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 con-
gressional 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 Representa-
tives 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 Commis-
sioner to the House of Representatives, upon the adoption 
of a resolution by the House of Representatives author-
izing 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 bor-
der 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 Depart-
ment 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 ter-
rorism, and to maintain the integrity of the border secu-
rity 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 au-
thorized plaintiffs. 
(d) RELIEF.—Relief in any action brought under sub-
section (a) or (b) shall be limited to injunctive relief, de-
claratory relief, or both. 
(e) NO SANCTIONS FOR SUIT.—No person authorized 
to bring an action under subsection (a) or (b) may be sub-
ject 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 deliv-
ered 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 be-
half of the body. 
(j) SEVERABILITY.—If any provision of this section, 
or the application of such provision to any person or cir-
cumstance, is held invalid, the remainder of this section, 
or the application of such provision to persons or cir-
cumstances 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 Op-
portunity Reconciliation Act of 1996 (Public Law 
104–193).
(5) The Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division C of Pub-
lic 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 re-
ferred to in paragraphs (1) through (6). 
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