---
kind: "range"
citation: "5 U.S.C. §§ 701–706"
title: "5"
from: "701"
to: "706"
count: 6
release: "119-102"
url: "https://uscodex.org/usc/5/701..706"
---

# §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](#b-1) action is committed to [agency](#b-1) discretion by law.
- (b) For the purpose of this chapter—
  - (1) “agency” means each [authority](/usc/5/7103.md?p=a-6) 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](#b-1) 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](/usc/5/7103.md?p=a-6) exercised in the field in time of war or in occupied territory; or
    - (H) functions conferred by sections [1738](/usc/12/1738.md), [1739](/usc/12/1739.md), [1743](/usc/12/1743.md), and [1744](/usc/12/1744.md) of title 12; subchapter II of [chapter 471](/usc/49/chstVII-ptB-ch471.md) of title 49; or sections [1884](/usc/12/1884.md), 1891–1902, and former section 1641(b)(2), of [title 50](/usc/50.md), appendix;[^1] and
  - (2) “person”, “rule”, “order”, “license”, “sanction”, “relief”, and “[agency](#b-1) action” have the meanings given them by [section 551 of this title](/usc/5/551.md).

# §702. Right of review


A person suffering legal wrong because of [agency](/usc/5/701.md?p=b-1) action, or adversely affected or aggrieved by [agency](/usc/5/701.md?p=b-1) action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an [agency](/usc/5/701.md?p=b-1) or an officer or [employee](/usc/5/5361.md?p=1) thereof acted or failed to act in an official capacity or under color of legal [authority](/usc/5/7103.md?p=a-6) shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers [authority](/usc/5/7103.md?p=a-6) to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought.


# §703. Form and venue of proceeding


The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the [agency](/usc/5/701.md?p=b-1) by its official title, or the appropriate officer. Except to the extent that prior, adequate, and exclusive opportunity for judicial review is provided by law, [agency](/usc/5/701.md?p=b-1) action is subject to judicial review in civil or criminal proceedings for judicial enforcement.


# §704. Actions reviewable


[Agency](/usc/5/701.md?p=b-1) action made reviewable by statute and final [agency](/usc/5/701.md?p=b-1) action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate [agency](/usc/5/701.md?p=b-1) action or ruling not directly reviewable is subject to review on the review of the final [agency](/usc/5/701.md?p=b-1) action. Except as otherwise expressly required by statute, [agency](/usc/5/701.md?p=b-1) action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the [agency](/usc/5/701.md?p=b-1) otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior [agency](/usc/5/701.md?p=b-1) [authority](/usc/5/7103.md?p=a-6).


# §705. Relief pending review


When an [agency](/usc/5/701.md?p=b-1) finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an [agency](/usc/5/701.md?p=b-1) action or to preserve status or rights pending conclusion of the review proceedings.


# §706. Scope of review


To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an [agency](/usc/5/701.md?p=b-1) action. The reviewing court shall—

- (1) compel [agency](/usc/5/701.md?p=b-1) action unlawfully withheld or unreasonably delayed; and
- (2) hold unlawful and set aside [agency](/usc/5/701.md?p=b-1) action, findings, and conclusions found to be—
  - (A) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law;
  - (B) contrary to constitutional right, power, privilege, or immunity;
  - (C) in excess of statutory jurisdiction, [authority](/usc/5/7103.md?p=a-6), or limitations, or short of statutory right;
  - (D) without observance of procedure required by law;
  - (E) unsupported by substantial evidence in a case subject to sections [556](/usc/5/556.md) and [557](/usc/5/557.md) of this title or otherwise reviewed on the record of an [agency](/usc/5/701.md?p=b-1) hearing provided by statute; or
  - (F) unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court.

In making the foregoing determinations, the court shall review the whole record or those parts of it cited by a party, and due [account](/usc/5/8401.md?p=1) shall be taken of the rule of prejudicial error.