[Congressional Record Volume 155, Number 198 (Tuesday, December 22, 2009)]
[Senate]
[Pages S13791-S13792]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3294. 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 in title I, insert the following:

     SEC. __. ENSURING THE AFFORDABILITY OF COVERAGE.

       Notwithstanding any other provision of this Act, this Act 
     (and the amendment made by this Act) shall not take effect 
     until the date on which the Secretary of Health and Human 
     Services certifies to Congress that the implementation of 
     this Act (and amendments) will not result in a greater 
     increase in health insurance premiums than the increase that 
     is otherwise projected under current law for more than 
     1,000,000 Americans.
                                 ______
                                 
  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.
                                 ______
                                 
  SA 3296. 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 in title I, insert the following:

     SEC. __. PROHIBITION ON UNFUNDED MANDATES.

       Notwithstanding any other provision of this title (or an 
     amendment made by this title), no State or locality shall be 
     required to comply with a requirement of this title (or 
     amendment) prior to the date on which funds are appropriated 
     at the full authorized level as provided for in this Act (or 
     an amendment made by this Act).
                                 ______
                                 
  SA 3297. Mr. DeMINT 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. __. POINT OF ORDER.

       (a) In General.--It shall not be in order in the Senate to 
     consider a congressionally directed spending item, a limited 
     tax benefit, or a limited tariff benefit, if a Senator, 
     Member, Delegate, or Resident Commissioner has conditioned 
     the inclusion of language to provide funding for a 
     congressional directed spending item, a limited tax benefit, 
     or a limited tariff benefit in any amendment, bill, or joint 
     resolution (or an accompanying report) or in any conference 
     report on a bill or joint resolution (including an 
     accompanying joint explanatory statement of managers) on any 
     vote cast by any Senator, Member, Delegate, or Resident 
     Commissioner.
       (b) Waiver.--The provisions of this section be waived or 
     suspended only by the affirmative vote of two-thirds of the 
     Members, present and voting.
       (c) Appeals.--Appeals from the decisions of the Chair 
     relating to any provision of this section shall be limited to 
     1 hour, to be equally divided between, and controlled by, the 
     appellant and the manager of the measure. An affirmative vote 
     of two-thirds of the Members of the Senate, present and 
     voting, shall be required to sustain an appeal of the ruling 
     of the Chair on a point of order raised under this section.

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