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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4681 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  2d Session
                                S. 4681

   To establish a process for expedited consideration of legislation 
    relating to decisions by the Supreme Court of the United States.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             July 28, 2022

Mr. Whitehouse (for himself, Ms. Cortez Masto, Ms. Warren, Ms. Hirono, 
Mr. Blumenthal, Mr. Wyden, Mr. Padilla, and Mrs. Gillibrand) introduced 
the following bill; which was read twice and referred to the Committee 
                            on the Judiciary

_______________________________________________________________________

                                 A BILL

 
   To establish a process for expedited consideration of legislation 
    relating to decisions by the Supreme Court of the United States.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supreme Court Review Act of 2022''.

SEC. 2. DEFINITIONS.

    In this Act--
            (1) the term ``covered joint resolution'' means a joint 
        resolution--
                    (A) that is--
                            (i) reported by a committee of the Senate 
                        under section 3(c)(1);
                            (ii) placed on the calendar in the Senate 
                        in accordance with section 3(d); or
                            (iii) reported by a committee of the House 
                        of Representatives under section 3(c)(2);
                    (B) the title of which is as follows: ``Joint 
                resolution relating to ____'', the blank space being 
                filled in with the name of a covered Supreme Court 
                decision the matter of which was referred to--
                            (i) a committee of the Senate, upon the 
                        Senate agreeing to a motion offered under 
                        section 3(a)(2)(A); or
                            (ii) 1 or more committees of the House of 
                        Representatives, upon the House of 
                        Representatives agreeing to a motion offered 
                        under section 3(a)(3)(A);
                    (C) which does not have a preamble; and
                    (D) the matter after the resolving clause of 
                which--
                            (i) for a joint resolution with respect to 
                        a covered Supreme Court decision described in 
                        paragraph (3)(A), only amends--
                                    (I) covered provisions of Federal 
                                statute with respect to the covered 
                                Supreme Court decision; or
                                    (II) provisions of Federal statute 
                                that are directly implicated by a 
                                covered provision of Federal statute 
                                described in subclause (I), including 
                                statutory definitions, dates, and 
                                provisions the meaning of which are 
                                reasonably likely to be affected by an 
                                amendment to the covered provision of 
                                Federal statute; or
                            (ii) for a joint resolution with respect to 
                        a covered Supreme Court decision described in 
                        paragraph (3)(B), only amends or enacts 
                        provisions of Federal statute in a manner that 
                        is reasonably relevant to the covered Supreme 
                        Court decision;
            (2) the term ``covered provision of Federal statute'' means 
        a provision of Federal statute interpreted for the first time 
        or reinterpreted by a covered Supreme Court decision;
            (3) the term ``covered Supreme Court decision'' means a 
        decision of the Supreme Court--
                    (A) which--
                            (i) interprets a provision of Federal 
                        statute for the first time; or
                            (ii) reinterprets a provision of Federal 
                        statute that was previously interpreted by the 
                        Supreme Court; or
                    (B) which interprets or reinterprets the 
                Constitution of the United States in a manner that 
                diminishes an individual right or privilege that is or 
                was previously protected by the Constitution of the 
                United States;
            (4) the term ``extraneous matter'', with respect to a 
        covered joint resolution, an amendment between the Houses in 
        relation thereto, or a conference report thereon, means a 
        provision--
                    (A) for a covered joint resolution with respect to 
                a covered Supreme Court decision described in paragraph 
                (3)(A), that--
                            (i) amends a provision of a Federal statute 
                        that is not--
                                    (I) a covered provision of Federal 
                                statute with respect to the case 
                                identified in the title of the covered 
                                joint resolution; or
                                    (II) directly implicated by a 
                                covered provision of Federal statute 
                                described in subclause (I); or
                            (ii) amends a provision of Federal statute 
                        described in subclause (I) or (II) of clause 
                        (i) in a manner that is not reasonably relevant 
                        to the questions presented in the covered 
                        Supreme Court decision; or
                    (B) for a covered joint resolution with respect to 
                a covered Supreme Court decision described in paragraph 
                (3)(B), that is not reasonably relevant to the covered 
                Supreme Court decision; and
            (5) the term ``Supreme Court'' means the Supreme Court of 
        the United States.

SEC. 3. RECONSIDERATION OF COVERED SUPREME COURT DECISIONS.

    (a) Opening Vote.--
            (1) Notice to congress.--Not later than 2 days after the 
        date on which the Supreme Court issues a covered Supreme Court 
        decision, the Comptroller General of the United States shall 
        submit to Congress written notice of the covered Supreme Court 
        decision.
            (2) Senate.--
                    (A) In general.--Notwithstanding rule XXII of the 
                Standing Rules of the Senate, in the Senate, it shall 
                be in order, not later than 10 days of session after 
                the date on which notice of a covered Supreme Court 
                decision is received under paragraph (1), to move to 
                refer the notice, with instructions to report, to--
                            (i) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(A), the committee of the Senate with 
                        jurisdiction over the subject matter that 
                        predominates in the covered provisions of 
                        Federal statute at issue in the covered Supreme 
                        Court decision; or
                            (ii) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(B), the committee of the Senate with 
                        jurisdiction over the subject matter that 
                        predominates in relation to the right affected 
                        by the covered Supreme Court decision.
                    (B) Floor consideration of motion to refer with 
                instructions to report.--If a motion to refer the 
                notice regarding a covered Supreme Court decision with 
                instructions to report is made in accordance with 
                subparagraph (A) and is signed by 16 Senators--
                            (i) all points of order against the motion 
                        are waived;
                            (ii) consideration of the motion, and all 
                        debatable motions and appeals in connection 
                        therewith, shall be limited to not more than 4 
                        hours, which shall be divided equally between 
                        the majority and minority leaders or their 
                        designees;
                            (iii) a motion further to limit debate is 
                        in order and not debatable;
                            (iv) an amendment to or a motion to 
                        postpone the motion is not in order; and
                            (v) a motion to proceed to the 
                        consideration of other business is not in 
                        order.
                    (C) Referral without instructions to report.--If no 
                motion to refer the notice regarding a Supreme Court 
                decision with instructions to report is made in 
                accordance with subparagraph (A) and signed by 16 
                Senators, the notice shall be referred, with no 
                instructions to report, to--
                            (i) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(A), the committee of the Senate with 
                        jurisdiction over the subject matter that 
                        predominates in the covered provisions of 
                        Federal statute at issue in the covered Supreme 
                        Court decision; or
                            (ii) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(B), the committee of the Senate with 
                        jurisdiction over the subject matter that 
                        predominates in relation to the right affected 
                        by the covered Supreme Court decision.
            (3) House of representatives.--
                    (A) In general.--In the House of Representatives, 
                it shall be in order, not later than 10 days of session 
                after the date on which notice of a covered Supreme 
                Court decision is received under paragraph (1), to move 
                to refer the notice, with instructions to report, to--
                            (i) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(A), the committee or committees of the 
                        House of Representatives with jurisdiction over 
                        the subject matter that predominates in the 
                        covered provisions of Federal statute at issue 
                        in the covered Supreme Court decision; or
                            (ii) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(B), the committee or committees of the 
                        House of Representatives with jurisdiction over 
                        the subject matter that predominates in 
                        relation to the right affected by the covered 
                        Supreme Court decision.
                    (B) Procedure.--If a motion to refer the notice 
                regarding a covered Supreme Court decision with 
                instructions to report is made in accordance with 
                subparagraph (A)--
                            (i) all points of order against the motion 
                        are waived;
                            (ii) the previous question shall be 
                        considered as ordered on the motion to its 
                        adoption, except 4 hours of debate equally 
                        divided and controlled by the proponent and an 
                        opponent;
                            (iii) an amendment to the motion shall not 
                        be in order; and
                            (iv) a motion to reconsider the vote on 
                        adoption of the motion shall not be in order.
                    (C) Referral without instructions to report.--If no 
                motion to refer the notice regarding a Supreme Court 
                decision with instructions to report is made in 
                accordance with subparagraph (A), the notice shall be 
                referred, with no instructions to report, to--
                            (i) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(A), the committee or committees of the 
                        House of Representatives with jurisdiction over 
                        the subject matter that predominates in the 
                        covered provisions of Federal statute at issue 
                        in the covered Supreme Court decision; or
                            (ii) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(B), the committee or committees of the 
                        House of Representatives with jurisdiction over 
                        the subject matter that predominates in 
                        relation to the right affected by the covered 
                        Supreme Court decision.
    (b) Referral.--
            (1) Senate.--
                    (A) In general.--In the Senate, following the 
                disposition of a motion offered under subsection 
                (a)(2)(A), and without regard to whether the motion is 
                agreed to, the notice of the applicable covered Supreme 
                Court decision shall be referred to--
                            (i) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(A), the committee of the Senate with 
                        jurisdiction over the subject matter that 
                        predominates in the covered provisions of 
                        Federal statute at issue in the covered Supreme 
                        Court decision; or
                            (ii) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(B), the committee of the Senate with 
                        jurisdiction over the subject matter that 
                        predominates in relation to the right affected 
                        by the covered Supreme Court decision.
                    (B) Expedited procedures apply if referral agreed 
                to.--If a motion offered under subsection (a)(2)(A) 
                with respect to the notice of a covered Supreme Court 
                decision is agreed to, the committee to which the 
                notice is referred shall report a covered joint 
                resolution with respect to the covered Supreme Court 
                decision under subsection (c)(1), which shall be 
                subject to consideration under the procedures under 
                this section.
                    (C) Limitation on expedited procedures.--If a 
                motion offered under subsection (a)(2)(A) with respect 
                to the notice of a covered Supreme Court decision is 
                not agreed to--
                            (i) the committee to which the notice is 
                        referred may not report a covered joint 
                        resolution with respect to the covered Supreme 
                        Court decision; and
                            (ii)(I) for a notice with respect to a 
                        covered Supreme Court decision described in 
                        section 2(3)(A), a measure reported by the 
                        committee relating to covered provisions of 
                        Federal statute with respect to the covered 
                        Supreme Court decision shall not be considered 
                        under the procedures under this section; or
                            (II) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(B), a measure reported by the committee 
                        amending or enacting provisions of Federal 
                        statute relevant to the questions presented in 
                        the covered Supreme Court decision shall not be 
                        considered under the procedures under this 
                        section.
            (2) House of representatives.--
                    (A) In general.--In the House of Representatives, 
                following the disposition of a motion offered under 
                subsection (a)(3)(A), and without regard to whether the 
                motion is agreed to, the notice of the applicable 
                covered Supreme Court decision shall be referred to--
                            (i) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(A), the committee or committees of the 
                        House of Representatives with jurisdiction over 
                        the subject matter that predominates in the 
                        covered provisions of Federal statute at issue 
                        in the covered Supreme Court decision; or
                            (ii) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(B), the committee or committees of the 
                        House of Representatives with jurisdiction over 
                        the subject matter that predominates in 
                        relation to the right affected by the covered 
                        Supreme Court decision.
                    (B) Expedited procedures apply if referral agreed 
                to.--If a motion offered under subsection (a)(3)(A) 
                with respect to the notice of a covered Supreme Court 
                decision is agreed to, the committee or committees to 
                which the notice is referred shall report a covered 
                joint resolution with respect to the covered Supreme 
                Court decision under subsection (c)(2), which shall be 
                subject to consideration under the procedures under 
                this section.
                    (C) Limitation on expedited procedures.--If a 
                motion offered under subsection (a)(3)(A) with respect 
                to the notice of a covered Supreme Court decision is 
                not agreed to--
                            (i) a committee to which the notice is 
                        referred may not report a covered joint 
                        resolution with respect to the covered Supreme 
                        Court decision; and
                            (ii)(I) for a notice with respect to a 
                        covered Supreme Court decision described in 
                        section 2(3)(A), a measure reported by such a 
                        committee relating to covered provisions of 
                        Federal statute with respect to the covered 
                        Supreme Court decision shall not be considered 
                        under the procedures under this section; or
                            (II) for a notice with respect to a covered 
                        Supreme Court decision described in section 
                        2(3)(B), a measure reported by such a committee 
                        amending or enacting provisions of Federal 
                        statute relevant to the questions presented in 
                        the covered Supreme Court decision shall not be 
                        considered under the procedures under this 
                        section.
    (c) Consideration by Committee.--
            (1) Senate.--If a motion offered under subsection (a)(2)(A) 
        with respect to a notice regarding a covered Supreme Court 
        decision is agreed to, not later than 30 days after the 
        referral of the notice under subsection (b)(1), the committee 
        of the Senate to which the covered Supreme Court decision was 
        referred shall report to the Senate a covered joint resolution 
        with respect to the covered Supreme Court decision.
            (2) House of representatives.--If a motion offered under 
        subsection (a)(3)(A) with respect to a notice regarding a 
        covered Supreme Court decision is agreed to, not later than 30 
        days after the referral of the notice under subsection (b)(2), 
        each committee of the House of Representatives to which the 
        covered Supreme Court decision was referred shall report to the 
        House of Representatives a covered joint resolution with 
        respect to the covered Supreme Court decision.
    (d) Alternative Covered Joint Resolutions in the Senate.--
            (1) In general.--A covered joint resolution with respect to 
        a covered Supreme Court decision that is introduced in the 
        Senate shall be immediately placed on the appropriate calendar 
        if a motion to place the covered joint resolution on the 
        appropriate calendar that is signed by 40 Senators is filed--
                    (A) if another covered joint resolution with 
                respect to the covered Supreme Court decision is 
                reported to the Senate under subsection (c)(1), 
                during--
                            (i) the period beginning on the date on 
                        which the other covered joint resolution is 
                        reported under subsection (c)(1); and
                            (ii) ending on the date that is 10 session 
                        days after the date described in clause (i); or
                    (B) if a motion offered under subsection (a)(2)(A) 
                with respect to the notice regarding the covered 
                Supreme Court decision is agreed to and no other 
                covered joint resolution with respect to the covered 
                Supreme Court decision is reported to the Senate under 
                subsection (c)(1), notwithstanding the requirement to 
                report under subsection (c)(1), during--
                            (i) the period beginning on the date that 
                        is 30 days after the date of the referral of 
                        the notice with respect to the covered Supreme 
                        Court decision under subsection (b)(1); and
                            (ii) ending on the date that is 10 session 
                        days after the date described in clause (i).
            (2) Limitations.--
                    (A) In general.--Only 1 covered joint resolution 
                with respect to a covered Supreme Court decision may be 
                placed on the appropriate calendar pursuant to this 
                subsection.
                    (B) Multiple motions.--If multiple motions to place 
                a covered joint resolution with respect to a covered 
                Supreme Court decision on the appropriate calendar are 
                signed by 40 Senators and submitted within the 
                appropriate periods described in subparagraphs (A) and 
                (B) of paragraph (1)--
                            (i) the only covered joint resolution that 
                        shall be placed on the appropriate calendar 
                        pursuant to this subsection is the covered 
                        joint offered by the first motion that is 
                        signed by the Minority Leader of the Senate; 
                        and
                            (ii) any other such motion--
                                    (I) shall not be placed on the 
                                appropriate calendar; and
                                    (II) shall be referred to--
                                            (aa) for a covered joint 
                                        resolution with respect to a 
                                        covered Supreme Court decision 
                                        described in section 2(3)(A), 
                                        the committee of the Senate 
                                        with jurisdiction over the 
                                        subject matter that 
                                        predominates in the covered 
                                        provisions of Federal statute 
                                        at issue in the covered Supreme 
                                        Court decision; or
                                            (bb) for a covered joint 
                                        resolution with respect to a 
                                        covered Supreme Court decision 
                                        described in section 2(3)(B), 
                                        the committee of the Senate 
                                        with jurisdiction over the 
                                        subject matter that 
                                        predominates in relation to the 
                                        right affected by the covered 
                                        Supreme Court decision.
    (e) Expedited Consideration in Senate.--
            (1) Proceeding to consideration.--
                    (A) In general.--Notwithstanding rule XXII of the 
                Standing Rules of the Senate, in the Senate, it shall 
                be in order--
                            (i) to move to proceed to a covered joint 
                        resolution reported to the Senate under 
                        subsection (c)(1) not later than 10 days after 
                        the date on which the covered joint resolution 
                        is reported; or
                            (ii) to move to proceed to a covered joint 
                        resolution placed on the calendar under 
                        subsection (d) not later than 10 days after the 
                        date on which the covered joint resolution is 
                        placed on the calendar.
                    (B) Procedure.--For a motion to proceed to the 
                consideration of a covered joint resolution--
                            (i) all points of order against the motion 
                        are waived;
                            (ii) the motion is not debatable;
                            (iii) the motion is not subject to a motion 
                        to postpone;
                            (iv) a motion to reconsider the vote by 
                        which the motion is agreed to or disagreed to 
                        shall not be in order; and
                            (v) if the motion is agreed to, the covered 
                        joint resolution shall remain the unfinished 
                        business until disposed of.
            (2) Floor consideration generally.--If the Senate proceeds 
        to consideration of a covered joint resolution--
                    (A) all points of order against the covered joint 
                resolution (and against consideration of the covered 
                joint resolution) are waived, except for points of 
                order relating to extraneous matter;
                    (B) consideration of the covered joint resolution, 
                and all debatable motions and appeals in connection 
                therewith, shall be limited to not more than 10 hours, 
                which shall be divided equally between the majority and 
                minority leaders or their designees;
                    (C) a motion further to limit debate is in order 
                and not debatable;
                    (D) an amendment to, a motion to postpone, or a 
                motion to recommit the covered joint resolution is not 
                in order; and
                    (E) a motion to proceed to the consideration of 
                other business is not in order.
            (3) Point of order against extraneous matter.--
                    (A) Point of order.--
                            (i) In general.--In the Senate, it shall 
                        not be in order to consider a provision in a 
                        covered joint resolution that contains 
                        extraneous matter.
                            (ii) Point of order sustained.--If a point 
                        of order is made by a Senator against a 
                        provision described in clause (i), and the 
                        point of order is sustained by the Chair, that 
                        provision shall be stricken from the measure.
                    (B) Form of the point of order.--A point of order 
                under subparagraph (A)(i) may be raised by a Senator as 
                provided in section 313(e) of the Congressional Budget 
                Act of 1974 (2 U.S.C. 644(e)).
                    (C) Conference reports.--When the Senate is 
                considering a conference report on, or an amendment 
                between the Houses in relation to, a covered joint 
                resolution, upon a point of order being made by any 
                Senator pursuant to subparagraph (A)(i), and such point 
                of order being sustained, such material contained in 
                such conference report or House amendment shall be 
                stricken, and the Senate shall proceed to consider the 
                question of whether the Senate shall recede from its 
                amendment and concur with a further amendment, or 
                concur in the House amendment with a further amendment, 
                as the case may be, which further amendment shall 
                consist of only that portion of the conference report 
                or House amendment, as the case may be, not so 
                stricken. Any such motion in the Senate shall not be 
                debatable. In any case in which such point of order is 
                sustained against a conference report (or Senate 
                amendment derived from such conference report by 
                operation of this subparagraph), no further amendment 
                shall be in order.
                    (D) Supermajority waiver and appeal.--In the 
                Senate, this paragraph may be waived or suspended only 
                by an affirmative vote of three-fifths of the Members, 
                duly chose and sworn. An affirmative vote of three-
                fifths of Members of the Senate, duly chosen and sworn 
                shall be required to sustain an appeal of the ruling of 
                the Chair on a point of order raised under this 
                paragraph.
            (4) Vote on passage.--The vote on passage of a covered 
        joint resolution shall occur immediately following the 
        conclusion of the consideration of the covered joint 
        resolution, and a single quorum call at the conclusion of the 
        debate if requested in accordance with the rules of the Senate.
            (5) Limitation on multiple measures.--If a covered joint 
        resolution with respect to a covered Supreme Court decision is 
        agreed to in the Senate, it shall not be in order in the Senate 
        to move to proceed to any other covered joint resolution that 
        was introduced in the Senate with respect to the covered 
        Supreme Court decision.
            (6) Rulings of the chair on procedure.--Appeals from the 
        decisions of the Chair relating to the application of this 
        subsection or the rules of the Senate, as the case may be, to 
        the procedure relating to a covered joint resolution shall be 
        decided without debate.
    (f) Additional Procedures.--
            (1) Treatment of covered joint resolution of other house.--
                    (A) In general.--If the Senate receives from the 
                House of Representatives a covered joint resolution, 
                the covered joint resolution of the House of 
                Representatives shall be entitled to expedited floor 
                procedures under this section, without regard to 
                whether Senate introduced or considered a covered joint 
                resolution relating to the applicable covered Supreme 
                Court decision.
                    (B) Limitation on multiple measures.--If a covered 
                joint resolution with respect to a covered Supreme 
                Court decision received from the House of 
                Representatives is considered in the Senate under the 
                procedures under this section, it shall not be in order 
                in the Senate to move to proceed to any other covered 
                joint resolution with respect to the covered Supreme 
                Court decision that is received from the House of 
                Representatives.
            (2) Vetoes.--If the President vetoes a covered joint 
        resolution, consideration of a veto message in the Senate under 
        this section shall be not more than 2 hours equally divided 
        between the majority and minority leaders or their designees.
    (g) Rules of House of Representatives and Senate.--Paragraphs (2) 
and (3) of subsection (a) and subsections (b) through (f) are enacted 
by Congress--
            (1) as an exercise of the rulemaking power of the Senate 
        and House of Representatives, respectively, and as such are 
        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 covered joint resolution, and 
        supersede other rules only to the extent that they are 
        inconsistent with such rules; and
            (2) 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.

SEC. 4. RULE OF CONSTRUCTION.

    Nothing in this Act shall be construed to limit the authority of 
the Senate or the House of Representatives to consider and enact 
legislation relating to covered provisions of Federal statute or rights 
under the Constitution of the United States under other applicable 
procedures.
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