Page:United States Statutes at Large Volume 90 Part 1.djvu/1170

 90 STAT. 1120

28 USC 2284 °ote.

PUBLIC LAW 94-381—AUG. 12, 1976 SEC. 5. (a) Section 2403 of title 28, United States Code is amended— (1) by inserting the subsection " (a) " immediately before "In" and (2) by adding at the end thereof the following new subsection: "(b) In any action, suit, or proceeding in a court of the United States to which a State or any agency, officer, or employee thereof is not a party, wherein the constitutionality of any statute of that State affecting the public interest is drawn in question, the court shall certify such fact to the attorney general of the State, and shall permit the State to intervene for presentation of evidence, if evidence is otherwise admissible in the case, and for argument on the question of constitutionality. The State shall, subject to the applicable provisions of law, have all the rights of a party and be subject to all liabilities of a party as to court costs to the extent necessary for a proper presentation of the facts and law relating to the question of constitutionality.", (b) The catchline to section 2403 of title 28, United States Code, is amended to read as follows: ^§ 2403. Intervention by United States or a State; constitutional question*'. SEC. 6. Item 2403 of the analysis of chapter 161, of title 28, United States Code, is amended to read as follows: "2403. Intervention by United States or a State; constitutional question.". SEC. 7. This Act shall not apply to any action commenced on or before the date of enactment. Approved August 12, 1976.

LEGISLATIVE HISTORY: HOUSE REPORT No. 94-1379 accompanying H.R. 6150 (Coram, on the Judiciary). SENATE REPORT No. 94-204 (Comm. on the Judiciary). CONGRESSIONAL RECORD: Vol. 121 (1975): June 20, considered and passed Senate. Vol. 122 (1976): Aug. 2, considered and passed House, in lieu of H.R. 6150.

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