[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5220 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5220
To establish a process for expedited consideration of legislation
relating to decisions by the Supreme Court of the United States.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 25, 2024
Mr. Whitehouse (for himself, Ms. Cortez Masto, Mr. Blumenthal, Mr.
Padilla, Ms. Warren, Ms. Hirono, Mr. Wyden, Mr. Welch, Mr. Merkley, and
Mr. Booker) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish a process for expedited consideration of legislation
relating to decisions by the Supreme Court of the United States.
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 ``Supreme Court Review Act of 2024''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered joint resolution'' means a joint
resolution that--
(A) is--
(i) reported by a committee of the Senate
not later than 30 days of session after the
date on which the joint resolution is referred
to committee;
(ii) placed on the calendar in the Senate
in accordance with section 3(a); or
(iii) placed on the calendar in the Senate
in accordance with section 3(c); and
(B) is germane to the covered Supreme Court
decision described in paragraph (3)(A)(i), with respect
to the joint resolution;
(2) the term ``covered Supreme Court decision'' means a
decision of the Supreme Court--
(A) which interprets a provision of Federal
statute; or
(B) which interprets or reinterprets the
Constitution of the United States in a manner that
diminishes an individual right or privilege that is or
was previously protected by the Constitution of the
United States;
(3) the term ``joint resolution'' means only a joint
resolution--
(A) that is introduced during the period--
(i) beginning on the date on which the
Supreme Court issues a covered Supreme Court
decision; and
(ii) ending on the date that is 10 days of
session after the date described in clause (i);
(B) the title of which is as follows: ``Joint
resolution relating to ____'', the blank space being
filled in with the name of the covered Supreme Court
decision described in subparagraph (A)(i); and
(C) which does not have a preamble; and
(4) the term ``Supreme Court'' means the Supreme Court of
the United States.
SEC. 3. RECONSIDERATION OF COVERED SUPREME COURT DECISIONS.
(a) Discharge of Committee in the Senate.--
(1) Motion to discharge.--Upon a motion by the minority
leader or the ranking member of a committee to which a joint
resolution with respect to a covered Supreme Court decision has
been referred, such committee shall be discharged from further
consideration of such joint resolution and the joint resolution
shall be placed on the calendar, if such motion by the minority
leader or the ranking member of such committee is made during
the period--
(A) beginning 30 days of session after the date on
which such joint resolution is referred to such
committee; and
(B) ending on the date that is 10 days of session
after the date described in subparagraph (A).
(2) Limitations.--Only 1 covered joint resolution with
respect to a particular covered Supreme Court decision may be
placed on the calendar in the Senate pursuant to this
subsection.
(b) Expedited Consideration in the Senate.--
(1) Proceeding to consideration.--
(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, in the Senate, it shall
be in order to move to proceed to a covered joint
resolution not later than 10 days of session after the
date on which the covered joint resolution is placed on
the calendar.
(B) Procedure.--Subject to the limitations under
subparagraph (C), for a motion to proceed to the
consideration of a covered joint resolution--
(i) all points of order against the motion
are waived;
(ii) the motion is not debatable;
(iii) the motion is not subject to a motion
to postpone;
(iv) a motion to reconsider the vote by
which the motion is agreed to or disagreed to
shall not be in order; and
(v) if the motion is agreed to, the covered
joint resolution shall remain the unfinished
business until disposed of.
(C) Limitations on motions to proceed.--The
procedures set forth in subparagraph (B) shall apply
only to--
(i) for a covered joint resolution reported
by a committee, a motion to proceed made by the
majority leader, the chair of such committee,
or a designee;
(ii) for a covered joint resolution placed
on the calendar under subsection (a)(1), a
motion to proceed made by the majority leader,
the minority leader, the ranking member
described in subsection (a)(1), or a designee;
or
(iii) for a covered joint resolution
received from the House, a motion to proceed
made by the majority leader, the chair of the
committee with jurisdiction of the covered
joint resolution, or a designee.
(2) Floor consideration generally.--If the Senate proceeds
to the consideration of a covered joint resolution--
(A) all points of order against the covered joint
resolution (and against consideration of the covered
joint resolution) are waived, except for points of
order relating to non-germane matters;
(B) consideration of the covered joint resolution,
and all amendments, debatable motions, and appeals in
connection therewith, shall be limited to not more than
10 hours, which shall be divided equally between the
majority and minority leaders or their designees;
(C) a motion further to limit debate is in order
and not debatable;
(D) the only amendments in order to the covered
joint resolution are--
(i) germane amendments proposed by a
committee to which the joint resolution was
referred;
(ii) not more than 5 germane amendments
proposed by the majority leader, or a designee;
and
(iii) not more than 5 germane amendments
proposed by the minority leader, or a designee;
(E) a motion to postpone or a motion to recommit
the covered joint resolution is not in order; and
(F) a motion to proceed to the consideration of
other business is not in order.
(3) Point of order against non-germane matter.--
(A) Point of order.--
(i) In general.--In the Senate, it shall
not be in order to consider a provision in a
covered joint resolution, or an amendment
thereto, that contains non-germane matter.
(ii) Point of order sustained.--If a point
of order is made by a Senator against a
provision described in clause (i), and the
point of order is sustained by the Chair, that
provision shall be stricken from the measure.
(B) Considerations.--In determining whether a
provision is germane under this paragraph, the factors
considered by the Chair shall include--
(i) whether the provision amends a
provision of Federal statute that is not
referenced in the opinion associated with the
covered Supreme Court decision at issue in the
covered joint resolution;
(ii) whether the provision amends a
provision of Federal statute that is not
referenced in a Federal statute that is
referenced in the opinion associated with the
covered Supreme Court decision at issue in the
covered joint resolution; and
(iii) whether the provision amends a
provision of Federal statute in a manner that
is not directly related to the decision in the
covered Supreme Court decision at issue in the
covered joint resolution.
(C) Conference reports.--When the Senate is
considering a conference report on, or an amendment
between the Houses in relation to, a covered joint
resolution, upon a point of order being made by any
Senator pursuant to subparagraph (A)(i), and such point
of order being sustained, such material contained in
such conference report or House amendment shall be
stricken, and the Senate shall proceed to consider the
question of whether the Senate shall recede from its
amendment and concur with a further amendment, or
concur in the House amendment with a further amendment,
as the case may be, which further amendment shall
consist of only that portion of the conference report
or House amendment, as the case may be, not so
stricken. Any such motion in the Senate shall not be
debatable. In any case in which such point of order is
sustained against a conference report (or Senate
amendment derived from such conference report by
operation of this subparagraph), no further amendment
shall be in order.
(D) Supermajority waiver and appeal.--In the
Senate, this paragraph may be waived or suspended only
by an affirmative vote of three-fifths of the Members,
duly chose and sworn. An affirmative vote of three-
fifths of Members of the Senate, duly chosen and sworn
shall be required to sustain an appeal of the ruling of
the Chair on a point of order raised under this
paragraph.
(4) Vote on passage.--The vote on passage of a covered
joint resolution shall occur immediately following the
conclusion of the consideration of the covered joint
resolution, and a single quorum call at the conclusion of the
debate if requested in accordance with the rules of the Senate.
(5) Limitation on multiple measures.--If a covered joint
resolution with respect to a covered Supreme Court decision is
agreed to in the Senate, except as provided in subsection
(c)(1), it shall not be in order in the Senate to move to
proceed to any other covered joint resolution that is placed on
the calendar in the Senate with respect to the covered Supreme
Court decision.
(6) Rulings of the chair on procedure.--Appeals from the
decisions of the Chair relating to the application of this
subsection or the rules of the Senate, as the case may be, to
the procedure relating to a covered joint resolution shall be
decided without debate.
(c) Additional Procedures.--
(1) Treatment of covered joint resolution of other house.--
(A) In general.--If the Senate receives from the
House of Representatives a joint resolution with
respect to a covered Supreme Court decision within 40
days of session after the date on which the Supreme
Court issues such covered Supreme Court decision, the
joint resolution of the House of Representatives shall
not be referred to a committee, shall immediately be
placed on the appropriate calendar, and shall be
entitled to expedited floor procedures under this
section, without regard to whether the Senate
introduced a joint resolution or considered a covered
joint resolution relating to the applicable covered
Supreme Court decision.
(B) Limitation on multiple measures.--If a joint
resolution with respect to a covered Supreme Court
decision received from the House of Representatives is
considered in the Senate under the procedures under
this section, it shall not be in order in the Senate to
move to proceed to any other joint resolution with
respect to the covered Supreme Court decision that is
received from the House of Representatives.
(2) Vetoes.--If the President vetoes a covered joint
resolution, consideration of a veto message in the Senate under
this section shall be not more than 2 hours equally divided
between the majority and minority leaders or their designees.
(d) Rules of the Senate.--Subsections (a), (b), and (c) are enacted
by Congress--
(1) as an exercise of the rulemaking power of the Senate,
and as such are deemed a part of the rules of the Senate, but
applicable only with respect to the procedure to be followed in
the Senate in the case of a covered joint resolution, and
supersede other rules only to the extent that they are
inconsistent with such rules; and
(2) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
Senate.
SEC. 4. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to limit the authority of
the Senate or the House of Representatives to consider and enact
legislation relating to a provision of Federal statute interpreted for
the first time or reinterpreted by a covered Supreme Court decision or
rights under the Constitution of the United States under other
applicable procedures.
<all>