Article I Amicus and Intervention Act of 2017

Article I Amicus and Intervention Act of 2017

This bill provides additional statutory authority for Congress to participate in judicial proceedings involving the constitutionality of a federal law.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4070 Introduced in House (IH)]

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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 
 litigation 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 Representatives 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 Enforcement of Laws.--
Paragraph (2) of section 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 Representatives and the Senate 
        to take action, separately 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 applicable 
                deadline for filing any pleading necessary--
                            ``(i) to defend or assert the 
                        constitutionality of the provision at issue; or
                            ``(ii) to request review of any judicial, 
                        administrative, or other determination 
                        adversely 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 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. 
Notwithstanding any otherwise applicable time limits or other 
provisions 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 Representatives 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 following (and 
        redesignating succeeding subsections accordingly):
    ``(c) House of Representatives Intervention and Amicus Authority.--
            ``(1) Actions or proceedings.--When directed to do so in 
        accordance with the Rules of the House of Representatives, the 
        General Counsel of the House of Representatives shall intervene 
        or appear 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 action 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 required 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 
        Member of Congress, a committee or subcommittee of a House of 
        Congress, any office or agency of Congress, or any officer or 
        employee of a House of Congress or any office or agency of 
        Congress.''.
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