5 U.S.C. § 611 — Judicial review

Page 227 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 612 significant economic impact on a substantial number of small entities, which are to be re- viewed pursuant to this section during the suc- ceeding twelve months. The list shall include a brief description of each rule and the need for and legal basis of such rule and shall invite pub- lic comment upon the rule. (Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1169.) Editorial Notes REFERENCES IN TEXT The effective date of this chapter, referred to in sub- sec. (a), is Jan. 1, 1981. See Effective Date note set out under section 601 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title. § 611. Judicial review (a)(1) For any rule subject to this chapter, a small entity that is adversely affected or ag- grieved by final agency action is entitled to ju- dicial review of agency compliance with the re- quirements of sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency com- pliance with sections 607 and 609(a) shall be judi- cially reviewable in connection with judicial re- view of section 604. (2) Each court having jurisdiction to review such rule for compliance with section 553, or under any other provision of law, shall have ju- risdiction to review any claims of noncompli- ance with sections 601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency compli- ance with sections 607 and 609(a) shall be judi- cially reviewable in connection with judicial re- view of section 604. (3)(A) A small entity may seek such review during the period beginning on the date of final agency action and ending one year later, except that where a provision of law requires that an action challenging a final agency action be com- menced before the expiration of one year, such lesser period shall apply to an action for judicial review under this section. (B) In the case where an agency delays the issuance of a final regulatory flexibility analysis pursuant to section 608(b) of this chapter, an ac- tion for judicial review under this section shall be filed not later than— (i) one year after the date the analysis is made available to the public, or (ii) where a provision of law requires that an action challenging a final agency regulation be commenced before the expiration of the 1- year period, the number of days specified in such provision of law that is after the date the analysis is made available to the public. (4) In granting any relief in an action under this section, the court shall order the agency to take corrective action consistent with this chapter and chapter 7, including, but not limited to— (A) remanding the rule to the agency, and (B) deferring the enforcement of the rule against small entities unless the court finds that continued enforcement of the rule is in the public interest. (5) Nothing in this subsection shall be con- strued to limit the authority of any court to stay the effective date of any rule or provision thereof under any other provision of law or to grant any other relief in addition to the require- ments of this section. (b) In an action for the judicial review of a rule, the regulatory flexibility analysis for such rule, including an analysis prepared or corrected pursuant to paragraph (a)(4), shall constitute part of the entire record of agency action in con- nection with such review. (c) Compliance or noncompliance by an agency with the provisions of this chapter shall be sub- ject to judicial review only in accordance with this section. (d) Nothing in this section bars judicial review of any other impact statement or similar anal- ysis required by any other law if judicial review of such statement or analysis is otherwise per- mitted by law. (Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94 Stat. 1169; amended Pub. L. 104–121, title II, § 242, Mar. 29, 1996, 110 Stat. 865.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–121 amended section generally. Prior to amendment, section read as follows: ‘‘(a) Except as otherwise provided in subsection (b), any determination by an agency concerning the appli- cability of any of the provisions of this chapter to any action of the agency shall not be subject to judicial re- view. ‘‘(b) Any regulatory flexibility analysis prepared under sections 603 and 604 of this title and the compli- ance or noncompliance of the agency with the provi- sions of this chapter shall not be subject to judicial re- view. When an action for judicial review of a rule is in- stituted, any regulatory flexibility analysis for such rule shall constitute part of the whole record of agency action in connection with the review. ‘‘(c) Nothing in this section bars judicial review of any other impact statement or similar analysis re- quired by any other law if judicial review of such state- ment or analysis is otherwise provided by law.’’ Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–121 effective on expiration of 90 days after Mar. 29, 1996, but inapplicable to inter- pretative rules for which a notice of proposed rule- making was published prior to Mar. 29, 1996, see section 245 of Pub. L. 104–121, set out as a note under section 601 of this title. EFFECTIVE DATE Section effective Jan. 1, 1981, see section 4 of Pub. L. 96–354, set out as a note under section 601 of this title. § 612. Reports and intervention rights (a) The Chief Counsel for Advocacy of the Small Business Administration shall monitor agency compliance with this chapter and shall report at least annually thereon to the Presi- dent and to the Committees on the Judiciary and Small Business of the Senate and House of Representatives. (b) The Chief Counsel for Advocacy of the Small Business Administration is authorized to