3 U.S.C. § 455 — Effect of failure to issue regulations
submitted 30 years ago by Pub. L. 104-331 to r/title-3-THE-PRESIDENT · 62 words · no verdicts yet
If the President hasn't issued a required regulation on some matter, agencies must still act. In a proceeding under section 453(1), the agency applies the most relevant existing executive agency rule instead. This fills the gap only as much as necessary.
This applies to a proceeding under section 453(1). If the President — or the President's designee — has not issued a regulation that this chapter requires on some matter, the agency handling the proceeding must instead apply the most relevant substantive executive agency regulation already issued to carry out that same statutory provision. The agency does this only to the extent necessary and appropriate.
In any proceeding under section 453(1), if the President, or the designee of the President, has not issued a regulation on a matter for which this chapter requires a regulation to be issued, the administrative agency shall apply, to the extent necessary and appropriate, the most relevant substantive executive agency regulation promulgated to implement the statutory provision at issue in the proceeding.
Source credit: (Added Pub. L. 104–331, § 2(a), Oct. 26, 1996, 110 Stat. 4068.)
- 1996Enacted · Pub. L. 104-331 · 110 Stat. 4068
A history note hasn’t been published yet. The record shows enactment by Pub. L. 104-331 on 1996-10-26.
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