§ 553 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES Page 72

(4) A brief explanation of any changes in law TERMINATION OF REPORTING REQUIREMENTS

that have affected the responsibilities of the For termination, effective May 15, 2000, of provisions
agency under this section. of law requiring submittal to Congress of any annual,
semiannual, or other regular periodic report listed in
(k) Nothing herein expands or limits the
House Document No. 103–7 (in which the report required
present rights of any person under section 552 of by subsec. (j) of this section is listed on page 151), see
this title, except that the exemptions set forth section 3003 of Pub. L. 104–66, as amended, set out as a
in subsection (c) of this section shall govern in note under section 1113 of Title 31, Money and Finance.
the case of any request made pursuant to sec-
TERMINATION OF ADMINISTRATIVE CONFERENCE OF
tion 552 to copy or inspect the transcripts, re- UNITED STATES
cordings, or minutes described in subsection (f)
of this section. The requirements of chapter 33 For termination of Administrative Conference of
United States, see provision of title IV of Pub. L.
of title 44, United States Code, shall not apply to 104–52, set out as a note preceding section 591 of this
the transcripts, recordings, and minutes de- title.
scribed in subsection (f) of this section.
(l) This section does not constitute authority DECLARATION OF POLICY AND STATEMENT OF PURPOSE
to withhold any information from Congress, and Pub. L. 94–409, § 2, Sept. 13, 1976, 90 Stat. 1241, provided
does not authorize the closing of any agency that: ‘‘It is hereby declared to be the policy of the
meeting or portion thereof required by any United States that the public is entitled to the fullest
other provision of law to be open. practicable information regarding the decisionmaking
(m) Nothing in this section authorizes any processes of the Federal Government. It is the purpose
of this Act [see Short Title note set out above] to pro-
agency to withhold from any individual any vide the public with such information while protecting
record, including transcripts, recordings, or the rights of individuals and the ability of the Govern-
minutes required by this section, which is other- ment to carry out its responsibilities.’’
wise accessible to such individual under section
552a of this title. § 553. Rule making
(Added Pub. L. 94–409, § 3(a), Sept. 13, 1976, 90 (a) This section applies, according to the pro-
Stat. 1241; amended Pub. L. 104–66, title III, visions thereof, except to the extent that there
§ 3002, Dec. 21, 1995, 109 Stat. 734.) is involved—
(1) a military or foreign affairs function of
Editorial Notes the United States; or
REFERENCES IN TEXT
(2) a matter relating to agency management
or personnel or to public property, loans,
Section 552(e) of this title, referred to in subsec. grants, benefits, or contracts.
(a)(1), was redesignated section 552(f) of this title by
section 1802(b) of Pub. L. 99–570. (b) General notice of proposed rule making
180 days after the date of enactment of this section, shall be published in the Federal Register, un-
referred to in subsec. (g), means 180 days after the date less persons subject thereto are named and ei-
of enactment of Pub. L. 94–409, which was approved ther personally served or otherwise have actual
Sept. 13, 1976.
notice thereof in accordance with law. The no-
AMENDMENTS tice shall include—
1995—Subsec. (j). Pub. L. 104–66 amended subsec. (j) (1) a statement of the time, place, and na-
generally. Prior to amendment, subsec. (j) read as fol- ture of public rule making proceedings;
lows: ‘‘Each agency subject to the requirements of this (2) reference to the legal authority under
section shall annually report to Congress regarding its which the rule is proposed; and
compliance with such requirements, including a tabula- (3) either the terms or substance of the pro-
tion of the total number of agency meetings open to posed rule or a description of the subjects and
the public, the total number of meetings closed to the issues involved.
public, the reasons for closing such meetings, and a de-
scription of any litigation brought against the agency Except when notice or hearing is required by
under this section, including any costs assessed against statute, this subsection does not apply—
the agency in such litigation (whether or not paid by (A) to interpretative rules, general state-
the agency).’’ ments of policy, or rules of agency organiza-
tion, procedure, or practice; or
Statutory Notes and Related Subsidiaries (B) when the agency for good cause finds
EFFECTIVE DATE (and incorporates the finding and a brief state-
Pub. L. 94–409, § 6, Sept. 13, 1976, 90 Stat. 1248, provided ment of reasons therefor in the rules issued)
that: that notice and public procedure thereon are
‘‘(a) Except as provided in subsection (b) of this sec- impracticable, unnecessary, or contrary to the
tion, the provisions of this Act [see Short Title note set public interest.
out below] shall take effect 180 days after the date of
its enactment [Sept. 13, 1976]. (c) After notice required by this section, the
‘‘(b) Subsection (g) of section 552b of title 5, United agency shall give interested persons an oppor-
States Code, as added by section 3(a) of this Act, shall tunity to participate in the rule making through
take effect upon enactment [Sept. 13, 1976].’’ submission of written data, views, or arguments
SHORT TITLE OF 1976 AMENDMENT with or without opportunity for oral presen-
tation. After consideration of the relevant mat-
Pub. L. 94–409, § 1, Sept. 13, 1976, 90 Stat. 1241, pro- ter presented, the agency shall incorporate in
vided: ‘‘That this Act [enacting this section, amending
sections 551, 552, 556, and 557 of this title, section 10 of
the rules adopted a concise general statement of
Pub. L. 92–463, set out in the Appendix to this title, and their basis and purpose. When rules are required
section 410 of Title 39, and enacting provisions set out by statute to be made on the record after oppor-
as notes under this section] may be cited as the ‘Gov- tunity for an agency hearing, sections 556 and
ernment in the Sunshine Act’.’’ 557 of this title apply instead of this subsection.
Page 73 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 554

(d) The required publication or service of a (b) Persons entitled to notice of an agency
substantive rule shall be made not less than 30 hearing shall be timely informed of—
days before its effective date, except— (1) the time, place, and nature of the hear-
(1) a substantive rule which grants or recog- ing;
nizes an exemption or relieves a restriction; (2) the legal authority and jurisdiction under
(2) interpretative rules and statements of which the hearing is to be held; and
policy; or (3) the matters of fact and law asserted.
(3) as otherwise provided by the agency for
When private persons are the moving parties,
good cause found and published with the rule.
other parties to the proceeding shall give
(e) Each agency shall give an interested person prompt notice of issues controverted in fact or
the right to petition for the issuance, amend- law; and in other instances agencies may by rule
ment, or repeal of a rule. require responsive pleading. In fixing the time
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383.) and place for hearings, due regard shall be had
for the convenience and necessity of the parties
HISTORICAL AND REVISION NOTES or their representatives.
(c) The agency shall give all interested parties
Revised Statutes and
Derivation U.S. Code
Statutes at Large opportunity for—
(1) the submission and consideration of
.................. 5 U.S.C. 1003. June 11, 1946, ch. 324, § 4, 60 facts, arguments, offers of settlement, or pro-
Stat. 238.
posals of adjustment when time, the nature of
In subsection (a)(1), the words ‘‘or naval’’ are omitted the proceeding, and the public interest permit;
as included in ‘‘military’’. and
In subsection (b), the word ‘‘when’’ is substituted for (2) to the extent that the parties are unable
‘‘in any situation in which’’. so to determine a controversy by consent,
In subsection (c), the words ‘‘for oral presentation’’ hearing and decision on notice and in accord-
are substituted for ‘‘to present the same orally in any ance with sections 556 and 557 of this title.
manner’’. The words ‘‘sections 556 and 557 of this title
apply instead of this subsection’’ are substituted for (d) The employee who presides at the recep-
‘‘the requirements of sections 1006 and 1007 of this title tion of evidence pursuant to section 556 of this
shall apply in place of the provisions of this sub- title shall make the recommended decision or
section’’. initial decision required by section 557 of this
Standard changes are made to conform with the defi-
title, unless he becomes unavailable to the agen-
nitions applicable and the style of this title as outlined
in the preface to the report. cy. Except to the extent required for the disposi-
tion of ex parte matters as authorized by law,
Editorial Notes such an employee may not—
(1) consult a person or party on a fact in
CODIFICATION
issue, unless on notice and opportunity for all
Section 553 of former Title 5, Executive Departments parties to participate; or
and Government Officers and Employees, was trans- (2) be responsible to or subject to the super-
ferred to section 2245 of Title 7, Agriculture. vision or direction of an employee or agent en-
gaged in the performance of investigative or
Executive Documents
prosecuting functions for an agency.
EXECUTIVE ORDER NO. 12044
An employee or agent engaged in the perform-
Ex. Ord. No. 12044, Mar. 23, 1978, 43 F.R. 12661, as ance of investigative or prosecuting functions
amended by Ex. Ord. No. 12221, June 27, 1980, 45 F.R. for an agency in a case may not, in that or a fac-
44249, which related to the improvement of Federal reg-
ulations, was revoked by Ex. Ord. No. 12291, Feb. 17,
tually related case, participate or advise in the
1981, 46 F.R. 13193, formerly set out as a note under sec- decision, recommended decision, or agency re-
tion 601 of this title. view pursuant to section 557 of this title, except
as witness or counsel in public proceedings. This
§ 554. Adjudications subsection does not apply—
(a) This section applies, according to the pro- (A) in determining applications for initial li-
visions thereof, in every case of adjudication re- censes;
quired by statute to be determined on the record (B) to proceedings involving the validity or
after opportunity for an agency hearing, except application of rates, facilities, or practices of
to the extent that there is involved— public utilities or carriers; or
(1) a matter subject to a subsequent trial of (C) to the agency or a member or members
the law and the facts de novo in a court; of the body comprising the agency.
(2) the selection or tenure of an employee, (e) The agency, with like effect as in the case
except a 1 administrative law judge appointed of other orders, and in its sound discretion, may
under section 3105 of this title; issue a declaratory order to terminate a con-
(3) proceedings in which decisions rest solely troversy or remove uncertainty.
on inspections, tests, or elections;
(4) the conduct of military or foreign affairs (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 384; Pub. L.
functions; 95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat. 183.)
(5) cases in which an agency is acting as an HISTORICAL AND REVISION NOTES
agent for a court; or
(6) the certification of worker representa- Derivation U.S. Code Revised Statutes and
Statutes at Large
tives.
.................. 5 U.S.C. 1004. June 11, 1946, ch. 324, § 5, 60
Stat. 239.
1 So in original.