S.Amdt. 3295Senate111th Congress (2009-2011)2nd degree

S.Amdt. 3295

Submitted December 22, 2009

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Senate amendment submitted

December 22, 2009

Text

Submitted

SA 3295. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 2786 proposed by Mr. Reid (for himself, Mr. Baucus, Mr.
Dodd, and Mr. Harkin) to the bill H.R. 3590, to amend the Internal
Revenue Code of 1986 to modify the first-time homebuyers credit in the
case of members of the Armed Forces and certain other Federal
employees, and for other purposes; which was ordered to lie on the
table; as follows:

At the appropriate place, insert the following:

SEC. ____. CIVIL ACTIONS BROUGHT ON CONSTITUTIONAL GROUNDS.

(a) Special Rules for Actions Brought on Constitutional
Grounds.--If any action is brought for declaratory or
injunctive relief to challenge the constitutionality of any
provision of this Act or any amendment made by this Act, the
following rules shall apply:
(1) The action shall be filed in any United States District
Court and shall be heard by a 3-judge court convened pursuant
to section 2284 of title 28, United States Code.

[[Page S13792]]

(2) A copy of the complaint shall be delivered promptly to
the Secretary of the Senate and the Clerk of the House of
Representatives.
(3) A final decision in the action shall be reviewable only
by appeal directly to the Supreme Court of the United States.
Such appeal shall be taken by the filing of a notice of
appeal within 10 days, and the filing of a jurisdictional
statement within 30 days, of the entry of the final decision.
(4) It shall be the duty of the United States District
Court in which the action is brought and the Supreme Court of
the United States to advance on the docket and to expedite to
the greatest possible extent the disposition of the action
and appeal.
(b) Applicability.--
(1) Initial claims.--With respect to any action initially
filed on or before July 31, 2010, the provisions of
subsection (a) shall apply with respect to each action
described in such section.
(2) Subsequent actions.--With respect to any action
initially filed after July 31, 2010, the provisions of
subsection (a) shall not apply to any action described in
such section unless the person filing such action elects such
provisions to apply to the action.
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