For the purpose of this subchapter-
or except as to the requirements of section 552 of this title-
1 See References in Text note below.
5 U.S.C. § 551
|HISTORICAL AND REVISION NOTES|
|Derivation||U.S. Code||Revised Statutes and |
Statutes at Large
|(1)||5 U.S.C. 1001(a).||June 11, 1946, ch. 324, §2(a), 60 Stat. 237.|
|Aug. 8, 1946, ch. 870, §302, 60 Stat. 918.|
|Aug. 10, 1946, ch. 951, §601, 60 Stat. 993.|
|Mar. 31, 1947, ch. 30, §6(a), 61 Stat. 37.|
|June 30, 1947, ch. 163, §210, 61 Stat. 201.|
|Mar. 30, 1948, ch. 161, §301, 62 Stat. 99.|
|(2)-(13)||5 U.S.C. 1001 (less (a)).||June 11, 1946, ch. 324, §2 (less (a)), 60 Stat. 237.|
REFERENCES IN TEXTSections 1884 and 1891-1902 of title 50, appendix, referred to in par. (1)(H), were a part of the various Housing and Rent Acts which were classified to section 1881 et seq. of the former Appendix to Title 50, War and National Defense, and had been repealed or omitted from the Code as executed prior to the elimination of the Appendix to Title 50. See Elimination of Title 50, Appendix note preceding section 1 of Title 50. Section 1641 of title 50, appendix, referred to in par. (1)(H), was repealed by Pub. L. 87-256, §111(a)(1), Sept. 21, 1961, 75 Stat. 538. See Historical and Revision Note above.
CODIFICATIONSection 551 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2242 of Title 7, Agriculture.
AMENDMENTS2011-Par. (1)(H). Pub. L. 111-350 struck out "chapter 2 of title 41;" after "title 12;".1994-Par. (1)(H). Pub. L. 103-272 substituted "subchapter II of chapter 471 of title 49; or sections" for "or sections 1622,".1976-Par. (14). Pub. L. 94-409 added par. (14).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1976 AMENDMENT Amendment by Pub. L. 94-409 effective 180 days after Sept. 13, 1976, see section 6 of Pub. L. 94-409 set out as an Effective Date note under section 552b of this title.
STUDY AND REPORTS ON ADMINISTRATIVE SUBPOENAS Pub. L. 106-544, §7, Dec. 19, 2000, 114 Stat. 2719, provided that:"(a) STUDY ON USE OF ADMINISTRATIVE SUBPOENAS.-Not later than December 31, 2001, the Attorney General, in consultation with the Secretary of the Treasury, shall complete a study on the use of administrative subpoena power by executive branch agencies or entities and shall report the findings to the Committees on the Judiciary of the Senate and the House of Representatives. Such report shall include- "(1) a description of the sources of administrative subpoena power and the scope of such subpoena power within executive branch agencies; "(2) a description of applicable subpoena enforcement mechanisms;"(3) a description of any notification provisions and any other provisions relating to safeguarding privacy interests; "(4) a description of the standards governing the issuance of administrative subpoenas; and"(5) recommendations from the Attorney General regarding necessary steps to ensure that administrative subpoena power is used and enforced consistently and fairly by executive branch agencies."(b) REPORT ON FREQUENCY OF USE OF ADMINISTRATIVE SUBPOENAS.-"(1) IN GENERAL.-The Attorney General and the Secretary of the Treasury shall report in January of each year to the Committees on the Judiciary of the Senate and the House of Representatives on the number of administrative subpoenas issued by them under this section and the identity of the agency or component of the Department of Justice or the Department of the Treasury issuing the subpoena and imposing the charges."(2) EXPIRATION.-The reporting requirement of this subsection shall terminate in 3 years after the date of the enactment of this section [Dec. 19, 2000]."
EXECUTIVE ORDER NO. 13892Ex. Ord. No. 13892, Oct. 9, 2019, 84 F.R. 55239, which related to civil administrative enforcement and adjudication, was revoked by Ex. Ord. No. 13992, §2, Jan. 20, 2021, 86 F.R. 7049, set out below.
EXECUTIVE ORDER NO. 13979Ex. Ord. No. 13979, Jan. 18, 2021, 86 F.R. 6813, which required senior appointee participation in agency rulemaking, was revoked by Ex. Ord. No. 14018, §1, Feb. 24, 2021, 86 F.R. 11855.
EX. ORD. NO. 13992. REVOCATION OF CERTAIN EXECUTIVE ORDERS CONCERNING FEDERAL REGULATIONEx. Ord. No. 13992, Jan. 20, 2021, 86 F.R. 7049, provided:By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that:SECTION 1. Policy. It is the policy of my Administration to use available tools to confront the urgent challenges facing the Nation, including the coronavirus disease 2019 (COVID-19) pandemic, economic recovery, racial justice, and climate change. To tackle these challenges effectively, executive departments and agencies (agencies) must be equipped with the flexibility to use robust regulatory action to address national priorities. This order revokes harmful policies and directives that threaten to frustrate the Federal Government's ability to confront these problems, and empowers agencies to use appropriate regulatory tools to achieve these goals.SEC. 2. Revocation of Orders. Executive Order 13771 of January 30, 2017 (Reducing Regulation and Controlling Regulatory Costs) [former 5 U.S.C. 601 note], Executive Order 13777 of February 24, 2017 (Enforcing the Regulatory Reform Agenda) [former 5 U.S.C. 601 note], Executive Order 13875 of June 14, 2019 (Evaluating and Improving the Utility of Federal Advisory Committees) [former 5 U.S.C. App. note], Executive Order 13891 of October 9, 2019 (Promoting the Rule of Law Through Improved Agency Guidance Documents) [former 5 U.S.C. 601 note], Executive Order 13892 of October 9, 2019 (Promoting the Rule of Law Through Transparency and Fairness in Civil Administrative Enforcement and Adjudication) [formerly set out above], and Executive Order 13893 of October 10, 2019 (Increasing Government Accountability for Administrative Actions by Reinvigorating Administrative PAYGO) [former 5 U.S.C. 601 note], are hereby revoked.SEC. 3. Implementation. The Director of the Office of Management and Budget and the heads of agencies shall promptly take steps to rescind any orders, rules, regulations, guidelines, or policies, or portions thereof, implementing or enforcing the Executive Orders identified in section 2 of this order, as appropriate and consistent with applicable law, including the Administrative Procedure Act, 5 U.S.C. 551 et seq. If in any case such rescission cannot be finalized immediately, the Director and the heads of agencies shall promptly take steps to provide all available exemptions authorized by any such orders, rules, regulations, guidelines, or policies, as appropriate and consistent with applicable law. In addition, any personnel positions, committees, task forces, or other entities established pursuant to the Executive Orders identified in section 2 of this order, including the regulatory reform officer positions and regulatory reform task forces established by sections 2 and 3 of Executive Order 13777 [former 5 U.S.C. 601 note], shall be abolished, as appropriate and consistent with applicable law.SEC. 4. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect:(i) the authority granted by law to an executive department or agency, or the head thereof; or(ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.(b) This order shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations.(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.J.R. Biden, Jr.