Page:United States Statutes at Large Volume 94 Part 1.djvu/1220

 94 STAT. 1170

PUBLIC LAW 96-354—SEPT. 19, 1980

sions 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. Submittal to President and congressional committees. 5 USC 612.

"§ 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 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. "(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 views with respect to 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).". EFFECTIVE DATE

5 USC 601 note.

SEC. 4. The provisions of this Act shall take effect January 1, 1981, except that the requirements of sections 603 and 604 of title 5, United States Code (as added by section 3 of this Act) shall apply only to rules for which a notice of proposed rulemaking is issued on or after January 1, 1981. Approved September 19, 1980.

LEGISLATIVE HISTORY: SENATE REPORT No. 96-878 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 126 (1980): Aug. 6, considered and passed Senate. Sept. 8, 9, considered and passed House. WEEKLY eOMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 16, No. 38: Sept. 19, Presidential statement.

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