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5 U.S.C. § 1005

Responsibilities of the President

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(a)Delegation.—The President may delegate responsibility for evaluating and taking action, where appropriate, with respect to all public recommendations made to the President by Presidential advisory committees.(b)Report on Response to Recommendations.—Within 1 year after a Presidential advisory committee submits a public report to the President, the President or the President’s delegate shall submit to Congress a report stating either proposals for action or reasons for inaction, with respect to the recommendations contained in the public report.(Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4199.)

Historical and Revision Notes

Revised

Section

Source (U.S. Code)

Source (Statutes at Large)

1005

5 U.S.C. App. (FACA § 6(a), (b))

Pub. L. 92–463, § 6(a), (b), Oct. 6, 1972, 86 Stat. 772.

Notes of Decisions
Cited in 85 cases, 1949–2009 · leading case: Nat'l Labor Relations Bd. v. J. H. Rutter-Rex Mfg. Co., 396 U.S. 258 (1970).
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Nat'l Labor Relations Bd. v. J. H. Rutter-Rex Mfg. Co., 396 U.S. 258 (1970). · cites it 4× “240 , 5 U. S. C. § 1005 (a), now 5 U. S. C. § 555 (b) (1964 ed.”
Comm'r v. Neal, 557 F.3d 1262 (11th Cir. 2009). · cites it 2× “This exemption from formal adjudication was deemed appropriate because the agency's judgment would be effective "only in a prima facie sense at most," as the aggrieved party would be entitled to judicial retrial in the Tax Court.”
United States v. Van Allen, 28 F.R.D. 329 (S.D.N.Y. 1961). · cites it 4× “As to item (b), under 5 U.S.C.A. § 1005 (b), Stahl is entitled to anything he gave the Securities and Exchange Commission pursuant to a subpoena.”
In Re Groban, 352 U.S. 330 (1957). · cites it 2× “[23] 5 U. S. C. § 1005 (a). [24] S. Rep. No. 752, 79th Cong.”
United States v. Fancher, 195 F. Supp. 448 (D. Conn. 1961). · cites it 8× “240 (1946), 5 U.S.C.A. § 1005 (b), in relevant part, provides : “Every person compelled to submit data or evidence shall be entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding…”
St. Regis Paper Co. v. United States, 368 U.S. 208 (1962). · cites it 2× “241 , 5 U. S. C. § 1005 (c), authorized the procedure the court followed, *225 i.”
Fed. Commc'ns Comm'n, Appellant-Cross-Appellee v. Taft B. Schreiber & McA Inc., Appellees-Cross-Appellants, 329 F.2d 517 (9th Cir. 1964). · cites it 7× “Whether the District Court erred in concluding that under Section 6(a) of the Administrative Procedure Act, 5 U.S.C. § 1005 (a), appellees have the following rights: (a) The right to have their counsel object to any questioning by the Commission, its counsel, or the presiding…”
United States v. Edwin Murray, 297 F.2d 812 (2d Cir. 1962). · cites it 2× “, and Section 6(b) of the Administrative Procedure Act, 5 U.S.C.A. § 1005 (b). 4 Judge Edelstein held that the defense had made insufficient showing of the “materiality” required for discovery under Rule 16, that pretrial inspection pursuant to subpoena was unavailable under…”
Sperry v. Florida Ex Rel. Florida Bar, 373 U.S. 379 (1963). “240 ; 5 U. S. C. § 1005 (a). Although the act thus disavows any.”
Fed. Trade Comm'n v. W. W. Tuttle, Resident Manager, Ernst & Ernst, 244 F.2d 605 (2d Cir. 1957). · cites it 2× “(3) That in view of the hardship it would impose on Ernst & Ernst if they are required to disclose this confidential information, which they assert is merely hearsay and not competent proof in the Spalding matter, enforcement of the subpoena would violate Section 6(c) of the…”
Hyser v. Reed, 318 F.2d 225 (D.C. Cir. 1963). “8 Suffice it to point out with regard to appellants’ claim to appointed counsel, that the Administrative Procedure Act, 5 U.S.C. § 1005 (a), if it were held to apply, provides only that a person compelled to appear before an agency “shall be accorded the right to be accompanied,…”
Atl. & Gulf Stevedores, Inc. v. Donovan, 274 F.2d 794 (5th Cir. 1960). · cites it 2× ““Legislative History of the Administrative Procedure Act” at page 264 points out that § 6(a) of the APA, 5 U.S.C.A. § 1005 (a), note 30, supra, was enacted to make certain that “no agency shall, in effect, deny relief or fail to conclude a a case by mere inaction, or proceed in…”
Show all 85 citing cases →
— 5 U.S.C. § 1005(a) — 1 case
Nat'l Labor Relations Bd. v. J. H. Rutter-Rex Mfg. Co., Inc., 305 F.2d 242 (5th Cir. 1962).
— 5 U.S.C. § 1005(b) — 3 cases
United States v. Van Allen, 28 F.R.D. 329 (S.D.N.Y. 1961). “As to item (b), under 5 U.S.C.A. § 1005 (b), Stahl is entitled to anything he gave the Securities and Exchange Commission pursuant to a subpoena.”
Wagman v. Arnold, 152 F. Supp. 637 (S.D.N.Y. 1957).
Leeds & Northrup Co. v. Nat'l Labor Relations Bd., 357 F.2d 527 (3rd Cir. 1966).
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