5 U.S.C. § 551: Definitions

the Congress; the courts of the United States; the governments of the territories or possessions of the United States; the government of the District of Columbia; agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; courts martial and military commissions; military authority exercised in the field in time of war or in occupied territory; or 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; 1 1 See References in Text note below. “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency; “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; “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; “rule making” means agency process for formulating, amending, or repealing a rule; “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; “adjudication” means agency process for the formulation of an order; “license” includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; “licensing” includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; prohibition, requirement, limitation, or other condition affecting the freedom of a person; withholding of relief; imposition of penalty or fine; destruction, taking, seizure, or withholding of property; assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; requirement, revocation, or suspension of a license; or taking other compulsory or restrictive action; grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; recognition of a claim, right, immunity, privilege, exemption, or exception; or taking of other action on the application or petition of, and beneficial to, a person; “agency proceeding” means an agency process as defined by paragraphs (5), (7), and (9) of this section; “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 “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. “This title may be cited as the ‘Administrative Pay-As-You-Go Act of 2023’. the term ‘administrative action’ means a ‘rule’ as defined in section 804(3) of title 5 , United States Code; the term ‘agency’ means any authority of the United States that is an ‘agency’ under section 3502(1) of title 44 , United States Code, other than those considered to be independent regulatory agencies, as defined in section 3502(5) of such title; the term ‘covered discretionary administrative action’ means a discretionary administrative action that would affect direct spending; the term ‘direct spending’ has the meaning given that term in section 250(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 ( 2 U.S.C. 900(c) ); the term ‘Director’ means the Director of the Office of Management and Budget; means any administrative action that is not required by law; and includes an administrative action required by law for which an agency has discretion in the manner in which to implement the administrative action; and the budget of the President submitted under section 1105 of title 31 , United States Code; or the supplemental summary of the budget submitted under section 1106 of title 31 , United States Code; with respect to a discretionary administrative action that is incorporated into the applicable projection described in subparagraph (A) and for which a proposal has not been submitted under section 263(a)(2)(A), a projection of the amount of direct spending if no administrative action were taken; or with respect to a discretionary administrative action described in paragraph (6)(B), a projection of the amount of direct spending under the least costly implementation option reasonably identifiable by the agency that meets the requirements under the statute. Before an agency may finalize any covered discretionary administrative action, the head of the agency shall submit to the Director for review written notice regarding the covered discretionary administrative action, which shall include an estimate of the budgetary effects of the covered discretionary administrative action. If the covered discretionary administrative action would increase direct spending, the written notice submitted by the head of the agency under paragraph (1) shall include a proposal to undertake 1 or more other administrative actions that would provide a reduction in direct spending greater than or equal to the increase in direct spending attributable to the covered discretionary administrative action. The Director shall determine whether the reduction in direct spending in a proposal in a written notice from an agency under subparagraph (A) is greater than or equal to the increase in direct spending attributable to the covered discretionary administrative action to which the written notice relates. If the written notice regarding a proposed covered discretionary administrative action that would increase direct spending does not include a proposal to offset the increased direct spending as determined in clause (i), the Director shall return the written notice to the agency for resubmission in accordance with this title. submit to the Director a written opinion by the general counsel of the agency, or the equivalent employee of the agency, explaining that legal conclusion; submit to the Director a projection of the amount of direct spending under the least costly implementation option reasonably identifiable by the agency that meets the requirements under the statute; and consult with the Director regarding implementation of the administrative action. Any projection for purposes of this title shall be conducted in accordance with Office of Management and Budget Circular A–11, or any successor thereto. “Not later than 90 days after the date of enactment of this Act [ June 3, 2023 ], the Director shall issue instructions regarding the implementation of this title, including how covered discretionary administrative actions that increase direct spending and nontax receipts will be evaluated. is necessary for the delivery of essential services; or is necessary for effective program delivery. Any waiver determination under subsection (a) shall be published in the Federal Register. $1,000,000,000 over the 10-year period beginning with the current year; or $100,000,000 in any given year during such 10-year period. “No determination, finding, action, or omission under this title shall be subject to judicial review. “This title shall expire on December 31, 2024 . “Within 180 days of the date of enactment of this Act [ June 3, 2023 ], the Comptroller General shall issue a report on the implementation of this title. a description of the sources of administrative subpoena power and the scope of such subpoena power within executive branch agencies; a description of applicable subpoena enforcement mechanisms; a description of any notification provisions and any other provisions relating to safeguarding privacy interests; a description of the standards governing the issuance of administrative subpoenas; and recommendations from the Attorney General regarding necessary steps to ensure that administrative subpoena power is used and enforced consistently and fairly by executive branch agencies. The Attorney General and the Secretary of the Treasury shall report in January of each year to the Committees on the Judiciary of the Senate and the House of Representatives on the number of administrative subpoenas issued by them under this section and the identity of the agency or component of the Department of Justice or the Department of the Treasury issuing the subpoena and imposing the charges. The reporting requirement of this subsection shall terminate in 3 years after the date of the enactment of this section [ Dec. 19, 2000 ].”