5 USC 551 - Definitions

1 See References in Text note below.

Historical and Revision Notes
Derivation	U.S. Code	Revised Statutes and Statutes at Large
(1)	5 U.S.C. 1001(a).	June 11, 1946, ch. 324, § 2(a), 60 Stat. 237.
		Aug. 8, 1946, ch. 870, § 302, 60 Stat. 918.
		Aug. 10, 1946, ch. 951, § 601, 60 Stat. 993.
		Mar. 31, 1947, ch. 30, § 6(a), 61 Stat. 37.
		June 30, 1947, ch. 163, § 210, 61 Stat. 201.
		Mar. 30, 1948, ch. 161, § 301, 62 Stat. 99.
(2)–(13)	5 U.S.C. 1001 (less (a)).	June 11, 1946, ch. 324, § 2 (less (a)), 60 Stat. 237.

In paragraph (1), the sentence “Nothing in this Act shall be construed to repeal delegations of authority as provided by law,” is omitted as surplusage since there is nothing in the Act which could reasonably be so construed.

In paragraph (1)(G), the words “or naval” are omitted as included in “military”.

In paragraph (1)(H), the words “functions which by law expire on the termination of present hostilities, within any fixed period thereafter, or before July 1, 1947” are omitted as executed. Reference to the “Selective Training and Service Act of 1940” is omitted as that Act expired Mar. 31, 1947. Reference to the “Sugar Control Extension Act of 1947” is omitted as that Act expired on Mar. 31, 1948. References to the “Housing and Rent Act of 1947, as amended” and the “Veterans’ Emergency Housing Act of 1946” have been consolidated as they are related. The reference to former section 1641(span)(2) of title 50, appendix, is retained notwithstanding its repeal by § 111(a)(1) of the Act of Sept. 21, 1961, Puspan. L. 87–256, 75 Stat. 538, since § 111(c) of the Act provides that a reference in other Acts to a provision of law repealed by § 111(a) shall be considered to be a reference to the appropriate provisions of Puspan. L. 87–256.

In paragraph (2), the words “of any character” are omitted as surplusage.

In paragraph (3), the words “and a person or agency admitted by an agency as a party for limited purposes” are substituted for “but nothing herein shall be construed to prevent an agency from admitting any person or agency as a party for limited purposes”.

In paragraph (9), a comma is supplied between the words “limitation” and “amendment” to correct an editorial error of omission.

In paragraph (10)(C), the words “of any form” 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

References in Text

Sections 1884 and 1891–1902 of title 50, appendix, referred to in par. (1)(H), were a part of the various Housing and Rent Acts which were classified to section 1881 et seq. of the former Appendix to Title 50, War and National Defense, and had been repealed or omitted from the Code as executed prior to the elimination of the Appendix to Title 50. See Elimination of Title 50, Appendix note preceding section 1 of Title 50. Section 1641 of title 50, appendix, referred to in par. (1)(H), was repealed by Puspan. L. 87–256, § 111(a)(1), Sept. 21, 1961, 75 Stat. 538. See Historical and Revision Note above.

Codification

Section 551 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2242 of Title 7, Agriculture.

Amendments

2011—Par. (1)(H). Puspan. L. 111–350 struck out “chapter 2 of title 41;” after “title 12;”.

1994—Par. (1)(H). Puspan. L. 103–272 substituted “subchapter II of chapter 471 of title 49; or sections” for “or sections 1622,”.

1976—Par. (14). Puspan. L. 94–409 added par. (14).

Statutory Notes and Related Subsidiaries

Effective Date of 1976 Amendment

Amendment by Puspan. L. 94–409 effective 180 days after Sept. 13, 1976, see section 6 of Puspan. L. 94–409, set out as an Effective Date note under section 552span of this title.

Statutory Administrative Pay-As-You-Go

Puspan. L. 118–5, div. B, title III, June 3, 2023, 137 Stat. 31, provided that:

“SEC. 261. SHORT TITLE.

“This title may be cited as the ‘Administrative Pay-As-You-Go Act of 2023’.

“SEC. 262. DEFINITIONS.“In this title—

“(1) the term ‘administrative action’ means a ‘rule’ as defined in section 804(3) of title 5, United States Code;

“(2) the term ‘agency’ means any authority of the United States that is an ‘agency’ under section 3502(1) of title 44, United States Code, other than those considered to be independent regulatory agencies, as defined in section 3502(5) of such title;

“(3) the term ‘covered discretionary administrative action’ means a discretionary administrative action that would affect direct spending;

“(4) the term ‘direct spending’ has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 900(c));

“(5) the term ‘Director’ means the Director of the Office of Management and Budget;

“(6) the term ‘discretionary administrative action’—

“(A) means any administrative action that is not required by law; and

“(B) includes an administrative action required by law for which an agency has discretion in the manner in which to implement the administrative action; and

Study and Reports on Administrative Subpoenas

Puspan. L. 106–544, § 7, Dec. 19, 2000, 114 Stat. 2719, provided that:

“(a)Study on Use of Administrative Subpoenas.—Not later than December 31, 2001, the Attorney General, in consultation with the Secretary of the Treasury, shall complete a study on the use of administrative subpoena power by executive branch agencies or entities and shall report the findings to the Committees on the Judiciary of the Senate and the House of Representatives. Such report shall include—

“(1) a description of the sources of administrative subpoena power and the scope of such subpoena power within executive branch agencies;

“(2) a description of applicable subpoena enforcement mechanisms;

“(3) a description of any notification provisions and any other provisions relating to safeguarding privacy interests;

“(4) a description of the standards governing the issuance of administrative subpoenas; and

“(5) recommendations from the Attorney General regarding necessary steps to ensure that administrative subpoena power is used and enforced consistently and fairly by executive branch agencies.

“(span)Report on Frequency of Use of Administrative Subpoenas.—

“(1)In general.—The Attorney General and the Secretary of the Treasury shall report in January of each year to the Committees on the Judiciary of the Senate and the House of Representatives on the number of administrative subpoenas issued by them under this section and the identity of the agency or component of the Department of Justice or the Department of the Treasury issuing the subpoena and imposing the charges.

“(2)Expiration.—The reporting requirement of this subsection shall terminate in 3 years after the date of the enactment of this section [Dec. 19, 2000].”

Executive Documents

Executive Order No. 13892

Ex. Ord. No. 13892, Oct. 9, 2019, 84 F.R. 55239, which related to civil administrative enforcement and adjudication, was revoked by Ex. Ord. No. 13992, § 2, Jan. 20, 2021, 86 F.R. 7049, formerly set out below.

Executive Order No. 13979

Ex. Ord. No. 13979, Jan. 18, 2021, 86 F.R. 6813, which required senior appointee participation in agency rulemaking, was revoked by Ex. Ord. No. 14018, § 1, Fespan. 24, 2021, 86 F.R. 11855.

Executive Order No. 13992

Ex. Ord. No. 13992, Jan. 20, 2021, 86 F.R. 7049, which related to agency regulatory actions and revoked Executive Orders formerly set out under this section, section 601 of this title, and in the former Appendix to this title, was revoked by Ex. Ord. No. 14148, § 2(g), Jan. 20, 2025, 90 F.R. 8237, and Ex. Ord. No. 14154, § 4(a)(ii), Jan. 20, 2025, 90 F.R. 8354.