§922 — Title 2 The Congress | U.S. Code

Summary

Members of Congress and people who are hurt by actions under section 904 can go to the U.S. District Court in Washington, D.C. to ask a judge to say an order is unconstitutional or does not follow the law and to block or change it. A copy of the complaint must be sent quickly to the Secretary of the Senate and the Clerk of the House, and either House can join the lawsuit. A three-judge panel must hear these cases, and any decision can be appealed straight to the Supreme Court. The notice of appeal must be filed within 10 days, and the written statement explaining why the Supreme Court can hear the case must be filed within 30 days. A single Justice cannot put a temporary hold on these orders. The district court and the Supreme Court must move these cases as fast as they can. A court can finally decide whether a President’s order under section 904 did or did not make the required cuts to automatic spending increases or did or did not withhold (sequester) the required amounts, or whether it changed those amounts too much. No court order that allows spending money that was held back, or otherwise gives relief from the President’s order, takes effect while the case is under way, during the time for appeal, or until the appeal court issues its final decision. These rights are additional to other legal rights, but they follow the rule above. The economic data and assumptions the OMB Director used in reports under section 904 cannot be reviewed in court or in administrative proceedings.

Title 2, §922

The Congress — Source: USLM XML via OLRC

(a)(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,11 See References in Text note below. 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

(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.

(b)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.

(c)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).

(d)(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) 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

(B)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,

(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 such subchapter I, or

(C)does not reduce any obligation limitation by the amount by which such limitation is required to be reduced under such subchapter,

(e)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)The rights created by this section are in addition to the rights of any person under law, subject to subsection (e).

(g)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.

Notes & Related Subsidiaries

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, 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 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), Feb. 12, 2010, 124 Stat. 21.

Amendments

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)”.

§922 Judicial review