UMRA (Contents)

Unfunded Mandates Reform  Act of 1995

Section 401



(a) Agency Statements on Significant Regulatory Actions.—

(1) In general.—Compliance or noncompliance by any agency with the provisions of sections 202 and 203(a) (1) and (2) 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 202 and 203(a) (1) and (2) shall be subject to judicial review only under section 706(1) of title 5, United States Code[2], 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 sections 202 or the written plan under section 203(a) (1) and (2), 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 202 and 203(a) (1) and (2), 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 202 and 203(a) (1) and (2) 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)—

(1) any estimate, analysis, statement, description or report prepared under this Act, and any compliance or noncompliance with the provisions of this Act, and any determination concerning the applicability of the provisions of this Act shall not be subject to judicial review; and

(2) no provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any person in any administrative or judicial action.




Section 305 (UMRA)


Line Item Veto Act


[1] This section is classified to the U.S. Code at 2 U.S.C. 1571.

[2] The U.S. Code referred to at 5 U.S.C. 706(1) reads as follows: 

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall —

(1) compel agency action unlawfully withheld or unreasonably delayed;

* * * * * * *

In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due account shall be taken of the rule of prejudicial error.


Pub. L. 104–4, title IV, §401, Mar. 22, 1995, 109 Stat. 70 (Unfunded Mandates Reform Act of 1995).

References in Text

The reference in subsection (b) to “this Act” means Pub. L. 104–4, Mar. 22, 1995, 109 Stat. 48, which is known as the Unfunded Mandates Reform Act of 1995.




Section 305 (UMRA)


Line Item Veto Act



[BCR § 276a]