§ 922. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC922]
TITLE 2--THE CONGRESS
CHAPTER 20--EMERGENCY POWERS TO ELIMINATE BUDGET DEFICITS
SUBCHAPTER II--OPERATION AND REVIEW
Sec. 922. Judicial review
(a) Expedited review
(1) 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.
(2) 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\
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\1\ See References in Text note below.
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(3) 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\
(4) 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.
(5) 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.
(b) 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) of this section 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) of this
section shall be issued by a single Justice of the Supreme Court.
(c) 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) of this section.
(d) Noncompliance with sequestration procedures
(1) 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--
(A) does not reduce automatic spending increases under any
program specified in section 906(a) 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
(B) does not sequester the amount of budgetary resources which
is required to be sequestered by subchapter I of this chapter (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.
(2) If the order issued by the President under section 904 of this
title for any fiscal year--
(A) does not reduce any automatic spending increase to the
extent that such increase is required to be reduced by subchapter I
of this chapter,
(B) 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 subchapter I of
this chapter, or
(C) does not reduce any obligation limitation by the amount by
which such limitation is required to be reduced under subchapter I
of this chapter,
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.
(e) 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.
(f) 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) of this section.
(g) 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.
(Pub. L. 99-177, title II, Sec. 274, Dec. 12, 1985, 99 Stat. 1098; Pub.
L. 100-119, title I, Sec. 102(b)(9), (10), Sept. 29, 1987, 101 Stat.
774, 775; Pub. L. 105-33, title X, Sec. 10211, Aug. 5, 1997, 111 Stat.
711.)
References in Text
This title, referred to in subsec. (a)(2), (3), means title II
(Sec. 200 et seq.) of Pub. L. 99-177, Dec. 12, 1985, 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 901 of this title and Tables.
Amendments
1997--Subsec. (a)(1), (3). Pub. L. 105-33, Sec. 10211(1),
substituted ``section 904'' for ``section 902''.
Subsec. (d)(1). Pub. L. 105-33, Sec. 10211(1), substituted ``section
904'' for ``section 902(b)'' in introductory provisions.
Subsec. (d)(1)(A). Pub. L. 105-33, Sec. 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, Sec. 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, Sec. 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, Sec. 10211(1), substituted ``section
904'' for ``section 902(b)'' in introductory and concluding provisions.
Subsec. (e). Pub. L. 105-33, Sec. 10211(1), substituted ``section
904'' for ``section 902''.
Subsec. (f). Pub. L. 105-33, Sec. 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, Sec. 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, Sec. 10211(5), redesignated subsec. (h) as (g).
Former subsec. (g) redesignated (f).
Subsec. (h). Pub. L. 105-33, Sec. 10211(5), redesignated subsec. (h)
as (g).
1987--Subsec. (f)(1). Pub. L. 100-119, Sec. 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, Sec. 102(b)(9)(B), substituted
``Director of CBO'' for ``Directors'' wherever appearing.
Subsec. (f)(5). Pub. L. 100-119, Sec. 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, Sec. 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)''.
