S. 653Senate109th Congress (2005-2007)Passed Senate

A bill for the relief of the family of Theresa Marie Schiavo.

Introduced March 17, 2005

Legislative Activity

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4 earlier actions
HouseIntro Referral Latest Action

Referred to the House Committee on the Judiciary.

March 20, 2005

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SenateIntro Referral

Introduced in Senate

March 17, 2005

SenateFloor

Introduced in the Senate, read twice, considered, read the third time, and passed without amendment by Voice Vote. (consideration: CR S2926-2929; text as passed Senate: CR S2929)

March 17, 2005

SenateFloor

Message on Senate action sent to the House.

March 17, 2005

HouseFloor

Received in the House.

March 20, 2005 • 1:00 PM

HouseIntro Referral

Referred to the House Committee on the Judiciary.

March 20, 2005

Floor Debate

23 members

What members said about S. 653 on the floor

10 Republicans13 Democrats
Judd Gregg
Sen. Judd GreggR-NH · Mar 17, 2005

Mr. President, how much time is remaining? Mr. President, what is the time situation? Mr. President, this is a sense-of-the-Senate resolution. Therefore, it has no impact that involves actual events…

Kent Conrad
Sen. Kent ConradD-ND · Mar 17, 2005

Mr. President, Senator Gregg and I will work out how the time is used right here. It will either come out of the time in opposition or perhaps we could work out how we are using the balance of the…

Robert C. Byrd
Sen. Robert C. ByrdD-WV · Mar 17, 2005

Mr. President, I thank the distinguished Senator from Montana for his overly charitable and very gracious comments concerning my efforts. I thank him for his work, likewise. Mr. President, I rise to…

Harry Reid
Sen. Harry ReidD-NV · Mar 17, 2005

Mr. President, what is the next amendment in order? It is my understanding that on this amendment there are 20 minutes equally divided. Mr. President, I send an amendment to the desk on behalf of…

Frank R. Lautenberg
Sen. Frank R. LautenbergD-NJ · Mar 17, 2005

Mr. President, I ask unanimous consent that the order for the quorum call be rescinded. I ask unanimous consent that the pending amendment be set aside. I call up amendment No. 187 and ask for its…

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William H. Frist
Sen. William H. FristR-TN · Mar 17, 2005

Mr. President, I ask for the yeas and nays. I move to lay that motion on the table. The motion to lay on the table was agreed to. Mr. President, I make another appeal to our colleagues. We are going…

Max Baucus
Sen. Max BaucusD-MT · Mar 17, 2005

Mr. President, the Senator from West Virginia is not here at this moment, so I yield myself a couple of minutes for the proponents of the amendment. I strongly support this amendment. There are many…

Dianne Feinstein
Sen. Dianne FeinsteinD-CA · Mar 17, 2005

Mr. President, this is a bipartisan sense of the Senate. President Bush, when he was Governor, used this program. The Governor of my State, Governor Schwarzenegger, supports it. It is a huge item, as…

Hillary Rodham Clinton
Sen. Hillary Rodham ClintonD-NY · Mar 17, 2005

Mr. President, I thank my friend, who knows more about the budget than I think anybody in Washington. He has, once again, done a tremendous job in trying to help educate all of us about the…

Jim Bunning
Sen. Jim BunningR-KY · Mar 17, 2005

Mr. President, I have an amendment at the desk. Mr. President, I ask unanimous consent that reading of the amendment be dispensed with. Mr. President, today, I rise to offer a very important…

Edward M. Kennedy
Sen. Edward M. KennedyD-MA · Mar 17, 2005

Mr. President, I urge all our colleagues to support Senator Byrd's amendment, because our Nation's interstates, roads, and subways are at the breaking point, and our future economic health is at…

Michael B. Enzi
Sen. Michael B. EnziR-WY · Mar 17, 2005

Mr. President, this amendment increases taxes by $24 billion and purports to give $7.5 billion to vocational education. The bill only controls the top discretionary number Government-wide. So the…

Chuck Grassley
Sen. Chuck GrassleyR-IA · Mar 17, 2005

Mr. President, the effect of this amendment is obviously to take the reconciliation process out of the budget. The reconciliation process is going to guarantee to the Senate the opportunities to get…

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Paul S. Sarbanes
Sen. Paul S. SarbanesD-MD · Mar 17, 2005

Mr. President, this is a community development block grant amendment. Our mayors, Governors, and county officials are all desperate for this program. This restores the cuts, keeps it in HUD.…

Saxby Chambliss
Sen. Saxby ChamblissR-GA · Mar 17, 2005

Mr. President, the Senator from Montana is correct; that the cuts in agricultural spending now constitute 16 percent. That is another good reason why we should have supported Medicaid savings. We…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Mar 17, 2005

Mr. President, I am going to be speaking for 30 seconds for both myself and Senator Wyden on this amendment. This is the one initiative before the Senate that addresses the escalating costs with…

Tom Harkin
Sen. Tom HarkinD-IA · Mar 17, 2005

Mr. President, this amendment restores the Perkins Vocational Education Program and pays for it by eliminating two tax provisions that haven't even come into force yet. We are not raising anyone's…

William H. Frist
Sen. William H. FristR-TN · Mar 17, 2005

Mr. President, if we could have regular order, just a very brief explanation and we will proceed. We are going to interrupt the budget for a few minutes to discuss a bill we have been talking about…

Gordon H. Smith
Sen. Gordon H. SmithR-OR · Mar 17, 2005

Mr. President, 200-plus groups who support the Smith- Bingaman amendment believe this would be a poison pill. I fear the same because it tries to put the Senate on record as requiring the Senate…

Thad Cochran
Sen. Thad CochranR-MS · Mar 17, 2005

Mr. President, this amendment seeks to ensure that it is Congress who sets the discretionary caps and enforces them. It does not transfer to the President a new power of enforcement. If the President…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Mar 17, 2005

Mr. President, are we doing 1 minute a side? Mr. President, the purpose of this amendment is to repeal the provision of the Tax Code that actually rewards companies to shut down their American plant…

Thomas R. Carper
Sen. Thomas R. CarperD-DE · Mar 17, 2005

Mr. President, this is a simple amendment. This is a straightforward amendment. If my colleagues agree with me, a U.S. Senator who wants to reduce taxes in a way that decreases the budget deficit, it…

Norm Coleman
Sen. Norm ColemanR-MN · Mar 17, 2005

Mr. President, my amendment is simple. It says no cuts in the Community Development Block Grant Program or other programs such as the Community Service Block Grant Program, the Brownfield…

Joseph R. Biden Jr.
Sen. Joseph R. Biden Jr.D-DE · Mar 17, 2005

Mr. President, my amendment restores $1 billion for local law enforcement, three big programs that have essentially been zeroed out, the COPS Program, the law enforcement block grants. Four years ago…

Bill Text

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Latest
Referred in HouseIssued March 20, 2005
        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 653 Referred in House (RFH)]

1st Session
S. 653

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

March 20, 2005

Referred to the Committee on the Judiciary

_______________________________________________________________________

AN ACT

For the relief of the parents of Theresa Marie Schiavo.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. RELIEF OF THE PARENTS OF THERESA MARIE SCHIAVO.

The United States District Court for the Middle District of Florida
shall have jurisdiction to hear, determine, and render judgment on a
suit or claim by or on behalf of Theresa Marie Schiavo for the alleged
violation of any right of Theresa Marie Schiavo under the Constitution
or laws of the United States relating to the withholding or withdrawal
of food, fluids, or medical treatment necessary to sustain her life.

SEC. 2. PROCEDURE.

Any parent of Theresa Marie Schiavo shall have standing to bring a
suit under this Act. The suit may be brought against any other person
who was a party to State court proceedings relating to the withholding
or withdrawal of food, fluids, or medical treatment necessary to
sustain the life of Theresa Marie Schiavo, or who may act pursuant to a
State court order authorizing or directing the withholding or
withdrawal of food, fluids, or medical treatment necessary to sustain
her life. In such a suit, the District Court shall determine de novo
any claim of a violation of any right of Theresa Marie Schiavo within
the scope of this Act, notwithstanding any prior State court
determination and regardless of whether such a claim has previously
been raised, considered, or decided in State court proceedings. The
District Court shall entertain and determine the suit without any delay
or abstention in favor of State court proceedings, and regardless of
whether remedies available in the State courts have been exhausted.

SEC. 3. RELIEF.

After a determination of the merits of a suit brought under this
Act, the District Court shall issue such declaratory and injunctive
relief as may be necessary to protect the rights of Theresa Marie
Schiavo under the Constitution and laws of the United States relating
to the withholding or withdrawal of food, fluids, or medical treatment
necessary to sustain her life.

SEC. 4. TIME FOR FILING.

Notwithstanding any other time limitation, any suit or claim under
this Act shall be timely if filed within 30 days after the date of
enactment of this Act.

SEC. 5. STAY.

Upon the filing of a suit or claim under this Act, the District
Court may issue a stay of any State court order authorizing or
directing the withholding or withdrawal of food, fluids, or medical
treatment necessary to sustain the life of Theresa Marie Schiavo
pending the determination of the suit.

SEC. 6. NO CHANGE OF SUBSTANTIVE RIGHTS.

Nothing in this Act shall be construed to create substantive rights
not otherwise secured by the Constitution and laws of the United States
or of the several States.

SEC. 7. NO EFFECT ON ASSISTING SUICIDE.

Nothing is this Act shall be construed to confer additional
jurisdiction on any court to consider any claim related--
(1) to assisting suicide, or
(2) a State law regarding assisting suicide.

SEC. 8. NO PRECEDENT FOR FUTURE LEGISLATION.

Nothing is this Act shall constitute a precedent with respect to
future legislation.

SEC. 9. NO AFFECT ON THE PATIENT SELF-DETERMINATION ACT OF 1990.

Nothing in this Act shall affect the rights of any person under the
Patient Self-Determination Act of 1990.

Passed the Senate March 17, 2005.

Attest:

EMILY J. REYNOLDS,

Secretary.