
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 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.
