S.Amdt. 3295Senate111th Congress (2009-2011)2nd degree
S.Amdt. 3295
Sponsored by
Sen. Orrin G. Hatch (R-UT)
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. ______