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5 U.S.C. § 701 — Application; definitions
Federal law — U.S. Code and appendices · legal_authorities
**(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; 11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
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Source location: Title 5, Chapter 7, § 701; chapter-007-judicial-review.md
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**(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; 11 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Committee Meetings.—**
(1) **Open to public.—** — Each advisory committee meeting shall be open to the public.
(2) **Notice of meetings.—** — Except when the President determines otherwise for reasons of national security, timely notice of each meeting shall be published in the Federal Register, and the Administrator shall prescribe regulations to provide for other types of public notice to insure that all interested persons are notified of each meeting in advance.
(3) **Participation.—** — Interested persons shall be permitted to attend, appear before, or file statements with any advisory committee, subject to such reasonable rules or regulations as the Administrator may prescribe.
**(b) Public Inspection and Copying of Records.—** Subject to [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim), the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection and copying at a single location in the offices of the advisory committee or the agency to which the advisory committee reports until the advisory committee ceases to exist.
**(c) Minutes.—** Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee. The accuracy of all minutes shall be certified by the chairman of the advisory committee.
**(d) Closed Sessions.—** Paragraphs (1) and (3) of subsection (a) shall not apply to any portion of
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(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;
or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)—
(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; 11 See References in Text note below.
(2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency;
(3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;
(4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Maintenance of file and index of Presidential orders, rules and regulations during national emergency** When the President declares a national emergency, or Congress declares war, the President shall be responsible for maintaining a file and index of all significant orders of the President, including Executive orders and proclamations, and each Executive agency shall maintain a file and index of all rules and regulations, issued during such emergency or war issued pursuant to such declarations.
**(b) Presidential orders, rules and regulations; transmittal to Congress** All such significant orders of the President, including Executive orders, and such rules and regulations shall be transmitted to the Congress promptly under means to assure confidentiality where appropriate.
**(c) Expenditures during national emergency; Presidential reports to Congress** When the President declares a national emergency or Congress declares war, the President shall transmit to Congress, within ninety days after the end of each six-month period after such declaration, a report on the total expenditures incurred by the United States Government during such six-month period which are directly attributable to the exercise of powers and authorities conferred by such declaration. Not later than ninety days after the termination of each such emergency or war, the President shall transmit a final report on all such expenditures.
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Federal law — U.S. Code and appendices · legal_authorities
A Council of National Defense is established, for the coordination of industries and resources for the national security and welfare, to consist of the Secretary of the Army, the Secretary of the Navy, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, and the Secretary of Labor.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts Feb. 8, 1887, ch. 119, § 1, 24 Stat. 388; Feb. 28, 1891, ch. 383, § 1, 26 Stat. 794; June 25, 1910, ch. 431, § 17, 36 Stat. 859, related to allotments of irrigable and nonirrigable land on reservations.
#### Codification
Section was based on section 1 of act Feb. 8, 1887, as amended generally by section 1 of act Feb. 28, 1891, which was amended generally, by act June 25, 1910. The amendment by act June 25, 1910, to section 1 of act Feb. 28, 1891, was treated as an amendment to section 1 of act Feb. 8, 1887, to reflect the probable intent of Congress, and this section was based on the text of section 1 of act Feb. 28, 1891, as so amended. The repeal by Pub. L. 106–462 of section 1 of act Feb. 8, 1887, was executed by repealing this section, to reflect the probable intent of Congress.
#### Short Title of 2018 Amendment
Pub. L. 115–399, § 1, Dec. 31, 2018, 132 Stat. 5331, provided that: “This Act [enacting and amending provisions set out as notes under [section 355 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title25-section355&num=0&edition=prelim)] may be cited as the ‘Stigler Act Amendments of 2018’.”
#### Short Title of 1987 Amendment
Pub. L. 100–153, § 1, Nov. 5, 1987, 101 Stat. 886, provided that: “This Act [amending sections 373, 1401, and 2301 of this title and [section 4421 of Title 20](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section4421&num=0&edition=prelim), Education, and amending provisions set out as a note under this section] may be cited as the ‘Indian Law Technical Amendments of 1987’.”
#### Short Title
Act Feb. 8, 1887, ch. 119, 24 Stat. 388, as amended, enacting this section and sections 332 to 334, 339, 341, 342, 348, 349, 354, and 381 of this title, is po
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies Prescribed by the President.—** The President may prescribe policies and directives that the President considers necessary to carry out this subtitle. The policies must be consistent with this subtitle.
**(b) Accounting Principles and Standards.—**
(1) **Prescription.—** — The Comptroller General, after considering the needs and requirements of executive agencies, shall prescribe principles and standards of accounting for property.
(2) **Property accounting systems.—** — The Comptroller General shall cooperate with the Administrator of General Services and with executive agencies in the development of property accounting systems and approve the systems when they are adequate and in conformity with prescribed principles and standards.
(3) **Compliance review.—** — From time to time the Comptroller General shall examine the property accounting systems established by executive agencies to determine the extent of compliance with prescribed principles and standards and approved systems. The Comptroller General shall report to Congress any failure to comply with the principles and standards or to adequately account for property.
**(c) Regulations by Administrator.—**
(1) **General authority.—** — The Administrator may prescribe regulations to carry out this subtitle.
(2) **Required regulations and orders.—** — The Administrator shall prescribe regulations that the Administrator considers necessary to carry out the Administrator’s functions under this subtitle and the head of each executive agency shall issue orders and directives that the agency head considers necessary to carry out the regulations.
**(d) Delegation of Authority by Administrator.—**
(1) **In general.—** — Except as provided in paragraph (2), the Administrator may delegate authority con
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Federal law — U.S. Code and appendices · legal_authorities
No person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance.
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Federal law — U.S. Code and appendices · legal_authorities
Page 228
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 701
1 See References in Text note below.
appear as amicus curiae in any action brought
in a court of the United States to review a rule.
In any such action, the Chief Counsel is author-
ized to present his or her views with respect to
compliance with this chapter, the adequacy of
the rulemaking record with respect to small en-
tities and the effect of the rule on small enti-
ties.
(c) A court of the United States shall grant
the application of the Chief Counsel for Advo-
cacy of the Small Business Administration to
appear in any such action for the purposes de-
scribed in subsection (b).
(Added Pub. L. 96–354, § 3(a), Sept. 19, 1980, 94
Stat. 1170; amended Pub. L. 104–121, title II,
§ 243(b), Mar. 29, 1996, 110 Stat. 866.)
Editorial Notes
AMENDMENTS
1996—Subsec. (a). Pub. L. 104–121, § 243(b)(1), which di-
rected substitution of ‘‘the Committees on the Judici-
ary and Small Business of the Senate and House of Rep-
resentatives’’ for ‘‘the committees on the Judiciary of
the Senate and the House of Representatives, the Se-
lect Committee on Small Business of the Senate, and
the Committee on Small Business of the House of Rep-
resentatives’’, was executed by making the substi-
tution for ‘‘the Committees on the Judiciary of the
Senate and House of Representatives, the Select Com-
mittee on Small Business of the Senate, and the Com-
mittee on Small Business of the House of Representa-
tives’’ to reflect the probable intent of Congress.
Subsec. (b). Pub. L. 104–121, § 243(b)(2), substituted
‘‘his or her views with respect to compliance with this
chapter, the adequacy of the rulemaking record with
respect to small entities and the’’ for ‘‘his views with
respect to the’’.
Statutory Notes and Related S
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