Title 2 — The Congress
Chapter 20 — Emergency Powers to Eliminate Budget Deficits
§ 922. Judicial review
Statutory text
Expedited review
Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief on the ground that any order that might be issued pursuant to section 904 of this title violates the Constitution.
Any Member of Congress, or any other person adversely affected by any action taken under this title,1 may bring an action, in the United States District Court for the District of Columbia, for declaratory judgment and injunctive relief concerning the constitutionality of this title.1
Any Member of Congress may bring an action, in the United States District Court for the District of Columbia, for declaratory and injunctive relief on the ground that the terms of an order issued under section 904 of this title do not comply with the requirements of this title.1
A copy of any complaint in an action brought under paragraph (1), (2), or (3) shall be promptly delivered to the Secretary of the Senate and the Clerk of the House of Representatives, and each House of Congress shall have the right to intervene in such action.
Any action brought under paragraph (1), (2), or (3) shall be heard and determined by a three-judge court in accordance with section 2284 of title 28.
Nothing in this section or in any other law shall infringe upon the right of the House of Representatives to intervene in an action brought under paragraph (1), (2), or (3) without the necessity of adopting a resolution to authorize such intervention.
Appeal to Supreme Court
Notwithstanding any other provision of law, any order of the United States District Court for the District of Columbia which is issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under paragraph (1), (2), or (3) of subsection (a) shall be issued by a single Justice of the Supreme Court.
Expedited consideration
It shall be the duty of the District Court for the District of Columbia and the Supreme Court of the United States to advance on the docket and to expedite to the greatest possible extent the disposition of any matter brought under subsection (a).
Noncompliance with sequestration procedures
If it is finally determined by a court of competent jurisdiction that an order issued by the President under section 904 of this title for any fiscal year—
does not reduce automatic spending increases under any program specified in section 906(a) 1 of this title if such increases are required to be reduced by subchapter I of this chapter (or reduces such increases by a greater extent than is so required), or
does not sequester the amount of budgetary resources which is required to be sequestered by such subchapter (or sequesters more than that amount) with respect to any program, project, activity, or account,
the President shall, within 20 days after such determination is made, revise the order in accordance with such determination.
If the order issued by the President under section 904 of this title for any fiscal year—
does not reduce any automatic spending increase to the extent that such increase is required to be reduced by subchapter I of this chapter,
does not sequester any amount of new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority which is required to be sequestered by such subchapter I, or
does not reduce any obligation limitation by the amount by which such limitation is required to be reduced under such subchapter,
on the claim or defense that the constitutional powers of the President prevent such sequestration or reduction or permit the avoidance of such sequestration or reduction, and such claim or defense is finally determined by the Supreme Court of the United States to be valid, then the entire order issued pursuant to section 904 of this title for such fiscal year shall be null and void.
Timing of relief
No order of any court granting declaratory or injunctive relief from the order of the President issued under section 904 of this title, including but not limited to relief permitting or requiring the expenditure of funds sequestered by such order, shall take effect during the pendency of the action before such court, during the time appeal may be taken, or, if appeal is taken, during the period before the court to which such appeal is taken has entered its final order disposing of such action.
Preservation of other rights
The rights created by this section are in addition to the rights of any person under law, subject to subsection (e).
Economic data and assumptions
The economic data and economic assumptions used by the Director of OMB in computing the figures specified in any report issued by the Director of OMB under section 904 of this title, shall not be subject to review in any judicial or administrative proceeding.
Footnotes
- 1 See References in Text note below.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 99–177 title II § 274 · 99 Stat. 1037
Enacted · 2 U.S.C. § 922
Pub. L. 99–177, title II, § 274, Dec. 12, 1985, 99 Stat. 1098
Source evidence
Code source credit
Pub. L. 99–177, title II, § 274, Dec. 12, 1985, 99 Stat. 1098Pub. L. 100–119 § 102(b)(9)(A) · 101 Stat. 754
Added · 2 U.S.C. § 922(f)(1)
Pub. L. 100–119, § 102(b)(9)(A), added par. (1)
Struck · 2 U.S.C. § 922(f)(1)
Pub. L. 100–119, § 102(b)(9)(A), struck out former par. (1) which read as follows: “In the event that any of the reporting procedures described in section 901 of this title are invalidated, then any report of the Directors referred to in section 901(a) or (c)(1) of this title shall be transmitted to the joint committee established under this subsection.”
Source evidence
Code amendment note
Subsec. (f)(1). Pub. L. 100–119, § 102(b)(9)(A), added par. (1) and struck out former par. (1) which read as follows: “In the event that any of the reporting procedures described in section 901 of this title are invalidated, then any report of the Directors referred to in section 901(a) or (c)(1) of this title shall be transmitted to the joint committee established under this subsection.”Enacted provision · exact public law section
(A) by striking out paragraph (1) and by inserting in lieu thereof the following new paragraph:Pub. L. 100–119 § 102(b)(9)(B) · 101 Stat. 754
Substituted · 2 U.S.C. § 922(f)(2); 2 U.S.C. § 922(f)(3)
Pub. L. 100–119, § 102(b)(9)(B), substituted “Director of CBO” for “Directors” wherever appearing
Source evidence
Code amendment note
Subsec. (f)(2), (3). Pub. L. 100–119, § 102(b)(9)(B), substituted “Director of CBO” for “Directors” wherever appearing.Enacted provision · exact public law section
(B) in paragraphs (2) and (3) by striking out “Directors” both places it appears therein and by inserting in lieu thereof “Director of CBO”; andPub. L. 100–119 § 102(b)(9)(C) · 101 Stat. 754
Substituted · 2 U.S.C. § 922(f)(5)
Pub. L. 100–119, § 102(b)(9)(C), substituted “section 901(a)(2)(B) or (c)(2)” for “section 901(b) or (c)(2)”
Source evidence
Code amendment note
Subsec. (f)(5). Pub. L. 100–119, § 102(b)(9)(C), substituted “section 901(a)(2)(B) or (c)(2)” for “section 901(b) or (c)(2)”.Enacted provision · exact public law section
(C) in paragraph (5) by striking out “section 251 (b) or (c)(2)” and by inserting in lieu thereof “section 251 (a)(2)(B) or (c)(2)”.Pub. L. 100–119 § 102(b)(10) · 101 Stat. 754
Substituted · 2 U.S.C. § 922(h)
Pub. L. 100–119, § 102(b)(10), substituted “and economic assumptions” for “, assumptions, and methodologies”
Substituted · 2 U.S.C. § 922(h)
Pub. L. 100–119, § 102(b)(10), substituted “Director of OMB” for “Comptroller General”
Substituted · 2 U.S.C. § 922(h)
Pub. L. 100–119, § 102(b)(10), substituted “section 901(a)(2)(B)” for “section 901(b)”
Source evidence
Code amendment note
Subsec. (h). Pub. L. 100–119, § 102(b)(10), substituted “and economic assumptions” for “, assumptions, and methodologies”, “Director of OMB” for “Comptroller General” in two places, and “section 901(a)(2)(B)” for “section 901(b)”.Enacted provision · exact public law section
(10) Comptroller general’s estimates.— Subsection (h) of section 274 of the Act is amended— 2 USC 922. (A) by striking out “Comptroller General” both times it appears therein and by inserting in lieu thereof “Director of OMB” and by striking out “section 251(b)” and by inserting in lieu thereof “section 251(a)(2)(B)”; and (B) by striking out assumptions, and methodologies” and by inserting in lieu thereof “and economic assumptions”.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(1) · 111 Stat. 251
Substituted · 2 U.S.C. § 922(a)(1); 2 U.S.C. § 922(a)(3)
Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”
Source evidence
Code amendment note
Subsec. (a)(1), (3). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”.Enacted provision · exact public law section
(1) Strike “252” or “252(b)” each place it occurs and insert “254”.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(1) · 111 Stat. 251
Substituted · 2 U.S.C. § 922(d)(1)
Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory provisions
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory provisions.Enacted provision · exact public law section
(1) Strike “252” or “252(b)” each place it occurs and insert “254”.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(2) · 111 Stat. 251
Substituted · 2 U.S.C. § 922(d)(1)(A)
Pub. L. 105–33, § 10211(2), substituted “906(a) of this title if” for “907(1) of this title to the extent that”
Inserted · 2 U.S.C. § 922(d)(1)(A)
Pub. L. 105–33, § 10211(2), inserted “or” at end
Source evidence
Code amendment note
Subsec. (d)(1)(A). Pub. L. 105–33, § 10211(2), substituted “906(a) of this title if” for “907(1) of this title to the extent that” and inserted “or” at end.Enacted provision · exact public law section
(2) In subsection (d)(1)(A), strike “257(1) to the extent that” and insert “256(a) if” and at the end insert “or”.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(3) · 111 Stat. 251
Substituted · 2 U.S.C. § 922(d)(1)(B)
Pub. L. 105–33, § 10211(3), substituted “budgetary resources” for “new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority”. Directory language directing the striking of “or” after the comma was executed by striking “or” after “account,” and not after “activity,” to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (d)(1)(B). Pub. L. 105–33, § 10211(3), substituted “budgetary resources” for “new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority”. Directory language directing the striking of “or” after the comma was executed by striking “or” after “account,” and not after “activity,” to reflect the probable intent of Congress.Enacted provision · exact public law section
(3) In subsection (d)(1)(B), strike “new budget” and all that follows through “spending authority” and insert “budgetary resources” and strike “or” after the comma.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(4) · 111 Stat. 251
Struck · 2 U.S.C. § 922(d)(1)(C)
Pub. L. 105–33, § 10211(4), struck out subpar. (C) which read as follows: “does not reduce obligation limitations by the amount by which such limitations are required to be reduced under subchapter I of this chapter (or reduces such limitations by more than that amount) with respect to any program, project, activity, or account,”
Source evidence
Code amendment note
Subsec. (d)(1)(C). Pub. L. 105–33, § 10211(4), struck out subpar. (C) which read as follows: “does not reduce obligation limitations by the amount by which such limitations are required to be reduced under subchapter I of this chapter (or reduces such limitations by more than that amount) with respect to any program, project, activity, or account,”.Enacted provision · exact public law section
(4) Strike subsection (d)(1)(C).Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(1) · 111 Stat. 251
Substituted · 2 U.S.C. § 922(d)(2)
Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory and concluding provisions
Source evidence
Code amendment note
Subsec. (d)(2). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory and concluding provisions.Enacted provision · exact public law section
(1) Strike “252” or “252(b)” each place it occurs and insert “254”.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(1) · 111 Stat. 251
Substituted · 2 U.S.C. § 922(e)
Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”
Source evidence
Code amendment note
Subsec. (e). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”.Enacted provision · exact public law section
(1) Strike “252” or “252(b)” each place it occurs and insert “254”.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(5) · 111 Stat. 251
Redesignated · 2 U.S.C. § 922(f)
Pub. L. 105–33, § 10211(5), redesignated subsec. (g) as (f)
Struck · 2 U.S.C. § 922(f)
Pub. L. 105–33, § 10211(5), struck out heading and text of former subsec. (f) consisting of pars. (1) to (5) relating to alternative procedures for joint reports of directors
Source evidence
Code amendment note
Subsec. (f). Pub. L. 105–33, § 10211(5), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f) consisting of pars. (1) to (5) relating to alternative procedures for joint reports of directors.Enacted provision · exact public law section
(5) Strike subsection (f) and redesignate subsections (g) and (h) as subsections (f) and (g), respectively.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(6) · 111 Stat. 251
Substituted · 2 U.S.C. § 922(g)
Pub. L. 105–33, § 10211(6), substituted “figures” for “base levels of total revenues and total budget outlays, as”
Substituted · 2 U.S.C. § 922(g)
Pub. L. 105–33, § 10211(6), substituted “section 904 of this title” for “section 901(a)(2)(B) or (c)(2) of this title,”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 105–33, § 10211(6), substituted “figures” for “base levels of total revenues and total budget outlays, as” and “section 904 of this title” for “section 901(a)(2)(B) or (c)(2) of this title,”.Enacted provision · exact public law section
(6) In subsection (g) (as redesignated), strike “base levels of total revenues and total budget outlays, as” and insert “figures”, and strike “251(a)(2)(B) or (c)(2),” and insert “254”.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(5) · 111 Stat. 251
Redesignated · 2 U.S.C. § 922(g)
Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f)
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).Enacted provision · exact public law section
(5) Strike subsection (f) and redesignate subsections (g) and (h) as subsections (f) and (g), respectively.Balanced Budget Act of 1997
Pub. L. 105–33 § 10211(5) · 111 Stat. 251
Redesignated · 2 U.S.C. § 922(h)
Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g)
Source evidence
Code amendment note
Subsec. (h). Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g).Enacted provision · exact public law section
(5) Strike subsection (f) and redesignate subsections (g) and (h) as subsections (f) and (g), respectively.
21 of 22 references resolved to an enrolled provision · 1 partial
Editorial Notes
References in Text
This title, referred to in subsec. (a)(2), (3), means title II (§ 200 et seq.) of Pub. L. 99–177, , 99 Stat. 1038, known as the Balanced Budget and Emergency Deficit Control Act of 1985. For complete classification of this Act to the Code, see Short Title note set out under section 900 of this title and Tables.
Section 906(a) of this title, referred to in subsec. (d)(1)(A), was repealed by Pub. L. 111–139, title I, §10(a), , 124 Stat. 21.
Amendments1987–1997 · 2 rounds
1997
Subsec. (a)(1), (3). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”.
Subsec. (d)(1). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 105–33, § 10211(2), substituted “906(a) of this title if” for “907(1) of this title to the extent that” and inserted “or” at end.
Subsec. (d)(1)(B). Pub. L. 105–33, § 10211(3), substituted “budgetary resources” for “new budget authority, new loan guarantee commitments, new direct loan obligations, or spending authority”. Directory language directing the striking of “or” after the comma was executed by striking “or” after “account,” and not after “activity,” to reflect the probable intent of Congress.
Subsec. (d)(1)(C). Pub. L. 105–33, § 10211(4), struck out subpar. (C) which read as follows: “does not reduce obligation limitations by the amount by which such limitations are required to be reduced under subchapter I of this chapter (or reduces such limitations by more than that amount) with respect to any program, project, activity, or account,”.
Subsec. (d)(2). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902(b)” in introductory and concluding provisions.
Subsec. (e). Pub. L. 105–33, § 10211(1), substituted “section 904” for “section 902”.
Subsec. (f). Pub. L. 105–33, § 10211(5), redesignated subsec. (g) as (f) and struck out heading and text of former subsec. (f) consisting of pars. (1) to (5) relating to alternative procedures for joint reports of directors.
Subsec. (g). Pub. L. 105–33, § 10211(6), substituted “figures” for “base levels of total revenues and total budget outlays, as” and “section 904 of this title” for “section 901(a)(2)(B) or (c)(2) of this title,”.
Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 105–33, § 10211(5), redesignated subsec. (h) as (g).
1987
Subsec. (f)(1). Pub. L. 100–119, § 102(b)(9)(A), added par. (1) and struck out former par. (1) which read as follows: “In the event that any of the reporting procedures described in section 901 of this title are invalidated, then any report of the Directors referred to in section 901(a) or (c)(1) of this title shall be transmitted to the joint committee established under this subsection.”
Subsec. (f)(2), (3). Pub. L. 100–119, § 102(b)(9)(B), substituted “Director of CBO” for “Directors” wherever appearing.
Subsec. (f)(5). Pub. L. 100–119, § 102(b)(9)(C), substituted “section 901(a)(2)(B) or (c)(2)” for “section 901(b) or (c)(2)”.
Subsec. (h). Pub. L. 100–119, § 102(b)(10), substituted “and economic assumptions” for “, assumptions, and methodologies”, “Director of OMB” for “Comptroller General” in two places, and “section 901(a)(2)(B)” for “section 901(b)”.
Credits
1985–1997 · 3 acts
- 1985Pub. L. 99–177, title II, § 274, , 99 Stat. 1098
- 1987Pub. L. 100–119, title I, § 102(b)(9), (10), , 101 Stat. 774, 775
- 1997Pub. L. 105–33, title X, § 10211, , 111 Stat. 711.
Show as published
(Pub. L. 99–177, title II, § 274, , 99 Stat. 1098; Pub. L. 100–119, title I, § 102(b)(9), (10), , 101 Stat. 774, 775; Pub. L. 105–33, title X, § 10211, , 111 Stat. 711.)