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5 U.S.C. § 701

Title 5 Chapter 7 Current through PL 118-3 Last updated: March 29, 2026 View on OLRC →
Sections in this chapter

§ 701. Application; definitions

  • (a) This chapter applies, according to the provisions thereof, except to the extent that—
    • (1) statutes preclude judicial review; or
    • (2) agency action is committed to agency discretion by law.
  • (b) For the purpose of this chapter—
    • (1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
      • (A) the Congress;
      • (B) the courts of the United States;
      • (C) the governments of the territories or possessions of the United States;
      • (D) the government of the District of Columbia;
      • (E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
      • (F) courts martial and military commissions;
      • (G) military authority exercised in the field in time of war or in occupied territory; or
      • (H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 1 1 See References in Text note below. and
    • (2) “person”, “rule”, “order”, “license”, “sanction”, “relief”, and “agency action” have the meanings given them by section 551 of this title .

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