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SELECTED PROVISIONS OF TITLE 5, UNITED STATES

CODE

TITLE 5, UNITED STATES CODE

PART 1—THE AGENCIES GENERALLY

CHAPTER 1-ORGANIZATION

Sec.
101. Executive departments.
102. Military departments.
103. Government corporation.
104. Independent establishment.
105.

Executive agency.
8 101. Executive departments
The Executive departments are:

The Department of State.
The Department of the Treasury.
The Department of Defense.
The Department of Justice.
The Department of the Interior.
The Department of Agriculture.
The Department of Commerce.
The Department of Labor.
The Department of Health and Human Services.
The Department of Housing and Urban Development.
The Department of Transportation.
The Department of Energy.
The Department of Education.

The Department of Veterans Affairs.
§ 102. Military departments
The military departments are:

The Department of the Army.
The Department of the Navy.

The Department of the Air Force.
103. Government corporation
For the purpose of this title

(1) “Government corporation" means a corporation owned or controlled by the Government of the United States; and

(2) “Government controlled corporation” does not include a corporation owned by the Government of the United States.

8 104. Independent establishment

For the purpose of this title, “independent establishment” means

(1) an establishment in the executive branch (other than the United States Postal Service or the Postal Rate Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and

(2) the General Accounting Office. § 105. Executive agency

For the purpose of this title, “Executive agency" means an Executive department, a Government corporation, and an independent establishment.

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SUBCHAPTER IV–ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE

ADMINISTRATIVE PROCESS
Sec. 571. Definitions.
Sec. 572. General authority.
Sec. 573. Neutrals.
Sec. 574. Confidentiality.
Sec. 575. Authorization of arbitration.
Sec. 576. Enforcement of arbitration agreements.
Sec. 577. Arbitrators.
Sec. 578. Authority of the arbitrator.
Sec. 579. Arbitration proceedings.
Sec. 580. Arbitration awards.
Sec. 581. Judicial review.
Sec. 582. [Repealed.]
Sec. 583. Support services.
584.1 Authorization of appropriations.

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SUBCHAPTER II-ADMINISTRATIVE PROCEDURE $ 551. Definitions 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

(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; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix;

1 So in law.

(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, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing;

(5) "rule making" means agency process for formulating, amending, or repealing a rule;

(6) "order" means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing;

(7) "adjudication” means agency process for the formulation of an order;

(8) "license" includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission;

(9) "licensing" includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; (10) "sanction" includes the whole or a part of an agency

(A) prohibition, requirement, limitation, or other condition affecting the freedom of a person;

(B) withholding of relief;
(C) imposition of penalty or fine;

(D) destruction, taking, seizure, or withholding of property;

(E) assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees;

(F) requirement, revocation, or suspension of a license;

or

(G) taking other compulsory or restrictive action;
(11) "relief” includes the whole or a part of an agency-

(A) grant of money, assistance, license, authority, exemption, exception, privilege, or remedy;

(B) recognition of a claim, right, immunity, privilege, exemption, or exception; or

(C) taking of other action on the application or petition of, and beneficial to, a person;

(12) “agency proceeding” means an agency process as defined by paragraphs (5), (7), and (9) of this section;

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