S.Amdt. 3576
What it does: Adds SEC. 1502. JUDICIAL REVIEW at the end of subtitle F of title I
Sen. John McCain (R-AZ)What it changes
1 change to H.R. 4872 · shown in the bill's text
Adds SEC. 1502. JUDICIAL REVIEW at the end of subtitle F of title I
Adds a sectionIn H.R. 4872 · Placed on Calendar Senate
Section 279(b) of the Trade Act of 1974 (19 U.S.C. 2372a(b)) is amended by striking "Supplement" and all that follows through "Funds" and inserting "There are" and by striking "pursuant" and all that follows and inserting "$500,000,000 for each of fiscal years 2011, 2012, 2013, and 2014 to carry out this subchapter, except that the limitations contained in section 278(a)(2) shall not apply to such funds and each State shall receive not less than 0.5 percent of the amount appropriated pursuant to this subsection for each such fiscal year.".
Inserted: SEC. 1502. JUDICIAL REVIEW.
Inserted: (a) Challenge by Members of Congress.--Any Member of Congress may bring an action for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act, any amendment made by this Act, any provision of the Patient Protection and Affordable Care Act, or any amendment made by that Act, which may be filed in any United States district court of appropriate jurisdiction.
Inserted: (b) Intervention by Members of Congress.--In any action in which the constitutionality of any provision of this Act, any amendment made by this Act, any provision of the Patient Protection and Affordable Care Act, or any amendment made by that Act is raised, any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument.
Original wording
At the end of subtitle F of title I, add the following:
Read automatically from the Congressional Record. Check the original before relying on it.
As printed
SA 3576. Mr. McCAIN submitted an amendment intended to be proposed by him to the bill H.R. 4872, to provide for reconciliation pursuant to Title II of the concurrent resolution on the budget for fiscal year 2010 (S. Con. Res. 13); which was ordered to lie on the table; as follows:
At the end of subtitle F of title I, add the following:
SEC. 1502. JUDICIAL REVIEW.
(a) Challenge by Members of Congress.--Any Member of Congress may bring an action for declaratory or injunctive relief to challenge the constitutionality of any provision of this Act, any amendment made by this Act, any provision of the Patient Protection and Affordable Care Act, or any amendment made by that Act, which may be filed in any United States district court of appropriate jurisdiction.
(b) Intervention by Members of Congress.--In any action in which the constitutionality of any provision of this Act, any amendment made by this Act, any provision of the Patient Protection and Affordable Care Act, or any amendment made by that Act is raised, any member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress) or Senate shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the constitutionality of the provision or amendment. To avoid duplication of efforts and reduce the burdens placed on the parties to the action, the court in any such action may make such orders as it considers necessary, including orders to require intervenors taking similar positions to file joint papers or to be represented by a single attorney at oral argument.
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Senate amendment submitted
March 23, 2010