Page:United States Statutes at Large Volume 109 Part 1.djvu/86

 109 STAT. 70 PUBLIC LAW 104-4—MAR. 22, 1995 and private persons (including agencies) for property and services used to carry out its duties under this title. 2 USC 1554. SEC. 304. ANNUAL REPORT TO CONGRESS REGARDING FEDERAL COURT RULINGS. No later than 4 months after the date of enactment of this Act, and no later than March 15 of each year thereafter, the Advisory Commission on Intergovernmental Relations shall submit to the Congress, including the Committee on Government Reform and Oversight of the House of Representatives and the Committee on Governmental Affairs of the Senate, and to the President a report describing any Federal court case to which a State, local, or tribal government was a party in the preceding calendar year that required such State, local, or tribal government to undertake responsibilities or activities, beyond those such government would otherwise have undertaken, to comply with Federal statutes and regulations. 2 USC 1555. SEC. 305. DEFINITION. Notwithstanding section 3 of this Act, for purposes of this title the term "Federal mandate" means any provision in statute or regulation 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, 2 USC 1556. SEC. 306. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated to the Advisory Commission to carry out section 301 and section 302, $500,000 for each of fiscal years 1995 and 1996. TITLE IV-JTJDICIAL REVIEW 2 USC 1571. SEC. 401. JUDICIAL REVIEW. (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 NONCOMPLI- ANCE. —(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, 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 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

�