2 U.S.C. § 922 — Judicial review

Page 283 TITLE 2—THE CONGRESS § 922 1 See References in Text note below. SUBCHAPTER II—OPERATION AND REVIEW § 921. Transferred Editorial Notes CODIFICATION Section, Pub. L. 99–177, title II, § 273, Dec. 12, 1985, 99 Stat. 1098, which related to revenue estimates, was re- designated as section 201(g) of Pub. L. 93–344 by section 13202(b) of Pub. L. 101–508 and is classified to section 601(f) of this title. § 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 judg- ment and injunctive relief on the ground that any order that might be issued pursuant to section 904 of this title violates the Constitu- tion. (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 in- junctive relief concerning the constitu- tionality 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 Rep- resentatives, 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 Rep- resentatives to intervene in an action brought under paragraph (1), (2), or (3) without the neces- sity 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 pursu- ant 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) 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 sub- section (a). (d) Noncompliance with sequestration proce- dures (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 in- creases under any program specified in section 906(a) 1 of this title if such increases are re- quired 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 budg- etary resources which is required to be seques- tered by such subchapter (or sequesters more than that amount) with respect to any pro- gram, project, activity, or account, the President shall, within 20 days after such de- termination is made, revise the order in accord- ance 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 re- quired to be reduced by subchapter I of this chapter, (B) does not sequester any amount of new budget authority, new loan guarantee commit- ments, new direct loan obligations, or spend- ing authority which is required to be seques- tered by such subchapter I, or (C) does not reduce any obligation limita- tion by the amount by which such limitation is required to be reduced under such sub- chapter, on the claim or defense that the constitutional powers of the President prevent such sequestra- tion 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 ap- peal 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 addi- tion to the rights of any person under law, sub- ject to subsection (e). Page 284 TITLE 2—THE CONGRESS § 931 1 So in original. The word ‘‘and’’ probably should not appear. (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 Di- rector 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, § 274, Dec. 12, 1985, 99 Stat. 1098; Pub. L. 100–119, title I, § 102(b)(9), (10), Sept. 29, 1987, 101 Stat. 774, 775; Pub. L. 105–33, title X, § 10211, Aug. 5, 1997, 111 Stat. 711.) 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), sub- stituted ‘‘section 904’’ for ‘‘section 902’’. Subsec. (d)(1). Pub. L. 105–33, § 10211(1), substituted ‘‘section 904’’ for ‘‘section 902(b)’’ in introductory provi- sions. 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 ex- tent 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 obliga- tions, or spending authority’’. Directory language di- recting the striking of ‘‘or’’ after the comma was exe- cuted 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 obli- gation limitations by the amount by which such limi- tations 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, ac- tivity, 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 ‘‘sec- tion 904’’ for ‘‘section 902’’. Subsec. (f). Pub. L. 105–33, § 10211(5), redesignated sub- sec. (g) as (f) and struck out heading and text of former subsec. (f) consisting of pars. (1) to (5) relating to alter- native procedures for joint reports of directors. Subsec. (g). Pub. L. 105–33, § 10211(6), substituted ‘‘fig- ures’’ for ‘‘base levels of total revenues and total budg- et outlays, as’’ and ‘‘section 904 of this title’’ for ‘‘sec- tion 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 sub- sec. (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 pro- cedures described in section 901 of this title are invali- dated, 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 sub- section.’’ Subsec. (f)(2), (3). Pub. L. 100–119, § 102(b)(9)(B), sub- stituted ‘‘Director of CBO’’ for ‘‘Directors’’ wherever appearing. Subsec. (f)(5). Pub. L. 100–119, § 102(b)(9)(C), sub- stituted ‘‘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)’’. CHAPTER 20A—STATUTORY PAY-AS-YOU-GO Sec. 931. Purpose. 932. Definitions and applications. 933. PAYGO estimates and PAYGO scorecards. 934. Annual report and sequestration order. 935. Calculating a sequestration. 936. Adjustment for current policies. 937. Application of BBEDCA. 938. Determinations and points of order. 939. Limitation on changes to the Social Security Act. § 931. Purpose The purpose of this chapter is to reestablish a statutory procedure to enforce a rule of budget neutrality on new revenue and direct spending legislation. (Pub. L. 111–139, title I, § 2, Feb. 12, 2010, 124 Stat. 8.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this title’’, meaning title I of Pub. L. 111–139, Feb. 12, 2010, 124 Stat. 8, which is classified principally to this chapter. For complete classification of title I to the Code, see Short Title note set out below and Tables. Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 111–139, title I, § 1, Feb. 12, 2010, 124 Stat. 8, provided that: ‘‘This title [enacting this chapter and amending sections 639, 900, 905, and 906 of this title] may be cited as the ‘Statutory Pay-As-You-Go Act of 2010’.’’ § 932. Definitions and applications As used in this chapter— (1) The term ‘‘BBEDCA’’ means the Balanced Budget and Emergency Deficit Control Act of 1985. (2) The definitions set forth in section 622 of this title and in section 250 of BBEDCA [2 U.S.C. 900] shall apply to this chapter, except to the extent that they are specifically modi- fied as follows: (A) The term ‘‘outyear’’ means a fiscal year one or more years after the budget year. (B) In section 250(c)(8)(C) [2 U.S.C. 900(c)(8)(C)], the reference to the food stamp program shall be deemed to be a reference to the Supplemental Nutrition Assistance Pro- gram. (3) The term ‘‘AMT’’ means the Alternative Minimum Tax for individuals under sections 55–59 of title 26, the term ‘‘EGTRRA’’ means the Economic Growth and Tax Relief Rec- onciliation Act of 2001 (Public Law 107–16), and the term ‘‘JGTRRA’’ means the Jobs and Growth Tax Relief and 1 Reconciliation Act of 2003 (Public Law 108–27).