I 
115TH CONGRESS 
1ST SESSION H. R. 4070 
To amend title 28, United States Code, to enhance Congress’ ability to 
defend its legislative power under Article I of the Constitution in litiga-
tion in the courts of the United States, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 16, 2017 
Mr. GOODLATTE introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 28, United States Code, to enhance Congress’ 
ability to defend its legislative power under Article I 
of the Constitution in litigation in the courts of the 
United States, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Article I Amicus and 
Intervention Act of 2017’’. 
SEC. 2. CONGRESSIONAL INTERVENTION AS OF RIGHT. 
(a) DEADLINE FOR REPORT ON LIMITATION ON EN-
FORCEMENT
OF
LAWS.—Paragraph (2) of section 
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530D(b) of title 28, United States Code, is amended to 
read as follows: 
‘‘(2) under subsection (a)(1)(B), within such 
time as will reasonably enable the House of Rep-
resentatives and the Senate to take action, sepa-
rately or jointly, to intervene in a timely fashion in 
the proceeding, but in no event— 
‘‘(A) later than 30 days after the making 
of each determination; and 
‘‘(B) later than 21 days before any appli-
cable deadline for filing any pleading nec-
essary— 
‘‘(i) to defend or assert the constitu-
tionality of the provision at issue; or 
‘‘(ii) to request review of any judicial, 
administrative, or other determination ad-
versely affecting the constitutionality of 
such provision;’’. 
(b) INTERVENTION AS OF RIGHT.—Section 530D of 
title 28, United States Code, is amended by adding at the 
end the following: 
‘‘(f) INTERVENTION AS OF RIGHT.—The Senate or 
House of Representatives may intervene as of right in any 
proceeding referenced in subsection (a)(1)(B) in order to 
defend or assert the constitutionality of any provision of 
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any Federal statute, rule, regulation, program, policy, or 
other law, or to appeal or request review of any judicial, 
administrative, or other determination adversely affecting 
the constitutionality of any such provision. Notwith-
standing any otherwise applicable time limits or other pro-
visions of law to the contrary, if such intervention is filed 
not later than 21 days after receipt of the notice required 
by this section the intervention shall be deemed timely and 
shall preserve the right of the Senate or House of Rep-
resentatives to advance any applicable legal arguments in 
favor of the constitutionality of any such provision.’’. 
SEC. 3. INTERVENTION AND AMICUS AUTHORITY FOR 
HOUSE OF REPRESENTATIVES. 
Section 101 of the Legislative Branch Appropriations 
Act, 2000 (2 U.S.C. 5571), is amended— 
(1) by striking subsection (d); and 
(2) by inserting after subsection (b) the fol-
lowing (and redesignating succeeding subsections ac-
cordingly): 
‘‘(c) HOUSE OF REPRESENTATIVES INTERVENTION 
AND AMICUS AUTHORITY.— 
‘‘(1) ACTIONS
OR
PROCEEDINGS.—When di-
rected to do so in accordance with the Rules of the 
House of Representatives, the General Counsel of 
the House of Representatives shall intervene or ap-
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pear as amicus curiae in the name of the House, or 
in the name of an officer, committee, subcommittee, 
or chair of a committee or subcommittee of the 
House, or other entity of the House, in any legal ac-
tion or proceeding pending in any court of the 
United States or of a State or political subdivision 
thereof. 
‘‘(2) INTERVENTION
OR
APPEARANCE
AS
OF 
RIGHT.—Intervention as a party or appearance as 
amicus curiae shall be of right and may be denied 
by a court only upon an express finding that such 
intervention or appearance is untimely and would 
significantly delay the pending action or, in the case 
of intervention, that standing to intervene is re-
quired and has not been established under section 2 
of article III of the Constitution of the United 
States. 
‘‘(3) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to confer standing on 
any party seeking to bring, or jurisdiction on any 
court with respect to, any civil or criminal action 
against Congress, either House of Congress, a Mem-
ber of Congress, a committee or subcommittee of a 
House of Congress, any office or agency of Con-
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gress, or any officer or employee of a House of Con-
gress or any office or agency of Congress.’’. 
Æ 
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