1940 5 U.S.C.-GOVERNMENT ORGANIZATION—SEC. 704

vided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement. (Codified by Act of September 6, 1966, 80 Stat. 392; formerly 5 U.S.C. § 1009(b); derived from § 10(b), Act of June 11, 1946, 60 Stat. 243.)

§ 704. Actions reviewable.

Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency 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 reconsiderations, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority. (Codified by Act of September 6, 1966, 80 Stat. 392; formerly 5 U.S.C. § 1009 (c) ; derived from § 10(c), Act of June 11, 1946, 60 Stat. 243.)

§ 705. Relief pending review.

When an agency 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 action or to preserve status or rights pending conclusion of the review proceedings. (Codified by Act of September 6, 1966, 80 Stat. 393; formerly 5 U.S.C. § 1009 (d); derived from § 10(d), Act of June 11, 1946, 60 Stat. 243.)

§ 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;

5 U.S.C.-GOVERNMENT ORGANIZATION-SEC. 2953 1941

(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. (Codified by Act of September 6, 1966, 80 Stat. 393; formerly 5 U.S.C. § 1009(e); derived from § 10(e), Act of June 11, 1946, 60 Stat. 243.)

REPORTS TO CONGRESS

§ 2953. Reports to Congress on additional employee requirements. (a) Each report, recommendation, or other communication, of an official nature, of an Executive agency which—

(1) relates to pending or proposed legislation which, if enacted, will entail an estimated annual expenditure of appropriated funds in excess of $1,000,000;

(2) is submitted or transmitted to Congress or a committee thereof in compliance with law or on the initiative of the appropriate authority of the executive branch; and

(3) officially proposes or recommends the creation or expansion, either by action of Congress or by administrative action, of a function, activity, or authority of the Executive agency to be in addition to those functions, activities, and authorities thereof existing when the report, recommendation, or other communication is so submitted or transmitted;

shall contain a statement, concerning the Executive agency, for each of the first 5 fiscal years during which each additional or expanded function, activity, or authority so proposed or recommended is to be in effect, setting forth the following information

(A) the estimated maximum additional

(i) man-years of civilian employment, by general categories of positions;

(ii) expenditures for personal services; and

(iii) expenditures for all purposes other than personal services; which are attributable to the function, activity, or authority and which will be required to be effected by the Executive agency in connection with the performance thereof; and

(B) such other statement, discussion, explanation, or other information as is considered advisable by the appropriate authority of the executive branch or that is required by Congress or a committee thereof.

(b) Subsection (a) of this section does not apply to—

(1) the Central Intelligence Agency;

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1942

5 U.S.C.-GOVERNMENT ORGANIZATION-SEC. 2954

(2) a Government controlled corporation; or

(3) the General Accounting Office.

(Codified by Act of September 6, 1966, 80 Stat. 413; formerly 5 U.S.C. § 642a; derived from § 1, Act of July 25, 1956, 70 Stat. 652.)

§ 2954. Information to committees of Congress on request.

An Executive agency, on request of the Committee on Government Operations of the House of Representatives, or of any seven members thereof, or on request of the Committee on Government Operations of the Senate, or any five members thereof, shall submit any information requested of it relating to any matter within the jurisdiction of the committee. (Codified by Act of September 6, 1966, 80 Stat. 413; formerly 5 U.S.C. § 105a; derived from § 2, Act of May 29, 1948, 45 Stat. 996.)

§ 5595. Severance Pay.

(a) For the purpose of this section-

(1) "agency" means

(A) an Executive agency;

(B) the Library of Congress;

(C) the Government Printing Office; and

(D) the government of the District of Columbia; and

(2) "employee" means

(A) an individual employed in or under an agency; and

(B) an individual employed by a county committee established under section 590h (b) of title 16;

but does not include

(i) an employee whose rate of basic pay is fixed at a rate provided for one of the levels of the Executive Schedule or is in excess of the minimum rate for GS-18;

(ii) an employee serving under an appointment with a definite time limitation, except one so appointed for full-time employment without a break in service of more than 3 days following service under an appointment without time limitation;

(iii) an alien employee who occupies a position outside the several States, the District of Columbia, and the Canal Zone;

(iv) an employee who is subject to subchapter III of chapter 83 of this title or any other retirement statute or retirement system applicable to an employee as defined by section 2105 of this title or a member of a uniformed service and who, at the time of separation from the service, has fulfilled the requirements for immediate annuity under such a statute or system;

(v) an employee who, at the time of separation from the service, is receiving compensation under subchapter I of chapter 81 of this title,

5 U.S.C.-GOVERNMENT ORGANIZATION-SEC. 5595 1943

other than one receiving this compensation concurrently with pay or on account of the death of another individual;

(vi) an employee who, at the time of separation from the service, is entitled to receive other severance pay from the Government;

(vii) an employee of the Tennessee Valley Authority; or

(viii) such other employee as may be excluded by regulations of the President or such other officer or agency as he may designate.

(b) Under regulations prescribed by the President or such officer or agency as he may designate, an employee who—

(1) has been employed currently for a continuous period of at least 12 months; and

(2) is involuntarily separated from the service, not by removal for cause on charges of misconduct, delinquency, or inefficiency;

is entitled to be paid severance pay in regular pay periods by the agency from which separated.

(c) Severance pay consists of

(1) a basic severance allowance computed on the basis of 1 week's basic pay at the rate received immediately before separation for each year of civilian service up to and including 10 years for which severance pay has not been received under this or any other authority and 2 weeks' basic pay at that rate for each year of civilian service beyond 10 years for which severance pay has not been received under this or any other authority; and

(2) an age adjustment allowance computed on the basis of 10 percent of the total basic severance allowance for each year by which the age of the recipient exceeds 40 years at the time of separation.

Total severance pay under this section may not exceed 1 year's pay at the rate received immediately before separation. For the purpose of this subsection, basic pay includes premium pay under section 5545(c)(1) of this title.

(d) If an employee is reemployed by the Government of the United States or the government of the District of Columbia before the end of the period covered by payments of severance pay, the payments shall be discontinued beginning with the date of reemployment and the service represented by the unexpired portion of the period shall be recredited to the employee for use in any later computations of severance pay. For the purpose of subsection (b) (1) of this section, reemployment that causes severance pay to be discontinued is deemed employment continuous with that serving as the basis for severance pay.

(e) If the employee dies before the end of the period covered by payments of severance pay, the payments of severance pay with respect to the employee shall be continued as if the employee were living and shall be paid on a pay period. basis to the survivor of the employee in accordance with section 5582 (b) of this title.

may not

(f) Severance pay under this section is not a basis for payment, and be included in the basis for computation, of any other type of United States or District of Columbia Government benefits. A period covered by severance

1944 5 U.S.C.-GOVERNMENT ORGANIZATION-SEC. 5595

pay is not a period of United States or District of Columbia Government service or employment.

(g) The Secretary of Agriculture shall prescribe regulations to effect the application and operation of this section to an individual named by subsection (a) (2) (B) of this section. (Codified by § 1(34) of the Act of September 11, 1967, 81 Stat. 201; formerly 5 U.S.C. § 1117; derived from § 9, Act of October 29, 1965, 79 Stat. 1118.)