2 U.S.C. § 909 — Repealed. Pub. L. 101–508, title XIII,

Page 282 TITLE 2—THE CONGRESS § 908 scribed in section 632(d) of this title with re- spect to alternatives to the order envisioned by such report insofar as such order affects laws within the jurisdiction of the committee. (2) Initial Budget Committee action After the submission of such a report, the Committee on the Budget of the Senate may, not later than October 15, report to the Senate a resolution. The resolution may affirm the impact of the order envisioned by such report, in whole or in part. To the extent that any part is not affirmed, the resolution shall state which parts are not affirmed and shall contain instructions to committees of the Senate of the type referred to in section 641(a) of this title, sufficient to achieve at least the total level of deficit reduction contained in those sections which are not affirmed. (3) Response of committees Committees instructed pursuant to para- graph (2), or affected thereby, shall submit their responses to the Budget Committee no later than 10 days after the resolution referred to in paragraph (2) is agreed to, except that if only one such Committee is so instructed such Committee shall, by the same date, report to the Senate a reconciliation bill or reconcili- ation resolution containing its recommenda- tions in response to such instructions. A com- mittee shall be considered to have complied with all instructions to it pursuant to a reso- lution adopted under paragraph (2) if it has made recommendations with respect to mat- ters within its jurisdiction which would result in a reduction in the deficit at least equal to the total reduction directed by such instruc- tions. (4) Budget Committee action Upon receipt of the recommendations re- ceived in response to a resolution referred to in paragraph (2), the Budget Committee shall report to the Senate a reconciliation bill or reconciliation resolution, or both, carrying out all such recommendations without any substantive revisions. In the event that a com- mittee instructed in a resolution referred to in paragraph (2) fails to submit any recommenda- tion (or, when only one committee is in- structed, fails to report a reconciliation bill or resolution) in response to such instructions, the Budget Committee shall include in the reconciliation bill or reconciliation resolution reported pursuant to this subparagraph legis- lative language within the jurisdiction of the noncomplying committee to achieve the amount of deficit reduction directed in such instructions. (5) Point of order It shall not be in order in the Senate to con- sider any reconciliation bill or reconciliation resolution reported under paragraph (4) with respect to a fiscal year, any amendment there- to, or any conference report thereon if— (A) the enactment of such bill or resolu- tion as reported; (B) the adoption and enactment of such amendment; or (C) the enactment of such bill or resolu- tion in the form recommended in such con- ference report, would cause the amount of the deficit for such fiscal year to exceed the maximum deficit amount for such fiscal year, unless the low- growth report submitted under section 904 of this title projects negative real economic growth for such fiscal year, or for each of any two consecutive quarters during such fiscal year. (6) Treatment of certain amendments In the Senate, an amendment which adds to a resolution reported under paragraph (2) an instruction of the type referred to in such paragraph shall be in order during the consid- eration of such resolution if such amendment would be in order but for the fact that it would be held to be non-germane on the basis that the instruction constitutes new matter. (7) ‘‘Day’’ defined For purposes of paragraphs (1), (2), and (3), the term ‘‘day’’ shall mean any calendar day on which the Senate is in session. (b) Procedures (1) In general Except as provided in paragraph (2), in the Senate the provisions of sections 636 and 641 of this title for the consideration of concurrent resolutions on the budget and conference re- ports thereon shall also apply to the consider- ation of resolutions, and reconciliation bills and reconciliation resolutions reported under this paragraph and conference reports thereon. (2) Limit on debate Debate in the Senate on any resolution re- ported pursuant to subsection (a)(2), and all amendments thereto and debatable motions and appeals in connection therewith, shall be limited to 10 hours. (3) Limitation on amendments Section 641(d)(2) of this title shall apply to reconciliation bills and reconciliation resolu- tions reported under this subsection. (4) Bills and resolutions received from the House Any bill or resolution received in the Senate from the House, which is a companion to a reconciliation bill or reconciliation resolution of the Senate for the purposes of this sub- section, shall be considered in the Senate pur- suant to the provisions of this subsection. (5) ‘‘Resolution’’ defined For purposes of this subsection, the term ‘‘resolution’’ means a simple, joint, or concur- rent resolution. (Pub. L. 99–177, title II, § 258C, as added Pub. L. 101–508, title XIII, § 13101(g), Nov. 5, 1990, 104 Stat. 1388–600.) § 908. Repealed. Pub. L. 105–33, title X, § 10210, Aug. 5, 1997, 111 Stat. 711 Section, Pub. L. 99–177, title II, § 258, as added Pub. L. 100–119, title I, § 105(a), Sept. 29, 1987, 101 Stat. 778, re- lated to modification of Presidential order. § 909. Repealed. Pub. L. 101–508, title XIII, § 13212, Nov. 5, 1990, 104 Stat. 1388–621 Section, Pub. L. 100–119, title II, § 202, Sept. 29, 1987, 101 Stat. 784, prohibited counting as savings transfer of Government actions from one year to another. 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).