SEC. 10211. Judicial review.
Section 274 of the Balanced Budget and Emergency Deficit Control Act of 1985 is amended as follows:
(1) Strike “252” or “252(b)” each place it occurs and insert “254”.
(2) In subsection (d)(1)(A), strike “257(l) to the extent that” and insert “256(a) if” and at the end insert “or”.
(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.
(4) Strike subsection (d)(1)(C).
(5) Strike subsection (f) and redesignate subsections (g) and (h) as subsections (f) and (g), respectively.
(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”.
This section was not classified to the U.S. Code.
EXPLANATORY STATEMENT OF MANAGERS
(H. CONF. REPT. 105-217)
The joint explanatory statement of managers for the conference committee on H.R. 2014 summarized this section as follows:
34. Amendments to section 274 of [the Balanced Budget and Emergency Deficit Control Act of 1985]
HOUSE BILL (SECTION 11211)
Makes conforming changes to Section 274 of [the Balanced Budget and Emergency Deficit Control Act of 1985] (providing standing for Members of Congress and other persons affected by sequestration orders to seek judicial review) to reflect changes in section numbers made by this Act.
SENATE AMENDMENT (SECTION 1661)
The Senate amendment is identical with one technical exception.
CONFERENCE AGREEMENT (SECTION 10211)
The conference agreement reflects the House bill with modifications.
U.S. Congress, Joint Explanatory Statement on the Committee of Conference on the Balanced Budget Act of 1997; (Conference Report), Committee on the Budget, House of Representatives, 105th Congress, 1st Session, Washington D.C. 1997, p. 1006.
Congressional Research service report
CRS issued a report on the Budget Enforcement Act of 1997 (Pub. L. 105-33), including this description of this section:
Section 10211. Judicial Review. Section 274 of the BBA provides for expedited judicial review of any court actions brought by a Member of Congress (or other persons) on the grounds that the issuance of a sequestration order by the President is unconstitutional or not in compliance with the terms of the act. Section 10211 of the act makes technical and conforming changes in Section 274.
CRS – Budget Enforcement Act of 1997: Summary and Legislative History by Robert Keith (97-931 GOV) October 8, 1997, p. 20.
LEGISLATIVE HISTORY NOTES
Pub. L. 105–33, title X, §10000, Nov. 5, 1990, 111 Stat. 711; (Budget Enforcement Act of 1997).