Legal corpus: U.S. Code titles 1–11 from pinned OLRC XML (11,050 sections)
Raw OLRC USLM XML zips @ release 119-100 (retrieved 2026-07-04 via Atlas depot), ingested with the standard pipeline: raw snapshot -> per-section OKF markdown -> manifest + checksums. Title 52 untouched. LegalText: 171 -> 11,221. Titles 12-54 await a clean OLRC retry. Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
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---
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type: "LegalText"
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title: "5 U.S.C. § 500"
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description: "Administrative practice; general provisions"
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "5"
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chapter_name: "ADMINISTRATIVE PROCEDURE"
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section: "500"
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citation: "5 U.S.C. § 500"
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---
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# 5 U.S.C. § 500 - Administrative practice; general provisions
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## Text
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(a) For the purpose of this section—
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(1) “agency” has the meaning given it by section 551 of this title; and
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(2) “State” means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia.
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(b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.
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(c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts.
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(d) This section does not—
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(1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding;
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(2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency;
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(3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or
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(4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money.
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(e) Subsections (b)–(d) of this section do not apply to practice before the United States Patent and Trademark Office with respect to patent matters that continue to be covered by chapter 3 (sections 31–33) of title 35.
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(f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient.
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(Added Pub. L. 90–83, § 1(1)(A), Sept. 11, 1967, 81 Stat. 195; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.)
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## Notes
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Historical and Revision Notes Section of title 5Source (U.S. Code)Source (Revised Statutes at Large) 500(a)5 App.: 1014.Nov. 8, 1965, Pub. L. 89–332, § 3, 79 Stat. 1281. 500(b)–(e)5 App.: 1012.Nov. 8, 1965, Pub. L. 89–332, § 1, 79 Stat. 1281. 500(f)5 App.: 1013.Nov. 8, 1965, Pub. L. 89–332, § 2, 79 Stat. 1281. The definition of “State” in subsection (a)(2) is supplied for convenience and is based on the words “State, possession, territory, Commonwealth, or District of Columbia” in subsections (a) and (b) of 5 App. U.S.C. 1012. In subsection (d), the words “This section does not” are substituted for “nothing herein shall be construed”. In subsection (d)(3), the word “employee” is substituted for “officer or employee” to conform to the definition of “employee” in 5 U.S.C. 2105.
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Editorial Notes
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Amendments1999—Subsec. (e). Pub. L. 106–113 substituted “United States Patent and Trademark Office” for “Patent Office”.
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Statutory Notes and Related Subsidiaries
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Effective Date of 1999 AmendmentAmendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents.
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 501 - Advertising practice; restrictions
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## Text
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An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 101.Apr. 27, 1916, ch. 89, § 1, 39 Stat. 54. The words “may not” are substituted for “It shall be unlawful for”. The words “agency of the United States” are substituted for “any department or office of the Government”. The words “an individual in the service of the United States” are substituted for “officer of the Government” in view of the definitions in sections 2104 and 2105. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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---
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type: "LegalText"
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title: "5 U.S.C. § 502"
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chapter_name: "ADMINISTRATIVE PROCEDURE"
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section: "502"
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citation: "5 U.S.C. § 502"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 502 - Administrative practice; Reserves and National Guardsmen
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## Text
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Membership in a reserve component of the armed forces or in the National Guard does not prevent an individual from practicing his civilian profession or occupation before, or in connection with, an agency of the United States.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 30r(c) (2d sentence).Aug. 10, 1956, ch. 1041, § 29(c) (2d sentence), 70A Stat. 632. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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---
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type: "LegalText"
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title: "5 U.S.C. § 503"
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description: "Witness fees and allowances"
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title_number: 5
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title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
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chapter_number: "5"
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chapter_name: "ADMINISTRATIVE PROCEDURE"
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section: "503"
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citation: "5 U.S.C. § 503"
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confidence: "official"
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tags: ["legal", "us-code"]
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---
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# 5 U.S.C. § 503 - Witness fees and allowances
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## Text
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(a) For the purpose of this section, “agency” has the meaning given it by section 5721 of this title.
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(b) A witness is entitled to the fees and allowances allowed by statute for witnesses in the courts of the United States when—
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(1) he is subpenaed under section 304(a) of this title; or
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(2) he is subpenaed to and appears at a hearing before an agency authorized by law to hold hearings and subpena witnesses to attend the hearings.
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(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.)
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## Notes
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Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 95.R.S. § 185. 5 U.S.C. 95a.Aug. 2, 1946, ch. 744, § 10, 60 Stat. 809. Former sections 95 and 95a are combined and restated for clarity and brevity. The words “or expenses in the case of Government officers and employees” are omitted as covered by section 1823 of title 28. The word “agency” is substituted for “department” and defined to conform to the definition of “department” in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811. This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
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---
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type: "LegalText"
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title: "5 U.S.C. § 552b"
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description: "Open meetings"
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chapter_number: "5"
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chapter_name: "ADMINISTRATIVE PROCEDURE"
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section: "552b"
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citation: "5 U.S.C. § 552b"
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---
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# 5 U.S.C. § 552b - Open meetings
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## Text
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(a) For purposes of this section—
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(1) the term “agency” means any agency, as defined in section 552(e) 11 See References in Text note below. of this title, headed by a collegial body composed of two or more individual members, a majority of whom are appointed to such position by the President with the advice and consent of the Senate, and any subdivision thereof authorized to act on behalf of the agency;
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(2) the term “meeting” means the deliberations of at least the number of individual agency members required to take action on behalf of the agency where such deliberations determine or result in the joint conduct or disposition of official agency business, but does not include deliberations required or permitted by subsection (d) or (e); and
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(3) the term “member” means an individual who belongs to a collegial body heading an agency.
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(b) Members shall not jointly conduct or dispose of agency business other than in accordance with this section. Except as provided in subsection (c), every portion of every meeting of an agency shall be open to public observation.
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(c) Except in a case where the agency finds that the public interest requires otherwise, the second sentence of subsection (b) shall not apply to any portion of an agency meeting, and the requirements of subsections (d) and (e) shall not apply to any information pertaining to such meeting otherwise required by this section to be disclosed to the public, where the agency properly determines that such portion or portions of its meeting or the disclosure of such information is likely to—
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(1) disclose matters that are (A) specifically authorized under criteria established by an Executive order to be kept secret in the interests of national defense or foreign policy and (B) in fact properly classified pursuant to such Executive order;
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(2) relate solely to the internal personnel rules and practices of an agency;
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(3) disclose matters specifically exempted from disclosure by statute (other than section 552 of this title), provided that such statute (A) requires that the matters be withheld from the public in such a manner as to leave no discretion on the issue, or (B) establishes particular criteria for withholding or refers to particular types of matters to be withheld;
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(4) disclose trade secrets and commercial or financial information obtained from a person and privileged or confidential;
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(5) involve accusing any person of a crime, or formally censuring any person;
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(6) disclose information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;
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(7) disclose investigatory records compiled for law enforcement purposes, or information which if written would be contained in such records, but only to the extent that the production of such records or information would (A) interfere with enforcement proceedings, (B) deprive a person of a right to a fair trial or an impartial adjudication, (C) constitute an unwarranted invasion of personal privacy, (D) disclose the identity of a confidential source and, in the case of a record compiled by a criminal law enforcement authority in the course of a criminal investigation, or by an agency conducting a lawful national security intelligence investigation, confidential information furnished only by the confidential source, (E) disclose investigative techniques and procedures, or (F) endanger the life or physical safety of law enforcement personnel;
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(8) disclose information contained in or related to examination, operating, or condition reports prepared by, on behalf of, or for the use of an agency responsible for the regulation or supervision of financial institutions;
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(9) disclose information the premature disclosure of which would—
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(A) in the case of an agency which regulates currencies, securities, commodities, or financial institutions, be likely to (i) lead to significant financial speculation in currencies, securities, or commodities, or (ii) significantly endanger the stability of any financial institution; or
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(B) in the case of any agency, be likely to significantly frustrate implementation of a proposed agency action,
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except that subparagraph (B) shall not apply in any instance where the agency has already disclosed to the public the content or nature of its proposed action, or where the agency is required by law to make such disclosure on its own initiative prior to taking final agency action on such proposal; or
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(10) specifically concern the agency’s issuance of a subpena, or the agency’s participation in a civil action or proceeding, an action in a foreign court or international tribunal, or an arbitration, or the initiation, conduct, or disposition by the agency of a particular case of formal agency adjudication pursuant to the procedures in section 554 of this title or otherwise involving a determination on the record after opportunity for a hearing.
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(d) (1) Action under subsection (c) shall be taken only when a majority of the entire membership of the agency (as defined in subsection (a)(1)) votes to take such action. A separate vote of the agency members shall be taken with respect to each agency meeting a portion or portions of which are proposed to be closed to the public pursuant to subsection (c), or with respect to any information which is proposed to be withheld under subsection (c). A single vote may be taken with respect to a series of meetings, a portion or portions of which are proposed to be closed to the public, or with respect to any information concerning such series of meetings, so long as each meeting in such series involves the same particular matters and is scheduled to be held no more than thirty days after the initial meeting in such series. The vote of each agency member participating in such vote shall be recorded and no proxies shall be allowed.
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(2) Whenever any person whose interests may be directly affected by a portion of a meeting requests that the agency close such portion to the public for any of the reasons referred to in paragraph (5), (6), or (7) of subsection (c), the agency, upon request of any one of its members, shall vote by recorded vote whether to close such meeting.
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(3) Within one day of any vote taken pursuant to paragraph (1) or (2), the agency shall make publicly available a written copy of such vote reflecting the vote of each member on the question. If a portion of a meeting is to be closed to the public, the agency shall, within one day of the vote taken pursuant to paragraph (1) or (2) of this subsection, make publicly available a full written explanation of its action closing the portion together with a list of all persons expected to attend the meeting and their affiliation.
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(4) Any agency, a majority of whose meetings may properly be closed to the public pursuant to paragraph (4), (8), (9)(A), or (10) of subsection (c), or any combination thereof, may provide by regulation for the closing of such meetings or portions thereof in the event that a majority of the members of the agency votes by recorded vote at the beginning of such meeting, or portion thereof, to close the exempt portion or portions of the meeting, and a copy of such vote, reflecting the vote of each member on the question, is made available to the public. The provisions of paragraphs (1), (2), and (3) of this subsection and subsection (e) shall not apply to any portion of a meeting to which such regulations apply: Provided, That the agency shall, except to the extent that such information is exempt from disclosure under the provisions of subsection (c), provide the public with public announcement of the time, place, and subject matter of the meeting and of each portion thereof at the earliest practicable time.
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(e) (1) In the case of each meeting, the agency shall make public announcement, at least one week before the meeting, of the time, place, and subject matter of the meeting, whether it is to be open or closed to the public, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting. Such announcement shall be made unless a majority of the members of the agency determines by a recorded vote that agency business requires that such meeting be called at an earlier date, in which case the agency shall make public announcement of the time, place, and subject matter of such meeting, and whether open or closed to the public, at the earliest practicable time.
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(2) The time or place of a meeting may be changed following the public announcement required by paragraph (1) only if the agency publicly announces such change at the earliest practicable time. The subject matter of a meeting, or the determination of the agency to open or close a meeting, or portion of a meeting, to the public, may be changed following the public announcement required by this subsection only if (A) a majority of the entire membership of the agency determines by a recorded vote that agency business so requires and that no earlier announcement of the change was possible, and (B) the agency publicly announces such change and the vote of each member upon such change at the earliest practicable time.
|
||||
|
||||
(3) Immediately following each public announcement required by this subsection, notice of the time, place, and subject matter of a meeting, whether the meeting is open or closed, any change in one of the preceding, and the name and phone number of the official designated by the agency to respond to requests for information about the meeting, shall also be submitted for publication in the Federal Register.
|
||||
|
||||
(f) (1) For every meeting closed pursuant to paragraphs (1) through (10) of subsection (c), the General Counsel or chief legal officer of the agency shall publicly certify that, in his or her opinion, the meeting may be closed to the public and shall state each relevant exemptive provision. A copy of such certification, together with a statement from the presiding officer of the meeting setting forth the time and place of the meeting, and the persons present, shall be retained by the agency. The agency shall maintain a complete transcript or electronic recording adequate to record fully the proceedings of each meeting, or portion of a meeting, closed to the public, except that in the case of a meeting, or portion of a meeting, closed to the public pursuant to paragraph (8), (9)(A), or (10) of subsection (c), the agency shall maintain either such a transcript or recording, or a set of minutes. Such minutes shall fully and clearly describe all matters discussed and shall provide a full and accurate summary of any actions taken, and the reasons therefor, including a description of each of the views expressed on any item and the record of any rollcall vote (reflecting the vote of each member on the question). All documents considered in connection with any action shall be identified in such minutes.
|
||||
|
||||
(2) The agency shall make promptly available to the public, in a place easily accessible to the public, the transcript, electronic recording, or minutes (as required by paragraph (1)) of the discussion of any item on the agenda, or of any item of the testimony of any witness received at the meeting, except for such item or items of such discussion or testimony as the agency determines to contain information which may be withheld under subsection (c). Copies of such transcript, or minutes, or a transcription of such recording disclosing the identity of each speaker, shall be furnished to any person at the actual cost of duplication or transcription. The agency shall maintain a complete verbatim copy of the transcript, a complete copy of the minutes, or a complete electronic recording of each meeting, or portion of a meeting, closed to the public, for a period of at least two years after such meeting, or until one year after the conclusion of any agency proceeding with respect to which the meeting or portion was held, whichever occurs later.
|
||||
|
||||
(g) Each agency subject to the requirements of this section shall, within 180 days after the date of enactment of this section, following consultation with the Office of the Chairman of the Administrative Conference of the United States and published notice in the Federal Register of at least thirty days and opportunity for written comment by any person, promulgate regulations to implement the requirements of subsections (b) through (f) of this section. Any person may bring a proceeding in the United States District Court for the District of Columbia to require an agency to promulgate such regulations if such agency has not promulgated such regulations within the time period specified herein. Subject to any limitations of time provided by law, any person may bring a proceeding in the United States Court of Appeals for the District of Columbia to set aside agency regulations issued pursuant to this subsection that are not in accord with the requirements of subsections (b) through (f) of this section and to require the promulgation of regulations that are in accord with such subsections.
|
||||
|
||||
(h) (1) The district courts of the United States shall have jurisdiction to enforce the requirements of subsections (b) through (f) of this section by declaratory judgment, injunctive relief, or other relief as may be appropriate. Such actions may be brought by any person against an agency prior to, or within sixty days after, the meeting out of which the violation of this section arises, except that if public announcement of such meeting is not initially provided by the agency in accordance with the requirements of this section, such action may be instituted pursuant to this section at any time prior to sixty days after any public announcement of such meeting. Such actions may be brought in the district court of the United States for the district in which the agency meeting is held or in which the agency in question has its headquarters, or in the District Court for the District of Columbia. In such actions a defendant shall serve his answer within thirty days after the service of the complaint. The burden is on the defendant to sustain his action. In deciding such cases the court may examine in camera any portion of the transcript, electronic recording, or minutes of a meeting closed to the public, and may take such additional evidence as it deems necessary. The court, having due regard for orderly administration and the public interest, as well as the interests of the parties, may grant such equitable relief as it deems appropriate, including granting an injunction against future violations of this section or ordering the agency to make available to the public such portion of the transcript, recording, or minutes of a meeting as is not authorized to be withheld under subsection (c) of this section.
|
||||
|
||||
(2) Any Federal court otherwise authorized by law to review agency action may, at the application of any person properly participating in the proceeding pursuant to other applicable law, inquire into violations by the agency of the requirements of this section and afford such relief as it deems appropriate. Nothing in this section authorizes any Federal court having jurisdiction solely on the basis of paragraph (1) to set aside, enjoin, or invalidate any agency action (other than an action to close a meeting or to withhold information under this section) taken or discussed at any agency meeting out of which the violation of this section arose.
|
||||
|
||||
(i) The court may assess against any party reasonable attorney fees and other litigation costs reasonably incurred by any other party who substantially prevails in any action brought in accordance with the provisions of subsection (g) or (h) of this section, except that costs may be assessed against the plaintiff only where the court finds that the suit was initiated by the plaintiff primarily for frivolous or dilatory purposes. In the case of assessment of costs against an agency, the costs may be assessed by the court against the United States.
|
||||
|
||||
(j) Each agency subject to the requirements of this section shall annually report to the Congress regarding the following:
|
||||
|
||||
(1) The changes in the policies and procedures of the agency under this section that have occurred during the preceding 1-year period.
|
||||
|
||||
(2) A tabulation of the number of meetings held, the exemptions applied to close meetings, and the days of public notice provided to close meetings.
|
||||
|
||||
(3) A brief description of litigation or formal complaints concerning the implementation of this section by the agency.
|
||||
|
||||
(4) A brief explanation of any changes in law that have affected the responsibilities of the agency under this section.
|
||||
|
||||
(k) Nothing herein expands or limits the present rights of any person under section 552 of this title, except that the exemptions set forth in subsection (c) of this section shall govern in the case of any request made pursuant to section 552 to copy or inspect the transcripts, recordings, or minutes described in subsection (f) of this section. The requirements of chapter 33 of title 44, United States Code, shall not apply to the transcripts, recordings, and minutes described in subsection (f) of this section.
|
||||
|
||||
(l) This section does not constitute authority to withhold any information from Congress, and does not authorize the closing of any agency meeting or portion thereof required by any other provision of law to be open.
|
||||
|
||||
(m) Nothing in this section authorizes any agency to withhold from any individual any record, including transcripts, recordings, or minutes required by this section, which is otherwise accessible to such individual under section 552a of this title.
|
||||
|
||||
(Added Pub. L. 94–409, § 3(a), Sept. 13, 1976, 90 Stat. 1241; amended Pub. L. 104–66, title III, § 3002, Dec. 21, 1995, 109 Stat. 734.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 552(e) of this title, referred to in subsec. (a)(1), was redesignated section 552(f) of this title by section 1802(b) of Pub. L. 99–570. 180 days after the date of enactment of this section, referred to in subsec. (g), means 180 days after the date of enactment of Pub. L. 94–409, which was approved Sept. 13, 1976.
|
||||
|
||||
Amendments1995—Subsec. (j). Pub. L. 104–66 amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “Each agency subject to the requirements of this section shall annually report to Congress regarding its compliance with such requirements, including a tabulation of the total number of agency meetings open to the public, the total number of meetings closed to the public, the reasons for closing such meetings, and a description of any litigation brought against the agency under this section, including any costs assessed against the agency in such litigation (whether or not paid by the agency).”
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective DatePub. L. 94–409, § 6, Sept. 13, 1976, 90 Stat. 1248, provided that: “(a) Except as provided in subsection (b) of this section, the provisions of this Act [see Short Title note set out below] shall take effect 180 days after the date of its enactment [Sept. 13, 1976]. “(b) Subsection (g) of section 552b of title 5, United States Code, as added by section 3(a) of this Act, shall take effect upon enactment [Sept. 13, 1976].”
|
||||
|
||||
Short Title of 1976 AmendmentPub. L. 94–409, § 1, Sept. 13, 1976, 90 Stat. 1241, provided: “That this Act [enacting this section, amending sections 551, 552, 556, and 557 of this title, section 10 of Pub. L. 92–463, formerly set out in the Appendix to this title, and section 410 of Title 39, and enacting provisions set out as notes under this section] may be cited as the ‘Government in the Sunshine Act’.”
|
||||
|
||||
Termination of Reporting RequirementsFor termination, effective May 15, 2000, of provisions of law requiring submittal to Congress of any annual, semiannual, or other regular periodic report listed in House Document No. 103–7 (in which the report required by subsec. (j) of this section is listed on page 151), see section 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance.
|
||||
|
||||
Termination of Administrative Conference of United States For termination of Administrative Conference of United States, see provision of title IV of Pub. L. 104–52, set out as a note preceding section 591 of this title.
|
||||
|
||||
Declaration of Policy and Statement of PurposePub. L. 94–409, § 2, Sept. 13, 1976, 90 Stat. 1241, provided that: “It is hereby declared to be the policy of the United States that the public is entitled to the fullest practicable information regarding the decisionmaking processes of the Federal Government. It is the purpose of this Act [see Short Title note set out above] to provide the public with such information while protecting the rights of individuals and the ability of the Government to carry out its responsibilities.”
|
||||
@@ -0,0 +1,83 @@
|
||||
---
|
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type: "LegalText"
|
||||
title: "5 U.S.C. § 553"
|
||||
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|
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
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|
||||
citation: "5 U.S.C. § 553"
|
||||
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|
||||
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 553 - Rule making
|
||||
|
||||
## Text
|
||||
|
||||
(a) This section applies, according to the provisions thereof, except to the extent that there is involved—
|
||||
|
||||
(1) a military or foreign affairs function of the United States; or
|
||||
|
||||
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
|
||||
|
||||
(b) General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
|
||||
|
||||
(1) a statement of the time, place, and nature of public rule making proceedings;
|
||||
|
||||
(2) reference to the legal authority under which the rule is proposed;
|
||||
|
||||
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
|
||||
|
||||
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) (commonly known as regulations.gov).
|
||||
|
||||
Except when notice or hearing is required by statute, this subsection does not apply—
|
||||
|
||||
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
|
||||
|
||||
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
|
||||
|
||||
(c) After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection.
|
||||
|
||||
(d) The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except—
|
||||
|
||||
(1) a substantive rule which grants or recognizes an exemption or relieves a restriction;
|
||||
|
||||
(2) interpretative rules and statements of policy; or
|
||||
|
||||
(3) as otherwise provided by the agency for good cause found and published with the rule.
|
||||
|
||||
(e) Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383; Pub. L. 118–9, § 2, July 25, 2023, 137 Stat. 55.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1003.June 11, 1946, ch. 324, § 4, 60 Stat. 238. In subsection (a)(1), the words “or naval” are omitted as included in “military”. In subsection (b), the word “when” is substituted for “in any situation in which”. In subsection (c), the words “for oral presentation” are substituted for “to present the same orally in any manner”. The words “sections 556 and 557 of this title apply instead of this subsection” are substituted for “the requirements of sections 1006 and 1007 of this title shall apply in place of the provisions of this subsection”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 206(d) of the E-Government Act of 2002, referred to in subsec. (b)(4), is section 206(d) of Pub. L. 107–347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents.
|
||||
|
||||
Codification Section 553 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2245 of Title 7, Agriculture.
|
||||
|
||||
Amendments2023—Subsec. (b)(4). Pub. L. 118–9 added par. (4).
|
||||
|
||||
Executive Documents
|
||||
|
||||
Executive Order No. 12044 Ex. Ord. No. 12044, Mar. 23, 1978, 43 F.R. 12661, as amended by Ex. Ord. No. 12221, June 27, 1980, 45 F.R. 44249, which related to the improvement of Federal regulations, was revoked by Ex. Ord. No. 12291, Feb. 17, 1981, 46 F.R. 13193, formerly set out as a note under section 601 of this title.
|
||||
@@ -0,0 +1,89 @@
|
||||
---
|
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type: "LegalText"
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title: "5 U.S.C. § 554"
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|
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "554"
|
||||
citation: "5 U.S.C. § 554"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
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||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 554 - Adjudications
|
||||
|
||||
## Text
|
||||
|
||||
(a) This section applies, according to the provisions thereof, in every case of adjudication required by statute to be determined on the record after opportunity for an agency hearing, except to the extent that there is involved—
|
||||
|
||||
(1) a matter subject to a subsequent trial of the law and the facts de novo in a court;
|
||||
|
||||
(2) the selection or tenure of an employee, except a 11 So in original. administrative law judge appointed under section 3105 of this title;
|
||||
|
||||
(3) proceedings in which decisions rest solely on inspections, tests, or elections;
|
||||
|
||||
(4) the conduct of military or foreign affairs functions;
|
||||
|
||||
(5) cases in which an agency is acting as an agent for a court; or
|
||||
|
||||
(6) the certification of worker representatives.
|
||||
|
||||
(b) Persons entitled to notice of an agency hearing shall be timely informed of—
|
||||
|
||||
(1) the time, place, and nature of the hearing;
|
||||
|
||||
(2) the legal authority and jurisdiction under which the hearing is to be held; and
|
||||
|
||||
(3) the matters of fact and law asserted.
|
||||
|
||||
When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives.
|
||||
|
||||
(c) The agency shall give all interested parties opportunity for—
|
||||
|
||||
(1) the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit; and
|
||||
|
||||
(2) to the extent that the parties are unable so to determine a controversy by consent, hearing and decision on notice and in accordance with sections 556 and 557 of this title.
|
||||
|
||||
(d) The employee who presides at the reception of evidence pursuant to section 556 of this title shall make the recommended decision or initial decision required by section 557 of this title, unless he becomes unavailable to the agency. Except to the extent required for the disposition of ex parte matters as authorized by law, such an employee may not—
|
||||
|
||||
(1) consult a person or party on a fact in issue, unless on notice and opportunity for all parties to participate; or
|
||||
|
||||
(2) be responsible to or subject to the supervision or direction of an employee or agent engaged in the performance of investigative or prosecuting functions for an agency.
|
||||
|
||||
An employee or agent engaged in the performance of investigative or prosecuting functions for an agency in a case may not, in that or a factually related case, participate or advise in the decision, recommended decision, or agency review pursuant to section 557 of this title, except as witness or counsel in public proceedings. This subsection does not apply—
|
||||
|
||||
(A) in determining applications for initial licenses;
|
||||
|
||||
(B) to proceedings involving the validity or application of rates, facilities, or practices of public utilities or carriers; or
|
||||
|
||||
(C) to the agency or a member or members of the body comprising the agency.
|
||||
|
||||
(e) The agency, with like effect as in the case of other orders, and in its sound discretion, may issue a declaratory order to terminate a controversy or remove uncertainty.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 384; Pub. L. 95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat. 183.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1004.June 11, 1946, ch. 324, § 5, 60 Stat. 239. In subsection (a)(2), the word “employee” is substituted for “officer or employee of the United States” in view of the definition of “employee” in section 2105. In subsection (a)(4), the word “naval” is omitted as included in “military”. In subsection (a)(5), the word “or” is substituted for “and” since the exception is applicable if any one of the factors are involved. In subsection (a)(6), the word “worker” is substituted for “employee”, since the latter is defined in section 2105 as meaning Federal employees. In subsection (b), the word “When” is substituted for “In instances in which”. In subsection (c)(2), the comma after the word “hearing” is omitted to correct an editorial error. In subsection (d), the words “The employee” and “such an employee” are substituted in the first two sentences for “The same officers” and “such officers” in view of the definition of “employee” in section 2105. The word “officer” is omitted in the third and fourth sentences as included in “employee” as defined in section 2105. The prohibition in the third and fourth sentences is restated in positive form. In paragraph (C) of the last sentence, the words “in any manner” are omitted as surplusage. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 554 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2246 of Title 7, Agriculture.
|
||||
|
||||
Amendments1978—Subsec. (a)(2). Pub. L. 95–251 substituted “administrative law judge” for “hearing examiner”.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 555 - Ancillary matters
|
||||
|
||||
## Text
|
||||
|
||||
(a) This section applies, according to the provisions thereof, except as otherwise provided by this subchapter.
|
||||
|
||||
(b) A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding. So far as the orderly conduct of public business permits, an interested person may appear before an agency or its responsible employees for the presentation, adjustment, or determination of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or otherwise, or in connection with an agency function. With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it. This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency or in an agency proceeding.
|
||||
|
||||
(c) Process, requirement of a report, inspection, or other investigative act or demand may not be issued, made, or enforced except as authorized by law. A person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony.
|
||||
|
||||
(d) Agency subpenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought. On contest, the court shall sustain the subpena or similar process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply.
|
||||
|
||||
(e) Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 385.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1005.June 11, 1946, ch. 324, § 6, 60 Stat. 240. In subsection (b), the words “is entitled” are substituted for “shall be accorded the right”. The word “officers” is omitted as included in “employees” in view of the definition of “employee” in section 2105. The words “With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time” are substituted for “with reasonable dispatch” and “except that due regard shall be had for the convenience and necessity of the parties or their representatives”. The prohibition in the last sentence is restated in positive form and the words “This subsection does not” are substituted for “Nothing herein shall be construed either to”. In subsection (c), the words “in any manner or for any purpose” are omitted as surplusage. In subsection (e), the word “brief” is substituted for “simple”. The words “of the grounds for denial” are substituted for “of procedural or other grounds” for clarity. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 555 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2247 of Title 7, Agriculture.
|
||||
@@ -0,0 +1,99 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 556"
|
||||
description: "Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "556"
|
||||
citation: "5 U.S.C. § 556"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 556 - Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision
|
||||
|
||||
## Text
|
||||
|
||||
(a) This section applies, according to the provisions thereof, to hearings required by section 553 or 554 of this title to be conducted in accordance with this section.
|
||||
|
||||
(b) There shall preside at the taking of evidence—
|
||||
|
||||
(1) the agency;
|
||||
|
||||
(2) one or more members of the body which comprises the agency; or
|
||||
|
||||
(3) one or more administrative law judges appointed under section 3105 of this title.
|
||||
|
||||
This subchapter does not supersede the conduct of specified classes of proceedings, in whole or in part, by or before boards or other employees specially provided for by or designated under statute. The functions of presiding employees and of employees participating in decisions in accordance with section 557 of this title shall be conducted in an impartial manner. A presiding or participating employee may at any time disqualify himself. On the filing in good faith of a timely and sufficient affidavit of personal bias or other disqualification of a presiding or participating employee, the agency shall determine the matter as a part of the record and decision in the case.
|
||||
|
||||
(c) Subject to published rules of the agency and within its powers, employees presiding at hearings may—
|
||||
|
||||
(1) administer oaths and affirmations;
|
||||
|
||||
(2) issue subpenas authorized by law;
|
||||
|
||||
(3) rule on offers of proof and receive relevant evidence;
|
||||
|
||||
(4) take depositions or have depositions taken when the ends of justice would be served;
|
||||
|
||||
(5) regulate the course of the hearing;
|
||||
|
||||
(6) hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter;
|
||||
|
||||
(7) inform the parties as to the availability of one or more alternative means of dispute resolution, and encourage use of such methods;
|
||||
|
||||
(8) require the attendance at any conference held pursuant to paragraph (6) of at least one representative of each party who has authority to negotiate concerning resolution of issues in controversy;
|
||||
|
||||
(9) dispose of procedural requests or similar matters;
|
||||
|
||||
(10) make or recommend decisions in accordance with section 557 of this title; and
|
||||
|
||||
(11) take other action authorized by agency rule consistent with this subchapter.
|
||||
|
||||
(d) Except as otherwise provided by statute, the proponent of a rule or order has the burden of proof. Any oral or documentary evidence may be received, but the agency as a matter of policy shall provide for the exclusion of irrelevant, immaterial, or unduly repetitious evidence. A sanction may not be imposed or rule or order issued except on consideration of the whole record or those parts thereof cited by a party and supported by and in accordance with the reliable, probative, and substantial evidence. The agency may, to the extent consistent with the interests of justice and the policy of the underlying statutes administered by the agency, consider a violation of section 557(d) of this title sufficient grounds for a decision adverse to a party who has knowingly committed such violation or knowingly caused such violation to occur. A party is entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross-examination as may be required for a full and true disclosure of the facts. In rule making or determining claims for money or benefits or applications for initial licenses an agency may, when a party will not be prejudiced thereby, adopt procedures for the submission of all or part of the evidence in written form.
|
||||
|
||||
(e) The transcript of testimony and exhibits, together with all papers and requests filed in the proceeding, constitutes the exclusive record for decision in accordance with section 557 of this title and, on payment of lawfully prescribed costs, shall be made available to the parties. When an agency decision rests on official notice of a material fact not appearing in the evidence in the record, a party is entitled, on timely request, to an opportunity to show the contrary.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 386; Pub. L. 94–409, § 4(c), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 101–552, § 4(a), Nov. 15, 1990, 104 Stat. 2737.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1006.June 11, 1946, ch. 324, § 7, 60 Stat. 241. In subsection (b), the words “hearing examiners” are substituted for “examiners” in paragraph (3) for clarity. The prohibition in the second sentence is restated in positive form and the words “This subchapter does not” are substituted for “but nothing in this chapter shall be deemed to”. The words “employee” and “employees” are substituted for “officer” and “officers” in view of the definition of “employee” in section 2105. The sentence “A presiding or participating employee may at any time disqualify himself.” is substituted for the words “Any such officer may at any time withdraw if he deems himself disqualified.” Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1990—Subsec. (c)(6). Pub. L. 101–552, § 4(a)(1), inserted before semicolon at end “or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter”. Subsec. (c)(7) to (11). Pub. L. 101–552, § 4(a)(2), added pars. (7) and (8) and redesignated former pars. (7) to (9) as (9) to (11), respectively. 1978—Subsec. (b)(3). Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners”. 1976—Subsec. (d). Pub. L. 94–409 inserted provisions relating to consideration by agency of a violation under section 557(d) of this title.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1976 AmendmentAmendment 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.
|
||||
|
||||
Executive Documents
|
||||
|
||||
Hearing Examiners Employed by Department of AgricultureFunctions vested by this subchapter in hearing examiners employed by Department of Agriculture not included in functions of officers, agencies, and employees of that Department transferred to Secretary of Agriculture by 1953 Reorg. Plan No. 2, § 1, eff. June 4, 1953, 18 F.R. 3219, 67 Stat. 633, set out in the Appendix to this title.
|
||||
|
||||
Hearing Examiners Employed by Department of CommerceFunctions vested by this subchapter in hearing examiners employed by Department of Commerce not included in functions of officers, agencies, and employees of that Department transferred to Secretary of Commerce by 1950 Reorg. Plan No. 5, § 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this title.
|
||||
|
||||
Hearing Examiners Employed by Department of the InteriorFunctions vested by this subchapter in hearing examiners employed by Department of the Interior not included in functions of officers, agencies, and employees of that Department transferred to Secretary of the Interior by 1950 Reorg. Plan No. 3, § 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1262, set out in the Appendix to this title.
|
||||
|
||||
Hearing Examiners Employed by Department of JusticeFunctions vested by this subchapter in hearing examiners employed by Department of Justice not included in functions of officers, agencies, and employees of that Department transferred to Attorney General by 1950 Reorg. Plan No. 2, § 1, eff. May 24, 1950, 15 F.R. 3173, 64 Stat. 1261, set out in the Appendix to this title.
|
||||
|
||||
Hearing Examiners Employed by Department of LaborFunctions vested by this subchapter in hearing examiners employed by Department of Labor not included in functions of officers, agencies, and employees of that Department transferred to Secretary of Labor by 1950 Reorg. Plan No. 6, § 1, eff. May 24, 1950, 15 F.R. 3174, 64 Stat. 1263, set out in the Appendix to this title.
|
||||
|
||||
Hearing Examiners Employed by Department of the TreasuryFunctions vested by this subchapter in hearing examiners employed by Department of the Treasury not included in functions of officers, agencies, and employees of that Department transferred to Secretary of the Treasury by 1950 Reorg. Plan. No. 26, § 1, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to this title.
|
||||
@@ -0,0 +1,89 @@
|
||||
---
|
||||
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|
||||
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|
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "557"
|
||||
citation: "5 U.S.C. § 557"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 557 - Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record
|
||||
|
||||
## Text
|
||||
|
||||
(a) This section applies, according to the provisions thereof, when a hearing is required to be conducted in accordance with section 556 of this title.
|
||||
|
||||
(b) When the agency did not preside at the reception of the evidence, the presiding employee or, in cases not subject to section 554(d) of this title, an employee qualified to preside at hearings pursuant to section 556 of this title, shall initially decide the case unless the agency requires, either in specific cases or by general rule, the entire record to be certified to it for decision. When the presiding employee makes an initial decision, that decision then becomes the decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding employee or an employee qualified to preside at hearings pursuant to section 556 of this title shall first recommend a decision, except that in rule making or determining applications for initial licenses—
|
||||
|
||||
(1) instead thereof the agency may issue a tentative decision or one of its responsible employees may recommend a decision; or
|
||||
|
||||
(2) this procedure may be omitted in a case in which the agency finds on the record that due and timely execution of its functions imperatively and unavoidably so requires.
|
||||
|
||||
(c) Before a recommended, initial, or tentative decision, or a decision on agency review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity to submit for the consideration of the employees participating in the decisions—
|
||||
|
||||
(1) proposed findings and conclusions; or
|
||||
|
||||
(2) exceptions to the decisions or recommended decisions of subordinate employees or to tentative agency decisions; and
|
||||
|
||||
(3) supporting reasons for the exceptions or proposed findings or conclusions.
|
||||
|
||||
The record shall show the ruling on each finding, conclusion, or exception presented. All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a statement of—
|
||||
|
||||
(A) findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record; and
|
||||
|
||||
(B) the appropriate rule, order, sanction, relief, or denial thereof.
|
||||
|
||||
(d) (1) In any agency proceeding which is subject to subsection (a) of this section, except to the extent required for the disposition of ex parte matters as authorized by law—
|
||||
|
||||
(A) no interested person outside the agency shall make or knowingly cause to be made to any member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, an ex parte communication relevant to the merits of the proceeding;
|
||||
|
||||
(B) no member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of the proceeding, shall make or knowingly cause to be made to any interested person outside the agency an ex parte communication relevant to the merits of the proceeding;
|
||||
|
||||
(C) a member of the body comprising the agency, administrative law judge, or other employee who is or may reasonably be expected to be involved in the decisional process of such proceeding who receives, or who makes or knowingly causes to be made, a communication prohibited by this subsection shall place on the public record of the proceeding:
|
||||
|
||||
(i) all such written communications;
|
||||
|
||||
(ii) memoranda stating the substance of all such oral communications; and
|
||||
|
||||
(iii) all written responses, and memoranda stating the substance of all oral responses, to the materials described in clauses (i) and (ii) of this subparagraph;
|
||||
|
||||
(D) upon receipt of a communication knowingly made or knowingly caused to be made by a party in violation of this subsection, the agency, administrative law judge, or other employee presiding at the hearing may, to the extent consistent with the interests of justice and the policy of the underlying statutes, require the party to show cause why his claim or interest in the proceeding should not be dismissed, denied, disregarded, or otherwise adversely affected on account of such violation; and
|
||||
|
||||
(E) the prohibitions of this subsection shall apply beginning at such time as the agency may designate, but in no case shall they begin to apply later than the time at which a proceeding is noticed for hearing unless the person responsible for the communication has knowledge that it will be noticed, in which case the prohibitions shall apply beginning at the time of his acquisition of such knowledge.
|
||||
|
||||
(2) This subsection does not constitute authority to withhold information from Congress.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 387; Pub. L. 94–409, § 4(a), Sept. 13, 1976, 90 Stat. 1246.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1007.June 11, 1946, ch. 324, § 8, 60 Stat. 242. In subsection (b), the word “employee” is substituted for “officer” and “officers” in view of the definition of “employee” in section 2105. The word “either” is added after the word “requires” in the first sentence to eliminate the need for parentheses. The words “the presiding employee or an employee qualified to preside at hearings under section 556 of this title” are substituted for “such officers” in the last sentence. The word “initial” is omitted before “decision”, the final word in the first sentence and the sixth word of the fourth sentence, to avoid confusion between the “initial decision” of the presiding employee and the “initial decision” of the agency. In subsection (c), the word “employees” is substituted for “officers” in view of the definition of “employee” in section 2105. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 557 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2207 of Title 7, Agriculture. Section 557a of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2208 of Title 7.
|
||||
|
||||
Amendments1976—Subsec. (d). Pub. L. 94–409 added subsec. (d).
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1976 AmendmentAmendment 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.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 558 - Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses
|
||||
|
||||
## Text
|
||||
|
||||
(a) This section applies, according to the provisions thereof, to the exercise of a power or authority.
|
||||
|
||||
(b) A sanction may not be imposed or a substantive rule or order issued except within jurisdiction delegated to the agency and as authorized by law.
|
||||
|
||||
(c) When application is made for a license required by law, the agency, with due regard for the rights and privileges of all the interested parties or adversely affected persons and within a reasonable time, shall set and complete proceedings required to be conducted in accordance with sections 556 and 557 of this title or other proceedings required by law and shall make its decision. Except in cases of willfulness or those in which public health, interest, or safety requires otherwise, the withdrawal, suspension, revocation, or annulment of a license is lawful only if, before the institution of agency proceedings therefor, the licensee has been given—
|
||||
|
||||
(1) notice by the agency in writing of the facts or conduct which may warrant the action; and
|
||||
|
||||
(2) opportunity to demonstrate or achieve compliance with all lawful requirements.
|
||||
|
||||
When the licensee has made timely and sufficient application for a renewal or a new license in accordance with agency rules, a license with reference to an activity of a continuing nature does not expire until the application has been finally determined by the agency.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1008.June 11, 1946, ch. 324, § 9, 60 Stat. 242. In subsection (b), the prohibition is restated in positive form. In subsection (c), the words “within a reasonable time” are substituted for “with reasonable dispatch”. The last two sentences are restated for conciseness and clarity and to restate the prohibition in positive form. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 558 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2209 of Title 7, Agriculture.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 559"
|
||||
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|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "559"
|
||||
citation: "5 U.S.C. § 559"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s559"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "566eaca003723b815172d44b2af49f1a7634bf1e7c377392ba0ca602860d9b63"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "8da7eaac024237c8317373ce4de8fcf8e7a39c610ac0946c2631b765fd1c2dec"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 559 - Effect on other laws; effect of subsequent statute
|
||||
|
||||
## Text
|
||||
|
||||
This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5372, and 7521 of this title, and the provisions of section 5335(a)(B) of this title that relate to administrative law judges, do not limit or repeal additional requirements imposed by statute or otherwise recognized by law. Except as otherwise required by law, requirements or privileges relating to evidence or procedure apply equally to agencies and persons. Each agency is granted the authority necessary to comply with the requirements of this subchapter through the issuance of rules or otherwise. Subsequent statute may not be held to supersede or modify this subchapter, chapter 7, sections 1305, 3105, 3344, 4301(2)(E), 5372, or 7521 of this title, or the provisions of section 5335(a)(B) of this title that relate to administrative law judges, except to the extent that it does so expressly.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388; Pub. L. 90–623, § 1(1), Oct. 22, 1968, 82 Stat. 1312; Pub. L. 95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L. 95–454, title VIII, § 801(a)(3)(B)(iii), Oct. 13, 1978, 92 Stat. 1221.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1011.June 11, 1946, ch. 324, § 12, 60 Stat. 244. In the first and last sentences, the words “This subchapter, chapter 7, and sections 1305, 3105, 3344, 4301(2)(E), 5362, and 7521, and the provisions of section 5335(a)(B) of this title that relate to hearing examiners” are substituted for “this Act” to reflect the codification of the Act in this title. The words “to diminish the constitutional rights of any person or” are omitted as surplusage as there is nothing in the Act that can reasonably be construed to diminish those rights and because a statute may not operate in derogation of the Constitution. The third sentence of former section 1011 is omitted as covered by technical section 7. The sixth sentence of former section 1011 is omitted as executed. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1978—Pub. L. 95–454 substituted “5372” for “5362” wherever appearing. Pub. L. 95–251 substituted “administrative law judges” for “hearing examiners” wherever appearing. 1968—Pub. L. 90–623 inserted “of this title” after “7521” wherever appearing.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentAmendment by Pub. L. 95–454 effective on first day of first applicable pay period beginning on or after the 90th day after Oct. 13, 1978, see section 801(a)(4) of Pub. L. 95–454, set out as an Effective Date note under section 5361 of this title.
|
||||
|
||||
Effective Date of 1968 AmendmentAmendment by Pub. L. 90–623 intended to restate without substantive change the law in effect on Oct. 22, 1968, see section 6 of Pub. L. 90–623, set out as a note under section 5334 of this title.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 561"
|
||||
description: "Purpose"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "561"
|
||||
citation: "5 U.S.C. § 561"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s561"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "7e5714136e55a39fd7df00ff14380363e589490d5e316620ae7c4da3d1584152"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "e93a02a7d138104e1965317d4c7e7f9cbd45123c235f22afc62895ca748f2796"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 561 - Purpose
|
||||
|
||||
## Text
|
||||
|
||||
The purpose of this subchapter is to establish a framework for the conduct of negotiated rulemaking, consistent with section 553 of this title, to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process or with other innovative rulemaking procedures otherwise authorized by law.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 581; renumbered § 561, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 581 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of Repeal; Savings ProvisionPub. L. 101–648, § 5, Nov. 29, 1990, 104 Stat. 4976, as amended by Pub. L. 102–354, § 5(a)(2), Aug. 26, 1992, 106 Stat. 945, which provided that subchapter III of chapter 5 of title 5 and the table of sections corresponding to such subchapter, were repealed, effective 6 years after Nov. 29, 1990, except for then pending proceedings, was repealed by Pub. L. 104–320, § 11(a), Oct. 19, 1996, 110 Stat. 3873.
|
||||
|
||||
Short Title of 1992 AmendmentPub. L. 102–354, § 1, Aug. 26, 1992, 106 Stat. 944, provided that: “This Act [amending sections 565, 568, 569, 571, 577, 580, 581, and 593 of this title, section 10 of Title 9, Arbitration, and section 173 of Title 29, Labor, renumbering sections 571 to 576, 581 to 590, and 581 to 593 as 591 to 596, 561 to 570, and 571 to 583, respectively, of this title, and amending provisions set out as notes under this section and section 571 of this title] may be cited as the ‘Administrative Procedure Technical Amendments Act of 1991’.”
|
||||
|
||||
Short Title of 1990 AmendmentPub. L. 101–648, § 1, Nov. 29, 1990, 104 Stat. 4969, provided that: “This Act [enacting this subchapter] may be cited as the ‘Negotiated Rulemaking Act of 1990’.”
|
||||
|
||||
Congressional FindingsPub. L. 101–648, § 2, Nov. 29, 1990, 104 Stat. 4969, as amended by Pub. L. 117–286, § 4(a)(4), Dec. 27, 2022, 136 Stat. 4305, provided that: “The Congress makes the following findings: “(1) Government regulation has increased substantially since the enactment of the Administrative Procedure Act [see Short Title note set out preceding section 551 of this title]. “(2) Agencies currently use rulemaking procedures that may discourage the affected parties from meeting and communicating with each other, and may cause parties with different interests to assume conflicting and antagonistic positions and to engage in expensive and time-consuming litigation over agency rules. “(3) Adversarial rulemaking deprives the affected parties and the public of the benefits of face-to-face negotiations and cooperation in developing and reaching agreement on a rule. It also deprives them of the benefits of shared information, knowledge, expertise, and technical abilities possessed by the affected parties. “(4) Negotiated rulemaking, in which the parties who will be significantly affected by a rule participate in the development of the rule, can provide significant advantages over adversarial rulemaking. “(5) Negotiated rulemaking can increase the acceptability and improve the substance of rules, making it less likely that the affected parties will resist enforcement or challenge such rules in court. It may also shorten the amount of time needed to issue final rules. “(6) Agencies have the authority to establish negotiated rulemaking committees under the laws establishing such agencies and their activities and under chapter 10 of title 5, United States Code. Several agencies have successfully used negotiated rulemaking. The process has not been widely used by other agencies, however, in part because such agencies are unfamiliar with the process or uncertain as to the authority for such rulemaking.”
|
||||
|
||||
Authorization of AppropriationsPub. L. 101–648, § 4, Nov. 29, 1990, 104 Stat. 4976, as amended by Pub. L. 102–354, § 5(a)(1), Aug. 26, 1992, 106 Stat. 945, authorized additional appropriations to Administrative Conference of the United States to carry out Pub. L. 101–648 in fiscal years 1991, 1992, and 1993.
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 562"
|
||||
description: "Definitions"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "562"
|
||||
citation: "5 U.S.C. § 562"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s562"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "e10a4bd0161544e2e52bf2920f7e2c33dd57b9c583780a7d2ce8fa0d951e0d3b"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "95e01159efc72471e71bd9619fef0c135e88492b640b456aefb3293dae190448"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 562 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purposes of this subchapter, the term—
|
||||
|
||||
(1) “agency” has the same meaning as in section 551(1) of this title;
|
||||
|
||||
(2) “consensus” means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under this subchapter, unless such committee—
|
||||
|
||||
(A) agrees to define such term to mean a general but not unanimous concurrence; or
|
||||
|
||||
(B) agrees upon another specified definition;
|
||||
|
||||
(3) “convener” means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate in a particular rulemaking;
|
||||
|
||||
(4) “facilitator” means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule;
|
||||
|
||||
(5) “interest” means, with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner;
|
||||
|
||||
(6) “negotiated rulemaking” means rulemaking through the use of a negotiated rulemaking committee;
|
||||
|
||||
(7) “negotiated rulemaking committee” or “committee” means an advisory committee established by an agency in accordance with this subchapter and chapter 10 of this title to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule;
|
||||
|
||||
(8) “party” has the same meaning as in section 551(3) of this title;
|
||||
|
||||
(9) “person” has the same meaning as in section 551(2) of this title;
|
||||
|
||||
(10) “rule” has the same meaning as in section 551(4) of this title; and
|
||||
|
||||
(11) “rulemaking” means “rule making” as that term is defined in section 551(5) of this title.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 582; renumbered § 562, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 117–286, § 4(a)(5), Dec. 27, 2022, 136 Stat. 4305.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Par. (7). Pub. L. 117–286 substituted “chapter 10 of this title” for “the Federal Advisory Committee Act”. 1992—Pub. L. 102–354 renumbered section 582 of this title as this section.
|
||||
@@ -0,0 +1,71 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 563"
|
||||
description: "Determination of need for negotiated rulemaking committee"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "563"
|
||||
citation: "5 U.S.C. § 563"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s563"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "76506ad18204c60823584baff8fd3010f74d5bb25d37320d990df79e35e02765"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "f166102776fb115ec330fc2c5c559ac24348be353a2f6b009b3c5558bef3badf"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 563 - Determination of need for negotiated rulemaking committee
|
||||
|
||||
## Text
|
||||
|
||||
(a) Determination of Need by the Agency.— An agency may establish a negotiated rulemaking committee to negotiate and develop a proposed rule, if the head of the agency determines that the use of the negotiated rulemaking procedure is in the public interest. In making such a determination, the head of the agency shall consider whether—
|
||||
|
||||
(1) there is a need for a rule;
|
||||
|
||||
(2) there are a limited number of identifiable interests that will be significantly affected by the rule;
|
||||
|
||||
(3) there is a reasonable likelihood that a committee can be convened with a balanced representation of persons who—
|
||||
|
||||
(A) can adequately represent the interests identified under paragraph (2); and
|
||||
|
||||
(B) are willing to negotiate in good faith to reach a consensus on the proposed rule;
|
||||
|
||||
(4) there is a reasonable likelihood that a committee will reach a consensus on the proposed rule within a fixed period of time;
|
||||
|
||||
(5) the negotiated rulemaking procedure will not unreasonably delay the notice of proposed rulemaking and the issuance of the final rule;
|
||||
|
||||
(6) the agency has adequate resources and is willing to commit such resources, including technical assistance, to the committee; and
|
||||
|
||||
(7) the agency, to the maximum extent possible consistent with the legal obligations of the agency, will use the consensus of the committee with respect to the proposed rule as the basis for the rule proposed by the agency for notice and comment.
|
||||
|
||||
(b) Use of Conveners.— (1) Purposes of conveners.— An agency may use the services of a convener to assist the agency in—
|
||||
|
||||
(A) identifying persons who will be significantly affected by a proposed rule, including residents of rural areas; and
|
||||
|
||||
(B) conducting discussions with such persons to identify the issues of concern to such persons, and to ascertain whether the establishment of a negotiated rulemaking committee is feasible and appropriate in the particular rulemaking.
|
||||
|
||||
(2) Duties of conveners.— The convener shall report findings and may make recommendations to the agency. Upon request of the agency, the convener shall ascertain the names of persons who are willing and qualified to represent interests that will be significantly affected by the proposed rule, including residents of rural areas. The report and any recommendations of the convener shall be made available to the public upon request.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 583; renumbered § 563, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 583 of this title as this section.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Negotiated Rulemaking CommitteesPub. L. 104–320, § 11(e), Oct. 19, 1996, 110 Stat. 3874, as amended by Pub. L. 117–286, § 4(a)(6), Dec. 27, 2022, 136 Stat. 4305, provided that: “The Director of the Office of Management and Budget shall— “(1) within 180 days of the date of the enactment of this Act [Oct. 19, 1996], take appropriate action to expedite the establishment of negotiated rulemaking committees and committees established to resolve disputes under the Administrative Dispute Resolution Act [Pub. L. 101–552, see Short Title note set out under section 571 of this title], including, with respect to negotiated rulemaking committees, eliminating any redundant administrative requirements related to filing a committee charter under section 1008 of title 5, United States Code, and providing public notice of such committee under section 564 of title 5, United States Code; and “(2) within one year of the date of the enactment of this Act, submit recommendations to Congress for any necessary legislative changes.”
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 564"
|
||||
description: "Publication of notice; applications for membership on committees"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "564"
|
||||
citation: "5 U.S.C. § 564"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s564"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "4351e4bb6dc759ae32fc95791ddaeced6a3c10352ef2e9b95f5b7020d1970d57"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "f7f0c39511132b0b3383440882ed0d5dc7f31b8589c815f7c895d0374c5a783c"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 564 - Publication of notice; applications for membership on committees
|
||||
|
||||
## Text
|
||||
|
||||
(a) Publication of Notice.— If, after considering the report of a convener or conducting its own assessment, an agency decides to establish a negotiated rulemaking committee, the agency shall publish in the Federal Register and, as appropriate, in trade or other specialized publications, a notice which shall include—
|
||||
|
||||
(1) an announcement that the agency intends to establish a negotiated rulemaking committee to negotiate and develop a proposed rule;
|
||||
|
||||
(2) a description of the subject and scope of the rule to be developed, and the issues to be considered;
|
||||
|
||||
(3) a list of the interests which are likely to be significantly affected by the rule;
|
||||
|
||||
(4) a list of the persons proposed to represent such interests and the person or persons proposed to represent the agency;
|
||||
|
||||
(5) a proposed agenda and schedule for completing the work of the committee, including a target date for publication by the agency of a proposed rule for notice and comment;
|
||||
|
||||
(6) a description of administrative support for the committee to be provided by the agency, including technical assistance;
|
||||
|
||||
(7) a solicitation for comments on the proposal to establish the committee, and the proposed membership of the negotiated rulemaking committee; and
|
||||
|
||||
(8) an explanation of how a person may apply or nominate another person for membership on the committee, as provided under subsection (b).
|
||||
|
||||
(b) Applications for Membership or 11 So in original. Probably should be “on”. Committee.— Persons who will be significantly affected by a proposed rule and who believe that their interests will not be adequately represented by any person specified in a notice under subsection (a)(4) may apply for, or nominate another person for, membership on the negotiated rulemaking committee to represent such interests with respect to the proposed rule. Each application or nomination shall include—
|
||||
|
||||
(1) the name of the applicant or nominee and a description of the interests such person shall represent;
|
||||
|
||||
(2) evidence that the applicant or nominee is authorized to represent parties related to the interests the person proposes to represent;
|
||||
|
||||
(3) a written commitment that the applicant or nominee shall actively participate in good faith in the development of the rule under consideration; and
|
||||
|
||||
(4) the reasons that the persons specified in the notice under subsection (a)(4) do not adequately represent the interests of the person submitting the application or nomination.
|
||||
|
||||
(c) Period for Submission of Comments and Applications.— The agency shall provide for a period of at least 30 calendar days for the submission of comments and applications under this section.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4971, § 584; renumbered § 564, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 584 of this title as this section.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 565"
|
||||
description: "Establishment of committee"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "565"
|
||||
citation: "5 U.S.C. § 565"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s565"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "d1238f41429804b0f7b4ff318be700db1fcd3fcacb3c64e3a149c27dca465579"
|
||||
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 565 - Establishment of committee
|
||||
|
||||
## Text
|
||||
|
||||
(a) Establishment.— (1) Determination to establish committee.— If after considering comments and applications submitted under section 564, the agency determines that a negotiated rulemaking committee can adequately represent the interests that will be significantly affected by a proposed rule and that it is feasible and appropriate in the particular rulemaking, the agency may establish a negotiated rulemaking committee. In establishing and administering such a committee, the agency shall comply with chapter 10 of this title with respect to such committee, except as otherwise provided in this subchapter.
|
||||
|
||||
(2) Determination not to establish committee.— If after considering such comments and applications, the agency decides not to establish a negotiated rulemaking committee, the agency shall promptly publish notice of such decision and the reasons therefor in the Federal Register and, as appropriate, in trade or other specialized publications, a copy of which shall be sent to any person who applied for, or nominated another person for membership on the negotiating 11 So in original. Probably should be “negotiated”. rulemaking committee to represent such interests with respect to the proposed rule.
|
||||
|
||||
(b) Membership.— The agency shall limit membership on a negotiated rulemaking committee to 25 members, unless the agency head determines that a greater number of members is necessary for the functioning of the committee or to achieve balanced membership. Each committee shall include at least one person representing the agency.
|
||||
|
||||
(c) Administrative Support.— The agency shall provide appropriate administrative support to the negotiated rulemaking committee, including technical assistance.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4972, § 585; renumbered § 565 and amended Pub. L. 102–354, § 3(a)(2), (3), Aug. 26, 1992, 106 Stat. 944; Pub. L. 117–286, § 4(a)(7), Dec. 27, 2022, 136 Stat. 4305.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (a)(1). Pub. L. 117–286 substituted “chapter 10 of this title” for “the Federal Advisory Committee Act”. 1992—Pub. L. 102–354, § 3(a)(2), renumbered section 585 of this title as this section. Subsec. (a)(1). Pub. L. 102–354, § 3(a)(3), substituted “section 564” for “section 584”.
|
||||
@@ -0,0 +1,59 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 566"
|
||||
description: "Conduct of committee activity"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "566"
|
||||
citation: "5 U.S.C. § 566"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s566"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 566 - Conduct of committee activity
|
||||
|
||||
## Text
|
||||
|
||||
(a) Duties of Committee.— Each negotiated rulemaking committee established under this subchapter shall consider the matter proposed by the agency for consideration and shall attempt to reach a consensus concerning a proposed rule with respect to such matter and any other matter the committee determines is relevant to the proposed rule.
|
||||
|
||||
(b) Representatives of Agency on Committee.— The person or persons representing the agency on a negotiated rulemaking committee shall participate in the deliberations and activities of the committee with the same rights and responsibilities as other members of the committee, and shall be authorized to fully represent the agency in the discussions and negotiations of the committee.
|
||||
|
||||
(c) Selecting Facilitator.— Notwithstanding section 1009(e) of this title, an agency may nominate either a person from the Federal Government or a person from outside the Federal Government to serve as a facilitator for the negotiations of the committee, subject to the approval of the committee by consensus. If the committee does not approve the nominee of the agency for facilitator, the agency shall submit a substitute nomination. If a committee does not approve any nominee of the agency for facilitator, the committee shall select by consensus a person to serve as facilitator. A person designated to represent the agency in substantive issues may not serve as facilitator or otherwise chair the committee.
|
||||
|
||||
(d) Duties of Facilitator.— A facilitator approved or selected by a negotiated rulemaking committee shall—
|
||||
|
||||
(1) chair the meetings of the committee in an impartial manner;
|
||||
|
||||
(2) impartially assist the members of the committee in conducting discussions and negotiations; and
|
||||
|
||||
(3) manage the keeping of minutes and records as required under section 1009(b) and (c) of this title, except that any personal notes and materials of the facilitator or of the members of a committee shall not be subject to section 552 of this title.
|
||||
|
||||
(e) Committee Procedures.— A negotiated rulemaking committee established under this subchapter may adopt procedures for the operation of the committee. No provision of section 553 of this title shall apply to the procedures of a negotiated rulemaking committee.
|
||||
|
||||
(f) Report of Committee.— If a committee reaches a consensus on a proposed rule, at the conclusion of negotiations the committee shall transmit to the agency that established the committee a report containing the proposed rule. If the committee does not reach a consensus on a proposed rule, the committee may transmit to the agency a report specifying any areas in which the committee reached a consensus. The committee may include in a report any other information, recommendations, or materials that the committee considers appropriate. Any committee member may include as an addendum to the report additional information, recommendations, or materials.
|
||||
|
||||
(g) Records of Committee.— In addition to the report required by subsection (f), a committee shall submit to the agency the records required under section 1009(b) and (c) of this title.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4973, § 586; renumbered § 566, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 117–286, § 4(a)(8), Dec. 27, 2022, 136 Stat. 4305.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (c). Pub. L. 117–286, § 4(a)(8)(A), substituted “section 1009(e) of this title,” for “section 10(e) of the Federal Advisory Committee Act,”. Subsec. (d)(3). Pub. L. 117–286, § 4(a)(8)(B), substituted “section 1009(b) and (c) of this title,” for “section 10(b) and (c) of the Federal Advisory Committee Act,”. Subsec. (g). Pub. L. 117–286, § 4(a)(8)(C), substituted “section 1009(b) and (c) of this title.” for “section 10(b) and (c) of the Federal Advisory Committee Act.” 1992—Pub. L. 102–354 renumbered section 586 of this title as this section.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
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|
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|
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|
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|
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|
||||
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|
||||
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|
||||
section: "567"
|
||||
citation: "5 U.S.C. § 567"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
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retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 567 - Termination of committee
|
||||
|
||||
## Text
|
||||
|
||||
A negotiated rulemaking committee shall terminate upon promulgation of the final rule under consideration, unless the committee’s charter contains an earlier termination date or the agency, after consulting the committee, or the committee itself specifies an earlier termination date.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4974, § 587; renumbered § 567, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 587 of this title as this section.
|
||||
@@ -0,0 +1,53 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 568"
|
||||
description: "Services, facilities, and payment of committee member expenses"
|
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|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "568"
|
||||
citation: "5 U.S.C. § 568"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s568"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 568 - Services, facilities, and payment of committee member expenses
|
||||
|
||||
## Text
|
||||
|
||||
(a) Services of Conveners and Facilitators.— (1) In general.— An agency may employ or enter into contracts for the services of an individual or organization to serve as a convener or facilitator for a negotiated rulemaking committee under this subchapter, or may use the services of a Government employee to act as a convener or a facilitator for such a committee.
|
||||
|
||||
(2) Determination of conflicting interests.— An agency shall determine whether a person under consideration to serve as convener or facilitator of a committee under paragraph (1) has any financial or other interest that would preclude such person from serving in an impartial and independent manner.
|
||||
|
||||
(b) Services and Facilities of Other Entities.— For purposes of this subchapter, an agency may use the services and facilities of other Federal agencies and public and private agencies and instrumentalities with the consent of such agencies and instrumentalities, and with or without reimbursement to such agencies and instrumentalities, and may accept voluntary and uncompensated services without regard to the provisions of section 1342 of title 31. The Federal Mediation and Conciliation Service may provide services and facilities, with or without reimbursement, to assist agencies under this subchapter, including furnishing conveners, facilitators, and training in negotiated rulemaking.
|
||||
|
||||
(c) Expenses of Committee Members.— Members of a negotiated rulemaking committee shall be responsible for their own expenses of participation in such committee, except that an agency may, in accordance with section 1006(d) of this title, pay for a member’s reasonable travel and per diem expenses, expenses to obtain technical assistance, and a reasonable rate of compensation, if—
|
||||
|
||||
(1) such member certifies a lack of adequate financial resources to participate in the committee; and
|
||||
|
||||
(2) the agency determines that such member’s participation in the committee is necessary to assure an adequate representation of the member’s interest.
|
||||
|
||||
(d) Status of Member as Federal Employee.— A member’s receipt of funds under this section or section 569 shall not conclusively determine for purposes of sections 202 through 209 of title 18 whether that member is an employee of the United States Government.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4974, § 588; renumbered § 568 and amended Pub. L. 102–354, § 3(a)(2), (4), Aug. 26, 1992, 106 Stat. 944; Pub. L. 117–286, § 4(a)(9), Dec. 27, 2022, 136 Stat. 4306.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2022—Subsec. (c). Pub. L. 117–286 substituted “section 1006(d) of this title,” for “section 7(d) of the Federal Advisory Committee Act,” in introductory provisions. 1992—Pub. L. 102–354, § 3(a)(2), renumbered section 588 of this title as this section. Subsec. (d). Pub. L. 102–354, § 3(a)(4), substituted “section 569” for “section 589”.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 569"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "569"
|
||||
citation: "5 U.S.C. § 569"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
source_identifier: "/us/usc/t5/s569"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 569 - Encouraging negotiated rulemaking
|
||||
|
||||
## Text
|
||||
|
||||
(a) The President shall designate an agency or designate or establish an interagency committee to facilitate and encourage agency use of negotiated rulemaking. An agency that is considering, planning, or conducting a negotiated rulemaking may consult with such agency or committee for information and assistance.
|
||||
|
||||
(b) To carry out the purposes of this subchapter, an agency planning or conducting a negotiated rulemaking may accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal if that agency’s acceptance and use of such gifts, devises, or bequests do not create a conflict of interest. Gifts and bequests of money and proceeds from sales of other property received as gifts, devises, or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the head of such agency. Property accepted pursuant to this section, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gifts, devises, or bequests.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4975, § 589; renumbered § 569 and amended Pub. L. 102–354, § 3(a)(2), (5), Aug. 26, 1992, 106 Stat. 944; Pub. L. 104–320, § 11(b)(1), Oct. 19, 1996, 110 Stat. 3873.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Pub. L. 104–320 in section catchline substituted “Encouraging negotiated rulemaking” for “Role of the Administrative Conference of the United States and other entities”, and in text added subsecs. (a) and (b) and struck out former subsecs. (a) to (g) which related to: in subsec. (a), consultation by agencies; in subsec. (b), roster of potential conveners and facilitators; in subsec. (c), procedures to obtain conveners and facilitators; in subsec. (d), compilation of data on negotiated rulemaking and report to Congress; in subsec. (e), training in negotiated rulemaking; in subsec. (f), payment of expenses of agencies; and in subsec. (g), use of funds of the conference. 1992—Pub. L. 102–354, § 3(a)(2), renumbered section 589 of this title as this section. Subsec. (d)(2). Pub. L. 102–354, § 3(a)(5)(A), substituted “section 566” for “section 586”. Subsec. (f)(2). Pub. L. 102–354, § 3(a)(5)(B), substituted “section 568(c)” for “section 588(c)”. Subsec. (g). Pub. L. 102–354, § 3(a)(5)(C), substituted “section 595(c)(12)” for “section 575(c)(12)”.
|
||||
@@ -0,0 +1,41 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 570"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "570"
|
||||
citation: "5 U.S.C. § 570"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
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|
||||
source_identifier: "/us/usc/t5/s570"
|
||||
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|
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|
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 570 - Judicial review
|
||||
|
||||
## Text
|
||||
|
||||
Any agency action relating to establishing, assisting, or terminating a negotiated rulemaking committee under this subchapter shall not be subject to judicial review. Nothing in this section shall bar judicial review of a rule if such judicial review is otherwise provided by law. A rule which is the product of negotiated rulemaking and is subject to judicial review shall not be accorded any greater deference by a court than a rule which is the product of other rulemaking procedures.
|
||||
|
||||
(Added Pub. L. 101–648, § 3(a), Nov. 29, 1990, 104 Stat. 4976, § 590; renumbered § 570, Pub. L. 102–354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 590 of this title as this section.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 570a"
|
||||
description: "Authorization of appropriations"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
title_number: 5
|
||||
title_name: "GOVERNMENT ORGANIZATION AND EMPLOYEES"
|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "570a"
|
||||
citation: "5 U.S.C. § 570a"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s570a"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "b9731f721c9d9e4c50f1fea684984b518e06b6ae977cb4648d51f5ccb0af260a"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "5d7a4046f4ff03b3c5d24681a7553a007963c0fe62399cedccbed31c086d7a5b"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 570a - Authorization of appropriations
|
||||
|
||||
## Text
|
||||
|
||||
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.
|
||||
|
||||
(Added Pub. L. 104–320, § 11(d)(1), Oct. 19, 1996, 110 Stat. 3873.)
|
||||
@@ -0,0 +1,97 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 571"
|
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "571"
|
||||
citation: "5 U.S.C. § 571"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 571 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purposes of this subchapter, the term—
|
||||
|
||||
(1) “agency” has the same meaning as in section 551(1) of this title;
|
||||
|
||||
(2) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter;
|
||||
|
||||
(3) “alternative means of dispute resolution” means any procedure that is used to resolve issues in controversy, including, but not limited to, conciliation, facilitation, mediation, factfinding, minitrials, arbitration, and use of ombuds, or any combination thereof;
|
||||
|
||||
(4) “award” means any decision by an arbitrator resolving the issues in controversy;
|
||||
|
||||
(5) “dispute resolution communication” means any oral or written communication prepared for the purposes of a dispute resolution proceeding, including any memoranda, notes or work product of the neutral, parties or nonparty participant; except that a written agreement to enter into a dispute resolution proceeding, or final written agreement or arbitral award reached as a result of a dispute resolution proceeding, is not a dispute resolution communication;
|
||||
|
||||
(6) “dispute resolution proceeding” means any process in which an alternative means of dispute resolution is used to resolve an issue in controversy in which a neutral is appointed and specified parties participate;
|
||||
|
||||
(7) “in confidence” means, with respect to information, that the information is provided—
|
||||
|
||||
(A) with the expressed intent of the source that it not be disclosed; or
|
||||
|
||||
(B) under circumstances that would create the reasonable expectation on behalf of the source that the information will not be disclosed;
|
||||
|
||||
(8) “issue in controversy” means an issue which is material to a decision concerning an administrative program of an agency, and with which there is disagreement—
|
||||
|
||||
(A) between an agency and persons who would be substantially affected by the decision; or
|
||||
|
||||
(B) between persons who would be substantially affected by the decision;
|
||||
|
||||
(9) “neutral” means an individual who, with respect to an issue in controversy, functions specifically to aid the parties in resolving the controversy;
|
||||
|
||||
(10) “party” means—
|
||||
|
||||
(A) for a proceeding with named parties, the same as in section 551(3) of this title; and
|
||||
|
||||
(B) for a proceeding without named parties, a person who will be significantly affected by the decision in the proceeding and who participates in the proceeding;
|
||||
|
||||
(11) “person” has the same meaning as in section 551(2) of this title; and
|
||||
|
||||
(12) “roster” means a list of persons qualified to provide services as neutrals.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2738, § 581; renumbered § 571 and amended Pub. L. 102–354, §§ 3(b)(2), 5(b)(1), (2), Aug. 26, 1992, 106 Stat. 944, 946; Pub. L. 104–320, § 2, Oct. 19, 1996, 110 Stat. 3870.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 571 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2256 of Title 7, Agriculture.
|
||||
|
||||
Prior ProvisionsA prior section 571 was renumbered section 591 of this title.
|
||||
|
||||
Amendments1996—Par. (3). Pub. L. 104–320, § 2(1), struck out “, in lieu of an adjudication as defined in section 551(7) of this title,” after “any procedure that is used”, struck out “settlement negotiations,” after “but not limited to,” and substituted “arbitration, and use of ombuds” for “and arbitration”. Par. (8). Pub. L. 104–320, § 2(2), substituted “decision;” for “decision,” at end of subpar. (B), and struck out closing provisions which read as follows: “except that such term shall not include any matter specified under section 2302 or 7121(c) of this title;”. 1992—Pub. L. 102–354, § 3(b)(2), renumbered section 581 of this title as this section. Par. (3). Pub. L. 102–354, § 5(b)(1), inserted comma after “including”. Par. (8). Pub. L. 102–354, § 5(b)(2), amended par. (8) generally. Prior to amendment, par. (8) read as follows: “ ‘issue in controversy’ means an issue which is material to a decision concerning an administrative program of an agency, and with which there is disagreement between the agency and persons who would be substantially affected by the decision but shall not extend to matters specified under the provisions of sections 2302 and 7121(c) of title 5;”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination Date; Savings ProvisionPub. L. 101–552, § 11, Nov. 15, 1990, 104 Stat. 2747, as amended by Pub. L. 104–106, div. D, title XLIII, § 4321(i)(5), Feb. 10, 1996, 110 Stat. 676, which provided that the authority of agencies to use dispute resolution proceedings under this Act [see Short Title note below] was to terminate on Oct. 1, 1995, except with respect to pending proceedings, was repealed by Pub. L. 104–320, § 9, Oct. 19, 1996, 110 Stat. 3872.
|
||||
|
||||
Short Title of 1996 AmendmentPub. L. 104–320, § 1, Oct. 19, 1996, 110 Stat. 3870, provided that: “This Act [enacting sections 570a and 584 of this title, amending this section, sections 569, 573 to 575, 580, 581, and 583 of this title, section 2304 of Title 10, Armed Forces, section 1491 of Title 28, Crimes and Criminal Procedure, section 173 of Title 29, Labor, section 3556 of Title 31, Money and Finance, and sections 253 and 605 of Title 41, Public Contracts, repealing section 582 of this title, enacting provisions set out as notes under section 563 of this title, section 1491 of Title 28, and section 3556 of Title 31, amending provisions set out as notes under this section, and repealing provisions set out as notes under this section and section 561 of this title] may be cited as the ‘Administrative Dispute Resolution Act of 1996’.”
|
||||
|
||||
Short TitlePub. L. 101–552, § 1, Nov. 15, 1990, 104 Stat. 2736, provided that: “This Act [enacting this subchapter, amending section 556 of this title, section 10 of Title 9, Arbitration, section 2672 of Title 28, Judiciary and Judicial Procedure, section 173 of Title 29, Labor, section 3711 of Title 31, Money and Finance, and sections 605 and 607 of Title 41, Public Contracts, and enacting provisions set out as notes under this section] may be cited as the ‘Administrative Dispute Resolution Act’.”
|
||||
|
||||
Congressional FindingsPub. L. 101–552, § 2, Nov. 15, 1990, 104 Stat. 2736, provided that: “The Congress finds that— “(1) administrative procedure, as embodied in chapter 5 of title 5, United States Code, and other statutes, is intended to offer a prompt, expert, and inexpensive means of resolving disputes as an alternative to litigation in the Federal courts; “(2) administrative proceedings have become increasingly formal, costly, and lengthy resulting in unnecessary expenditures of time and in a decreased likelihood of achieving consensual resolution of disputes; “(3) alternative means of dispute resolution have been used in the private sector for many years and, in appropriate circumstances, have yielded decisions that are faster, less expensive, and less contentious; “(4) such alternative means can lead to more creative, efficient, and sensible outcomes; “(5) such alternative means may be used advantageously in a wide variety of administrative programs; “(6) explicit authorization of the use of well-tested dispute resolution techniques will eliminate ambiguity of agency authority under existing law; “(7) Federal agencies may not only receive the benefit of techniques that were developed in the private sector, but may also take the lead in the further development and refinement of such techniques; and “(8) the availability of a wide range of dispute resolution procedures, and an increased understanding of the most effective use of such procedures, will enhance the operation of the Government and better serve the public.”
|
||||
|
||||
Promotion of Alternative Means of Dispute ResolutionPub. L. 101–552, § 3, Nov. 15, 1990, 104 Stat. 2736, as amended by Pub. L. 104–320, § 4(a), Oct. 19, 1996, 110 Stat. 3871, provided that: “(a) Promulgation of Agency Policy.—Each agency shall adopt a policy that addresses the use of alternative means of dispute resolution and case management. In developing such a policy, each agency shall—“(1) consult with the agency designated by, or the interagency committee designated or established by, the President under section 573 of title 5, United States Code, to facilitate and encourage agency use of alternative dispute resolution under subchapter IV of chapter 5 of such title; and “(2) examine alternative means of resolving disputes in connection with—“(A) formal and informal adjudications; “(B) rulemakings; “(C) enforcement actions; “(D) issuing and revoking licenses or permits; “(E) contract administration; “(F) litigation brought by or against the agency; and “(G) other agency actions. “(b) Dispute Resolution Specialists.—The head of each agency shall designate a senior official to be the dispute resolution specialist of the agency. Such official shall be responsible for the implementation of—“(1) the provisions of this Act [see Short Title note above] and the amendments made by this Act; and “(2) the agency policy developed under subsection (a). “(c) Training.—Each agency shall provide for training on a regular basis for the dispute resolution specialist of the agency and other employees involved in implementing the policy of the agency developed under subsection (a). Such training should encompass the theory and practice of negotiation, mediation, arbitration, or related techniques. The dispute resolution specialist shall periodically recommend to the agency head agency employees who would benefit from similar training. “(d) Procedures for Grants and Contracts.—“(1) Each agency shall review each of its standard agreements for contracts, grants, and other assistance and shall determine whether to amend any such standard agreements to authorize and encourage the use of alternative means of dispute resolution. “(2)(A) Within 1 year after the date of the enactment of this Act [Nov. 15, 1990], the Federal Acquisition Regulation shall be amended, as necessary, to carry out this Act [see Short Title note above] and the amendments made by this Act. “(B) For purposes of this section, the term ‘Federal Acquisition Regulation’ means the single system of Government-wide procurement regulation referred to in section 6(a) of the Office of Federal Procurement Policy Act ([former] 41 U.S.C. 405(a)) [now 41 U.S.C. 1121(a) to (c)(1)].”
|
||||
|
||||
Use of NonattorneysPub. L. 101–552, § 9, Nov. 15, 1990, 104 Stat. 2747, provided that: “(a) Representation of Parties.—Each agency, in developing a policy on the use of alternative means of dispute resolution under this Act [see Short Title note above], shall develop a policy with regard to the representation by persons other than attorneys of parties in alternative dispute resolution proceedings and shall identify any of its administrative programs with numerous claims or disputes before the agency and determine—“(1) the extent to which individuals are represented or assisted by attorneys or by persons who are not attorneys; and “(2) whether the subject areas of the applicable proceedings or the procedures are so complex or specialized that only attorneys may adequately provide such representation or assistance. “(b) Representation and Assistance by Nonattorneys.—A person who is not an attorney may provide representation or assistance to any individual in a claim or dispute with an agency, if—“(1) such claim or dispute concerns an administrative program identified under subsection (a); “(2) such agency determines that the proceeding or procedure does not necessitate representation or assistance by an attorney under subsection (a)(2); and “(3) such person meets any requirement of the agency to provide representation or assistance in such a claim or dispute. “(c) Disqualification of Representation or Assistance.—Any agency that adopts regulations under subchapter IV of chapter 5 of title 5, United States Code, to permit representation or assistance by persons who are not attorneys shall review the rules of practice before such agency to—“(1) ensure that any rules pertaining to disqualification of attorneys from practicing before the agency shall also apply, as appropriate, to other persons who provide representation or assistance; and “(2) establish effective agency procedures for enforcing such rules of practice and for receiving complaints from affected persons.”
|
||||
|
||||
Definitions Pub. L. 101–552, § 10, Nov. 15, 1990, 104 Stat. 2747, as amended by Pub. L. 102–354, § 5(b)(6), Aug. 26, 1992, 106 Stat. 946, provided that: “As used in this Act [see Short Title note above], the terms ‘agency’, ‘administrative program’, and ‘alternative means of dispute resolution’ have the meanings given such terms in section 571 of title 5, United States Code (enacted as section 581 of title 5, United States Code, by section 4(b) of this Act, and redesignated as section 571 of such title by section 3(b) of the Administrative Procedure Technical Amendments Act of 1991 [Pub. L. 102–354]).”
|
||||
@@ -0,0 +1,61 @@
|
||||
---
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|
||||
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|
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|
||||
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|
||||
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|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "572"
|
||||
citation: "5 U.S.C. § 572"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 572 - General authority
|
||||
|
||||
## Text
|
||||
|
||||
(a) An agency may use a dispute resolution proceeding for the resolution of an issue in controversy that relates to an administrative program, if the parties agree to such proceeding.
|
||||
|
||||
(b) An agency shall consider not using a dispute resolution proceeding if—
|
||||
|
||||
(1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;
|
||||
|
||||
(2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency;
|
||||
|
||||
(3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;
|
||||
|
||||
(4) the matter significantly affects persons or organizations who are not parties to the proceeding;
|
||||
|
||||
(5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and
|
||||
|
||||
(6) the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency’s fulfilling that requirement.
|
||||
|
||||
(c) Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2739, § 582; renumbered § 572, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 572 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2257 of Title 7, Agriculture.
|
||||
|
||||
Prior ProvisionsA prior section 572 was renumbered section 592 of this title.
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 582 of this title as this section.
|
||||
@@ -0,0 +1,57 @@
|
||||
---
|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 573"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 573 - Neutrals
|
||||
|
||||
## Text
|
||||
|
||||
(a) A neutral may be a permanent or temporary officer or employee of the Federal Government or any other individual who is acceptable to the parties to a dispute resolution proceeding. A neutral shall have no official, financial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve.
|
||||
|
||||
(b) A neutral who serves as a conciliator, facilitator, or mediator serves at the will of the parties.
|
||||
|
||||
(c) The President shall designate an agency or designate or establish an interagency committee to facilitate and encourage agency use of dispute resolution under this subchapter. Such agency or interagency committee, in consultation with other appropriate Federal agencies and professional organizations experienced in matters concerning dispute resolution, shall—
|
||||
|
||||
(1) encourage and facilitate agency use of alternative means of dispute resolution; and
|
||||
|
||||
(2) develop procedures that permit agencies to obtain the services of neutrals on an expedited basis.
|
||||
|
||||
(d) An agency may use the services of one or more employees of other agencies to serve as neutrals in dispute resolution proceedings. The agencies may enter into an interagency agreement that provides for the reimbursement by the user agency or the parties of the full or partial cost of the services of such an employee.
|
||||
|
||||
(e) Any agency may enter into a contract with any person for services as a neutral, or for training in connection with alternative means of dispute resolution. The parties in a dispute resolution proceeding shall agree on compensation for the neutral that is fair and reasonable to the Government.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2739, § 583; renumbered § 573, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 104–320, § 7(b), Oct. 19, 1996, 110 Stat. 3872.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 573 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2258 of Title 7, Agriculture.
|
||||
|
||||
Prior ProvisionsA prior section 573 was renumbered section 593 of this title.
|
||||
|
||||
Amendments1996—Subsec. (c). Pub. L. 104–320, § 7(b)(1), added subsec. (c) and struck out former subsec. (c) which related to power of Administrative Conference of the United States to establish and utilize standards for neutrals and to enter into contracts for services of neutrals. Subsec. (e). Pub. L. 104–320, § 7(b)(2), struck out “on a roster established under subsection (c)(2) or a roster maintained by other public or private organizations, or individual” after “contract with any person”. 1992—Pub. L. 102–354 renumbered section 583 of this title as this section.
|
||||
@@ -0,0 +1,103 @@
|
||||
---
|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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||||
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|
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|
||||
text_hash: "cd0d16ceb996cbbc66df467494a44bd824acf99b180e69555a190479bcb48182"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 574 - Confidentiality
|
||||
|
||||
## Text
|
||||
|
||||
(a) Except as provided in subsections (d) and (e), a neutral in a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any dispute resolution communication or any communication provided in confidence to the neutral, unless—
|
||||
|
||||
(1) all parties to the dispute resolution proceeding and the neutral consent in writing, and, if the dispute resolution communication was provided by a nonparty participant, that participant also consents in writing;
|
||||
|
||||
(2) the dispute resolution communication has already been made public;
|
||||
|
||||
(3) the dispute resolution communication is required by statute to be made public, but a neutral should make such communication public only if no other person is reasonably available to disclose the communication; or
|
||||
|
||||
(4) a court determines that such testimony or disclosure is necessary to—
|
||||
|
||||
(A) prevent a manifest injustice;
|
||||
|
||||
(B) help establish a violation of law; or
|
||||
|
||||
(C) prevent harm to the public health or safety,
|
||||
|
||||
of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution proceedings in general by reducing the confidence of parties in future cases that their communications will remain confidential.
|
||||
|
||||
(b) A party to a dispute resolution proceeding shall not voluntarily disclose or through discovery or compulsory process be required to disclose any dispute resolution communication, unless—
|
||||
|
||||
(1) the communication was prepared by the party seeking disclosure;
|
||||
|
||||
(2) all parties to the dispute resolution proceeding consent in writing;
|
||||
|
||||
(3) the dispute resolution communication has already been made public;
|
||||
|
||||
(4) the dispute resolution communication is required by statute to be made public;
|
||||
|
||||
(5) a court determines that such testimony or disclosure is necessary to—
|
||||
|
||||
(A) prevent a manifest injustice;
|
||||
|
||||
(B) help establish a violation of law; or
|
||||
|
||||
(C) prevent harm to the public health and safety,
|
||||
|
||||
of sufficient magnitude in the particular case to outweigh the integrity of dispute resolution proceedings in general by reducing the confidence of parties in future cases that their communications will remain confidential;
|
||||
|
||||
(6) the dispute resolution communication is relevant to determining the existence or meaning of an agreement or award that resulted from the dispute resolution proceeding or to the enforcement of such an agreement or award; or
|
||||
|
||||
(7) except for dispute resolution communications generated by the neutral, the dispute resolution communication was provided to or was available to all parties to the dispute resolution proceeding.
|
||||
|
||||
(c) Any dispute resolution communication that is disclosed in violation of subsection (a) or (b), shall not be admissible in any proceeding relating to the issues in controversy with respect to which the communication was made.
|
||||
|
||||
(d) (1) The parties may agree to alternative confidential procedures for disclosures by a neutral. Upon such agreement the parties shall inform the neutral before the commencement of the dispute resolution proceeding of any modifications to the provisions of subsection (a) that will govern the confidentiality of the dispute resolution proceeding. If the parties do not so inform the neutral, subsection (a) shall apply.
|
||||
|
||||
(2) To qualify for the exemption established under subsection (j), an alternative confidential procedure under this subsection may not provide for less disclosure than the confidential procedures otherwise provided under this section.
|
||||
|
||||
(e) If a demand for disclosure, by way of discovery request or other legal process, is made upon a neutral regarding a dispute resolution communication, the neutral shall make reasonable efforts to notify the parties and any affected nonparty participants of the demand. Any party or affected nonparty participant who receives such notice and within 15 calendar days does not offer to defend a refusal of the neutral to disclose the requested information shall have waived any objection to such disclosure.
|
||||
|
||||
(f) Nothing in this section shall prevent the discovery or admissibility of any evidence that is otherwise discoverable, merely because the evidence was presented in the course of a dispute resolution proceeding.
|
||||
|
||||
(g) Subsections (a) and (b) shall have no effect on the information and data that are necessary to document an agreement reached or order issued pursuant to a dispute resolution proceeding.
|
||||
|
||||
(h) Subsections (a) and (b) shall not prevent the gathering of information for research or educational purposes, in cooperation with other agencies, governmental entities, or dispute resolution programs, so long as the parties and the specific issues in controversy are not identifiable.
|
||||
|
||||
(i) Subsections (a) and (b) shall not prevent use of a dispute resolution communication to resolve a dispute between the neutral in a dispute resolution proceeding and a party to or participant in such proceeding, so long as such dispute resolution communication is disclosed only to the extent necessary to resolve such dispute.
|
||||
|
||||
(j) A dispute resolution communication which is between a neutral and a party and which may not be disclosed under this section shall also be exempt from disclosure under section 552(b)(3).
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2740, § 584; renumbered § 574, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 104–320, § 3, Oct. 19, 1996, 110 Stat. 3870.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 574 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2255 of Title 7, Agriculture. Section 574a of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2226 of Title 7.
|
||||
|
||||
Prior ProvisionsA prior section 574 was renumbered section 594 of this title.
|
||||
|
||||
Amendments1996—Subsecs. (a), (b). Pub. L. 104–320, § 3(a), in introductory provisions struck out “any information concerning” after “be required to disclose”. Subsec. (b)(7). Pub. L. 104–320, § 3(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: “the dispute resolution communication was provided to or was available to all parties to the dispute resolution proceeding”. Subsec. (d). Pub. L. 104–320, § 3(c), designated existing provisions as par. (1) and added par. (2). Subsec. (j). Pub. L. 104–320, § 3(d), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as follows: “This section shall not be considered a statute specifically exempting disclosure under section 552(b)(3) of this title.” 1992—Pub. L. 102–354 renumbered section 584 of this title as this section.
|
||||
@@ -0,0 +1,61 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 575"
|
||||
description: "Authorization of arbitration"
|
||||
jurisdiction: "us"
|
||||
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|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "575"
|
||||
citation: "5 U.S.C. § 575"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s575"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
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|
||||
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||||
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||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 575 - Authorization of arbitration
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Arbitration may be used as an alternative means of dispute resolution whenever all parties consent. Consent may be obtained either before or after an issue in controversy has arisen. A party may agree to—
|
||||
|
||||
(A) submit only certain issues in controversy to arbitration; or
|
||||
|
||||
(B) arbitration on the condition that the award must be within a range of possible outcomes.
|
||||
|
||||
(2) The arbitration agreement that sets forth the subject matter submitted to the arbitrator shall be in writing. Each such arbitration agreement shall specify a maximum award that may be issued by the arbitrator and may specify other conditions limiting the range of possible outcomes.
|
||||
|
||||
(3) An agency may not require any person to consent to arbitration as a condition of entering into a contract or obtaining a benefit.
|
||||
|
||||
(b) An officer or employee of an agency shall not offer to use arbitration for the resolution of issues in controversy unless such officer or employee—
|
||||
|
||||
(1) would otherwise have authority to enter into a settlement concerning the matter; or
|
||||
|
||||
(2) is otherwise specifically authorized by the agency to consent to the use of arbitration.
|
||||
|
||||
(c) Prior to using binding arbitration under this subchapter, the head of an agency, in consultation with the Attorney General and after taking into account the factors in section 572(b), shall issue guidance on the appropriate use of binding arbitration and when an officer or employee of the agency has authority to settle an issue in controversy through binding arbitration.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 585; renumbered § 575, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 104–320, § 8(c), Oct. 19, 1996, 110 Stat. 3872.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 575 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2259 of Title 7, Agriculture.
|
||||
|
||||
Prior ProvisionsA prior section 575 was renumbered section 595 of this title.
|
||||
|
||||
Amendments1996—Subsec. (a)(2). Pub. L. 104–320, § 8(c)(1), (2), substituted “The” for “Any” and inserted at end “Each such arbitration agreement shall specify a maximum award that may be issued by the arbitrator and may specify other conditions limiting the range of possible outcomes.” Subsec. (b). Pub. L. 104–320, § 8(c)(3), in introductory provisions substituted “shall not offer to use arbitration for the resolution of issues in controversy unless” for “may offer to use arbitration for the resolution of issues in controversy, if”, and in par. (1) substituted “would otherwise have authority” for “has authority”. Subsec. (c). Pub. L. 104–320, § 8(c)(4), added subsec. (c). 1992—Pub. L. 102–354 renumbered section 585 of this title as this section.
|
||||
@@ -0,0 +1,45 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 576"
|
||||
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|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "576"
|
||||
citation: "5 U.S.C. § 576"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s576"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
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text_hash: "d8157049f4811abaa34ae9c7393b986b4cb6379db3b47a473a09d3329d5f9d23"
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||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 576 - Enforcement of arbitration agreements
|
||||
|
||||
## Text
|
||||
|
||||
An agreement to arbitrate a matter to which this subchapter applies is enforceable pursuant to section 4 of title 9, and no action brought to enforce such an agreement shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 586; renumbered § 576, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Codification Section 576 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2260 of Title 7, Agriculture, and subsequently repealed by Pub. L. 107–171, title X, § 10418(a)(3), May 13, 2002, 116 Stat. 507.
|
||||
|
||||
Prior ProvisionsA prior section 576 was renumbered section 596 of this title.
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 586 of this title as this section.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 577"
|
||||
description: "Arbitrators"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "577"
|
||||
citation: "5 U.S.C. § 577"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s577"
|
||||
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||||
source_hash: "ba2b80112d1c06e29f4e8b44ef8a89c90fa5335ab70950119ba30f5149396370"
|
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||||
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|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 577 - Arbitrators
|
||||
|
||||
## Text
|
||||
|
||||
(a) The parties to an arbitration proceeding shall be entitled to participate in the selection of the arbitrator.
|
||||
|
||||
(b) The arbitrator shall be a neutral who meets the criteria of section 573 of this title.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 587; renumbered § 577 and amended Pub. L. 102–354, § 3(b)(2), (3), Aug. 26, 1992, 106 Stat. 944, 945.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Pub. L. 102–354, § 3(b)(2), renumbered section 587 of this title as this section. Subsec. (b). Pub. L. 102–354, § 3(b)(3), substituted “section 573” for “section 583”.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 578"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "578"
|
||||
citation: "5 U.S.C. § 578"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 578 - Authority of the arbitrator
|
||||
|
||||
## Text
|
||||
|
||||
An arbitrator to whom a dispute is referred under this subchapter may—
|
||||
|
||||
(1) regulate the course of and conduct arbitral hearings;
|
||||
|
||||
(2) administer oaths and affirmations;
|
||||
|
||||
(3) compel the attendance of witnesses and production of evidence at the hearing under the provisions of section 7 of title 9 only to the extent the agency involved is otherwise authorized by law to do so; and
|
||||
|
||||
(4) make awards.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 588; renumbered § 578, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 588 of this title as this section.
|
||||
@@ -0,0 +1,69 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
section: "579"
|
||||
citation: "5 U.S.C. § 579"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 579 - Arbitration proceedings
|
||||
|
||||
## Text
|
||||
|
||||
(a) The arbitrator shall set a time and place for the hearing on the dispute and shall notify the parties not less than 5 days before the hearing.
|
||||
|
||||
(b) Any party wishing a record of the hearing shall—
|
||||
|
||||
(1) be responsible for the preparation of such record;
|
||||
|
||||
(2) notify the other parties and the arbitrator of the preparation of such record;
|
||||
|
||||
(3) furnish copies to all identified parties and the arbitrator; and
|
||||
|
||||
(4) pay all costs for such record, unless the parties agree otherwise or the arbitrator determines that the costs should be apportioned.
|
||||
|
||||
(c) (1) The parties to the arbitration are entitled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing.
|
||||
|
||||
(2) The arbitrator may, with the consent of the parties, conduct all or part of the hearing by telephone, television, computer, or other electronic means, if each party has an opportunity to participate.
|
||||
|
||||
(3) The hearing shall be conducted expeditiously and in an informal manner.
|
||||
|
||||
(4) The arbitrator may receive any oral or documentary evidence, except that irrelevant, immaterial, unduly repetitious, or privileged evidence may be excluded by the arbitrator.
|
||||
|
||||
(5) The arbitrator shall interpret and apply relevant statutory and regulatory requirements, legal precedents, and policy directives.
|
||||
|
||||
(d) No interested person shall make or knowingly cause to be made to the arbitrator an unauthorized ex parte communication relevant to the merits of the proceeding, unless the parties agree otherwise. If a communication is made in violation of this subsection, the arbitrator shall ensure that a memorandum of the communication is prepared and made a part of the record, and that an opportunity for rebuttal is allowed. Upon receipt of a communication made in violation of this subsection, the arbitrator may, to the extent consistent with the interests of justice and the policies underlying this subchapter, require the offending party to show cause why the claim of such party should not be resolved against such party as a result of the improper conduct.
|
||||
|
||||
(e) The arbitrator shall make the award within 30 days after the close of the hearing, or the date of the filing of any briefs authorized by the arbitrator, whichever date is later, unless—
|
||||
|
||||
(1) the parties agree to some other time limit; or
|
||||
|
||||
(2) the agency provides by rule for some other time limit.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 589; renumbered § 579, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 589 of this title as this section.
|
||||
@@ -0,0 +1,49 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 580"
|
||||
description: "Arbitration awards"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "580"
|
||||
citation: "5 U.S.C. § 580"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s580"
|
||||
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||||
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|
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 580 - Arbitration awards
|
||||
|
||||
## Text
|
||||
|
||||
(a) (1) Unless the agency provides otherwise by rule, the award in an arbitration proceeding under this subchapter shall include a brief, informal discussion of the factual and legal basis for the award, but formal findings of fact or conclusions of law shall not be required.
|
||||
|
||||
(2) The prevailing parties shall file the award with all relevant agencies, along with proof of service on all parties.
|
||||
|
||||
(b) The award in an arbitration proceeding shall become final 30 days after it is served on all parties. Any agency that is a party to the proceeding may extend this 30-day period for an additional 30-day period by serving a notice of such extension on all other parties before the end of the first 30-day period.
|
||||
|
||||
(c) A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9. No action brought to enforce such an award shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party.
|
||||
|
||||
(d) An award entered under this subchapter in an arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved in the proceeding. Such an award also may not be used as precedent or otherwise be considered in any factually unrelated proceeding, whether conducted under this subchapter, by an agency, or in a court, or in any other arbitration proceeding.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2743, § 590; renumbered § 580 and amended Pub. L. 102–354, §§ 3(b)(2), 5(b)(3), Aug. 26, 1992, 106 Stat. 944, 946; Pub. L. 104–320, § 8(a), Oct. 19, 1996, 110 Stat. 3872.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments1996—Subsec. (c). Pub. L. 104–320, § 8(a), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: “The head of any agency that is a party to an arbitration proceeding conducted under this subchapter is authorized to terminate the arbitration proceeding or vacate any award issued pursuant to the proceeding before the award becomes final by serving on all other parties a written notice to that effect, in which case the award shall be null and void. Notice shall be provided to all parties to the arbitration proceeding of any request by a party, nonparty participant or other person that the agency head terminate the arbitration proceeding or vacate the award. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency may not, in that or a factually related case, advise in a decision under this subsection to terminate an arbitration proceeding or to vacate an arbitral award, except as witness or counsel in public proceedings.” Subsecs. (d), (e). Pub. L. 104–320, § 8(a)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsecs. (f), (g). Pub. L. 104–320, § 8(a)(1), struck out subsecs. (f) and (g) which read as follows: “(f) An arbitral award that is vacated under subsection (c) shall not be admissible in any proceeding relating to the issues in controversy with respect to which the award was made. “(g) If an agency head vacates an award under subsection (c), a party to the arbitration (other than the United States) may within 30 days of such action petition the agency head for an award of fees and other expenses (as defined in section 504(b)(1)(A) of this title) incurred in connection with the arbitration proceeding. The agency head shall award the petitioning party those fees and expenses that would not have been incurred in the absence of such arbitration proceeding, unless the agency head or his or her designee finds that special circumstances make such an award unjust. The procedures for reviewing applications for awards shall, where appropriate, be consistent with those set forth in subsection (a)(2) and (3) of section 504 of this title. Such fees and expenses shall be paid from the funds of the agency that vacated the award.” 1992—Pub. L. 102–354, § 3(b)(2), renumbered section 590 of this title as this section. Subsec. (g). Pub. L. 102–354, § 5(b)(3), substituted “fees and other expenses” for “attorney fees and expenses”.
|
||||
@@ -0,0 +1,47 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 581"
|
||||
description: "Judicial Review 11 So in original. Probably should not be capitalized."
|
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|
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|
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|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "581"
|
||||
citation: "5 U.S.C. § 581"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s581"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 581 - Judicial Review 11 So in original. Probably should not be capitalized.
|
||||
|
||||
## Text
|
||||
|
||||
(a) Notwithstanding any other provision of law, any person adversely affected or aggrieved by an award made in an arbitration proceeding conducted under this subchapter may bring an action for review of such award only pursuant to the provisions of sections 9 through 13 of title 9.
|
||||
|
||||
(b) A decision by an agency to use or not to use a dispute resolution proceeding under this subchapter shall be committed to the discretion of the agency and shall not be subject to judicial review, except that arbitration shall be subject to judicial review under section 10(b) 22 See References in Text note below. of title 9.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2744, § 591; renumbered § 581 and amended Pub. L. 102–354, § 3(b)(2), (4), Aug. 26, 1992, 106 Stat. 944, 945; Pub. L. 104–320, § 8(b), Oct. 19, 1996, 110 Stat. 3872.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextSection 10(b) of title 9, referred to in subsec. (b), was redesignated section 10(c) of title 9 by Pub. L. 107–169, § 1(4), May 7, 2002, 116 Stat. 132.
|
||||
|
||||
Prior ProvisionsA prior section 581 was renumbered section 571 of this title. Another prior section 581 was renumbered section 561 of this title.
|
||||
|
||||
Amendments1996—Subsec. (b). Pub. L. 104–320, which directed that section 581(d) of this title be amended by striking “(1)” after “(b)” and by striking par. (2), was executed to subsec. (b) of this section to reflect the probable intent of Congress. Prior to amendment, par. (2) read as follows: “A decision by the head of an agency under section 580 to terminate an arbitration proceeding or vacate an arbitral award shall be committed to the discretion of the agency and shall not be subject to judicial review.” 1992—Pub. L. 102–354, § 3(b)(2), renumbered section 591 of this title as this section. Subsec. (b)(2). Pub. L. 102–354, § 3(b)(4), substituted “section 580” for “section 590”.
|
||||
@@ -0,0 +1,33 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 582"
|
||||
description: "Repealed. Pub. L. 104–320, § 4(b)(1), Oct. 19, 1996, 110 Stat. 3871]"
|
||||
jurisdiction: "us"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "582"
|
||||
citation: "5 U.S.C. § 582"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 582 - Repealed. Pub. L. 104–320, § 4(b)(1), Oct. 19, 1996, 110 Stat. 3871]
|
||||
|
||||
## Notes
|
||||
|
||||
Section, added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2744, § 592; renumbered § 582, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944, related to compilation of data on use of alternative means of dispute resolution in conducting agency proceedings.
|
||||
@@ -0,0 +1,43 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 583"
|
||||
description: "Support services"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "583"
|
||||
citation: "5 U.S.C. § 583"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s583"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
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source_hash: "a98e53f9d188d845b8fccfaf8267d574dadd9164005b5f7d162020c738d58615"
|
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text_hash: "30143e980e53a9157250eda300c945a056a35f5143947de94ebbe1b684eab368"
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 583 - Support services
|
||||
|
||||
## Text
|
||||
|
||||
For the purposes of this subchapter, an agency may use (with or without reimbursement) the services and facilities of other Federal agencies, State, local, and tribal governments, public and private organizations and agencies, and individuals, with the consent of such agencies, organizations, and individuals. An agency may accept voluntary and uncompensated services for purposes of this subchapter without regard to the provisions of section 1342 of title 31.
|
||||
|
||||
(Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2745, § 593; renumbered § 583, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 104–320, § 5, Oct. 19, 1996, 110 Stat. 3871.)
|
||||
|
||||
## Notes
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsPrior sections 583 to 590 were renumbered sections 573 to 580 of this title, respectively. Other prior sections 583 to 590 were renumbered sections 563 to 570 of this title, respectively.
|
||||
|
||||
Amendments1996—Pub. L. 104–320 inserted “State, local, and tribal governments,” after “other Federal agencies,”. 1992—Pub. L. 102–354 renumbered section 593 of this title as this section.
|
||||
@@ -0,0 +1,35 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 584"
|
||||
description: "Authorization of appropriations"
|
||||
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|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "584"
|
||||
citation: "5 U.S.C. § 584"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s584"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "b11444ef11d3aa4acc729fdd53b56e58ffd658e5d38eefa9b206dade184a9dee"
|
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 584 - Authorization of appropriations
|
||||
|
||||
## Text
|
||||
|
||||
There are authorized to be appropriated such sums as may be necessary to carry out the purposes of this subchapter.
|
||||
|
||||
(Added Pub. L. 104–320, § 10(a), Oct. 19, 1996, 110 Stat. 3873.)
|
||||
@@ -0,0 +1,55 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 591"
|
||||
description: "Purposes"
|
||||
jurisdiction: "us"
|
||||
corpus: "united_states_code"
|
||||
kind: "code_section"
|
||||
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|
||||
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|
||||
chapter_number: "5"
|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "591"
|
||||
citation: "5 U.S.C. § 591"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s591"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
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|
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 591 - Purposes
|
||||
|
||||
## Text
|
||||
|
||||
The purposes of this subchapter are—
|
||||
|
||||
(1) to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest;
|
||||
|
||||
(2) to promote more effective public participation and efficiency in the rulemaking process;
|
||||
|
||||
(3) to reduce unnecessary litigation in the regulatory process;
|
||||
|
||||
(4) to improve the use of science in the regulatory process; and
|
||||
|
||||
(5) to improve the effectiveness of laws applicable to the regulatory process.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388, § 571; renumbered § 591, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944; Pub. L. 108–401, § 2(a), Oct. 30, 2004, 118 Stat. 2255.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1045(e).Aug. 30, 1964, Pub. L. 88–499, § 2(e), 78 Stat. 615. The words “this subchapter” are substituted for “this Act” to reflect the codification of the Administrative Conference Act in this subchapter. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 591 was renumbered section 581 of this title.
|
||||
|
||||
Amendments2004—Pub. L. 108–401 amended section catchline and text generally. Prior to amendment, text read as follows: “It is the purpose of this subchapter to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest.” 1992—Pub. L. 102–354 renumbered section 571 of this title as this section.
|
||||
@@ -0,0 +1,51 @@
|
||||
---
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "592"
|
||||
citation: "5 U.S.C. § 592"
|
||||
status: "current"
|
||||
release_point: "119-100"
|
||||
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|
||||
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|
||||
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||||
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|
||||
confidence: "official"
|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 592 - Definitions
|
||||
|
||||
## Text
|
||||
|
||||
For the purpose of this subchapter—
|
||||
|
||||
(1) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter, except that it does not include a military or foreign affairs function of the United States;
|
||||
|
||||
(2) “administrative agency” means an authority as defined by section 551(1) of this title; and
|
||||
|
||||
(3) “administrative procedure” means procedure used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388, § 572; renumbered § 592, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1045a.Aug. 30, 1964, Pub. L. 88–499, § 3, 78 Stat. 615. In paragraph (1), the words “subchapter II of this chapter” are substituted for “the Administrative Procedure Act (5 U.S.C. 1001–1011)” to reflect the codification of the Act in this title. The word “naval” is omitted as included in “military”. In paragraph (2), the words “section 551(1) of this title” are substituted for “section 2(a) of the Administrative Procedure Act (5 U.S.C. 1001(a))”. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 592 was renumbered section 582 of this title and was subsequently repealed.
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 572 of this title as this section.
|
||||
@@ -0,0 +1,67 @@
|
||||
---
|
||||
type: "LegalText"
|
||||
title: "5 U.S.C. § 593"
|
||||
description: "Administrative Conference of the United States"
|
||||
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|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
citation: "5 U.S.C. § 593"
|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
source_identifier: "/us/usc/t5/s593"
|
||||
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|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 593 - Administrative Conference of the United States
|
||||
|
||||
## Text
|
||||
|
||||
(a) The Administrative Conference of the United States consists of not more than 101 nor less than 75 members appointed as set forth in subsection (b) of this section.
|
||||
|
||||
(b) The Conference is composed of—
|
||||
|
||||
(1) a full-time Chairman appointed for a 5-year term by the President, by and with the advice and consent of the Senate. The Chairman is entitled to pay at the highest rate established by statute for the chairman of an independent regulatory board or commission, and may continue to serve until his successor is appointed and has qualified;
|
||||
|
||||
(2) the chairman of each independent regulatory board or commission or an individual designated by the board or commission;
|
||||
|
||||
(3) the head of each Executive department or other administrative agency which is designated by the President, or an individual designated by the head of the department or agency;
|
||||
|
||||
(4) when authorized by the Council referred to in section 595(b) of this title, one or more appointees from a board, commission, department, or agency referred to in this subsection, designated by the head thereof with, in the case of a board or commission, the approval of the board or commission;
|
||||
|
||||
(5) individuals appointed by the President to membership on the Council who are not otherwise members of the Conference; and
|
||||
|
||||
(6) not more than 40 other members appointed by the Chairman, with the approval of the Council, for terms of 2 years, except that the number of members appointed by the Chairman may at no time be less than one-third nor more than two-fifths of the total number of members. The Chairman shall select the members in a manner which will provide broad representation of the views of private citizens and utilize diverse experience. The members shall be members of the practicing bar, scholars in the field of administrative law or government, or others specially informed by knowledge and experience with respect to Federal administrative procedure.
|
||||
|
||||
(c) Members of the Conference, except the Chairman, are not entitled to pay for service. Members appointed from outside the Federal Government are entitled to travel expenses, including per diem instead of subsistence, as authorized by section 5703 of this title for individuals serving without pay.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 389, § 573; Pub. L. 99–470, § 1, Oct. 14, 1986, 100 Stat. 1198; renumbered § 593 and amended Pub. L. 102–354, § 2(2), (3), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1045b.Aug. 30, 1964, Pub. L. 88–499, § 4, 78 Stat. 616. In subsection (a), the words “There is hereby established” are omitted as executed. The words “hereinafter referred to as the ‘Conference’ ” are omitted as unnecessary as the title “Administrative Conference of the United States” is fully set out the first time it is used in each section of this chapter. In subsection (b)(4), the words “referred to in section 575(b) of this title” are inserted for clarity. In subsection (c), the words “by section 5703 of this title” are substituted for “by law (5 U.S.C. 73b–2)” to reflect the codification of that section in title 5. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Prior ProvisionsA prior section 593 was renumbered section 583 of this title.
|
||||
|
||||
Amendments1992—Pub. L. 102–354, § 2(2), renumbered section 573 of this title as this section. Subsec. (b)(4). Pub. L. 102–354, § 2(3), substituted “section 595(b)” for “section 575(b)”. 1986—Subsec. (a). Pub. L. 99–470, § 1(a)(1), substituted “101” for “91”. Subsec. (b)(6). Pub. L. 99–470, § 1(a)(2), substituted “40” for “36”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination of Administrative Conference of United States For termination of Administrative Conference of United States, see note set out preceding section 591 of this title.
|
||||
|
||||
Development of Administrative ConferenceThe Administrative Conference of the United States, established as a permanent body by the Administrative Conference Act, Pub. L. 88–499, Aug. 30, 1964, 78 Stat. 615, was preceded by two temporary Conferences. The first was called by President Eisenhower in 1953 and adopted a final report which was transmitted to the President who acknowledged receipt of it on March 3, 1955. The second was established by President Kennedy by Executive Order No. 10934, Apr. 14, 1961, 26 F.R. 3233, which, by its terms, called for a final report to the President by December 31, 1962. The final report recommended a continuing Conference consisting of both government personnel and outside experts.
|
||||
@@ -0,0 +1,65 @@
|
||||
---
|
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|
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|
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
---
|
||||
|
||||
# 5 U.S.C. § 594 - Powers and duties of the Conference
|
||||
|
||||
## Text
|
||||
|
||||
To carry out the purposes of this subchapter, the Administrative Conference of the United States may—
|
||||
|
||||
(1) study the efficiency, adequacy, and fairness of the administrative procedure used by administrative agencies in carrying out administrative programs, and make recommendations to administrative agencies, collectively or individually, and to the President, Congress, or the Judicial Conference of the United States, in connection therewith, as it considers appropriate;
|
||||
|
||||
(2) arrange for interchange among administrative agencies of information potentially useful in improving administrative procedure;
|
||||
|
||||
(3) collect information and statistics from administrative agencies and publish such reports as it considers useful for evaluating and improving administrative procedure;
|
||||
|
||||
(4) enter into arrangements with any administrative agency or major organizational unit within an administrative agency pursuant to which the Conference performs any of the functions described in this section; and
|
||||
|
||||
(5) provide assistance in response to requests relating to the improvement of administrative procedure in foreign countries, subject to the concurrence of the Secretary of State, the Administrator of the Agency for International Development, or the Director of the United States Information Agency, as appropriate, except that—
|
||||
|
||||
(A) such assistance shall be limited to the analysis of issues relating to administrative procedure, the provision of training of foreign officials in administrative procedure, and the design or improvement of administrative procedure, where the expertise of members of the Conference is indicated; and
|
||||
|
||||
(B) such assistance may only be undertaken on a fully reimbursable basis, including all direct and indirect administrative costs.
|
||||
|
||||
Payment for services provided by the Conference pursuant to paragraph (4) shall be credited to the operating account for the Conference and shall remain available until expended.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 390, § 574; Pub. L. 101–422, § 2, Oct. 12, 1990, 104 Stat. 910; renumbered § 594, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944; Pub. L. 102–403, Oct. 9, 1992, 106 Stat. 1968; Pub. L. 108–401, § 2(b)(1), Oct. 30, 2004, 118 Stat. 2255.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1045c.Aug. 30, 1964, Pub. L. 88–499, § 5, 78 Stat. 616. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2004—Pub. L. 108–401 substituted “purposes” for “purpose” in introductory provisions. 1992—Pub. L. 102–354 renumbered section 574 of this title as this section. Par. (4). Pub. L. 102–403 amended par. (4) generally. Prior to amendment, par. (4) read as follows: “enter into arrangements with any administrative agency or major organizational unit within an administrative agency pursuant to which the Conference performs any of the functions described in paragraphs (1), (2), and (3).” Par. (5). Pub. L. 102–403 which directed addition of par. (5) at end of section, was executed by adding par. (5) after par. (4) and before concluding provisions, to reflect the probable intent of Congress. 1990—Pub. L. 101–422 added par. (4) and concluding provisions.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination of Administrative Conference of United States For termination of Administrative Conference of United States, see note set out preceding section 591 of this title.
|
||||
|
||||
Transfer of Functions United States Information Agency (other than Broadcasting Board of Governors and International Broadcasting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse.
|
||||
@@ -0,0 +1,107 @@
|
||||
---
|
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|
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|
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|
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|
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|
||||
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|
||||
chapter_name: "ADMINISTRATIVE PROCEDURE"
|
||||
section: "595"
|
||||
citation: "5 U.S.C. § 595"
|
||||
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|
||||
release_point: "119-100"
|
||||
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|
||||
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|
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confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 595 - Organization of the Conference
|
||||
|
||||
## Text
|
||||
|
||||
(a) The membership of the Administrative Conference of the United States meeting in plenary session constitutes the Assembly of the Conference. The Assembly has ultimate authority over all activities of the Conference. Specifically, it has the power to—
|
||||
|
||||
(1) adopt such recommendations as it considers appropriate for improving administrative procedure. A member who disagrees with a recommendation adopted by the Assembly is entitled to enter a dissenting opinion and an alternate proposal in the record of the Conference proceedings, and the opinion and proposal so entered shall accompany the Conference recommendation in a publication or distribution thereof; and
|
||||
|
||||
(2) adopt bylaws and regulations not inconsistent with this subchapter for carrying out the functions of the Conference, including the creation of such committees as it considers necessary for the conduct of studies and the development of recommendations for consideration by the Assembly.
|
||||
|
||||
(b) The Conference includes a Council composed of the Chairman of the Conference, who is Chairman of the Council, and 10 other members appointed by the President, of whom not more than one-half shall be employees of Federal regulatory agencies or Executive departments. The President may designate a member of the Council as Vice Chairman. During the absence or incapacity of the Chairman, or when that office is vacant, the Vice Chairman shall serve as Chairman. The term of each member, except the Chairman, is 3 years. When the term of a member ends, he may continue to serve until a successor is appointed. However, the service of any member ends when a change in his employment status would make him ineligible for Council membership under the conditions of his original appointment. The Council has the power to—
|
||||
|
||||
(1) determine the time and place of plenary sessions of the Conference and the agenda for the sessions. The Council shall call at least one plenary session each year;
|
||||
|
||||
(2) propose bylaws and regulations, including rules of procedure and committee organization, for adoption by the Assembly;
|
||||
|
||||
(3) make recommendations to the Conference or its committees on a subject germane to the purpose of the Conference;
|
||||
|
||||
(4) receive and consider reports and recommendations of committees of the Conference and send them to members of the Conference with the views and recommendations of the Council;
|
||||
|
||||
(5) designate a member of the Council to preside at meetings of the Council in the absence or incapacity of the Chairman and Vice Chairman;
|
||||
|
||||
(6) designate such additional officers of the Conference as it considers desirable;
|
||||
|
||||
(7) approve or revise the budgetary proposals of the Chairman; and
|
||||
|
||||
(8) exercise such other powers as may be delegated to it by the Assembly.
|
||||
|
||||
(c) The Chairman is the chief executive of the Conference. In that capacity he has the power to—
|
||||
|
||||
(1) make inquiries into matters he considers important for Conference consideration, including matters proposed by individuals inside or outside the Federal Government;
|
||||
|
||||
(2) be the official spokesman for the Conference in relations with the several branches and agencies of the Federal Government and with interested organizations and individuals outside the Government, including responsibility for encouraging Federal agencies to carry out the recommendations of the Conference;
|
||||
|
||||
(3) request agency heads to provide information needed by the Conference, which information shall be supplied to the extent permitted by law;
|
||||
|
||||
(4) recommend to the Council appropriate subjects for action by the Conference;
|
||||
|
||||
(5) appoint, with the approval of the Council, members of committees authorized by the bylaws and regulations of the Conference;
|
||||
|
||||
(6) prepare, for approval of the Council, estimates of the budgetary requirements of the Conference;
|
||||
|
||||
(7) appoint and fix the pay of employees, define their duties and responsibilities, and direct and supervise their activities;
|
||||
|
||||
(8) rent office space in the District of Columbia;
|
||||
|
||||
(9) provide necessary services for the Assembly, the Council, and the committees of the Conference;
|
||||
|
||||
(10) organize and direct studies ordered by the Assembly or the Council, to contract for the performance of such studies with any public or private persons, firm, association, corporation, or institution under title III of the Federal Property and Administrative Services Act of 1949, as amended (41 U.S.C. 251–260), and to use from time to time, as appropriate, experts and consultants who may be employed in accordance with section 3109 of this title at rates not in excess of the maximum rate of pay for grade GS–15 as provided in section 5332 of this title;
|
||||
|
||||
(11) utilize, with their consent, the services and facilities of Federal agencies and of State and private agencies and instrumentalities with or without reimbursement;
|
||||
|
||||
(12) accept, hold, administer, and utilize gifts, devises, and bequests of property, both real and personal, for the purpose of aiding and facilitating the work of the Conference. Gifts and bequests of money and proceeds from sales of other property received as gifts, devises, or bequests shall be deposited in the Treasury and shall be disbursed upon the order of the Chairman. Property accepted pursuant to this section, and the proceeds thereof, shall be used as nearly as possible in accordance with the terms of the gifts, devises, or bequests. For purposes of Federal income, estate, or gift taxes, property accepted under this section shall be considered as a gift, devise, or bequest to the United States;
|
||||
|
||||
(13) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
|
||||
|
||||
(14) on request of the head of an agency, furnish assistance and advice on matters of administrative procedure;
|
||||
|
||||
(15) exercise such additional authority as the Council or Assembly delegates to him; and
|
||||
|
||||
(16) request any administrative agency to notify the Chairman of its intent to enter into any contract with any person outside the agency to study the efficiency, adequacy, or fairness of an agency proceeding (as defined in section 551(12) of this title).
|
||||
|
||||
The Chairman shall preside at meetings of the Council and at each plenary session of the Conference, to which he shall make a full report concerning the affairs of the Conference since the last preceding plenary session. The Chairman, on behalf of the Conference, shall transmit to the President and Congress an annual report and such interim reports as he considers desirable.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 390, § 575; Pub. L. 92–526, § 1, Oct. 21, 1972, 86 Stat. 1048; Pub. L. 97–258, § 3(a)(1), Sept. 13, 1982, 96 Stat. 1062; Pub. L. 101–422, § 3, Oct. 12, 1990, 104 Stat. 910; renumbered § 595, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1045d.Aug. 30, 1964, Pub. L. 88–499, § 6, 78 Stat. 617. In subsection (b), the words “except that the Council members initially appointed shall serve for one, two, or three years, as designated by the President” are omitted as executed, existing rights being preserved by technical section 8. In subsection (b)(1), the words “the sessions” are substituted for “such meetings” for clarity as elsewhere the word “sessions” refers to sessions of the Conference and “meetings” refers to meetings of the Council. In subsection (c)(7), the words “subject to the civil service and classification laws” are omitted as unnecessary inasmuch as appointments in the executive branch are made subject to the civil service laws and pay is fixed under classification laws unless specifically excepted. The words “and fix the pay of” are added for clarity. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
References in TextThe Federal Property and Administrative Services Act of 1949, referred to in subsec. (c)(10), is act June 30, 1949, ch. 288, 63 Stat. 377. Title III of the Act was classified generally to subchapter IV (§ 251 et seq.) of chapter 4 of former Title 41, Public Contracts, and was substantially repealed and restated in division C (§ 3101 et seq.) of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see Short Title of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.
|
||||
|
||||
Amendments1992—Pub. L. 102–354 renumbered section 575 of this title as this section. 1990—Subsec. (c)(16). Pub. L. 101–422 added par. (16). 1982—Subsec. (c)(13). Pub. L. 97–258 substituted “section 1342 of title 31” for “section 3679(b) of the Revised Statutes (31 U.S.C. 665(b))”. 1972—Subsec. (c)(10). Pub. L. 92–526, § 1(a), inserted provisions authorizing contracts for the performance of such studies with any public or private persons, etc., under title III of the Federal Property and Administrative Services Act of 1949, as amended, and substituted provisions authorizing the payment of experts and consultants in accordance with rates not in excess of the maximum rate of pay for grade GS–15 as provided in section 5332 of this title, for provisions authorizing the payment of such individuals at rates not in excess of $100 a day. Subsec. (c)(11) to (15). Pub. L. 92–526, § 1(b), added pars. (11) to (13) and redesignated former pars. (11) and (12) as (14) and (15), respectively.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Termination of Administrative Conference of United States For termination of Administrative Conference of United States, see note set out preceding section 591 of this title.
|
||||
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|
||||
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|
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
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|
||||
release_date: "2026-06-26"
|
||||
source: "official"
|
||||
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc05@119-100.zip"
|
||||
source_identifier: "/us/usc/t5/s596"
|
||||
source_file: "data/legal/raw/us/code/title-05/usc05.xml"
|
||||
source_hash: "fb1c0ea1e8033dc98fa45736010e6a9e841db1a59b41049f528d5514cc680e00"
|
||||
raw_snapshot_hash: "719fdb18e7085aede50e1e97c1c129fa6058e2c5c12b3d77a9b9044b1769e540"
|
||||
text_hash: "6aa160a63edf3e0d2a7b9a7d7cd4d3b43e1f7b7166a600ed35cf7f7b4f50b1bf"
|
||||
retrieved_at: "2026-07-04"
|
||||
confidence: "official"
|
||||
tags: ["legal", "us-code"]
|
||||
---
|
||||
|
||||
# 5 U.S.C. § 596 - Authorization of appropriations
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||||
|
||||
## Text
|
||||
|
||||
There are authorized to be appropriated to carry out this subchapter not more than $3,200,000 for fiscal year 2009, $3,200,000 for fiscal year 2010, and $3,200,000 for fiscal year 2011. Of any amounts appropriated under this section, not more than $2,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries.
|
||||
|
||||
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 391, § 576; Pub. L. 91–164, Dec. 24, 1969, 83 Stat. 446; Pub. L. 92–526, § 2, Oct. 21, 1972, 86 Stat. 1048; Pub. L. 95–293, § 1(a), June 13, 1978, 92 Stat. 317; Pub. L. 97–330, Oct. 15, 1982, 96 Stat. 1618; Pub. L. 99–470, § 2(a), Oct. 14, 1986, 100 Stat. 1198; Pub. L. 101–422, § 1, Oct. 12, 1990, 104 Stat. 910; renumbered § 596, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944; Pub. L. 108–401, § 3, Oct. 30, 2004, 118 Stat. 2255; Pub. L. 110–290, § 2, July 30, 2008, 122 Stat. 2914.)
|
||||
|
||||
## Notes
|
||||
|
||||
Historical and Revision Notes DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1045e.Aug. 30, 1964, Pub. L. 88–499, § 7, 78 Stat. 618. The word “hereby” is omitted as unnecessary. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
|
||||
|
||||
Editorial Notes
|
||||
|
||||
Amendments2008—Pub. L. 110–290 amended section generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out this subchapter not more than $3,000,000 for fiscal year 2005, $3,100,000 for fiscal year 2006, and $3,200,000 for fiscal year 2007. Of any amounts appropriated under this section, not more than $2,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries.” 2004—Pub. L. 108–401 reenacted section catchline without change and amended text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out the purposes of this subchapter not more than $2,000,000 for fiscal year 1990, $2,100,000 for fiscal year 1991, $2,200,000 for fiscal year 1992, $2,300,000 for fiscal year 1993, and $2,400,000 for fiscal year 1994. Of any amounts appropriated under this section, not more than $1,500 may be made available in each fiscal year for official representation and entertainment expenses for foreign dignitaries.” 1992—Pub. L. 102–354 renumbered section 576 of this title as this section. 1990—Pub. L. 101–422 amended section generally. Prior to amendment, section read as follows: “There are authorized to be appropriated to carry out the purposes of this subchapter not more than $1,600,000 for fiscal year 1986 and not more than $2,000,000 for each fiscal year thereafter up to and including fiscal year 1990. Of any amounts appropriated under this section, not more than $1,000 may be made available in each fiscal year for official reception and entertainment expenses for foreign dignitaries.” 1986—Pub. L. 99–470 substituted “Authorization of appropriations” for “Appropriations” in section catchline and amended text generally. Prior to amendment, text read as follows: “There are authorized to be appropriated to carry out the purposes of this subchapter sums not to exceed $2,300,000 for the fiscal year ending September 30, 1982, and not to exceed $2,300,000 for each fiscal year thereafter up to and including the fiscal year ending September 30, 1986.” 1982—Pub. L. 97–330 substituted provisions authorizing appropriations of not to exceed $2,300,000 for fiscal year ending Sept. 30, 1982, and not to exceed $2,300,000 for each fiscal year thereafter up to and including fiscal year ending Sept. 30, 1986, for provisions that had authorized appropriations of not to exceed $1,700,000 for fiscal year ending Sept. 30, 1979, $2,000,000 for fiscal year ending Sept. 30, 1980, $2,300,000 for fiscal year ending Sept. 30, 1981, and $2,300,000 for fiscal year ending Sept. 30, 1982. 1978—Pub. L. 95–293 substituted provisions authorizing appropriations for fiscal years ending Sept. 30, 1979, Sept. 30, 1980, Sept. 30, 1981, and Sept. 30, 1982, of $1,700,000, $2,000,000, $2,300,000, and $2,300,000, respectively, for provisions authorizing appropriations for fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, June 30, 1977, and June 30, 1978, of $760,000, $805,000, $850,000, $900,000, and $950,000, respectively, and provisions authorizing for each fiscal year thereafter such sums as may be necessary. 1972—Pub. L. 92–526 substituted provisions authorizing to be appropriated necessary sums not in excess of $760,000 for fiscal year ending June 30, 1974, $805,000 for fiscal year ending June 30, 1975, $850,000 for fiscal year ending June 30, 1976, $900,000 for fiscal year ending June 30, 1977, and $950,000 for fiscal year ending June 30, 1978, and each fiscal year thereafter, for provisions authorizing to be appropriated necessary sums, not in excess of $450,000 per annum. 1969—Pub. L. 91–164 substituted “$450,000 per annum” for “$250,000”.
|
||||
|
||||
Statutory Notes and Related Subsidiaries
|
||||
|
||||
Effective Date of 1978 AmendmentPub. L. 95–293, § 1(b), June 13, 1978, 92 Stat. 317, provided that: “The amendment made by subsection (a) [amending this section] shall take effect October 1, 1977.”
|
||||
Reference in New Issue
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