
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC706]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                       CHAPTER 7--JUDICIAL REVIEW
 
Sec. 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 action. The reviewing court 
shall--
        (1) compel agency action unlawfully withheld or unreasonably 
    delayed; and
        (2) hold unlawful and set aside agency 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, 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 and 557 of this title or otherwise reviewed on the 
        record of an agency 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 shall be 
taken of the rule of prejudicial error.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 393.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1009(e).             June 11, 1946, ch.
                                                    324, Sec.  10(e), 60
                                                    Stat. 243.
------------------------------------------------------------------------

    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface of this report.


                         Abbreviation of Record

    Pub. L. 85-791, Aug. 28, 1958, 72 Stat. 941, which authorized 
abbreviation of record on review or enforcement of orders of 
administrative agencies and review on the original papers, provided, in 
section 35 thereof, that: ``This Act [enacting section 2112 of Title 28, 
Judiciary and Judicial Procedure, and amending sections 1036 and 1037(c) 
of former Title 5 [now sections 2346 and 2347(c) of Title 28], sections 
8, 9, 193(c), 194(b)-(d), (h), 1115(c), 1599(c), 1600, and 1601 of Title 
7, Agriculture, section 1848 of Title 12, Banks and Banking, sections 
21, 45(b)-(d), 77i(a), 78y(a), 79x(a), 80a-42(a), 80b-13(a), and 
717r(a), (b) of Title 15. Commerce and Trade, section 825l(a), (b) of 
Title 16, Conservation, sections 81r(c) and 1641(b) of Title 19, Customs 
Duties, section 277(b) of Title 20, Education, sections 346a(i)(2), (3), 
371(f)(1), (3) of Title 21, Food and Drugs, section 1631f(b) of Title 
22, Foreign Relations and Intercourse, section 204(h), Title 27, 
Intoxicating Liquors, sections 160(d)-(f) and 210(a) of Title 29, Labor, 
section 576 of former Title 39, The Postal Service, section 291j(b)(1), 
(2) of Title 42, Public Health and Welfare, section 315(f) of Title 45, 
Railroads, section 1181(b) of Title 46, Appendix, Shipping, section 
402(d) of Title 47, Telegraphs, Telephones, and Radiotelegraphs, section 
646(c) of former Title 49, Transportation, and sections 793(a), 820(e), 
821(c), (d) of Title 50, War and National Defense] shall not be 
construed to repeal or modify any provision of the Administrative 
Procedure Act.''

                  Section Referred to in Other Sections

    This section is referred to in section 7123 of this title; title 2 
sections 501, 502, 1409, 1571; title 7 sections 252, 2143; title 8 
section 1182; title 10 section 1508; title 11 section 1172; title 12 
sections 1701q-1, 1723i, 1735f-14, 1735f-15, 3105; title 14 section 425; 
title 15 sections 57a, 78y, 1262, 1474, 2618, 5408, 6503, 6751; title 16 
sections 773f, 839f, 973f, 1379, 1855, 1858, 2437, 3142, 3636, 5010, 
5507; title 18 sections 843, 3625; title 19 section 1337; title 22 
section 4140; title 25 section 954; title 28 sections 1491, 2640, 3902; 
title 29 sections 727, 1813, 1853; title 30 sections 956, 1462; title 39 
section 3628; title 41 section 422; title 42 sections 300gg-22, 610, 
3545, 5405, 5919, 6976, 7607, 9152; title 45 sections 726, 904, 915, 
1105; title 47 section 402; title 49 sections 20104, 32904; title 50 
App. section 2412.
