S.Amdt. 5689

SA 5689. Mr. BLUMENTHAL submitted an amendment intended to be
proposed by him to the bill S. 2, to provide for reconciliation
pursuant to title II of S. Con. Res. 33.; which was ordered to lie on
the table; as follows:

At the appropriate place, insert the following:

SEC. __. IMPROVEMENTS TO THE WHITE HOUSE OR THE GROUNDS OF
THE WHITE HOUSE.

(a) Consultation Between Agencies and Commission.--Section
8722(b)(1) of title 40, United States Code, is amended, in
the first sentence, by inserting ``, before initiating any
demolition activities with respect to an existing
structure,'' before ``or before making a commitment''.
(b) Modifications to the White House.--Section 8722 of
title 40, United States Code, is amended by adding at the end
the following:
``(f) Approval of Improvements to the White House or
Grounds of the White House.--
``(1) Approval of national capital planning commission
required; joint resolution of disapproval.--
``(A) Definitions.--In this paragraph:
``(i) Consideration period.--The term `consideration
period' means the 60-day period that begins on the date on
which the National Capital Planning Commission approves the
proposed improvement under subparagraph (B)(i)(II) (excluding
days either House of Congress is adjourned for more than 3
days during a session of Congress).
``(ii) Joint resolution of disapproval.--The term `joint
resolution of disapproval' means only a joint resolution that
is introduced during the consideration period, the matter
after the resolving clause of which is as follows: `That
Congress disapproves the proposed improvement approved by the
National Capital Planning Commission on ____.', the blank
space being filled in with the date on which the National
Capital Planning Commission approves the proposed improvement
under subparagraph (B)(i)(II).
``(B) Approval required.--A building or site improvement to
the White House or the grounds of the White House may not be
carried out unless--
``(i) the Executive Office of the President, or the head of
any Federal agency acting on behalf of the Executive Office
of the President--

``(I) completes the concept review (as described in the
Submission Guidelines of the National Capital Planning
Commission) with respect to the proposed improvement; and
``(II) obtains the approval of the National Capital
Planning Commission with respect to the proposed improvement;
and

``(ii) a joint resolution of disapproval is not enacted
into law in accordance with subparagraph (B) on or before the
date of the end of the consideration period.
``(C) Procedures for consideration of joint resolutions of
disapproval.--
``(i) Referral.--A joint resolution of disapproval shall be
referred to the committees in each House of Congress with
jurisdiction.
``(ii) Senate procedure.--

``(I) Reporting and discharge.--If the committee of the
Senate to which a joint resolution of disapproval is referred
has not reported the joint resolution of disapproval (or an
identical joint resolution of disapproval) by the date that
is 20 days after the date on which the National Capital
Planning Commission approves the proposed improvement under
subparagraph (B)(i)(II)--

``(aa) the committee may be discharged from further
consideration of the joint resolution of disapproval on a
petition supported in writing by 30 Members of the Senate;
and
``(bb) the joint resolution of disapproval shall be placed
on the calendar.

``(II) Motion to proceed.--

``(aa) In general.--After the committee of the Senate to
which a joint resolution of disapproval is referred has
reported, or is discharged from further consideration of, the
joint resolution of disapproval--
``(AA) it is in order (even though a previous motion to the
same effect has been disagreed to) for a motion to proceed to
the consideration of the joint resolution of disapproval; and
``(BB) all points of order against the joint resolution of
disapproval (and against consideration of the joint
resolution of disapproval) are waived.
``(bb) Amendment.--A motion to proceed under this subclause
is not subject to--
``(AA) amendment;
``(BB) a motion to postpone; or
``(CC) a motion to proceed to the consideration of other
business.
``(cc) Motion to reconsider.--A motion to reconsider the
vote by which a motion to proceed under this subclause is
agreed to or disagreed to shall not be in order.
``(dd) Motion agreed to.--If a motion to proceed under this
subclause is agreed to, the joint resolution of disapproval
shall remain the unfinished business of the Senate until the
joint resolution of disapproval is disposed of.

``(III) Debate.--

``(aa) Time limit.--Debate in the Senate on the joint
resolution of disapproval and on all debatable motions and
appeals in connection with the joint resolution of
disapproval shall be limited to not more than 10 hours, to be
equally divided between Senators favoring and Senators
opposing the joint resolution of disapproval.
``(bb) Motion to limit debate.--A motion in the Senate to
further limit debate on the joint resolution of disapproval
is in order and not debatable.
``(cc) Not in order.--In the Senate, an amendment to, a
motion to postpone, or a motion to proceed to the
consideration of other business, or a motion to recommit the
joint resolution of disapproval is not in order.

``(IV) Vote on final passage.--In the Senate, immediately
following the conclusion of the debate on a joint resolution
of disapproval, and a single quorum call at the conclusion of
the debate if requested in accordance with the rules of the
Senate, there shall be a vote on final passage of the joint
resolution of disapproval.
``(V) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate to the
procedure relating to a joint resolution of disapproval shall
be decided without debate.
``(VI) Limitation.--In the Senate, the procedures described
in subclauses (I) through

[[Page S2608]]

(V) shall not apply to the consideration of a joint
resolution of disapproval after the expiration of the
consideration period.

``(iii) Consideration of joint resolution of disapproval
received from other house.--If, before the passage by 1 House
of a joint resolution of disapproval of that House, that
House receives from the other House a joint resolution of
disapproval--

``(I) the joint resolution of disapproval of the other
House shall not be referred to a committee; and
``(II) with respect to the House receiving the joint
resolution of disapproval--

``(aa) the procedure in that House shall be the same as if
no joint resolution of disapproval had been received from the
other House; but
``(bb) the vote on final passage shall be on the joint
resolution of disapproval of the other House.
``(iv) Rules of house of representatives and senate.--This
subparagraph is enacted by Congress--

``(I) as an exercise of the rulemaking power of the Senate
and the House of Representatives, respectively, and as such
is 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 joint resolution of
disapproval, and supersedes other rules only to the extent
that this subparagraph is inconsistent with such rules; and
``(II) 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.

``(2) Use of funds.--
``(A) Private funds.--No private funds may be used to carry
out an improvement described in paragraph (1)(B) unless
authorized by Congress.
``(B) Federal funds.--Any use of Federal funds to carry out
an improvement described in paragraph (1)(B) shall comply
with the requirements of section 1301 of title 31.''.
(c) Judicial Review.--
(1) Right of action.--The Advisory Council on Historic
Preservation, any member of the Advisory Council on Historic
Preservation, the Commission of Fine Arts, any member of the
Commission of Fine Arts, the National Capital Planning
Commission, any member of the National Capital Planning
Commission, either House of Congress, or a Member of either
House of Congress may bring a civil action in the United
States District Court for the District of Columbia before a
3-judge panel alleging a violation of this Act (including an
amendment made by this Act) for injunctive relief.
(2) Appeal.--Any party to a civil action brought under
paragraph (1) may appeal to the Supreme Court of the United
States any order granting or denying a permanent injunction
pursuant to this Act (including an amendment made by this
Act).
(3) Expedited procedures.--
(A) Expeditious hearing.--The United States District Court
for the District of Columbia and the Supreme Court, if
applicable, shall expedite the consideration of any civil
action brought under this subsection.
(B) Priority.--To the extent practicable, the United States
District Court for the District of Columbia or the Supreme
Court, if applicable, shall give any civil action brought
under this subsection priority on the docket of the
applicable court.
(C) Deadlines.--
(i) In general.--The United States District Court for the
District of Columbia shall issue a decision with respect to
any civil action brought under this subsection not later than
30 days after the date on which the complaint is filed.
(ii) Filing notice of appeal.--A notice of appeal of any
order, whether interlocutory or final, entered in any civil
action brought under this subsection, shall be filed not
later than 10 days after the date of entry of the order.
(iii) Hearing of appeal.--The hearing of an appeal
described in clause (ii) shall be held not later than 45 days
after the date of the notice of appeal.
(iv) Decision on appeal.--A decision in an appeal described
in clause (ii) shall be issued not later than 90 days after
the date of the notice of appeal.
(v) Judicial discretion.--The United States District Court
for the District of Columbia or the Supreme Court, if
applicable, may modify the schedules and limitations
described in clauses (i) through (iv) in a particular civil
action, based on a specific finding that the ends of justice
that would be served by making such a modification would
outweigh the best interest of the public in having the civil
action resolved expeditiously.
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