Title 5 — Government Organization and Employees
Part I · Chapter 5 — Administrative Procedure
§ 553. Rule making
Statutory text
This section applies, according to the provisions thereof, except to the extent that there is involved—
a military or foreign affairs function of the United States; or
a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
a statement of the time, place, and nature of public rule making proceedings;
reference to the legal authority under which the rule is proposed;
either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through submission of written data, views, or arguments with or without opportunity for oral presentation. After consideration of the relevant matter presented, the agency shall incorporate in the rules adopted a concise general statement of their basis and purpose. When rules are required by statute to be made on the record after opportunity for an agency hearing, sections 556 and 557 of this title apply instead of this subsection.
The required publication or service of a substantive rule shall be made not less than 30 days before its effective date, except—
a substantive rule which grants or recognizes an exemption or relieves a restriction;
interpretative rules and statements of policy; or
as otherwise provided by the agency for good cause found and published with the rule.
Each agency shall give an interested person the right to petition for the issuance, amendment, or repeal of a rule.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 89–554 · 80 Stat. 378
Enacted · 5 U.S.C. § 553
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383
Source evidence
Code source credit
Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 383Providing Accountability Through Transparency Act of 2023
Pub. L. 118–9 § 2 · 137 Stat. 55
Added · 5 U.S.C. § 553(b)(4)
Pub. L. 118–9 added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 118–9 added par. (4).Enacted provision · exact public law section
SEC. 2. REQUIREMENT TO POST A 100-WORD SUMMARY TO REGULATIONS.GOV. Section 553(b) of title 5, United States Code, is amended— (1) in paragraph (2), by striking “and” at the end; (2) in paragraph (3), by striking the period at the end and inserting “; and”; and (3) by inserting after paragraph (3) the following: “(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 (44 U.S.C. 3501 note) (commonly known as regulations.gov).” .
1 of 2 references resolved to an enrolled provision · 1 partial
Notes
historicalAndRevision
| Historical and Revision Notes | ||
|---|---|---|
| Derivation | U.S. Code | Revised Statutes andStatutes at Large |
| 5 U.S.C. 1003. | June 11, 1946, ch. 324, § 4, 60 Stat. 238. | |
In subsection (a)(1), the words “or naval” are omitted as included in “military”.
In subsection (b), the word “when” is substituted for “in any situation in which”.
In subsection (c), the words “for oral presentation” are substituted for “to present the same orally in any manner”. The words “sections 556 and 557 of this title apply instead of this subsection” are substituted for “the requirements of sections 1006 and 1007 of this title shall apply in place of the provisions of this subsection”.
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
Section 206(d) of the E-Government Act of 2002, referred to in subsec. (b)(4), is section 206(d) of Pub. L. 107–347, which is set out in a note under section 3501 of Title 44, Public Printing and Documents.
Codification
Section 553 of former Title 5, Executive Departments and Government Officers and Employees, was transferred to section 2245 of Title 7, Agriculture.
Amendments
2023—Subsec. (b)(4). Pub. L. 118–9 added par. (4).
Executive Documents
Executive Order No. 12044
Ex. Ord. No. 12044, , 43 F.R. 12661, as amended by Ex. Ord. No. 12221, , 45 F.R. 44249, which related to the improvement of Federal regulations, was revoked by Ex. Ord. No. 12291, , 46 F.R. 13193, formerly set out as a note under section 601 of this title.
Credits
1966–2023 · 2 acts
- 1966Pub. L. 89–554, , 80 Stat. 383
- 2023Pub. L. 118–9, § 2, , 137 Stat. 55.
Show as published
(Pub. L. 89–554, , 80 Stat. 383; Pub. L. 118–9, § 2, , 137 Stat. 55.)