H.R. 43House117th Congress (2021-2023)In Committee

Injunctive Authority Clarification Act of 2021

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Updated February 7, 2026 at 9:06 PM UTC

The Injunctive Authority Clarification Act of 2021 would change federal law to stop U.S. courts from issuing nationwide injunctions that affect people or entities who are not parties to the lawsuit, unless those non‑parties are represented by a party in the case. It amends Title 28 of the United States Code and applies to all federal district courts, including those in U.S. territories. The rule would limit courts’ ability to impose broad relief on outsiders to a case.

Key Provisions

Adds Section 2285 to Title 28, stating that no federal court may issue an order restraining enforcement against a non‑party unless the non‑party is represented by a party acting in a representative capacity under the Federal Rules of Civil Procedure.
Updates the table of sections for Chapter 155 of Title 28 to include the new Section 2285.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee

March 1, 2021

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HouseIntro Referral

Introduced in House

January 4, 2021

HouseIntro Referral

Referred to the House Committee on the Judiciary.

Judiciary Committee

January 4, 2021

HouseCommittee

Referred to the Subcommittee on Courts, Intellectual Property, and the Internet.

Courts, Intellectual Property, Artificial Intelligence, and the Internet Subcommittee

March 1, 2021

Bill Text

Latest available legislative text

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Introduced in HouseIssued January 4, 2021

117th CONGRESS

1st Session

H. R. 43

IN THE HOUSE OF REPRESENTATIVES

January 4, 2021

Mr. Biggs introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 28, United States Code, to prohibit the issuance of national injunctions, and for other purposes.

Short title

This Act may be cited as the Injunctive Authority Clarification Act of 2021.

Orders purporting to restrain enforcement against non-parties

(a)

In general

Chapter 155 of title 28, United States Code, is amended by adding at the end the following:

2285.

Orders purporting to restrain enforcement against non-parties

No court of the United States (and no district court of the Virgin Islands, Guam, or the Northern Mariana Islands) shall issue an order that purports to restrain the enforcement against a non-party of any statute, regulation, order, or similar authority, unless the non-party is represented by a party acting in a representative capacity pursuant to the Federal Rules of Civil Procedure.

(b)

Clerical amendment

The table of sections for chapter 155 of title 28, United States Code, is amended by inserting after the item relating to section 2285 the following:

2285. Orders purporting to restrain enforcement against non-parties.