§ 1409. — Judicial review of regulations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1409]
TITLE 2--THE CONGRESS
CHAPTER 24--CONGRESSIONAL ACCOUNTABILITY
SUBCHAPTER IV--ADMINISTRATIVE AND JUDICIAL DISPUTE-RESOLUTION PROCEDURES
Sec. 1409. Judicial review of regulations
In any proceeding brought under section 1407 or 1408 of this title
in which the application of a regulation issued under this chapter is at
issue, the court may review the validity of the regulation in accordance
with the provisions of subparagraphs (A) through (D) of section 706(2)
of title 5, except that with respect to regulations approved by a joint
resolution under section 1384(c) of this title, only the provisions of
section 706(2)(B) of title 5 shall apply. If the court determines that
the regulation is invalid, the court shall apply, to the extent
necessary and appropriate, the most relevant substantive executive
agency regulation promulgated to implement the statutory provisions with
respect to which the invalid regulation was issued. Except as provided
in this section, the validity of regulations issued under this chapter
is not subject to judicial review.
(Pub. L. 104-1, title IV, Sec. 409, Jan. 23, 1995, 109 Stat. 37.)
Section Referred to in Other Sections
This section is referred to in section 1410 of this title.
