[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4681 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 4681
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
July 28, 2022
Mr. Whitehouse (for himself, Ms. Cortez Masto, Ms. Warren, Ms. Hirono,
Mr. Blumenthal, Mr. Wyden, Mr. Padilla, and Mrs. Gillibrand) 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 2022''.
SEC. 2. DEFINITIONS.
In this Act--
(1) the term ``covered joint resolution'' means a joint
resolution--
(A) that is--
(i) reported by a committee of the Senate
under section 3(c)(1);
(ii) placed on the calendar in the Senate
in accordance with section 3(d); or
(iii) reported by a committee of the House
of Representatives under section 3(c)(2);
(B) the title of which is as follows: ``Joint
resolution relating to ____'', the blank space being
filled in with the name of a covered Supreme Court
decision the matter of which was referred to--
(i) a committee of the Senate, upon the
Senate agreeing to a motion offered under
section 3(a)(2)(A); or
(ii) 1 or more committees of the House of
Representatives, upon the House of
Representatives agreeing to a motion offered
under section 3(a)(3)(A);
(C) which does not have a preamble; and
(D) the matter after the resolving clause of
which--
(i) for a joint resolution with respect to
a covered Supreme Court decision described in
paragraph (3)(A), only amends--
(I) covered provisions of Federal
statute with respect to the covered
Supreme Court decision; or
(II) provisions of Federal statute
that are directly implicated by a
covered provision of Federal statute
described in subclause (I), including
statutory definitions, dates, and
provisions the meaning of which are
reasonably likely to be affected by an
amendment to the covered provision of
Federal statute; or
(ii) for a joint resolution with respect to
a covered Supreme Court decision described in
paragraph (3)(B), only amends or enacts
provisions of Federal statute in a manner that
is reasonably relevant to the covered Supreme
Court decision;
(2) the term ``covered provision of Federal statute'' means
a provision of Federal statute interpreted for the first time
or reinterpreted by a covered Supreme Court decision;
(3) the term ``covered Supreme Court decision'' means a
decision of the Supreme Court--
(A) which--
(i) interprets a provision of Federal
statute for the first time; or
(ii) reinterprets a provision of Federal
statute that was previously interpreted by the
Supreme Court; 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;
(4) the term ``extraneous matter'', with respect to a
covered joint resolution, an amendment between the Houses in
relation thereto, or a conference report thereon, means a
provision--
(A) for a covered joint resolution with respect to
a covered Supreme Court decision described in paragraph
(3)(A), that--
(i) amends a provision of a Federal statute
that is not--
(I) a covered provision of Federal
statute with respect to the case
identified in the title of the covered
joint resolution; or
(II) directly implicated by a
covered provision of Federal statute
described in subclause (I); or
(ii) amends a provision of Federal statute
described in subclause (I) or (II) of clause
(i) in a manner that is not reasonably relevant
to the questions presented in the covered
Supreme Court decision; or
(B) for a covered joint resolution with respect to
a covered Supreme Court decision described in paragraph
(3)(B), that is not reasonably relevant to the covered
Supreme Court decision; and
(5) the term ``Supreme Court'' means the Supreme Court of
the United States.
SEC. 3. RECONSIDERATION OF COVERED SUPREME COURT DECISIONS.
(a) Opening Vote.--
(1) Notice to congress.--Not later than 2 days after the
date on which the Supreme Court issues a covered Supreme Court
decision, the Comptroller General of the United States shall
submit to Congress written notice of the covered Supreme Court
decision.
(2) Senate.--
(A) In general.--Notwithstanding rule XXII of the
Standing Rules of the Senate, in the Senate, it shall
be in order, not later than 10 days of session after
the date on which notice of a covered Supreme Court
decision is received under paragraph (1), to move to
refer the notice, with instructions to report, to--
(i) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(A), the committee of the Senate with
jurisdiction over the subject matter that
predominates in the covered provisions of
Federal statute at issue in the covered Supreme
Court decision; or
(ii) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(B), the committee of the Senate with
jurisdiction over the subject matter that
predominates in relation to the right affected
by the covered Supreme Court decision.
(B) Floor consideration of motion to refer with
instructions to report.--If a motion to refer the
notice regarding a covered Supreme Court decision with
instructions to report is made in accordance with
subparagraph (A) and is signed by 16 Senators--
(i) all points of order against the motion
are waived;
(ii) consideration of the motion, and all
debatable motions and appeals in connection
therewith, shall be limited to not more than 4
hours, which shall be divided equally between
the majority and minority leaders or their
designees;
(iii) a motion further to limit debate is
in order and not debatable;
(iv) an amendment to or a motion to
postpone the motion is not in order; and
(v) a motion to proceed to the
consideration of other business is not in
order.
(C) Referral without instructions to report.--If no
motion to refer the notice regarding a Supreme Court
decision with instructions to report is made in
accordance with subparagraph (A) and signed by 16
Senators, the notice shall be referred, with no
instructions to report, to--
(i) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(A), the committee of the Senate with
jurisdiction over the subject matter that
predominates in the covered provisions of
Federal statute at issue in the covered Supreme
Court decision; or
(ii) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(B), the committee of the Senate with
jurisdiction over the subject matter that
predominates in relation to the right affected
by the covered Supreme Court decision.
(3) House of representatives.--
(A) In general.--In the House of Representatives,
it shall be in order, not later than 10 days of session
after the date on which notice of a covered Supreme
Court decision is received under paragraph (1), to move
to refer the notice, with instructions to report, to--
(i) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(A), the committee or committees of the
House of Representatives with jurisdiction over
the subject matter that predominates in the
covered provisions of Federal statute at issue
in the covered Supreme Court decision; or
(ii) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(B), the committee or committees of the
House of Representatives with jurisdiction over
the subject matter that predominates in
relation to the right affected by the covered
Supreme Court decision.
(B) Procedure.--If a motion to refer the notice
regarding a covered Supreme Court decision with
instructions to report is made in accordance with
subparagraph (A)--
(i) all points of order against the motion
are waived;
(ii) the previous question shall be
considered as ordered on the motion to its
adoption, except 4 hours of debate equally
divided and controlled by the proponent and an
opponent;
(iii) an amendment to the motion shall not
be in order; and
(iv) a motion to reconsider the vote on
adoption of the motion shall not be in order.
(C) Referral without instructions to report.--If no
motion to refer the notice regarding a Supreme Court
decision with instructions to report is made in
accordance with subparagraph (A), the notice shall be
referred, with no instructions to report, to--
(i) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(A), the committee or committees of the
House of Representatives with jurisdiction over
the subject matter that predominates in the
covered provisions of Federal statute at issue
in the covered Supreme Court decision; or
(ii) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(B), the committee or committees of the
House of Representatives with jurisdiction over
the subject matter that predominates in
relation to the right affected by the covered
Supreme Court decision.
(b) Referral.--
(1) Senate.--
(A) In general.--In the Senate, following the
disposition of a motion offered under subsection
(a)(2)(A), and without regard to whether the motion is
agreed to, the notice of the applicable covered Supreme
Court decision shall be referred to--
(i) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(A), the committee of the Senate with
jurisdiction over the subject matter that
predominates in the covered provisions of
Federal statute at issue in the covered Supreme
Court decision; or
(ii) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(B), the committee of the Senate with
jurisdiction over the subject matter that
predominates in relation to the right affected
by the covered Supreme Court decision.
(B) Expedited procedures apply if referral agreed
to.--If a motion offered under subsection (a)(2)(A)
with respect to the notice of a covered Supreme Court
decision is agreed to, the committee to which the
notice is referred shall report a covered joint
resolution with respect to the covered Supreme Court
decision under subsection (c)(1), which shall be
subject to consideration under the procedures under
this section.
(C) Limitation on expedited procedures.--If a
motion offered under subsection (a)(2)(A) with respect
to the notice of a covered Supreme Court decision is
not agreed to--
(i) the committee to which the notice is
referred may not report a covered joint
resolution with respect to the covered Supreme
Court decision; and
(ii)(I) for a notice with respect to a
covered Supreme Court decision described in
section 2(3)(A), a measure reported by the
committee relating to covered provisions of
Federal statute with respect to the covered
Supreme Court decision shall not be considered
under the procedures under this section; or
(II) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(B), a measure reported by the committee
amending or enacting provisions of Federal
statute relevant to the questions presented in
the covered Supreme Court decision shall not be
considered under the procedures under this
section.
(2) House of representatives.--
(A) In general.--In the House of Representatives,
following the disposition of a motion offered under
subsection (a)(3)(A), and without regard to whether the
motion is agreed to, the notice of the applicable
covered Supreme Court decision shall be referred to--
(i) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(A), the committee or committees of the
House of Representatives with jurisdiction over
the subject matter that predominates in the
covered provisions of Federal statute at issue
in the covered Supreme Court decision; or
(ii) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(B), the committee or committees of the
House of Representatives with jurisdiction over
the subject matter that predominates in
relation to the right affected by the covered
Supreme Court decision.
(B) Expedited procedures apply if referral agreed
to.--If a motion offered under subsection (a)(3)(A)
with respect to the notice of a covered Supreme Court
decision is agreed to, the committee or committees to
which the notice is referred shall report a covered
joint resolution with respect to the covered Supreme
Court decision under subsection (c)(2), which shall be
subject to consideration under the procedures under
this section.
(C) Limitation on expedited procedures.--If a
motion offered under subsection (a)(3)(A) with respect
to the notice of a covered Supreme Court decision is
not agreed to--
(i) a committee to which the notice is
referred may not report a covered joint
resolution with respect to the covered Supreme
Court decision; and
(ii)(I) for a notice with respect to a
covered Supreme Court decision described in
section 2(3)(A), a measure reported by such a
committee relating to covered provisions of
Federal statute with respect to the covered
Supreme Court decision shall not be considered
under the procedures under this section; or
(II) for a notice with respect to a covered
Supreme Court decision described in section
2(3)(B), a measure reported by such a committee
amending or enacting provisions of Federal
statute relevant to the questions presented in
the covered Supreme Court decision shall not be
considered under the procedures under this
section.
(c) Consideration by Committee.--
(1) Senate.--If a motion offered under subsection (a)(2)(A)
with respect to a notice regarding a covered Supreme Court
decision is agreed to, not later than 30 days after the
referral of the notice under subsection (b)(1), the committee
of the Senate to which the covered Supreme Court decision was
referred shall report to the Senate a covered joint resolution
with respect to the covered Supreme Court decision.
(2) House of representatives.--If a motion offered under
subsection (a)(3)(A) with respect to a notice regarding a
covered Supreme Court decision is agreed to, not later than 30
days after the referral of the notice under subsection (b)(2),
each committee of the House of Representatives to which the
covered Supreme Court decision was referred shall report to the
House of Representatives a covered joint resolution with
respect to the covered Supreme Court decision.
(d) Alternative Covered Joint Resolutions in the Senate.--
(1) In general.--A covered joint resolution with respect to
a covered Supreme Court decision that is introduced in the
Senate shall be immediately placed on the appropriate calendar
if a motion to place the covered joint resolution on the
appropriate calendar that is signed by 40 Senators is filed--
(A) if another covered joint resolution with
respect to the covered Supreme Court decision is
reported to the Senate under subsection (c)(1),
during--
(i) the period beginning on the date on
which the other covered joint resolution is
reported under subsection (c)(1); and
(ii) ending on the date that is 10 session
days after the date described in clause (i); or
(B) if a motion offered under subsection (a)(2)(A)
with respect to the notice regarding the covered
Supreme Court decision is agreed to and no other
covered joint resolution with respect to the covered
Supreme Court decision is reported to the Senate under
subsection (c)(1), notwithstanding the requirement to
report under subsection (c)(1), during--
(i) the period beginning on the date that
is 30 days after the date of the referral of
the notice with respect to the covered Supreme
Court decision under subsection (b)(1); and
(ii) ending on the date that is 10 session
days after the date described in clause (i).
(2) Limitations.--
(A) In general.--Only 1 covered joint resolution
with respect to a covered Supreme Court decision may be
placed on the appropriate calendar pursuant to this
subsection.
(B) Multiple motions.--If multiple motions to place
a covered joint resolution with respect to a covered
Supreme Court decision on the appropriate calendar are
signed by 40 Senators and submitted within the
appropriate periods described in subparagraphs (A) and
(B) of paragraph (1)--
(i) the only covered joint resolution that
shall be placed on the appropriate calendar
pursuant to this subsection is the covered
joint offered by the first motion that is
signed by the Minority Leader of the Senate;
and
(ii) any other such motion--
(I) shall not be placed on the
appropriate calendar; and
(II) shall be referred to--
(aa) for a covered joint
resolution with respect to a
covered Supreme Court decision
described in section 2(3)(A),
the committee of the Senate
with jurisdiction over the
subject matter that
predominates in the covered
provisions of Federal statute
at issue in the covered Supreme
Court decision; or
(bb) for a covered joint
resolution with respect to a
covered Supreme Court decision
described in section 2(3)(B),
the committee of the Senate
with jurisdiction over the
subject matter that
predominates in relation to the
right affected by the covered
Supreme Court decision.
(e) Expedited Consideration in 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--
(i) to move to proceed to a covered joint
resolution reported to the Senate under
subsection (c)(1) not later than 10 days after
the date on which the covered joint resolution
is reported; or
(ii) to move to proceed to a covered joint
resolution placed on the calendar under
subsection (d) not later than 10 days after the
date on which the covered joint resolution is
placed on the calendar.
(B) Procedure.--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.
(2) Floor consideration generally.--If the Senate proceeds
to 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 extraneous matter;
(B) consideration of the covered joint resolution,
and all 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) an amendment to, a motion to postpone, or a
motion to recommit the covered joint resolution is not
in order; and
(E) a motion to proceed to the consideration of
other business is not in order.
(3) Point of order against extraneous 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 that contains
extraneous 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) Form of the point of order.--A point of order
under subparagraph (A)(i) may be raised by a Senator as
provided in section 313(e) of the Congressional Budget
Act of 1974 (2 U.S.C. 644(e)).
(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, it shall not be in order in the Senate
to move to proceed to any other covered joint resolution that
was introduced 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.
(f) Additional Procedures.--
(1) Treatment of covered joint resolution of other house.--
(A) In general.--If the Senate receives from the
House of Representatives a covered joint resolution,
the covered joint resolution of the House of
Representatives shall be entitled to expedited floor
procedures under this section, without regard to
whether Senate introduced or considered a covered joint
resolution relating to the applicable covered Supreme
Court decision.
(B) Limitation on multiple measures.--If a covered
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 covered
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.
(g) Rules of House of Representatives and Senate.--Paragraphs (2)
and (3) of subsection (a) and subsections (b) through (f) are enacted
by Congress--
(1) as an exercise of the rulemaking power of the Senate
and House of Representatives, respectively, and as such are
deemed a part of the rules of each House, respectively, but
applicable only with respect to the procedure to be followed in
that House 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
either House to change the rules (so far as relating to the
procedure of that House) at any time, in the same manner, and
to the same extent as in the case of any other rule of that
House.
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 covered provisions of Federal statute or rights
under the Constitution of the United States under other applicable
procedures.
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