5 U.S.C. § 1003

Applicability

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(a)In General.—This chapter, and any rule, order, or regulation promulgated under this chapter, shall apply to each advisory committee except to the extent that the Act establishing the advisory committee specifically provides otherwise.(b)Exemptions Relating to Certain Federal Entities.—Nothing in this chapter shall be construed to apply to an advisory committee established or utilized by—(1) the Central Intelligence Agency;(2) the Federal Reserve System; or(3) the Office of the Director of National Intelligence, if the Director of National Intelligence determines that for reasons of national security the advisory committee cannot comply with the requirements of this chapter.(c)Exemptions Relating to Certain Local and State Entities.—Nothing in this chapter shall be construed to apply to any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies.(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4198.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1003

5 U.S.C. App. (FACA § 4)

Pub. L. 92–463, § 4, Oct. 6, 1972, 86 Stat. 771; Pub. L. 111–259, title IV, § 410(a), Oct. 7, 2010, 124 Stat. 2724.

Notes of Decisions
Cited in 104 cases, 1947–1978 · leading case: Hannah v. Larche, 363 U.S. 420 (1960).
Hannah v. Larche, 363 U.S. 420 (1960). · cites it 2× “238 , 5 U. S. C. § 1003 (rule making), and Section 5, 60 Stat.”
United States v. Storer Broad. Co., 351 U.S. 192 (1956). · cites it 2× “As required by 5 U. S. C. § 1003 (b), the notice permitted "interested" parties to file statements or briefs.”
Am. Trucking Assns., Inc. v. United States, 344 U.S. 298 (1953). · cites it 2× “237 , 239, 5 U. S. C. § 1003 . There is no question but that the Federal Register notice and participation requirements were satisfied.”
Fed. Power Comm'n v. Texaco Inc., 377 U.S. 33 (1964). · cites it 2× “238 , 5 U. S. C. § 1003 . General notice of the proposed rule making was published in the Federal Register as required by § 4 (a) of that Act.”
Hotch v. United States, 212 F.2d 280 (9th Cir. 1954). · cites it 3× “Administrative Procedure Act, Title 5 U.S.C.A. § 1003 (a), requires that: *282 “General notice of proposed rule making shall be published in the Federal Register (unless all persons subject thereto are named and either personally served or otherwise have actual notice thereof in…”
Anderson, Leech & Morse, Inc. v. Washington State Liquor Control Bd., 575 P.2d 221 (Wash. 1978). · cites it 2× “That case states on page 296: *694 The New York Association also suggests that the rules do not contain "a concise general statement of their basis and purpose" in compliance with Section 4(b) of the Administrative Procedure Act, 5 U.S.C. § 1003 (b) [now § 553(c)]. But the order…”
California Citizens Band Accociation, Inc., a Corp. v. United States of Am. & Fed. Commc'ns Comm'n, 375 F.2d 43 (9th Cir. 1967). · cites it 2× “§ 553 (b) (3) (1966), formerly 5 U.S.C. § 1003 (a) (3) (1964). It is there provided that notice of rule making shall include “either the terms or substance of the proposed rule or a description of the subjects and issues involved.”
Logansport Broad. Corp. v. United States, 210 F.2d 24 (D.C. Cir. 1954). · cites it 2× “238 , 5 U.S.C.A. § 1003 (b); see Sen.Doc.No. 248, 79th Cong.”
Seaboard World Airlines, Inc. v. Gronouski, 230 F. Supp. 44 (D.D.C. 1964). · cites it 3× “The plaintiff airline seeks to enjoin the Postmaster General from operating under the new policy on the assertion that the plaintiff was not accorded any of the procedural rights guaranteed by the Administrative Procedure Act under the so-called “rule-making” procedures of…”
Elof Hansson, Inc. v. United States, 178 F. Supp. 922 (Cust. Ct. 1959). · cites it 4× “We conclude that the Administrative Procedure Act is applicable to proceedings under the Antidumping Act of 1921; that the Secretary, in making findings of dumping, is an administrative agency; that the Secretary’s finding is rule making; and that, therefore, the rule-making…”
Am. Airlines, Inc. v. Civil Aeronautics Bd., 359 F.2d 624 (D.C. Cir. 1966). “The procedure followed by the Board admittedly complies fully with the requirements for rule making established in section 4 of the Administrative Procedure Act, 5 U.S.C. § 1003 . The question before us is whether this regulation effected a modification of petitioners’ existing…”
Gibson Wine Co., Inc. v. Snyder, 194 F.2d 329 (D.C. Cir. 1952). “238 (1946), 5 U.S.C.A. § 1003 . . And see the opening paragraphs of Procedure in Administrative Rule-Making, Rep.”
— 5 U.S.C. § 1003(a) — 2 cases
Wyman-Gordon Co. v. Nat'l Labor Relations Bd., 397 F.2d 394 (1st Cir. 1968).
George A. Rheman Co. v. United States, 133 F. Supp. 668 (E.D.S.C. 1955).
— 5 U.S.C. § 1003(b) — 1 case
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