§ 611. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC611]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
Sec. 611. Judicial review
(a)(1) For any rule subject to this chapter, a small entity that is
adversely affected or aggrieved by final agency action is entitled to
judicial review of agency compliance with the requirements of sections
601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency
compliance with sections 607 and 609(a) shall be judicially reviewable
in connection with judicial review 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 jurisdiction to review any claims of noncompliance with sections
601, 604, 605(b), 608(b), and 610 in accordance with chapter 7. Agency
compliance with sections 607 and 609(a) shall be judicially reviewable
in connection with judicial review 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 commenced 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 action 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 construed 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 requirements 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 connection with such review.
(c) Compliance or noncompliance by an agency with the provisions of
this chapter shall be subject to judicial review only in accordance with
this section.
(d) Nothing in this section bars judicial review of any other impact
statement or similar analysis required by any other law if judicial
review of such statement or analysis is otherwise permitted by law.
(Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1169; amended
Pub. L. 104-121, title II, Sec. 242, Mar. 29, 1996, 110 Stat. 865.)
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 applicability of any of the
provisions of this chapter to any action of the agency shall not be
subject to judicial review.
``(b) Any regulatory flexibility analysis prepared under sections
603 and 604 of this title and the compliance or noncompliance of the
agency with the provisions of this chapter shall not be subject to
judicial review. When an action for judicial review of a rule is
instituted, 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 required by any other law if
judicial review of such statement or analysis is otherwise provided by
law.''
Effective Date of 1996 Amendment
Amendment by Pub. L. 104-121 effective on expiration of 90 days
after Mar. 29, 1996, but inapplicable to interpretative rules for which
a notice of proposed rulemaking 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.
