(a) This chapter applies, according to the provisions thereof, cept to the extent that

(1) statutes preclude judicial review; or

(2) agency action is committed to agency discretion by la (b) For the purpose of this chapter

(1) "agency" means each authority of the Government of United States, whether or not it is within or subject to review another agency, b agency, but does not include

(A) the Congress;

(B) the courts of the United States;

(C) the governments of the territories or possessions the United States;

(D) the government of the District of Columbia;

(E) agencies composed of representatives of the part or of representatives of organizations of the parties to t disputes determined by them;

(F) courts martial and military commissions;

(G) military authority exercised in the field in time d 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, 188 1891-1902, and former section 1641 (b) (2), of title appendix; and

(2) "person", "rule", "order", "license", "sanction", "relief. and "agency action" have the meanings given them by section 55. of this title.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.)

§ 702. Right of review

A person suffering legal wrong because of agency action, or ad versely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action ins court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of leg authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States an indispensable party. The United States may be named as a defend

it in any such action, and a judgment or decree may be entered gainst the United States: Provided, That any mandatory or injuncve decree shall specify the Federal officer or officers (by name or by :le), and their successors in office, personally responsible for compliice. Nothing herein (1) affects other limitations on judicial review the power or duty of the court to dismiss any action or deny relief any other appropriate legal or equitable ground; or (2) confers thority to grant relief if any other statute that grants consent to it expressly or impliedly forbids the relief which is sought. (Pub. L. -554, Sept. 6, 1966, 80 Stat. 392; amended Pub. L. 94-574, Oct. 21, 76, 90 Stat. 2721.)

703. Form and venue of proceeding

The form of proceeding for judicial review is the special statutory view proceeding relevant to the subject matter in a court specified by atute or, in the absence or inadequacy thereof, any applicable form f legal action, including actions for declaratory judgments or writs of rohibitory or mandatory injunction or habeas corpus, in a court of >mpetent jurisdiction. If no special statutory review proceeding is pplicable, the action for judicial review may be brought against the nited States, the agency by its official title, or the appropriate officer. xcept to the extent that prior, adequate, and exclusive opportunity or judicial review is provided by law, agency action is subject to idicial review in civil or criminal proceedings for judical enforceent. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392; amended Pub. L. 1-574, Oct. 21, 1976, 90 Stat. 2721.)

704. Actions reviewable

- Agency action made reviewable by statute and final agency action or which there is no other adequate remedy in a court are subject to adicial review. A preliminary, procedural, or intermediate agency ction or ruling not directly reviewable is subject to review on the eview of the final agency action. Except as otherwise expressly equired by statute, agency action otherwise final is final for the puroses of this section whether or not there has been presented or deterined an application for a declaratory order, for any form of reonsideration, or, unless the agency otherwise requires by rule and rovides that the action meanwhile is inoperative, for an appeal to uperior agency authority. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 392.) 705. Relief pending review

When an agency finds that justice so requires, it may postpone the ffective date of action taken by it, pending judicial review. On such onditions as may be required and to the extent necessary to prevent rreparable injury, the reviewing court, including the court to which case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriite process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 393.)

706. Scope of review

To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitu

tional and statutory provisions, and determine the meaning or plicability of the terms of an agency action. The reviewing o shall

(1) compel agency action unlawfully withheld or unreasona delayed; and

(2) hold unlawful and set aside agency action, findings, conclusions found to be

(A) arbitrary, capricious, an abuse of discretion, or othe wise not in accordance with law;

(B) contrary to constitutional right, power, privilege. immunity;

(C) in excess of statutory jurisdiction, authority, or tations, or short of statutory right;

(D) without observance of procedure required by law: (E) unsupported by substantial evidence in a case sub to sections 556 and 557 of this title or otherwise reviewed: the record of an agency hearing provided by statute; or

(F) unwarranted by the facts to the extent that the fr are subject to trial de novo by the reviewing court. In making the foregoing determinations, the court shall review: whole record or those parts of it cited by a party, and due accor shall be taken of the rule of prejudicial error. (Pub. L. 89-554, S 6, 1966, 80 Stat. 393.)

CHAPTER 9-EXECUTIVE REORGANIZATION

Purpose.

Definitions.

Reorganization plans.

Additional contents of reorganization plan.

Limitations on powers.

Effective date and publication of reorganization plans.

Effect on other laws, pending legal proceedings, and unexpended appropriations.

Rules of Senate and House of Representatives on reorganization plans. Terms of resolution.

Introduction and reference of resolution.

Discharge of committee considering resolution.

Procedure after report or discharge of committee; debate; vote on final disapproval.

01. Purpose

(a) The Congress declares that it is the policy of the United

ates

(1) to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business;

(2) to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; (3) to increase the efficiency of the operations of the Government to the fullest extent practicable;

(4) to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes;

(5) to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and

(6) to eliminate overlapping and duplication of effort. (b) Congress declares that the public interest demands the carryg out of the purposes of subsection (a) of this section and that the rposes may be accomplished in great measure by proceeding under is chapter, and can be accomplished more speedily thereby than by e enactment of specific legislation.

(c) It is the intent of Congress that the President should provide propriate means for broad citizen advice and participation in structuring and reorganizing the executive branch.

(d) The President shall from time to time examine the organizaon of all agencies and shall determine what changes in such organition are necesary to carry out any policy set forth in subsection (a) f this section. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 29.)

§ 902. Definitions

For the purpose of this chapter— (1) "agency" means

(A) an Executive agency or part thereof; and

(B) an office or officer in the executive branch;

but does not include the General Accounting Office or the Coc troller General of the United States;

(2) "reorganization" means a transfer, consolidation, coord tion, authorization, or abolition, referred to in section 903 of: title; and

(3) "officer" is not limited by section 2104 of this title. (Pub. L. 95-17, Apr. 6, 1977, 91 Stat. 30.)

§ 903. Reorganization plans

(a) Whenever the President, after investigation, finds that cha in the organization of agencies are necessary to carry out any po set forth in section 901 (a) of this title, he shall prepare a reorga tion plan specifying the reorganization he finds are necessary. plan may provide for

(1) the transfer of the whole or a part of an agency, or of whole or a part of the functions thereof, to the jurisdictiona control of another agency;

(2) the abolition of all or a part of the functions of an age except that no enforcement function or statutory program be abolished by the plan;

(3) the consolidation or coordination of the whole or a of an agency, or of the whole or a part of the functions ther with the whole or a part of another agency or the funct thereof;

(4) the consolidation or coordination of a part of an ag or the functions thereof with another part of the same agenc the functions thereof;

(5) the authorization of an officer to delegate any of his f tions; or

(6) the abolition of the whole or a part of an agency w agency or part does not have, or on the taking effect of the organization plan will not have, any functions.

The President shall transmit the plan (bearing an identification г ber) to the Congress together with a declaration that, with respec each reorganization included in the plan, he has found that the organization is necessary to carry out any policy set forth in sect 901 (a) of this title.

(b) The President shall have a reorganization plan delivered both Houses on the same day and to each House while it is in sessi except that no more than three plans may be pending before the C gress at one time. In his message transmitting a reorganization pl the President shall specify with respect to each abolition of a functi included in the plan the statutory authority for the exercise of: function. The message shall also estimate any reduction or increase expenditures (itemized so far as practicable), and describe any provements in management, delivery of Federal services, executi of the laws, and increases in efficiency of Government operatic