(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; subchapter II
of chapter 471 of title 49; or sections 1884, 1891-1902, and former
section 1641(b)(2), of title 50, appendix;
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(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;
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(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;
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(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;
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(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; and
(13) “agency action” includes the whole
or a part of an agency rule, order, license, sanction, relief, or
the equivalent or denial thereof, or failure to act; and
(14) “ex parte communication”
means an oral or written communication not on the public record with
respect to which reasonable prior notice to all parties is not given,
but it shall not include requests for status reports on any matter
or proceeding covered by this subchapter.
[5 USC 551. As amended
by acts of Sept. 13, 1976 (90 Stat. 1247); July 5, 1994 (108 Stat.
1373); and Jan. 4, 2011 (124 Stat. 3841).]
See part 8, “Procedural
and Organizational Rules,” for sections 552 (under “Rules Regarding
Availability of Information”), 552a (under “Rules Regarding Access
to and Review of Personal Information in Systems of Records”), and
552b (under “Rules Regarding Public Observation of Meetings”).
