Title 2The CongressRelease 119-73

§1571 Judicial review

Title 2 › Chapter CHAPTER 25— - UNFUNDED MANDATES REFORM › Subchapter SUBCHAPTER IV— - JUDICIAL REVIEW › § 1571

Last updated Apr 6, 2026|Official source

Summary

Courts may review whether an agency followed sections 1532 and 1533(a)(1) and (2), but only in limited ways. Any review must be under section 706(1) of Title 5. If an agency did not prepare the required written statement or plan, a court can order the agency to prepare it. In other lawsuits about a rule, a missing or weak statement or plan cannot be used to stop, block, or cancel the rule. Information made under sections 1532 and 1533 that is part of the rulemaking record may be used in those other reviews. For petitions asking a court to force an agency to act, the rules of the other federal law control procedures like exhaustion, timing, and venue, except that if that law has no filing deadline shorter than 180 days, the deadline is 180 days after the agency issues the final rule. These limits began on October 1, 1995, and apply only to rules with a general notice of proposed rulemaking published on or after that date. Except as described above, reports, estimates, analyses, statements, descriptions, compliance decisions, and determinations made under this chapter cannot be reviewed by courts. Also, nothing in this chapter gives any person a legal right or benefit they can enforce in court or in agency proceedings.

Full Legal Text

Title 2, §1571

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(a)(1)Compliance or noncompliance by any agency with the provisions of section 1532 and 1533(a)(1) and (2) of this title shall be subject to judicial review only in accordance with this section.
(2)(A)Agency compliance or noncompliance with the provisions of section 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)In any judicial review under any other Federal law of an agency rule for which a written statement or plan is required under section 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)Any information generated under section 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)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)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)Except as provided in subsection (a)—
(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.

Legislative History

Notes & Related Subsidiaries

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 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.

Reference

Citations & Metadata

Citation

2 U.S.C. § 1571

Title 2The Congress

Last Updated

Apr 6, 2026

Release point: 119-73