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October 15, 2004         DOL Home > OALJ Home > Administrative Procedure Act   

5 U.S.C.

§ 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; chapter 2> of title 41; or sections 1622, 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix; 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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