5 U.S.C. § 592 — Definitions
submitted 60 years ago by Pub. L. 89-554 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 164 words · no verdicts yet
This section defines "administrative program," "administrative agency," and "administrative procedure" for this subchapter. It excludes military or foreign-affairs functions and certain matters left to agency discretion.
For this subchapter:
(1) "Administrative program" includes a federal function that protects the public interest and decides private people's rights, privileges, and duties through rulemaking, adjudication, licensing, or investigation, as those terms are used in this chapter's subchapter II. It does not include a United States military or foreign-affairs function.
(2) "Administrative agency" means an authority defined in 5 U.S.C. § 551(1).
(3) "Administrative procedure" means the procedure used to carry out an administrative program. The term must be read broadly to include any part of an agency's organization, procedure, or management that could affect fair consideration of public and private interests, fairness of agency decisions, speed of agency action, or the connection between operating methods and later judicial review. It does not include the scope of an agency's responsibility established by law or substantive-policy matters that law leaves to agency discretion.
For the purpose of this subchapter—
“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;
“administrative agency” means an authority as defined by section 551(1) of this title; and
“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.
Source credit: (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.)
- 1966Enacted · Pub. L. 89-554 · 80 Stat. 388
- 1992Amended · Pub. L. 102-354 · 106 Stat. 944
A history note hasn’t been published yet. The record shows enactment by Pub. L. 89-554 on 1966-09-06.
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