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ed under chapter 38 of title 31, and (iv) the Religious Freedom Restoration Act of 1993;

[See main edition for text of (D) and (E), (2); (c) to ]

(As amended Pub. L. 103-141, § 4(b), Nov. 16, 1993, 107 Stat. 1489.)

REFERENCES IN TEXT

The Religious Freedom Restoration Act of 1993, referred to in subsec. (b)(1)(C)(iv), is Pub. L. 103-141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to chapter 21B (§ 2000bb et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of Title 42 and Tables.

AMENDMENTS

1993-Subsec. (b)(1)(C). Pub. L. 103-141 added cl.

(iv).

PROHIBITION ON USE OF ENERGY AND WATER DEVELOPMENT APPROPRIATIONS TO PAY INTERVENING PARTIES IN REGULATORY OR ADJUDICATORY PROCEEDINGS Pub. L. 102-377, title V, § 502, Oct. 2, 1992, 106 Stat. 1342, provided that: "None of the funds in this Act or subsequent Energy and Water Development Appropriations Acts shall be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in such Acts."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 580 of this title; title 15 section 634b; title 18 section 293; title 20 section 1234; title 25 section 450m-1; title 28 section 2412; title 42 section 3612.

SUBCHAPTER II-ADMINISTRATIVE

PROCEDURE

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 571, 592, 7118, 7134, 8902 of this title; title 2 sections 501, 502; title 7 sections 136d, 1642; title 10 sections 2397, 2397a; title 12 sections 635a-2, 1437, 1441a, 1749bbb-17, 1959, 2278a-10, 3349, 4525, 4545; title 15 sections 78dd-1, 78dd-2, 78ggg, 266, 1392, 1715, 3412, 3710a, 5103, 5308; title 16 sections 460aa-3, 470q, 470hh; title 17 sections 701, 802; title 19 sections 1337, 1677c; title 20 sections 107d-2, 641; title 21 sections 360kk, 811, 824, 875, 958, 971; title 22 sections 277d-24, 1623, 1645n, 4116; title 25 section 954; title 28 section 509; title 29 sections 156, 164, 213, 481, 628, 792, 1137; title 30 sections 184, 956; title 31 sections 321, 3801, 3803; title 33 sections 524, 597; title 39 section 3008; title 41 section 43a; title 42 sections 1436c, 1975a, 2000e-12, 2231, 2236, 2454, 3789d, 6212, 6241, 6393, 7191, 7276, 7420, 7607, 11346, 12116, 12206; title 43 section 1624; title 45 sections 431, 1116, 1212; title 46 sections 7702, 9303; title 47 sections 303, 305, 310, 409; title 49 sections 10530, 10705, 10724, 10925, 10928, 10929, 11123, 11124, 11125, 11127, 11349; title 49 App. sections 1348, 1355, 1481, 1655, 1672, 2002; title 50 sections 167h, 835; title 50 App. sections 463, 2159.

§ 551. Definitions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 500, 504, 552, 562, 571, 592, 595, 601, 701, 3344 of this title; title 2 sections 501, 502; title 15 sections 78d-1, 78w, 632, 637c, 766, 2053, 3412, 3416; title 16 section 470w; title 20 section 5097; title 22 section 3731; title 26 sections 6103, 9041; title 30 section 956; title 31 sections 3901, 6101, 7501; title 41 section 422; title 42 sections 2231, 2992c, 6107, 6241, 6393, 7191, 8259, 8262, 8287c, 9840, 11317, 11504; title 46 sections 7702, 9303; title 47 sections 155,

409; title 49 App. section 1557; title 50 App. sections 2159, 2412.

§ 552. Public information; agency rules, opinions, orders, records, and proceedings

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 551, 552a, 552b, 566, 574, 1216, 7133 of this title; title 2 sections 472, 501, 502; title 7 sections 12, 509, 608d, 948, 958, 1314g, 13141, 1508, 1642, 5651, 5662, 5906; title 10 sections 128, 424, 1034, 1102, 2304, 2328, 2506; title 12 sections 1786, 1818, 18310, 4611; title 14 section 645; title 15 sections 18a, 57b-2, 78m, 780-5, 78q, 78w, 78x, 78dd-1, 78dd-2, 278n, 719d, 773, 796, 1314, 1335a, 1418, 2029, 2032, 2055, 2217, 2613, 3364, 3710a, 4019, 4104, 4107, 4305, 4403, 4606, 4912, 5104, 5308; title 16 sections 973j, 1402, 4304; title 18 sections 207, 208; title 19 sections 1333, 1431, 1509, 1625, 1677f, 2418; title 20 sections 1078, 1087-2, 2422, 2836; title 21 sections 360j, 379, 379f, 830; title 22 sections 2200a, 3902, 4355, 4415, 4604, 4607, 4833, 5841; title 25 sections 450c, 450k, 1951, 2716; title 26 sections 6103, 6110, 7611; title 28 sections 594, 1657; title 29 section 2635; title 30 section 1604; title 31 sections 716, 1352, 3729, 3733, 5319; title 33 sections 524, 941, 1513; title 35 sections 202, 209; title 38 sections 501, 502, 7451; title 39 section 410; title 41 sections 253, 706; title 42 sections 242k, 263b, 300v-2, 300aa-25, 405, 1306, 1320c-9, 2167, 2168, 2297b-13, 2454, 2996d, 3027, 4332, 5916, 5919, 6272-6274, 7135, 8103, 9122, 9208, 9660, 10704, 13385; title 44 sections 2201, 2204, 2206; title 45 section 546; title 46 sections 4309, 7702, 9303; title 46 App. sections 93, 1705; title 49 sections 10310, 10706, 11164, 11346; title 49 App. sections 1357, 1805, 1806, 1903, 1905, 2511, 2608; title 50 section 431; title 50 App. sections 463, 2158, 2159, 2170, 2406, 2411.

§ 552a. Records maintained on individuals

(a) DEFINITIONS.-For purposes of this section

[See main edition for text of (1) to (7)] (8) the term "matching program”—

[See main edition for text of (A)]
(B) but does not include-

[See main edition for text of (i) to (iv)]
(v) matches-

[See main edition for text of (I) and (ID)]
if the purpose of the match is not to take
any adverse financial, personnel, discipli-
nary, or other adverse action against Fed-
eral personnel;

(vi) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel; or

(vii) matches performed pursuant to section 6103(1)(12) of the Internal Revenue Code of 1986 and section 1144 of the Social Security Act;

[See main edition for text of (9) to (13)]

(b) CONDITIONS OF DISCLOSURE.-No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to

whom the record pertains, unless disclosure of the record would be

[See main edition for text of (1) to (10)] (11) pursuant to the order of a court of competent jurisdiction; or

[See main edition for text of (12)]

(c) ACCOUNTING OF CERTAIN DISCLOSURES.Each agency, with respect to each system of records under its control, shall

[See main edition for text of (1) to (4); (d) and (e)]

(f) AGENCY RULES.-In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements (including general notice) of section 553 of this title, which shall

[See main edition for text of (1) and (2)]

(3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him;

[See main edition for text of (4) and (5)] The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost.

[See main edition for text of (g) to (0)]

(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS.—(1) In order to protect any individual whose records are used in a matching program, no recipient agency, non-Federal agency, or source agency may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under a Federal benefit program to such individual, or take other adverse action against such individual, as a result of information produced by such matching program, until

(A)(i) the agency has independently verified the information; or

(ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity Board of the source agency, determines in accordance with guidance issued by the Director of the Office of Management and Budget that

(I) the information is limited to identification and amount of benefits paid by the source agency under a Federal benefit program; and

(II) there is a high degree of confidence that the information provided to the recipient agency is accurate;

(B) the individual receives a notice from the agency containing a statement of its findings and informing the individual of the opportunity to contest such findings; and

(C)(i) the expiration of any time period established for the program by statute or regu

lation for the individual to respond to that notice; or

(ii) in the case of a program for which no such period is established, the end of the 30day period beginning on the date on which notice under subparagraph (B) is mailed or otherwise provided to the individual.

(2) Independent verification referred to in paragraph (1) requires investigation and confirmation of specific information relating to an individual that is used as a basis for an adverse action against the individual, including where applicable investigation and confirmation of

(A) the amount of any asset or income involved;

(B) whether such individual actually has or had access to such asset or income for such individual's own use; and

(C) the period or periods when the individual actually had such asset or income.

(3) Notwithstanding paragraph (1), an agency may take any appropriate action otherwise prohibited by such paragraph if the agency determines that the public health or public safety may be adversely affected or significantly threatened during any notice period required by such paragraph.

[See main edition for text of (q) to (v)]

(As amended Pub. L. 101-508, title VII, § 7201(b)(1), Nov. 5, 1990, 104 Stat. 1388-334; Pub. L. 103-66, title XIII, § 13581(c), Aug. 10, 1993, 107 Stat. 611.)

REFERENCES IN TEXT

Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (a)(8)(B)(iv), (vii), is classified to section 6103 of Title 26, Internal Revenue Code.

Sections 464, 1137, and 1144 of the Social Security Act, referred to in subsec. (a)(8)(B)(iv), (vii), are classified to sections 664, 1320b-7, and 1320b-14, respectively, of Title 42, The Public Health and Welfare.

CODIFICATION

Portions of subsecs. (b), (c), and (f) are set out in this supplement to correct typographical error appearing in the main edition.

AMENDMENTS

1993-Subsec. (a)(8)(B)(vii). Pub. L. 103-66 added cl.

(vii).

1990-Subsec. (p). Pub. L. 101-508 amended subsec. (p) generally, restating former pars. (1) and (3) as par. (1), adding provisions relating to Data Integrity Boards, and restating former pars. (2) and (4) as (2) and (3), respectively.

EFFECTIVE DATE OF 1993 AMENDMENT Amendment by Pub. L. 103-66 effective Jan. 1, 1994, see section 13581(d) of Pub. L. 103-66, set out as an Effective Date note under section 1320b-14 of Title 42, The Public Health and Welfare.

EFFECTIVE DATE OF 1988 AMENDMENT Section 10 of Pub. L. 100-503, as amended by Pub. L. 101-56, § 2, July 19, 1989, 103 Stat. 149, provided that: "(a) IN GENERAL.-Except as provided in subsections (b) and (c), the amendments made by this Act [amending this section and repealing provisions set out as a note below] shall take effect 9 months after the date of enactment of this Act [Oct. 18, 1988].

"(b) EXCEPTIONS.-The amendment made by sections 3(b), 6, 7, and 8 of this Act (amending this section and repealing provisions set out as a note below) shall take effect upon enactment.

"(c) EFFECTIVE DATE DELAYED FOR EXISTING PROGRAMS.-In the case of any matching program (as defined in section 552a(a)(8) of title 5, United States Code, as added by section 5 of this Act) in operation before June 1, 1989, the amendments made by this Act (other than the amendments described in subsection (b)) shall take effect January 1, 1990, if—

"(1) such matching program is identified by an agency as being in operation before June 1, 1989; and

"(2) such identification is—

“(A) submitted by the agency to the Committee on Governmental Affairs of the Senate, the Committee on Government Operations of the House of Representatives, and the Office of Management and Budget before August 1, 1989, in a report which contains a schedule showing the dates on which the agency expects to have such matching program in compliance with the amendments made by this Act, and

“(B) published by the Office of Management and Budget in the Federal Register, before September 15, 1989."

SHORT TITLE OF 1990 AMENDMENT

Section 7201(a) of Pub. L. 101-508 provided that: "This section (amending this section and enacting provisions set out as notes below] may be cited as the 'Computer Matching and Privacy Protection Amendments of 1990'."

SHORT TITLE OF 1989 AMENDMENT

Pub. L. 101-56, § 1, July 19, 1989, 103 Stat. 149, provided that: "This Act [amending section 10 of Pub. L. 100-503, set out as a note above] may be cited as the 'Computer Matching and Privacy Protection Act Amendments of 1989'."

PUBLICATION OF GUIDANCE UNDER SUBSECTION
(p)(1)(A)(ii)

Section 7201(b)(2) of Pub. L. 101-508 provided that: "Not later than 90 days after the date of the enactment of this Act (Nov. 5, 1990], the Director of the Office of Management and Budget shall publish guidance under subsection (p)(1)(A)(ii) of section 552a of title 5, United States Code, as amended by this Act."

LIMITATION ON APPLICATION OF VERIFICATION

REQUIREMENT

Section 7201(c) of Pub. L. 101-508 provided that: "Section 552a(p)(1)(A)(ii)(II) of title 5, United States Code, as amended by section 2 [probably means section 7201(b)(1) of Pub. L. 101-5081, shall not apply to a program referred to in paragraph (1), (2), or (4) of section 1137(b) of the Social Security Act (42 U.S.C. 1320b-7), until the earlier of—

"(1) the date on which the Data Integrity Board of the Federal agency which administers that program determines that there is not a high degree of confidence that information provided by that agency under Federal matching programs is accurate; or

"(2) 30 days after the date of publication of guidance under section 2(b) [probably means section 7201(b)(2) of Pub. L. 101-508, set out as a note above]."

EFFECTIVE DATE DELAYED FOR CERTAIN EDUCATION BENEFITS COMPUTER MATCHING PROGRAMS

Pub. L. 101-366, title II, § 206(d), Aug. 15, 1990, 104 Stat. 442, provided that:

"(1) In the case of computer matching programs between the Department of Veterans Affairs and the Department of Defense in the administration of education benefits programs under chapters 30 and 32 of title 38 and chapter 106 of title 10, United States Code,

the amendments made to section 552a of title 5, United States Code, by the Computer Matching and Privacy Protection Act of 1988 [Pub. L. 100-503] (other than the amendments made by section 10(b) of that Act) [see Effective Date of 1988 Amendment note above] shall take effect on October 1, 1990.

"(2) For purposes of this subsection, the term 'matching program' has the same meaning provided in section 552a(a)(8) of title 5, United States Code."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 552b, 1212, 3111, 7133 of this title; title 7 section 2204b; title 10 sections 424, 1102; title 12 section 1715z; title 14 section 645; title 15 section 278g-3; title 16 sections 410cc-35, 1536; title 19 section 1631; title 20 sections 1080a, 1221e-1; title 22 section 4355; title 25 section 3205; title 26 sections 6103, 7852; title 31 sections 3701, 3711, 3718, 3729, 3733; title 38 sections 3684A, 5701; title 39 section 410; title 42 sections 300aa-25, 402, 405, 1306, 3544, 9660; title 44 sections 2906, 3501, 3504; title 46 sections 7702, 9303; title 49 section 111; title 50 App. section 2159.

§ 552b. Open meetings

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 552 of this title; title 7 section 945; title 12 section 3502; title 19 section 2347; title 22 section 4605, 4833; title 39 section 410; title 42 sections 2996c, 7171, 7234, 8103, 10703; title 44 section 2204; title 45 sections 1116, 1212; title 46 sections 7702, 9303; title 50 App. sections 2158, 2159. § 553. Rule making

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 552a, 556, 561, 566, 601, 603, 604, 1103, 1105, 5304 of this title; title 2 sections 501, 502; title 7 sections 6j, 12e, 927, 944a, 950aaa-3, 1932, 2013, 2014, 2707, 4906, 6802, 6804; title 8 section 1288; title 9 section 306; title 12 sections 635, 1441a, 1735f-17, 1828, 3336, 4004, 4008, 4112, 4308, 526, 4589, 4611; title 15 sections 18a, 57a, 781, 78s, 78ggg, 789, 1193, 1203, 1262, 1277, 1410b, 1474, 1476, 1604, 1693b, 1912, 2058, 2079, 2082, 2309, 2603, 2604, 2605, 2618, 2643, 2703, 2823, 3412, 3710c, 3803, 4017, 4404, 5624, 5711, 5721, 5724; title 16 sections 620a, 839b, 971d, 1379, 1381, 1383b, 1463, 1533, 1535, 1604, 1821, 1822, 3341, 3604, 3636; title 19 section 2561; title 20 sections 1221e-4, 1232, 2711; title 21 sections 358, 463; title 25 sections 450c, 450k; title 28 section 994; title 30 sections 811, 936, 1211, 1468, 1751; title 33 sections 1231, 1322, 1504; title 38 sections 501, 502; title 40 section 333; title 41 sections 43a, 47, 422; title 42 sections 289d, 290aa-10, 300g-1, 300h, 421, 1395ff, 1395hh, 1437c, 1437d, 14371, 1437u, 1437ee, 1796c, 1997e, 2210a, 2992b-1, 4029, 4905, 5060, 5403, 5506, 5918, 5919, 6239, 6306, 6392, 7191, 7407, 7502, 7511a, 7607, 8275, 8411, 9112, 9127, 9204, 9605, 10155, 10193, 11023, 11376, 11387, 12725, 12879, 12898, 12898a, 13603, 13643; title 43 section 1740; title 44 section 2206; title 45 sections 431, 502, 562; title 46 sections 7702, 9303; title 46 App. sections 1241f, 1716; title 49 sections 10326, 10328, 10362, 11350; title 49 App. sections 1348, 1387, 1804, 2505, 2612, 2715; title 50 App. sections 2158, 2159, 2412. § 554. Adjudications

[See main edition for text of (a)] (b) Persons entitled to notice of an agency hearing shall be timely informed of

(1) the time, place, and nature of the hearing;

[See main edition for text of (2) and (3), concluding provision; (c) to (e); credits]

CODIFICATION Subsec. (b)(1) is set out in this supplement to correct typographical error appearing in the main edition.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 504, 552b, 556, 557, 8124 of this title; title 2 sections 501, 502, 1207, 1219, 1220; title 7 sections 86, 87e, 87f-1, 1359ii, 3804, 3805; title 8 sections 1324a, 1324c; title 12 sections 1817, 1818, 2268, 3413; title 15 sections 78d-1, 1274, 2064, 2066, 2605, 2615, 3412; title 16 sections 429b-1, 470ff, 773f, 796, 823b, 839f, 973f, 1174, 1437, 1536, 1540, 1856, 1858, 2407, 2437, 2602, 3142, 3373, 3636, 5010; title 18 section 3625; title 20 section 1234; title 21 sections 321, 333, 360e, 844a, 1041; title 29 sections 214, 216, 659, 1813, 1853; title 30 sections 185, 804, 811, 815, 817, 818, 821, 938, 1264, 1268, 1275, 1293, 1426, 1462; title 33 sections 919, 1319, 1321, 1367, 1504; title 38 section 7101; title 41 section 422; title 42 sections 262, 300g-3, 300h-2, 2000e-17, 2282a, 3783, 3789d, 4910, 6303, 6971, 7407, 7413, 7419, 7502, 7511a, 7524, 7607, 7920, 8433, 9112, 9152, 9609, 9610; title 43 sections 1656, 1766; title 45 sections 432, 905; title 46 sections 7702, 9303; title 47 sections 409, 503; title 49 section 521; title 49 App. sections 1471, 1674b, 2611, 2618; title 50 App. sections 16, 2159, 2410, 2412.

§ 555. Ancillary matters

[See main edition for text of (a) to (d)] (e) Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial.

[See main edition for credits]

CODIFICATION

Subsec. (e) is set out in this supplement to correct typographical error appearing in the main edition.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 501, 502, 1207, 1219, 1220; title 16 sections 1536, 3636; title 18 section 3625; title 41 section 422; title 42 sections 7407, 7502, 7511a, 7607; title 46 sections 7702, 9303; title 50 App. sections 16, 2159, 2410, 2412.

§ 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision

[See main edition for text of (a) and (b)] (c) Subject to published rules of the agency and within its powers, employees presiding at hearings may

[See main edition for text of (1) to (5)]

(6) hold conferences for the settlement or simplification of the issues by consent of the parties or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter;

(7) inform the parties as to the availability of one or more alternative means of dispute resolution, and encourage use of such methods;

(8) require the attendance at any conference held pursuant to paragraph (6) of at least one representative of each party who

has authority to negotiate concerning resolution of issues in controversy;

(9) dispose of procedural requests or similar matters;

(10) make or recommend decisions in accordance with section 557 of this title; and (11) take other action authorized by agency rule consistent with this subchapter.

[See main edition for text of (d) and (e)] (As amended Pub. L. 101-552, § 4(a), Nov. 15, 1990, 104 Stat. 2737.)

AMENDMENT OF SECTION

For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date of 1990 Amendment; Savings Provision note below.

AMENDMENTS

1990 Subsec. (c)(6). Pub. L. 101-552, §§ 4(a)(1), 11, temporarily inserted before semicolon at end "or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter". See Termination Date of 1990 Amendment; Savings Provision note below.

Subsec. (c)(7) to (11). Pub. L. 101-552, §§ 4(a)(2), 11, temporarily added pars. (7) and (8) and redesignated former pars. (7) to (9) as (9) to (11), respectively. See Termination Date of 1990 Amendment; Savings Provision note below.

TERMINATION DATE of 1990 AMENDMENT; Savings

PROVISION

For termination of amendments by Pub. L. 101-552 and authority to use dispute resolution proceedings Oct. 1, 1995, except with respect to certain pending proceedings, see section 11 of Pub. L. 101-552, set out as a Termination Date; Savings Provision note under section 571 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 553, 554, 557, 558, 706, 3105 of this title; title 2 sections 501, 502, 1207, 1219, 1220; title 7 sections 86, 87e, 87f-1, 1359ii, 2023, 2707, 3804, 3805, 4906, 6802, 6804; title 8 section 1182; title 15 sections 57a, 2605, 3412; title 16 sections 796, 839f, 1536, 2602, 3636; title 20 section 1234; title 21 sections 321, 379e, 1041; title 22 sections 1037a, 4136; title 30 sections 811, 1415; title 33 sections 907, 1319, 1321; title 39 sections 404, 3624, 3661; title 41 sections 10b-1, 422; title 42 sections 300h-2, 2241, 7171, 7407, 7413, 7502, 7511a, 7524, 7607, 9612, 11504; title 46 sections 7702, 9303; title 47 section 155; title 49 App. sections 2505, 2715; title 50 App. sections 16, 2159, 2410,

2412.

§ 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 553, 554, 556, 558, 706, 3105 of this title; title 2 sections 501, 502, 1207, 1219, 1220; title 7 sections 86, 87e, 87f-1, 2023, 2707, 4906, 6802, 6804; title 15 sections 57a, 2605, 3412; title 16 sections 796, 839f, 2602, 3636; title 20 section 1234; title 21 section 321; title 30 sections 811, 823, 1415; title 39 sections 404, 3624, 3661; title 41 sections 10b-1, 422; title 42 sections 1395ww, 2241, 7407, 7502, 7511a, 7607, 11504; title 46 sections 7702, 9303; title 49 sections 10322, 10327; title 49 App. sections 2505, 2715; title 50 App. sections 16, 2159, 2410, 2412.

§ 558. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 501, 502; title 16 section 1824; title 41 section 422; title 42 sections 2236, 7651g; title 45 section 312; title 46 sections 7702, 9303; title 50 App. sections 2159, 2412.

§ 559. Effect on other laws; effect of subsequent statute

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 sections 501, 502; title 30 sections 823, 956; title 41 section 422; title 46 sections 7702, 9303; title 50 App. sections 2159, 2412.

SUBCHAPTER III-NEGOTIATED
RULEMAKING PROCEDURE

REPEAL OF SUBCHAPTER

Subchapter repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, as amended, set out as an Effective Date of Repeal; Savings Provision note under section 561 of this title.

PRIOR PROVISIONS

A prior subchapter III (§ 571 et seq.) was redesignated subchapter V (§ 591 et seq.) of this chapter.

AMENDMENTS

1992-Pub. L. 102-354, § 3(a)(1), Aug. 26, 1992, 106 Stat. 944, redesignated subchapter IV of this chapter relating to negotiated rulemaking procedure as this subchapter.

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in title 42 section 1437g.

§ 561. Purpose

The purpose of this subchapter is to establish a framework for the conduct of negotiated rulemaking, consistent with section 553 of this title, to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process or with other innovative rulemaking procedures otherwise authorized by law.

(Added Pub. L. 101-648, § 3(a), Nov. 29, 1990, 104 Stat. 4970, § 581; renumbered § 561, Pub. L. 102-354, § 3(a)(2), Aug. 26, 1992, 106 Stat. 944.)

REPEAL OF SECTION

Section repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, as amended, set out as an Effective Date of Repeal; Savings Provision note below.

AMENDMENTS

1992-Pub. L. 102-354 renumbered section 581 of this title as this section.

EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION Section 5 of Pub. L. 101-648, as amended by Pub. L. 102-354, § 5(a)(2), Aug. 26, 1992, 106 Stat. 945, provided that: "Subchapter III of chapter 5 of title 5, United States Code (enacted as subchapter IV of chapter 5 of

title 5, United States Code, by section 3 of this Act and redesignated as subchapter III of such chapter 5 by section (3)(a) of the Administrative Procedure Technical Amendments Act of 1991 [Pub. L. 102-354]) and that portion of the table of sections at the beginning of chapter 5 of title 5, United States Code, relating to subchapter III, are repealed, effective 6 years after the date of the enactment of this Act [Nov. 29, 1990), except that the provisions of such subchapter shall continue to apply after the date of the repeal with respect to then pending negotiated rulemaking proceedings initiated before the date of repeal which, in the judgment of the agencies which are convening or have convened such proceedings, require such continuation, until such negotiated rulemaking proceedings terminate pursuant to such subchapter."

SHORT TITLE OF 1992 AMENDMENT

Section 1 of Pub. L. 102-354 provided that: "This Act [amending sections 565, 568, 569, 571, 577, 580, 581, and 593 of this title, section 10 of Title 9, Arbitration, and section 173 of Title 29, Labor, renumbering sections 571 to 576, 581 to 590, and 581 to 593 as 591 to 596, 561 to 570, and 571 to 583, respectively, of this title, and amending provisions set out as notes under this section and section 571 of this title] may be cited as the 'Administrative Procedure Technical Amendments Act of 1991'."

SHORT TITLE

Section 1 of Pub. L. 101-648 provided that: "This Act [enacting this subchapter] may be cited as the 'Negotiated Rulemaking Act of 1990'.”

CONGRESSIONAL FINDINGS

Section 2 of Pub. L. 101-648 provided that: "The Congress makes the following findings:

"(1) Government regulation has increased substantially since the enactment of the Administrative Procedure Act [see Short Title note set out preceding section 551 of this title].

"(2) Agencies currently use rulemaking procedures that may discourage the affected parties from meeting and communicating with each other, and may cause parties with different interests to assume conflicting and antagonistic positions and to engage in expensive and time-consuming litigation over agency rules.

"(3) Adversarial rulemaking deprives the affected parties and the public of the benefits of face-to-face negotiations and cooperation in developing and reaching agreement on a rule. It also deprives them of the benefits of shared information, knowledge, expertise, and technical abilities possessed by the affected parties.

"(4) Negotiated rulemaking, in which the parties who will be significantly affected by a rule participate in the development of the rule, can provide significant advantages over adversarial rulemaking.

"(5) Negotiated rulemaking can increase the acceptability and improve the substance of rules, making it less likely that the affected parties will resist enforcement or challenge such rules in court. It may also shorten the amount of time needed to issue final rules.

"(6) Agencies have the authority to establish negotiated rulemaking committees under the laws establishing such agencies and their activities and under the Federal Advisory Committee Act (5 U.S.C. App.). Several agencies have successfully used negotiated rulemaking. The process has not been widely used by other agencies, however, in part because such agencies are unfamiliar with the process or uncertain as to the authority for such rulemaking."

AUTHORIZATION OF APPROPRIATIONS Section 4 of Pub. L. 101-648, as amended by Pub. L. 102-354, § 5(a)(1), Aug. 26, 1992, 106 Stat. 945, provid

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