Intelligence Law Glossary - Federal Agency [HTML-Only]


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Federal Agency

Statutory Law

5 U.S.C. § 551 (1) (Title 5—Chapter 5: Administrative Procedure)

“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 [5 U.S.C. § 552]—
(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; chapter 2 of title 41 [41 U.S.C. §§ 101 et seq.]; subchapter II of chapter 471 of title 49 [49 U.S.C. §§ 47151 et seq.]; or sections 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix.

5 U.S.C. § 701(b)(1) (Title 5—Chapter 7: Judicial Review)

For the purpose of this chapter [5 U.S.C. §§ 701 et seq.]—
   (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;
      (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; chapter 2 of title 41 [41 U.S.C. §§ 101 et seq.]; subchapter II of chapter 471 of title 49 [49 U.S.C. §§ 47151 et seq.]; or sections 1884, 1891-1902, and former section 1641(b)(2), of title 50, appendix, […]

5 U.S.C. § 3132(a)(1) (2010) (Title 5—Chapter 31: Authority for Employment)

Definitions and exclusions
(a) For the purpose of this subchapter [5 U.S.C. §§ 3131 et seq.]—
   (1) "agency" means an Executive agency, except a Government corporation and the General Accounting Office [Government Accountability Office], but does not include—
      (A) any agency or unit thereof excluded from coverage by the President under subsection (c) of this section; or
      (B) the Federal Bureau of Investigation, the Drug Enforcement Administration, the Central Intelligence Agency, the Defense Intelligence Agency, the National Geospatial-Intelligence Agency, the National Security Agency, Department of Defense intelligence activities the civilian employees of which are subject to section 1590 of title 10, and as determined by the President, an Executive agency, or unit thereof, whose principal function is the conduct of foreign intelligence or counterintelligence activities;
      (C) the Federal Election Commission or the Election Assistance Commission;
      (D) the Office of the Comptroller of the Currency, the Office of Thrift Supervision,[,] the Resolution Trust Corporation, the Farm Credit Administration, the Federal Housing Finance Agency, and the National Credit Union Administration;
      (E) the Securities and Exchange Commission; or
      (F) the Commodity Futures Trading Commission;

5 U.S.C. § 7103(a)(3) (2010) (Title 5—Chapter 71: Labor-Management Relations)

(a) For the purpose of this chapter [5 U.S.C. §§ 7101 et seq.]— […]
   (3) "Agency" means an Executive agency (including a nonappropriated fund instrumentality described in section 2105(c) of this title [5 U.S.C. § 2105(c)] and the Veterans' Canteen Service, Department of Veterans Affairs), the Library of Congress, the Government Printing Office, and the Smithsonian Institution but does not include—
      (A) the General Accounting Office [Government Accountability Office];
      (B) the Federal Bureau of Investigation;
      (C) the Central Intelligence Agency;
      (D) the National Security Agency;
      (E) the Tennessee Valley Authority;
      (F) the Federal Labor Relations Authority;
      (G) the Federal Service Impasses Panel; or
      (H) the United States Secret Service and the United States Secret Service Uniformed Division.

28 U.S.C. § 451 (2010) (Title 28—Chapter 21: General Provisions Applicable to Courts and Judges)

As used in this title:
[…]
The term "agency" includes any department, independent establishment, commission, administration, authority, board or bureau of the United States or any corporation in which the United States has a proprietary interest, unless the context shows that such term was intended to be used in a more limited sense.

28 U.S.C. § 2671 (Title 28—Chapter 171: Tort Claims Procedure)

As used in this chapter [28 U.S.C. §§ 2671 et seq.] and sections 1346(b) and 2401(b) of this title [28 U.S.C. §§ 1346(b) and 2401(b)], the term "Federal agency" includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States.

44 U.S.C. § 1501 (2010) (Title 44—Chapter 15: Federal Register and Code of Federal Regulations)

As used in this chapter [44 U.S.C. §§ 1501 et seq.], unless the context otherwise requires—
   "Federal agency" or "agency" means the President of the United States, or an executive department, independent board, establishment, bureau, agency, institution, commission, or separate office of the administrative branch of the Government of the United States but not the legislative or judicial branches of the Government;

44 U.S.C. § 2901(14) (2010) (Title 44—Chapter 29: Records Management by the Archivist of the United States and by the Administrator of General Services)

As used in this chapter [44 U.S.C. §§ 2901 et seq.], and chapters 21, 25, 31, and 33 of this title [44 U.S.C. §§ 2101 et seq., 2501 et seq., 3101 et seq., and 3301 et seq.]—
   (14) the term "Federal agency" means any executive agency or any establishment in the legislative or judicial branch of the Government (except the Supreme Court, the Senate, the House of Representatives, and the Architect of the Capitol and any activities under the direction of the Architect of the Capitol);

44 U.S.C. § 3502(1) (2010) (Title 44—Chapter 35: Coordination of Federal Information Policy—Subchapter I: Federal Information Policy)

As used in this subchapter [44 U.S.C. §§ 3501 et seq.]—
   (1) the term "agency" means any executive department, military department, Government corporation, Government controlled corporation, or other establishment in the executive branch of the Government (including the Executive Office of the President), or any independent regulatory agency, but does not include—
      (A) the General Accounting Office [Government Accountability Office];
      (B) Federal Election Commission;
      (C) the governments of the District of Columbia and of the territories and possessions of the United States, and their various subdivisions; or
      (D) Government-owned contractor-operated facilities, including laboratories engaged in national defense research and production activities;

50 U.S.C. § 435b(a)(1) (2010) (Title 50—Chapter 15: National Security--Subchapter F: Access to Classified Information)

(a) Definitions.  In this section:
   (1) The term "agency" means—
      (A) an executive agency (as that term is defined in section 105 of title 5, United States Code [5 U.S.C. § 105]);
      (B) a military department (as that term is defined in section 102 of title 5, United States Code [5 U.S.C. § 102]); and
      (C) an element of the intelligence community.

Administrative Law

Executive Order 12958, Classified National Security Information, § 6.1(b) (1995) (superseded)

“Agency” means any 'Executive agency,' as defined in 5 U.S.C. 105; any 'Military department' as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information.

28 CFR § 25.2 [28 CFR PART 25—DEPARTMENT OF JUSTICE INFORMATION SYSTEMS]

[…]
Federal agency
means any authority of the United States that is an “Agency” under 44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as defined in 44 U.S.C. 3502(10).

32 CFR § 1800.2 [32 CFR CHAPTER XVIII—NATIONAL COUNTERINTELLIGENCE CENTER: 32 CFR PART 1800—PUBLIC ACCESS TO NACIC RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA)]

For purposes of this part, the following terms have the meanings indicated:
[…]
Federal agency
means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);

32 CFR § 1801.2 [32 CFR CHAPTER XVIII—NATIONAL COUNTERINTELLIGENCE CENTER: 32 CFR PART 1801—PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974]

For purposes of this part, the following terms have the meanings indicated:
[…]
Federal agency
means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);

32 CFR § 1803.2 [32 CFR CHAPTER XVIII—NATIONAL COUNTERINTELLIGENCE CENTER: 32 CFR PART 1803—PUBLIC REQUESTS FOR MANDATORY DECLASSIFICATION REVIEW OF CLASSIFIED INFORMATION PURSUANT TO SECTION 3.6 OF EXECUTIVE ORDER 12958]

For purposes of this part, the following terms have the meanings as indicated:
[…]
Federal agency
means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);

32 CFR § 1804.2 [32 CFR CHAPTER XVIII—NATIONAL COUNTERINTELLIGENCE CENTER: 32 CFR PART 1804—ACCESS BY HISTORICAL RESEARCHERS AND FORMER PRESIDENTIAL APPOINTEES PURSUANT TO SECTION 4.5 OF EXECUTIVE ORDER 12958]

For purposes of this part, the following terms have the meanings indicated:
[…]
Federal agency
means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);

32 CFR § 1900.02(g) [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1900—PUBLIC ACCESS TO CIA RECORDS UNDER THE FREEDOM OF INFORMATION ACT (FOIA)]

For purposes of this part, the following terms have the meanings indicated:
(g) Federal agency
 means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);

32 CFR § 1901.02(e) [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1901—PUBLIC RIGHTS UNDER THE PRIVACY ACT OF 1974]

For purposes of this part, the following terms have the meanings indicated:
(e) Federal agency
means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);

32 CFR § 1908.02(e) [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1908—PUBLIC REQUESTS FOR MANDATORY DECLASSIFICATION REVIEW OF CLASSIFIED INFORMATION PURSUANT TO § 3.6 OF EXECUTIVE ORDER 12958]

For purposes of this part, the following terms have the meanings as indicated:
(e) Federal agency
means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);

32 CFR § 1909.02(h) [32 CFR CHAPTER XIX—CENTRAL INTELLIGENCE AGENCY: 32 CFR PART 1909—ACCESS BY HISTORICAL RESEARCHERS AND FORMER PRESIDENTIAL APPOINTEES PURSUANT TO § 4.5 OF EXECUTIVE ORDER 12958]

For purposes of this part, the following terms have the meanings indicated:
(h) Federal agency
means any executive department, military department, or other establishment or entity included in the definition of agency in 5 U.S.C. 552(f);