§ 612. — Reports and intervention rights.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC612]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 6--THE ANALYSIS OF REGULATORY FUNCTIONS
Sec. 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 President 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 appear as amicus curiae in any action
brought in a court of the United States to review a rule. In any such
action, the Chief Counsel is authorized to present his or her views with
respect to compliance with this chapter, the adequacy of the rulemaking
record with respect to small entities and the effect of the rule on
small entities.
(c) A court of the United States shall grant the application of the
Chief Counsel for Advocacy of the Small Business Administration to
appear in any such action for the purposes described in subsection (b).
(Added Pub. L. 96-354, Sec. 3(a), Sept. 19, 1980, 94 Stat. 1170; amended
Pub. L. 104-121, title II, Sec. 243(b), Mar. 29, 1996, 110 Stat. 866.)
Amendments
1996--Subsec. (a). Pub. L. 104-121, Sec. 243(b)(1), which directed
substitution of ``the Committees on the Judiciary and Small Business of
the Senate and House of Representatives'' for ``the committees on the
Judiciary of the Senate and the House of Representatives, the Select
Committee on Small Business of the Senate, and the Committee on Small
Business of the House of Representatives'', was executed by making the
substitution for ``the Committees on the Judiciary of the Senate and
House of Representatives, the Select Committee on Small Business of the
Senate, and the Committee on Small Business of the House of
Representatives'' to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 104-121, Sec. 243(b)(2), substituted ``his or
her views with respect to compliance with this chapter, the adequacy of
the rulemaking record with respect to small entities and the'' for ``his
views with respect to the''.
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.
