An Act to amend chapter 7, title 5, United States Code, with respect to procedure for judicial review of certain administrative agency action, and for other purposes.
PL 94-574 (S.800), enacted 10/21/1976

PUBLIC LAW 94-574—OCT. 21, 1976 
90 STAT. 2721 
Public Law 94-574 
94th Congress 
An Act 
To amend chapter 7, title 5, United States Code, with respect to procedure for 
judicial review of certain administrative agency action, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of the 
United States of America in Congress asse?nbted, That sections 702 and 
703 of title 5, United States Code, are amended to read as follows: 
"§ 702. Right of review 
"A person suffering legal wrong because of agency action, or 
adversely affected or aggrieved by agency action within the meaning of 
a relevant statute, is entitled to judicial review thereof. An action m a 
court of the United States seeking relief other than money damages 
and stating a claim that an agency or an officer or employee thereof 
acted or failed to act in an official capacity or under color of legal 
authority shall not be dismissed nor relief therein be 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 defend-
ant in any such action, and a judgment or decree may be entered 
against the United States: Provided, That any mandatory or injunc-
tive decree shall specify the Federal officer or officers (hj name or h^ 
title), and their successors in office, personally responsible for compli-
ance. 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. 
*'§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 oppor-
tunity for judicial review is provided by law, agency action is sub-
ject to judicial review in civil or criminal proceedings for judicial 
enforcement.". 
SEC. 2. Section 1331(a) of title 28, United States Code, is amended 
by striking the final period and inserting a comma and adding there-
after the following: "except that no such sum or value shall be 
required in any such action brought against the United States, any 
agency thereof, or any officer or employee thereof in his official 
capacity.". 
SEC. 3. The first paragraph of section 1391(e) of title 28, United 
StE^tes Code, is amended to read as follows: 
"(e) A civil action in which a defendant is an officer or employee of 
the United States or any agency thereof acting in his official capacity 
or under color of legal authority, or an agency of the United States, 
Oct. 21,1976 
[S. 800] 
Administrative 
agency action. 
Judicial review 
procedures. 
District courts, 
civil action 
amounts. 
District courts, 
venue. 
90 STAT. 2722 
PUBLIC LAW 94-574—OCT. 21, 1976 
or the United States, may, except as otherwise provided by law, be 
brought in any judicial district in which (1) a defendant in the action 
resides, or (2) the cause of action arose, or (3) any real property 
involved in the action is situated, or (4) the plaintiff resides if no 
real property is involved in the action. Additional persons may be 
joined as parties to any such action in accordance with the Federal 
28 use app. 
Rules of Civil Procedure and with such other venue requirements as 
would be applicable if the United States or one of its officers, 
employees, or agencies were not a party.". 
Approved October 21, 1976. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 94-1656 (Comm. on the Judiciary). 
SENATE REPORT No. 94-996 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 122 (1976): 
July 1, considered and passed Senate, amended. 
Oct. 1, considered and passed House.