§ 1571. — Judicial review.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 2USC1571]
TITLE 2--THE CONGRESS
CHAPTER 25--UNFUNDED MANDATES REFORM
SUBCHAPTER IV--JUDICIAL REVIEW
Sec. 1571. Judicial review
(a) Agency statements on significant regulatory actions
(1) In general
Compliance or noncompliance by any agency with the provisions of
sections 1532 and 1533(a)(1) and (2) of this title shall be subject
to judicial review only in accordance with this section.
(2) Limited review of agency compliance or noncompliance
(A) Agency compliance or noncompliance with the provisions of
sections 1532 and 1533(a)(1) and (2) of this title shall be subject
to judicial review only under section 706(1) of title 5, and only as
provided under subparagraph (B).
(B) If an agency fails to prepare the written statement
(including the preparation of the estimates, analyses, statements,
or descriptions) under section 1532 of this title or the written
plan under section 1533(a)(1) and (2) of this title, a court may
compel the agency to prepare such written statement.
(3) Review of agency rules
In any judicial review under any other Federal law of an agency
rule for which a written statement or plan is required under
sections 1532 and 1533(a)(1) and (2) of this title, the inadequacy
or failure to prepare such statement (including the inadequacy or
failure to prepare any estimate, analysis, statement or description)
or written plan shall not be used as a basis for staying, enjoining,
invalidating or otherwise affecting such agency rule.
(4) Certain information as part of record
Any information generated under sections 1532 and 1533(a)(1) and
(2) of this title that is part of the rulemaking record for judicial
review under the provisions of any other Federal law may be
considered as part of the record for judicial review conducted under
such other provisions of Federal law.
(5) Application of other Federal law
For any petition under paragraph (2) the provisions of such
other Federal law shall control all other matters, such as
exhaustion of administrative remedies, the time for and manner of
seeking review and venue, except that if such other Federal law does
not provide a limitation on the time for filing a petition for
judicial review that is less than 180 days, such limitation shall be
180 days after a final rule is promulgated by the appropriate
agency.
(6) Effective date
This subsection shall take effect on October 1, 1995, and shall
apply only to any agency rule for which a general notice of proposed
rulemaking is promulgated on or after such date.
(b) Judicial review and rule of construction
Except as provided in subsection (a) of this section--
(1) any estimate, analysis, statement, description or report
prepared under this chapter, and any compliance or noncompliance
with the provisions of this chapter, and any determination
concerning the applicability of the provisions of this chapter shall
not be subject to judicial review; and
(2) no provision of this chapter shall be construed to create
any right or benefit, substantive or procedural, enforceable by any
person in any administrative or judicial action.
(Pub. L. 104-4, title IV, Sec. 401, Mar. 22, 1995, 109 Stat. 70.)
References in Text
This chapter, referred to in subsec. (b), was in the original ``this
Act'', meaning Pub. L. 104-4, Mar. 22, 1995, 109 Stat. 48, known as the
Unfunded Mandates Reform Act of 1995. For complete classification of
this Act to the Code, see Short Title note set out under section 1501 of
this title and Tables.
