 

12 in, such action. 

13 (f) EXPEDITION.—A court having jurisdiction over an 

14 action brought under this section shall take all necessary 

15 and appropriate actions to advance on the docket and to 

16 expedite to the greatest possible extent the disposition of 

17 any matter brought under this section. 

18 (g) LEGAL REPRESENTATION.—A person bringing an 

19 action under subsection (a) or (b) shall be represented by 

20 the United States attorney for the judicial district in 

21 which the action is brought, unless another provision of 

22 law prohibits such representation. 

23 (h) CUMULATIVE RIGHTS.—The rights created by 

24 this section are in addition to the rights of any person 

25 under law. 
4 

•HR 3542 IH 

1 (i) INTERVENTION.—A copy of any complaint in an 

2 action brought under this section shall be promptly deliv3 ered to the Secretary of the Senate and Clerk of the House 

4 of Representatives, and each House of Congress shall have 

5 the right to intervene in any such action upon the adoption 

6 of a resolution by the body authorizing intervention on be7 half of the body. 

8 (j) SEVERABILITY.—If any provision of this section, 

9 or the application of such provision to any person or cir10 cumstance, is held invalid, the remainder of this section, 

11 or the application of such provision to persons or cir12 cumstances other than those to which such provision is 

13 held invalid, shall not be affected thereby. 

14 (k) LAWS.—The laws referred to in this subsection 

15 are the following: 

16 (1) The Immigration and Nationality Act (8 

17 U.S.C. 1101 et seq.). 

18 (2) The Homeland Security Act of 2002 (6 

19 U.S.C. 101 et seq.). 

20 (3) The Anti-Terrorism and Effective Death 

21 Penalty Act of 1996 (Public Law 104–132). 

22 (4) The Personal Responsibility and Work Op23 portunity Reconciliation Act of 1996 (Public Law 

24 104–193). 
5 

•HR 3542 IH 

1 (5) The Illegal Immigration Reform and Immi2 grant Responsibility Act of 1996 (division C of Pub3 lic Law 104–208). 

4 (6) The Uniting and Strengthening America by 

5 Providing Appropriate Tools Required to Intercept 

6 and Obstruct Terrorism (USA PATRIOT ACT) Act 

7 of 2001 (Public Law 107–56). 

8 (7) Provisions of law amended by the Acts re9 ferred to in paragraphs (1) through (6). 

Æ