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2 U.S.C. § 1555 — ‘‘Federal mandate’’ defined
Federal law — U.S. Code and appendices · legal_authorities
Page 362
TITLE 2—THE CONGRESS
§ 1555
Oversight and Government Reform of House of Rep-
resentatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007. Committee on Oversight
and Government Reform of House of Representatives
changed to Committee on Oversight and Reform of
House of Representatives by House Resolution No. 6,
One Hundred Sixteenth Congress, Jan. 9, 2019. Com-
mittee on Oversight and Reform of House of Represent-
atives changed to Committee on Oversight and Ac-
countability of House of Representatives by House Res-
olution No. 5, One Hundred Eighteenth Congress, Jan.
9, 2023.
§ 1555. ‘‘Federal mandate’’ defined
Notwithstanding section 1502 of this title, for
purposes of this subchapter the term ‘‘Federal
mandate’’ means any provision in statute or reg-
ulation or any Federal court ruling that imposes
an enforceable duty upon State, local, or tribal
governments including a condition of Federal
assistance or a duty arising from participation
in a voluntary Federal program.
(Pub. L. 104–4, title III, § 305, Mar. 22, 1995, 109
Stat. 70.)
§ 1556. Authorization of appropriations
There are authorized to be appropriated to the
Advisory Commission to carry out section 1551
of this title and section 1552 of this title, $500,000
for each of fiscal years 1995 and 1996.
(Pub. L. 104–4, title III, § 306, Mar. 22, 1995, 109
Stat. 70.)
SUBCHAPTER IV—JUDICIAL REVIEW
§ 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
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Page 362
TITLE 2—THE CONGRESS
§ 1555
Oversight and Government Reform of House of Rep-
resentatives by House Resolution No. 6, One Hundred
Tenth Congress, Jan. 5, 2007. Committee on Oversight
and Government Reform of House of Representatives
changed to Committee on Oversight and Reform of
House of Representatives by House Resolution No. 6,
One Hundred Sixteenth Congress, Jan. 9, 2019. Com-
mittee on Oversight and Reform of House of Represent-
atives changed to Committee on Oversight and Ac-
countability of House of Representatives by House Res-
olution No. 5, One Hundred Eighteenth Congress, Jan.
9, 2023.
§ 1555. ‘‘Federal mandate’’ defined
Notwithstanding section 1502 of this title, for
purposes of this subchapter the term ‘‘Federal
mandate’’ means any provision in statute or reg-
ulation or any Federal court ruling that imposes
an enforceable duty upon State, local, or tribal
governments including a condition of Federal
assistance or a duty arising from participation
in a voluntary Federal program.
(Pub. L. 104–4, title III, § 305, Mar. 22, 1995, 109
Stat. 70.)
§ 1556. Authorization of appropriations
There are authorized to be appropriated to the
Advisory Commission to carry out section 1551
of this title and section 1552 of this title, $500,000
for each of fiscal years 1995 and 1996.
(Pub. L. 104–4, title III, § 306, Mar. 22, 1995, 109
Stat. 70.)
SUBCHAPTER IV—JUDICIAL REVIEW
§ 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 subpara-
graph (B).
(B) If an agency fails to prepare the written
statement (including the preparation of the
estimates, analyses, statements, or descrip-
tions) 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 Fed-
eral 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 in-
adequacy or failure to prepare such statement
(including the inadequacy or failure to prepare
any estimate, analysis, statement or descrip-
tion) 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 re-
view 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 con-
trol 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 agen-
cy.
(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 rule-
making is promulgated on or after such date.
(b) Judicial review and rule of construction
Except as provided in subsection (a)—
(1) any estimate, analysis, statement, de-
scription or report prepared under this chap-
ter, 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 sub-
ject to judicial review; and
(2) no provision of this chapter shall be con-
strued to create any right or benefit, sub-
stantive or procedural, enforceable by any per-
son in any administrative or judicial action.
(Pub. L. 104–4, title IV, § 401, Mar. 22, 1995, 109
Stat. 70.)
Editorial Notes
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 Re-
form 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.
CHAPTER 26—DISCLOSURE OF LOBBYING
ACTIVITIES
Sec.
1601.
Findings.
1602.
Definitions.
1603.
Registration of lobbyists.
1604.
Reports by registered lobbyists.
1605.
Disclosure and enforcement.
1606.
Penalties.
1607.
Rules of construction.
1608.
Severability.
1609.
Identification of clients and covered officials.
1610.
Estimates based on tax reporting system.
1611.
Exempt organizations.
1612.
Sense of Senate that lobbying expenses
should remain nondeductible.
1613.
Prohibition on provision of gifts or travel by
registered lobbyists to Members of Congress
and to congressional employees.
Cross-references
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** No later than 18 months after March 22, 1995, the Advisory Commission on Intergovernmental Relations (hereafter in this subchapter referred to as the “Advisory Commission”), in consultation with the Director, shall complete a study to examine the measurement and definition issues involved in calculating the total costs and benefits to State, local, and tribal governments of compliance with Federal law.
**(b) Considerations** The study required by this section shall consider—
(1) the feasibility of measuring indirect costs and benefits as well as direct costs and benefits of the Federal, State, local, and tribal relationship; and
(2) how to measure both the direct and indirect benefits of Federal financial assistance and tax benefits to State, local, and tribal governments.
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Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.