BBEDCA (Contents)

Balanced Budget and Emergency Deficit Control Act of 1985

Section 274

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Title II—Deficit Reduction Procedures 

PART E—MISCELLANEOUS AND RELATED PROVISIONS
sec. 274.  judicial review.[1] 

(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 254 violates the Constitution.

(2) Any Member of Congress, or any other person adversely affected by any action taken under this title, 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.

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 254 do not comply with the requirements of this title.

(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, United States Code.

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) 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 subsection (a).

(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 254 for any fiscal year—

(A) does not reduce automatic spending increases under any program specified in section 256(a)[2] if such increases are required to be reduced by part C of this title (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 part (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 254 for any fiscal year—

(A) does not reduce any automatic spending increase to the extent that such increase is required to be reduced by part C of this title,

(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 part, or

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

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 254 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 254, 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).

(g) Economic Data, Assumptions, and Methodologies.—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 254, shall not be subject to review in any judicial or administrative proceeding.

 

 

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COUNSEL NOTES
COUNSEL ENDNOTES

[1] This section is classified to the U.S. Code at 2 U.S.C. 922.

[2]  Section 256(a) was repealed by section 10(a) of the Statutory Pay-As-You-Go Act of 2010. This subsection provided for special rules for the sequestration of certain Federal programs, allowing only automatic reductions in “automatic spending increases” to be subject to reductions.  S-Paygo Act 2010 repealed the special treatment and instead exempted the program in its entirety. Prior to repeal, subsection 256(a) read as follows: 

(a) Automatic Spending Increases.—Automatic spending increases are increases in outlays due to changes in indexes in the following programs:

(1) Special milk program; and

(2) Vocational rehabilitation basic State grants.

In those programs all amounts other than the automatic spending increases shall be exempt from reduction under any order issued under this part.


Legislative History Notes
Public Laws

Pub. L. 99–177, title II, §274, Dec. 12, 1985, 99 Stat. 1098 (Balanced Budget and Emergency Deficit Control Act of 1985).

Pub. L. 100–119, title I, §102(b)(9), (10), Sept. 29, 1987, 101 Stat. 774 and 775 (Balanced Budget and Emergency Deficit Control Reaffirmation Act of 1987).

Pub. L. 105–33, title X, §10211, Aug. 5, 1997, 111 Stat. 711 (Budget Enforcement Act of 1997).

References and codification

The term “this title”, referred to in subsection (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.

Section 256(a) (2 U.S.C. 906(a)), referred to in subsection (d)(1)(A), was repealed by Pub. L. 111–139, title I, §10(a), Feb. 12, 2010, 124 Stat. 21 (Statutory Pay-As-You-Go Act of 2010).

Amendments 
1997 

General.

Section 10211. Judicial Review of the Budget Enforcement Act of 1997 (Pub. L. 105-33) amended this section, changing provisions as described below. 

Subsection (a)(1), (3).

Pub. L. 105–33 (BEA 1997), §10211(1), substituted “section 254” (2 U.S.C. 904) for “section 252” (2 U.S.C. 902).

Subsection (d)(1).

Pub. L. 105–33 (BEA 1997), §10211(1), substituted “section 254” (2 U.S.C. 904) for “section 252(b)” (2 U.S.C. 902(b)) in introductory provisions.

Subsection (d)(1)(A).

Pub. L. 105–33 (BEA 1997), §10211(2), substituted “256(a) of this title if” for “257(1) of this title to the extent that” and inserted “or” at end.

Subsection (d)(1)(B).

Pub. L. 105–33 (BEA 1997), §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.

Subsection (d)(1)(C).

Pub. L. 105–33 (BEA 1997), §10211(4), struck out subparagraph (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,”.

Subsection (d)(2).

Pub. L. 105–33 (BEA 1997), §10211(1), substituted “section 254” for “section 252(b)” in introductory and concluding provisions.

Subsection (e).

Pub. L. 105–33 (BEA 1997), §10211(1), substituted “section 254” for “section 252”.

Subsection (f).

Pub. L. 105–33 (BEA 1997), §10211(5), redesignated subsection (g) as (f) and struck out heading and text of former subsection (f) consisting of pars. (1) to (5) relating to alternative procedures for joint reports of directors.

Subsection (g).

Pub. L. 105–33 (BEA 1997), §10211(6), substituted “figures” for “base levels of total revenues and total budget outlays, as” and “section 254 of this title” for “section 251(a)(2)(B) or (c)(2) of this title,”.

Pub. L. 105–33 (BEA 1997), §10211(5), redesignated subsection (h) as (g). Former subsection (g) redesignated (f).

Subsection (h).

Pub. L. 105–33 (BEA 1997), §10211(5), redesignated subsection (h) as (g). 

1987 

Subsection (f)(1).

Pub. L. 100–119 (Balanced Budget and Emergency Control Reaffirmation Act of 1987), §102(b)(9)(A), added paragraph (1) and struck out former paragraph (1) which read as follows: “In the event that any of the reporting procedures described in section 251 of this title are invalidated, then any report of the Directors referred to in section 251(a) or (c)(1) of this title shall be transmitted to the joint committee established under this subsection.”

Subsection (f)(2), (3).

Pub. L. 100–119 (Balanced Budget and Emergency Control Reaffirmation Act of 1987), §102(b)(9)(B), substituted “Director of CBO” for “Directors” wherever appearing.

Subsection (f)(5).

Pub. L. 100–119 (Balanced Budget and Emergency Control Reaffirmation Act of 1987), §102(b)(9)(C), substituted “section 251(a)(2)(B) or (c)(2)” for “section 251(b) or (c)(2)”.

Subsection (h).

Pub. L. 100–119 (Balanced Budget and Emergency Control Reaffirmation Act of 1987), §102(b)(10), substituted “and economic assumptions” for “, assumptions, and methodologies”, “Director of OMB” for “Comptroller General” in two places, and “section 251(a)(2)(B)” for “section 251(b)”.

 

 

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