§ 576 TITLE 5.

-GOVERNMENT ORGANIZATION AND EMPLOYEES Page 50

In subsection (b) (1), the words "the sessions" are sub- meanings given them by section 551 of this title.
stituted for "such meetings" for clarity as elsewhere the (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.)
word "sessions" refers to sessions of the Conference and
"meetings" refers to meetings of the Council. HISTORICAL AND RZVisioN'NoTEs
In subse. tion (c) (7), the words "subject to the civil Deriva- Revised Statutes and
service anc classification laws" are omitted as unnLces- tion U.S. Code Statutes at Large
sary inasmuch as appointments in the executive branch (a) 5U.S.C. 1009 June 11, 1946, ch. 324, 1 10
are made subject to the civil service laws and pay is fixed (introduc- (introductory clause), 60
under classification laws unless specifically excepted. The tory clause). Stat. 243.
words "and fix the pay of" are added for clarity.
In subsection (a), the words "This chapter applies,
Standard changes are made to conform with the defi- according to the provisions thereof," are added to avoid
nitions applicable and the style of this title as outlined in the necessity of repeating the introductory clause of
the preface to the report. former section 1009 in sections 702-700.
Subsection (b) Is added on authority of section 2 of
§ 576, Appropriations.
the Act of June 11, 1946, ch. 324, 60 Stat. 237, as amended,
There are authorized to be appropriated sums nec- which is carried into section 551 of this title.
essary, not in excess of $250,000, to carry out the In subsection (b)(1)(O), the words "or naval" are
purpose of this subchapter. (Pub. L. 89-554, Sept. 6, omitted as included in "military".
In subsection (b)(1) (H), the words "functions which
1966, 80 Stat. 391.) by law expire on the termination of present hostilities,
HISTORICAL AND REVISION NOTES within any fixed period thereafter, or before July 1,1947"
Deriva- Revised Statutes and ae omitted as executed. Reference to the "Selective
tion U.S. Code Statutes at Large Training and Service Act of 1940" is omitted as that Act
Aug. 30, 1964, Pub. L. 88-499,
expired on Mar. 31, 1947. Reference to the "Sugar Control
.. 5 U.S.S. 1045e Extension Act of 1947" Is omitted as that Act expired on
I 7, 78 Stat. 618.
Mar. 31, 1948. References to the "Housing and Rent Act
The word "hereby" is omitted as unnecessary. of 1947, as amended" and the "Veterans' Emergency Hous-
Standard changes are made to conform with the defini- ing Act of 1946" have been consolidated as they are re-
tions applicable and the style of this title as outlined in lated. The reference to former section 1641(b) (2) of
the preface to the report. title 50, appendix, is retained not-rithstnding its repeal
by 111(a) (1) of the Act of SepL. 21, 196. Pub. L.87-256,
Chapter 7.-JUDICIAL REVIEW 75 Stat. 538, since 111(c) of the AMt 1,':ovides that a
reference in other Acts to a provision of law repealed by
Sec. I 111(a) shall be considered to be a reference to the appro-
701. Application; definitions. priate provisions of Pub. L, 87-256.
702. Right of review. Standard changes are made to confcrm with the defini-
703. Form and venue of proceeding. tions applicable and the style of this title as outlined in
704. Actions reviewable. the perface to the report.
705. Relief pending review.
706. Scope of review. § 702. Right of review.
§ 701. Application; definitions. A person suffering legal wrong because of agency
(a) This chapter applies, according to the provi-
action, or adversely affected or aggrieved by agency
sions thereof, except to the extent that- action within the meaning of a relevant statute, is
(1) statutes preclude judicial review; or entitled to judicial review thereof. (Pub. L. 89-554,
(2) agency action is committed to agency dis- Sept. 6, 1966, 80 Stat. 392.)
cretion by law. HITORIcAL AND REVISION NoTEs
(b) For the purpose of this chapter- Deriva- Revised Statutes and
tlion U.S. Code Statutes at Large
(1) "agency" means each authority of the
5 U.S.C. 1009(a) June 11, 1946, oh. 824,
Government of the United States, whether or not
1 10(a), 60 Stat. 243.
it is within or subject to review by another
Standard changes are made to conform with the defini-
agency, but does not include- tions applicable and the style of this title as outlined in
(A) the Congress; the preface to the report.
(B) the courts of the United States;
§703. Form and venue of proceeding.
(C) the governments of the territories or
possessions of the United States; The form of proceeding for judicial review is the
(D) the government of the District of special statutory review proceeding relevant to the
Columbia; subject matter in a court specified by statute or, in
(E) agencies composed of representatives of the absence or inadequacy thereof, any applicable
the parties or of representatives of organiza- form of legal action, including actions for declara-
tions of the parties to the disputes determined tory judgments or writs of prohibitory or manda-
by them; tory injunction or habeas corpus, in a court of com-
(F) courts martial and military commis- petent jurisdiction. Except to the extent that
sions; prior, adequate, and exclusive opportunity for
(G) military authority exercised in the field judicial review is provided by law, agency action is
in time of war or in occupied territory; or subject to judicial review in civil or criminal pro-
(H) functions conferred by sections 1738, ceedings for judicial enforcement. (Pub. L. 89-554,
1739, 1743, and 1744 of title 12; chapter 2 of Sept. 6, 1966, 80 Stat. 392.)
title 41; or sections 1622, 1884, 1891-1902, and
HISTOrIcAL AND REVISION NOTES
former section 1641(b) (2), of title 50, ap-
Deriva- Revised Statutes and
pendix; and tion U.S. Code Statutes at Large
(2) "person", "rule", "order", "license", "sanc- 5 U.S.C. 1009(b) June 11, 1946, ch. 324,
tion", "relief", and "agency action" have the 1 10(b), 60 Stat. 243.
Page 51 TITLE 5.-GOVERNMENT ORGANIZATION AND EMPLOYEES § 901

Standard changes are made to conform with the defini- (D) without observance of procedure re-
tions applicable and the style of this title as outlined in quired by law:
the preface to the report.
(E) unsupported by substantial evidence in
§ 704. Actions reviewable. a case subject to sections 556 and 557 of this
Agency action made reviewable by statute and final title or otherwise reviewed on the record of an
agency action for which there is no other adequate agency hearing provided by statute; or
remedy in a court are subject to Judicial review. A (F) unwarranted by the facts to the extent
preliminary, procedural, or intermediate agency that the facts are subject to trial de novo by the
action or ruling not directly reviewable is subject to reviewing court.
review on the review of the final agency action. In making the foregoing determinations, the court
Except as otherwise expressly required by statute, shall review the whole record or those parts of it
agency action otherwise final is final for the pur- cited by a party, and due account shall be taken of
poses of this section whether or not there has been the rule of prejudicial error. (Pub. L. 89-554, Sept.
presented or determined an application for a de- 6, 1966, 80 Stat. 393.)
claratory order, for any form of reconsiderations, HISTORICAL AND REVISION NOTES
or, unless the agency otherwise requires by rule and Deriva- Revised Statutes and
provides that the action meanwhile is Inoperative, tion U.S. Code Statutes at Large
for an appeal to superior agency authority. (Pub. 5 U.S.C. 1009(e) June 11, 1946, ch. 324,
1 10(e), 60 Stat. 243.
L. 89-554, Sept. 6, 1966, 80 Stat. 392.)
Standard changes are made to conform with the defini-
HIsTOaRICAL AND REVISION NOTES tions applicable and the style of this title as outlined In
Deriva- Revised Statutes and the preface of this report.
tion U.S. Code Statutes at Large
5 U.S.C. 1009(c) June 11, 1946, ch. 324, Chapter 9,-EXECUTIVE REORGANIZATION
§ 10(c), 60 Stat. 243. Sec.
Standard changes are made to conform with the defini- 901. Purpose.
tions applicable and the style of this title as outlined in 902. Definitions,
the preface of this report. 903. Reorganization plans.
904. Additional contents of reorganization plans.
§705. Relief pending review. 905. Limitations on powers.
Whien an age. v finds that justice so requires, it 906. Effective date and publication of reorganization
ma' postpone the - ective date of ac'. ,', taken by plans.
907. Effect on other laws, pending legal proceedings, and
it, pending Judicial ieview. On sue' eonditions as and unexpended appropriations.
may be required and to the extent 9sary to pre- 908. Rules of Senate and House of Representativeb on
vent irreparable injury, the reviewr' court, includ- reorganization plans.
Ing the court to which a case m.-i be taken on 909. Terms of resolution.
910. Reference of resolution to committee.
appeal from or on application for certiorari or other 911. Discharge of committee considering resolution.
writ to a reviewing court, may lssl,,e all necessary 012. Procedure after report or discharge of committee;
and appropriate process to postpone the effective debate.
date of an agency action or to preserve status or 913. Decisions without debate on motion to postpone
or proceed.
rights pending conclusion of the review proceedings,
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 393.) § 901. Purpose.
HIsroRICAL AND REVISION NOTES (a) The President shall from time to time exam-
Deriva- Revised Statutes and ine the organization of all agencies and shall deter-
tion U.S. Code Statutes at Large mine what changes therein are necessary to accom-
---- 5U.S.C. 1009(d) Juue 11, 1940, ch. 324, plish the following purposes:
1 10(d), 60 Stat. 243. (1) to promote the better execution of the laws,
Standard changes are made to conform with the defini- the more effective management of the executive
tions applicable and the style of this title as outlined in
the preface of this report.
branch and of its agencies and functions, and the
expeditious administration of the public business;
§706. Scope of review. (2) to reduce expenditures and promote econ-
To the extent necessary to decision and when omy to the fullest extent consistent with the effi-
presented, the reviewing court shall decide all rele- cient operation of the Government;
vant questions of law, interpret constitutional and (3) to increase the efficiency of the operations of
statutory provisions, and determine the meaning or the Government to the fullest extent practicable;
applicability of the terms of an agency action. The (4) to group, coordinate, and consolidate
reviewing court shall- agencies and functions of the Government, as
(1) compel agency action unlawfally withheld nearly as may be, according to major purposes;
or unreasonably delayed; and (5) to reduce the number of agencies by consoli-
(2) hold unlawful and set aside agency action, dating those having similar functions under a
findings, and conclusions found to be- single head, and to abolish such agencies or func-
(A) arbitrary, capricious, an abuse of discre- tions thereof as may not be necessary for the
tion, or otherwise not in accordance with law; efficient conduct of the Government; and
(B) contrary to constitutional right, power, (6) to eliminate overlapping and duplication of
privilege, or immunity; effort.
(C) in excess of statutory Jurisdiction, au- (b) Congress declares that the public interest
thority, or limitations, or short of statutory demands the carrying out of the purposes of sub-
right; section (a) of this section and that the purposes may
69-745 0-67-0