5 U.S.C. § 705 — Relief pending review

Page 230 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 705 vides that the action meanwhile is inoperative, for an appeal to superior agency authority. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 392.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1009(c). June 11, 1946, ch. 324, § 10(c), 60 Stat. 243. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface of this report. § 705. Relief pending review When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the re- viewing court, including the court to which a case may be taken on appeal from or on applica- tion for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 393.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1009(d). June 11, 1946, ch. 324, § 10(d), 60 Stat. 243. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface of this report. § 706. Scope of review To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitu- tional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— (1) compel agency action unlawfully with- held or unreasonably delayed; and (2) hold unlawful and set aside agency ac- tion, findings, and conclusions found to be— (A) arbitrary, capricious, an abuse of dis- cretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity; (C) in excess of statutory jurisdiction, au- thority, or limitations, or short of statutory right; (D) without observance of procedure re- quired by law; (E) unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 393.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1009(e). June 11, 1946, ch. 324, § 10(e), 60 Stat. 243. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface of this report. Statutory Notes and Related Subsidiaries ABBREVIATION OF RECORD Pub. L. 85–791, Aug. 28, 1958, 72 Stat. 941, which au- thorized abbreviation of record on review or enforce- ment of orders of administrative agencies and review on the original papers, provided, in section 35 thereof, that: ‘‘This Act [see Tables for classification] shall not be construed to repeal or modify any provision of the Administrative Procedure Act [see Short Title note set out preceding section 551 of this title].’’ CHAPTER 8—CONGRESSIONAL REVIEW OF AGENCY RULEMAKING Sec. 801. Congressional review. 802. Congressional disapproval procedure. 803. Special rule on statutory, regulatory, and ju- dicial deadlines. 804. Definitions. 805. Judicial review. 806. Applicability; severability. 807. Exemption for monetary policy. 808. Effective date of certain rules. § 801. Congressional review (a)(1)(A) Before a rule can take effect, the Fed- eral agency promulgating such rule shall submit to each House of the Congress and to the Comp- troller General a report containing— (i) a copy of the rule; (ii) a concise general statement relating to the rule, including whether it is a major rule; and (iii) the proposed effective date of the rule. (B) On the date of the submission of the report under subparagraph (A), the Federal agency pro- mulgating the rule shall submit to the Comp- troller General and make available to each House of Congress— (i) a complete copy of the cost-benefit anal- ysis of the rule, if any; (ii) the agency’s actions relevant to sections 603, 604, 605, 607, and 609; (iii) the agency’s actions relevant to sec- tions 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and (iv) any other relevant information or re- quirements under any other Act and any rel- evant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide cop- ies of the report to the chairman and ranking member of each standing committee with juris- diction under the rules of the House of Rep- resentatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (D) For any rule submitted under subpara- graph (A), if the Federal agency promulgating