Notes on 5 U.S.C. § 551 : US Code - Notes

Search Notes on 5 U.S.C. § 551 : US Code - Notes

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 381; Pub. L. 94-409, Sec.
4(b), Sept. 13, 1976, 90 Stat. 1247; Pub. L. 103-272, Sec. 5(a),
July 5, 1994, 108 Stat. 1373.)
HISTORICAL AND REVISION NOTES                   
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Derivation           U.S. Code              Revised Statutes and    
Statutes at Large     
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(1)             5 U.S.C. 1001(a).        June 11, 1946, ch. 324,     
Sec. 2(a), 60 Stat. 237.   
Aug. 8, 1946, ch. 870, Sec. 
302, 60 Stat. 918.         
Aug. 10, 1946, ch. 951,     
Sec. 601, 60 Stat. 993.    
Mar. 31, 1947, ch. 30, Sec. 
6(a), 61 Stat. 37.         
June 30, 1947, ch. 163,     
Sec. 210, 61 Stat. 201.    
Mar. 30, 1948, ch. 161,     
Sec. 301, 62 Stat. 99.     
(2)-(13)        5 U.S.C. 1001 (less      June 11, 1946, ch. 324,     
(a)).                    Sec. 2 (less (a)), 60 Stat.
237.                       
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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(b)(2) of title 50, appendix, is retained
notwithstanding its repeal by Sec. 111(a)(1) of the Act of Sept.
21, 1961, Pub. L. 87-256, 75 Stat. 538, since Sec. 111(c) of the
Act provides that a reference in other Acts to a provision of law
repealed by Sec. 111(a) shall be considered to be a reference to
the appropriate provisions of Pub. 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.
CODIFICATION                           
Section 551 of former Title 5, Executive Departments and
Government Officers and Employees, was transferred to section 2242
of Title 7, Agriculture.
AMENDMENTS                            
1994 - Par. (1)(H). Pub. L. 103-272 substituted "subchapter II of
chapter 471 of title 49; or sections" for "or sections 1622,".
1976 - Par. (14). Pub. L. 94-409 added par. (14).
EFFECTIVE DATE OF 1976 AMENDMENT                 
Amendment 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.
STUDY AND REPORTS ON ADMINISTRATIVE SUBPOENAS           
Pub. L. 106-544, Sec. 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.
"(b) 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]."
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