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denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought. (Pub. L. 89554, Sept. 6, 1966, 80 Stat. 392; Pub. L. 94574, 1, Oct. 21, 1976, 90 Stat. 2721.)
HISTORICAL AND REVISION NOTES
Derivation .................. U.S. Code 5 U.S.C. 1009(a). Revised Statutes and Statutes at Large June 11, 1946, ch. 324, 10(a), 60 Stat. 243.

Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority. (Pub. L. 89554, Sept. 6, 1966, 80 Stat. 392.)
HISTORICAL AND REVISION NOTES
Derivation .................. U.S. Code 5 U.S.C. 1009(c). Revised Statutes and Statutes at Large June 11, 1946, ch. 324, 10(c), 60 Stat. 243.

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1976Pub. L. 94574 removed the defense of sovereign immunity as a bar to judicial review of Federal administrative action otherwise subject to judicial review.

Standard changes are made to conform with the definitions 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 reviewing court, including the court to which a case may be taken on appeal from or on application 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. 89554, Sept. 6, 1966, 80 Stat. 393.)
HISTORICAL AND REVISION NOTES
Derivation .................. U.S. Code 5 U.S.C. 1009(d). Revised Statutes and Statutes at Large June 11, 1946, ch. 324, 10(d), 60 Stat. 243.

703. Form and venue of proceeding The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer. Except to the extent that prior, adequate, and exclusive opportunity for judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement. (Pub. L. 89554, Sept. 6, 1966, 80 Stat. 392; Pub. L. 94574, 1, Oct. 21, 1976, 90 Stat. 2721.)
HISTORICAL AND REVISION NOTES
Derivation .................. U.S. Code 5 U.S.C. 1009(b). Revised Statutes and Statutes at Large June 11, 1946, ch. 324, 10(b), 60 Stat. 243.

Standard changes are made to conform with the definitions 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 constitutional 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 withheld or unreasonably delayed; and (2) hold unlawful and set aside agency action, findings, and conclusions found to be (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; (B) contrary to constitutional right, power, privilege, or immunity;

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report. AMENDMENTS 1976Pub. L. 94574 provided that if no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer as defendant.

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(C) in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; (D) without observance of procedure required 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. 89554, Sept. 6, 1966, 80 Stat. 393.)
HISTORICAL AND REVISION NOTES
Derivation .................. U.S. Code 5 U.S.C. 1009(e). Revised Statutes and Statutes at Large June 11, 1946, ch. 324, 10(e), 60 Stat. 243.

(iv) any other relevant information or requirements under any other Act and any relevant Executive orders. (C) Upon receipt of a report submitted under subparagraph (A), each House shall provide copies of the report to the chairman and ranking member of each standing committee with jurisdiction under the rules of the House of Representatives or the Senate to report a bill to amend the provision of law under which the rule is issued. (2)(A) The Comptroller General shall provide a report on each major rule to the committees of jurisdiction in each House of the Congress by the end of 15 calendar days after the submission or publication date as provided in section 802(b)(2). The report of the Comptroller General shall include an assessment of the agencys compliance with procedural steps required by paragraph (1)(B). (B) Federal agencies shall cooperate with the Comptroller General by providing information relevant to the Comptroller Generals report under subparagraph (A). (3) A major rule relating to a report submitted under paragraph (1) shall take effect on the latest of (A) the later of the date occurring 60 days after the date on which (i) the Congress receives the report submitted under paragraph (1); or (ii) the rule is published in the Federal Register, if so published; (B) if the Congress passes a joint resolution of disapproval described in section 802 relating to the rule, and the President signs a veto of such resolution, the earlier date (i) on which either House of Congress votes and fails to override the veto of the President; or (ii) occurring 30 session days after the date on which the Congress received the veto and objections of the President; or (C) the date the rule would have otherwise taken effect, if not for this section (unless a joint resolution of disapproval under section 802 is enacted). (4) Except for a major rule, a rule shall take effect as otherwise provided by law after submission to Congress under paragraph (1). (5) Notwithstanding paragraph (3), the effective date of a rule shall not be delayed by operation of this chapter beyond the date on which either House of Congress votes to reject a joint resolution of disapproval under section 802. (b)(1) A rule shall not take effect (or continue), if the Congress enacts a joint resolution of disapproval, described under section 802, of the rule. (2) A rule that does not take effect (or does not continue) under paragraph (1) may not be reissued in substantially the same form, and a new rule that is substantially the same as such a rule may not be issued, unless the reissued or new rule is specifically authorized by a law enacted after the date of the joint resolution disapproving the original rule. (c)(1) Notwithstanding any other provision of this section (except subject to paragraph (3)), a

Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface of this report. ABBREVIATION OF RECORD Pub. L. 85791, Aug. 28, 1958, 72 Stat. 941, which authorized abbreviation of record on review or enforcement 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 8CONGRESSIONAL REVIEW OF AGENCY RULEMAKING

801. 802. 803. 804. 805. 806. 807. 808.

Congressional review. Congressional disapproval procedure. Special rule on statutory, regulatory, and judicial deadlines. Definitions. Judicial review. Applicability; severability. Exemption for monetary policy. Effective date of certain rules.

801. Congressional review (a)(1)(A) Before a rule can take effect, the Federal agency promulgating such rule shall submit to each House of the Congress and to the Comptroller 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 promulgating the rule shall submit to the Comptroller General and make available to each House of Congress (i) a complete copy of the cost-benefit analysis of the rule, if any; (ii) the agencys actions relevant to sections 603, 604, 605, 607, and 609; (iii) the agencys actions relevant to sections 202, 203, 204, and 205 of the Unfunded Mandates Reform Act of 1995; and