§592 — Title 5 Government Organization and Employees | U.S. Code

Summary

Gives meanings for three words used in this subchapter. "administrative program" means a federal activity that protects the public and decides people’s rights, duties, or benefits by making rules, holding hearings or formal decisions, issuing licenses, or investigating, using the same meanings as in subchapter II of this chapter; it does not include military or foreign affairs functions. "administrative agency" means the government authority described in section 551(1) of this title. "administrative procedure" means the methods an agency uses to run its programs. It covers organization, processes, and management that affect fairness, speed, and how decisions relate to court review, but not the areas an agency is legally responsible for or policy choices left to the agency.

Title 5, §592

Government Organization and Employees — Source: USLM XML via OLRC

For the purpose of this subchapter—

(1)“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;

(2)“administrative agency” means an authority as defined by section 551(1) of this title; and

(3)“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.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1045a.Aug. 30, 1964, Pub. L. 88–499, § 3, 78 Stat. 615. In paragraph (1), the words “subchapter II of this chapter” are substituted for “the Administrative Procedure Act (5 U.S.C. 1001–1011)” to reflect the codification of the Act in this title. The word “naval” is omitted as included in “military”. In paragraph (2), the words “section 551(1) of this title” are substituted for “section 2(a) of the Administrative Procedure Act (5 U.S.C. 1001(a))”. 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

Prior Provisions

A prior section 592 was renumbered section 582 of this title and was subsequently repealed.

Amendments

1992—Pub. L. 102–354 renumbered section 572 of this title as this section.

§592 Definitions