webster doe argued january decided june section national security act nsa authorizes director central intelligence agency cia discretion terminate employment cia employee whenever shall deem termination necessary advisable interests respondent covert electronics technician cia employ voluntarily informed agency homosexual discharged director petitioner predecessor respondent filed suit petitioner federal district declaratory injunctive relief alleging violations administrative procedure act apa rights property liberty privacy first fourth fifth ninth amendments rights procedural due process equal protection laws fifth amendment granted respondent motion partial summary judgment apa claim declining address constitutional claims appeals vacated judgment remanded agreed district judicial review apa petitioner termination decisions made nsa precluded provision apa renders act inapplicable whenever statutes preclude judicial review agency action committed agency discretion law however held district erred ruling merits held title precludes judicial review apa cia director termination decisions nsa section applies statute drawn broad terms given case law apply meaningful standard judge agency exercise discretion allowing termination whenever director shall deem necessary advisable simply dismissal necessary advisable fairly exudes deference director forecloses application meaningful judicial standard review assessing termination decision short permitting director implementation committed agency discretion law also strongly suggested overall structure nsa vests director broad authority protect intelligence sources methods unauthorized disclosure section integral part structure cia efficacy nation security depend large measure reliability trustworthiness cia employees pp district review respondent constitutional claims precluded nsa petitioner view cia employment termination decisions even based policies normally repugnant constitution given director absolute discretion supported required heightened showing clear congressional intent although commit termination decisions director discretion remove judicial review determinations specifically identified congress committed agency discretion law nothing demonstrates congress meant preclude consideration colorable constitutional claims arising director actions pursuant section petitioner contention judicial review constitutional claims entail extensive rummaging around cia affairs detriment national security persuasive since claims attacking cia employment policies title vii civil rights act routinely entertained federal district latitude control discovery process order balance respondent need access proof cia extraordinary need confidentiality petitioner contention congress interest national security may deny courts authority decide respondent colorable constitutional claims arising discharge order reinstatement claims upheld also without merit since congress mean impose restrictions enacted even without prohibitory legislation traditional equitable principles requiring balancing public private interests control grant declaratory injunctive relief remand district thus address respondent constitutional claims propriety equitable remedies sought pp rehnquist delivered opinion brennan white marshall blackmun stevens joined parts ii joined filed opinion concurring part dissenting part post scalia filed dissenting opinion post kennedy took part consideration decision case solicitor general fried argued cause petitioner briefs assistant attorney general willard deputy solicitor general ayer paul larkin barbara herwig barbara biddle david doherty bruce burke mark lynch argued cause respondent brief william allen elliott schulder john powell helen hershkoff steven shapiro randall glenn wick susan mcgreivy matthew coles mary dunlap filed brief national organization gay lesbian scientists technical professionals et al amici curiae urging affirmance jeffrey liss laura foggan nan hunter filed brief employment law center et al amici curiae chief justice rehnquist delivered opinion section national security act stat amended provides director central intelligence may discretion terminate employment officer employee agency whenever shall deem termination necessary advisable interests respondent john doe first employed central intelligence agency cia agency received periodic fitness reports consistently rated excellent outstanding employee respondent promoted position covert electronics technician january respondent voluntarily informed cia security officer homosexual almost immediately agency placed respondent paid administrative leave pending investigation sexual orientation conduct february february respondent extensively questioned polygraph officer concerning homosexuality possible security violations respondent denied sexual relations foreign nationals maintained disclosed classified information sexual partners interviews officer told respondent polygraph tests indicated truthfully answered questions polygraph officer prepared summary interviews respondent respondent allowed attach addendum april cia security agent informed respondent agency office security determined respondent homosexuality posed threat security declined explain nature danger respondent asked resign refused office security recommended cia director petitioner predecessor respondent dismissed reviewing respondent records evaluations subordinates director deemed necessary advisable interests terminate respondent employment agency pursuant section national security act respondent also advised cia give positive recommendation future job search applied job requiring security clearance agency inform prospective employer concluded respondent homosexuality presented security threat respondent filed action petitioner district district columbia respondent amended complaint asserted variety statutory constitutional claims director respondent alleged director decision terminate employment violated administrative procedure act apa arbitrary capricious represented abuse discretion reached without observing procedures required law cia regulations also complained director termination employment deprived constitutionally protected rights property liberty privacy violation first fourth fifth ninth amendments finally asserted dismissal transgressed procedural due process equal protection laws guaranteed fifth amendment respondent requested declaratory judgment director violated apa constitution asked district injunction ordering petitioner reinstate position held cia prior dismissal alternative remedy suggested returned paid administrative leave petitioner ordered reevaluate respondent employment termination provide statement reasons adverse final determination respondent sought monetary damages amended complaint petitioner moved dismiss respondent amended complaint ground national security act nsa precludes judicial review director termination decisions provisions apa set forth supp iv section provides judicial review person suffering legal wrong agency action adversely affected aggrieved agency action within meaning relevant statute section instructs action seeking relief money damages stating claim agency officer employee thereof acted failed act official capacity color legal authority shall dismissed relief therein denied ground indispensable party scope judicial review however circumscribed see supra availability predicated satisfying requirements provides chapter applies according provisions thereof except extent statutes preclude judicial review agency action committed agency discretion law divided panel appeals district columbia circuit vacated district judgment remanded case proceedings appeals first decided judicial review apa agency decision terminate respondent precluded turning merits appeals found agency must normally follow regulations cia regulations cited respondent limit director discretion making termination decisions moreover regulations state respect terminations pursuant director need follow standard discharge procedures may direct employee separated immediately without regard suggested procedural steps majority thus concluded cia regulations provide independent source procedural substantive protection appeals went hold respondent must demonstrate director action arbitrary capricious exercise power discharge employees record unclear certain points critical respondent claim relief appeals remanded case district determination reason director termination respondent granted certiorari decide question whether director decision discharge cia employee nsa judicially reviewable apa ii apa comprehensive provisions set forth ed supp iv allow person adversely affected aggrieved agency action obtain judicial review thereof long decision challenged represents final agency action adequate remedy typically litigant contest action failure act agency ground agency neglected follow statutory directives congress section however limits application entire apa situations judicial review precluded statute see agency action committed agency discretion law see citizens preserve overton park volpe explained distinction subsection concerned whether congress expressed intent prohibit judicial review subsection applies rare instances statutes drawn broad terms given case law apply citing explained means action committed agency discretion law heckler chaney heckler required determine whether food drug administration decision undertake enforcement proceeding use certain drugs administering death penalty subject judicial review noted even congress affirmatively precluded judicial oversight review statute drawn meaningful standard judge agency exercise discretion since statute conferring power food drug administration prohibit unlawful misbranding misuse drugs provided substantive standards base review found enforcement actions committed complete discretion fda decide pursued overton park heckler emphasized requires careful examination statute claim agency illegality based highway act overton park federal food drug cosmetic act heckler present case respondent claims cia arise director asserted violation nsa initial matter noted allows termination agency employee whenever director shall deem termination necessary advisable interests emphasis added simply dismissal necessary advisable interests standard fairly exudes deference director appears us foreclose application meaningful judicial standard review short permitting director concerning views nation security whether discharged employee inimical interests see basis reviewing properly assess agency termination decision language thus strongly suggests implementation committed agency discretion law overall structure nsa passed shortly close second world war nsa created cia gave director responsibility protecting intelligence sources methods unauthorized disclosure see section integral part statute agency efficacy nation security depend large measure reliability trustworthiness agency employees recognized snepp employment cia entails high degree trust perhaps unmatched government service overriding need ensuring integrity agency led us uphold director use nsa withhold identities protected intelligence sources cia sims denying respondent freedom information act requests sims produce certain cia records stated plain meaning statutory language well legislative history national security act indicates congress vested director central intelligence broad authority protect sources intelligence information disclosure section portion nsa consideration present case part parcel entire act likewise exhibits act extraordinary deference director decision terminate individual employees thus find language structure indicate congress meant commit individual employee discharges director discretion accordingly precludes judicial review decisions apa reverse appeals extent found terminations reviewable courts iii addition claim director failed abide statutory dictates respondent also alleged number constitutional violations amended complaint respondent charged petitioner termination employment deprived property liberty interests due process clause fifth amendment denied equal protection laws unjustifiably burdened right privacy respondent asserts entitled apa judicial consideration claimed violations share confusion appeals precise nature respondent constitutional claims difficult impossible ascertain amended complaint whether respondent contends termination based homosexuality constitutionally impermissible whether asserts pervasive discrimination policy exists cia employment practices regarding homosexuals ambiguity amended complaint doubt attributable part inconsistent explanations respondent received agency regarding termination prior discharge respondent told two cia security officers homosexual activities violated cia regulations contrast deputy general counsel cia later informed respondent homosexuality merely security concern inevitably result termination instead evaluated basis petitioner maintains matter nature respondent constitutional claims judicial review precluded language intent petitioner view agency employment termination decisions even based policies normally repugnant constitution given absolute discretion director hence unreviewable apa think may read exclude review constitutional claims emphasized johnson robison congress intends preclude judicial review constitutional claims intent must clear weinberger salfi reaffirmed view require heightened showing part avoid serious constitutional question arise federal statute construed deny judicial forum colorable constitutional claim see bowen michigan academy family physicians review convinces us bear preclusive weight petitioner support detailed section commit employment termination decisions director discretion precludes challenges decisions based upon statutory language discharged employee thus complain termination necessary advisable interests since assessment director alone subsections however remove judicial review determinations specifically identified congress committed agency discretion law nothing persuades us congress meant preclude consideration colorable constitutional claims arising actions director pursuant section believe constitutional claim based individual discharge may reviewed district agree appeals must proceedings district issue petitioner complains judicial review even constitutional claims entail extensive rummaging around agency affairs detriment national security see tr oral arg petitioner acknowledges title vii claims attacking hiring promotion policies agency routinely entertained federal see reply brief petitioner tr oral arg inquiry discovery associated proceedings seem involve sort rummaging furthermore district latitude control discovery process may instituted balance respondent need access proof support colorable constitutional claim extraordinary needs cia confidentiality protection methods sources mission see kerr district reynolds petitioner also contends even respondent raised colorable constitutional claim arising discharge congress interest national security may deny courts authority decide claim order respondent reinstatement claim upheld reasons previously stated think congress meant impose restrictions enacted nsa even without prohibitory legislation congress course traditional equitable principles requiring balancing public private interests control grant declaratory injunctive relief federal courts weinberger hecht bowles remand district thus address respondent constitutional claims propriety equitable remedies sought judgment appeals affirmed part reversed part case remanded proceedings consistent opinion ordered footnotes see amended complaint title provides pertinent part scope review extent necessary decision presented reviewing shall decide relevant questions law interpret constitutional statutory provisions determine meaning applicability terms agency action reviewing shall compel agency action unlawfully withheld unreasonably delayed hold unlawful set aside agency action findings conclusions found arbitrary capricious abuse discretion otherwise accordance law contrary constitutional right power privilege immunity excess statutory jurisdiction authority limitations short statutory right without observance procedure required law doe casey app citing cia regulation hr arbitrary capricious standard derived see supra dissenting judge argued congress intended preclude review creating decision discharge employee committed section agency discretion concluded neither statutory constitutional claims arising discharge judicially reviewable apa understand petitioner concedes agency failure follow regulations challenged apa violation see reply brief appellant cadc doe casey app see also service dulles recognizing right federal courts review agency actions ensure regulations followed sampson murray stating federal courts authority review claim discharged governmental employee agency effectuating discharge followed administrative regulations appeals however found cia regulations plainly protect discretion granted director regulations provid independent source procedural substantive protections doe casey supra thus since petitioner prevailed ground seek review question reach issue petitioner asserts see brief petitioner respondent fails present colorable constitutional claim asserts general cia policy employing homosexuals petitioner relies decision bowers hardwick support view question presented petition certiorari decline consider stage litigation justice concurring part dissenting part agree administrative procedure act apa authorize judicial review employment decisions referred national security act provide meaningful standard judicial review decisions clearly committed agency discretion law within meaning provision apa set forth understand say exception necessarily fully defined reference statutes drawn broad terms given case law apply see citizens preserve overton park volpe quoted ante accordingly join parts ii opinion disagree however conclusion constitutional claim challenging validity employment decision covered may nonetheless brought federal district whatever may exact scope congress power close lower federal courts constitutional claims contexts doubt authority functions performed central intelligence agency director central intelligence lie core delicate plenary exclusive power president sole organ federal government field international relations export authority director central intelligence control access sensitive national security information discharging employees deemed untrustworthy flows primarily constitutional power president congress may surely provide inferior federal courts used infringe president constitutional authority see department navy egan totten section plainly indicates congress done exactly points nothing structure purpose legislative history national security act suggest different conclusion accordingly respectfully dissent decision allow lawsuit go forward justice scalia dissenting agree apparent holding part ii opinion ante director decision terminate cia employee committed agency discretion law within meaning see decision either practically legally unreviewable yet reviewable constitutional defect regard part iii opinion essentially undoing part ii therefore respectfully dissent judgment proceeding address part iii opinion think error must discuss one significant element analysis part ii though subscribe analysis disagree description required come within subsection provides judicial review unavailable extent agency action committed agency discretion law discussion ante suggests appeals correct holding provision triggered law apply see doe casey app see buckley dissenting precedents amply show commit ment agency discretion law includes limited situations law apply relies law apply formulation upon discussion heckler chaney however apply sole criterion applicability contrary discussed subject action general unsuitability review adverted tradition case law sound reasoning moreover supporting authority law apply test cited chaney observation citizens preserve overton park volpe legislative history administrative procedure act indicates applicable rare instances statutes drawn broad terms given case law apply perhaps overton park discussed law apply factor basis nonreviewability even arguably applicable surely believed factor exclusive contradict legislative history cited quoted opinion derived read full basic exception matters committed agency discretion apply even stated outset judicial review chapter example statutes drawn broad terms given case law apply courts course statutory question review emphasis added law apply test account nonreviewability certain issues falls far short explaining full scope areas courts excluded fact governmental decision subject fair number legal constraints precise enough susceptible judicial application beginning fundamental constraint decision must taken order public purpose rather purely private interest yet many governmental decisions subject judicial review attorney decision prosecute example reviewed claim prompted personal animosity thus law apply provides much less full answer whether applies key understanding committed agency discretion law provision lies contrasting statutes preclude judicial review provision statutes preclusion much general term law commission agency discretion answer implied chaney latter intended refer common law judicial review agency action body jurisprudence marked less precision certain issues certain areas beyond range judicial review jurisprudence included principles ranging political question doctrine sovereign immunity including doctrines determining suit officer deemed suit sovereign official immunity prudential limitations upon courts equitable powers described precisely traditional respect functions branches reflected statement marbury madison cranch head department acts case executive discretion exercised mere organ executive repeated application control respect conduct rejected without hesitation see chicago southern air lines waterman switchmen national mediation board george bush reaves ainsworth confiscation cases wall martin mott wheat common law embraced within true generally understood intended result restate existing law area reviewable agency action attorney general manual administrative procedure act meaning provision continued take account purposes determining reviewability text structure statute agency acts factors whether decision involves sensitive inherently discretionary judgment call department navy egan whether sort decision traditionally nonreviewable icc locomotive engineers chaney supra whether review disruptive practical consequences see southern seaboard allied milling explains seeming contradiction disallowance review extent action committed agency discretion injunction shall set aside agency action constitutes abuse discretion since former provision committed agency discretion law means sort traditionally unreviewable operates keep certain categories agency action courts agency action appropriately courts abuse discretion course grounds reversal law shaped course centuries still developing application new contexts possibly contained within phrase law apply surprising although recites test really apply like opinions relying upon one essentially announces test declares victory moves really true meaningful standard judge agency exercise discretion ante quoting chaney standard set forth national security act necessary advisable interests least excludes dismissal personal vindictiveness director wants give job cousin theory respondent entitled assert presence excesses abuse discretion standard come consider reviewability dismissal present one ground violated agency regulations question avoids today see ante difference law apply test consider correct test crucial perhaps dismissal violation regulations reviewed simply regulations provide standard makes review possible thus agree holding part ii opinion though soon appear holding seems undone holding part iii different reasoning ii taking reader terrain holding respondent may assert constitutional claims suit like try clear underbrush consisting primarily ominous warning serious constitutional question arise federal statute construed deny judicial forum colorable constitutional claim ante quoting bowen michigan academy family physicians first response grave doubt constitutionality denying judicial review colorable constitutional claim denial judicial review issue merely denial review district courts law long clear article iii constitution extends judicial power cases arising constitution article iii provides judicial power shall vested one inferior courts congress may time time ordain establish emphasis added long ago held power create lower federal courts includes power invest less judicial power constitution defined limits judicial power prescribed much shall exercised circuit consequently statute prescribe limits jurisdiction conflict constitution unless confers powers enumerated therein sheldon sill fairly argued however interpretation indirectly implicates constitutional question whether state courts deprived jurisdiction interpreting exclude relief impute congress peculiar intent let state courts review federal government action unwilling let federal district courts review alternatively peculiar intent let federal district courts review upon removal state courts pursuant claims unwilling let federal district courts review original actions turn substance warning judicial review colorable constitutional claims arising respondent dismissal may well constitutionally required possibly basis fear surely general principle constitutional violations must remediable courts text constitution refutes principle since provides ach house shall judge elections returns qualifications members art speech debate either house senators representatives shall questioned place art claims concerning constitutional violations committed contexts example rather grave constitutional claim election stolen addressed courts see morgan app even apart strict text constitution found constitutional claims beyond judicial review involve political questions see coleman miller ohio ex rel bryant akron metropolitan park district doctrine sovereign immunity repealed constitution contrary least partly reaffirmed eleventh amendment monument principle constitutional claims go unheard one suggest congress passed tucker act courts able order disbursements treasury pay property taken lawful authority subsequently destroyed without compensation see schillinger finally doctrine equitable discretion permits refuse relief even relief law available unduly impair public interest stand aside simply basis relief constitutional claim sum simply untenable must judicial remedy every constitutional violation members congress supervising officers executive branch take oath uphold constitution sometimes left perform oath unreviewed always perhaps means appeal limited principle although may areas judicial review constitutional claim denied scope areas fixed constitution judicial tradition affected congress enactment statute rather counterintuitive principle especially since congress reality principal determiner scope review constitutional claims well claims waiver doctrine sovereign immunity merits point however seems clear courts entertain example action backpay dismissed secretary state claiming reason lost government job president like religious views surely colorable violation first amendment confident hold president choice secretary state political question similar suit deputy secretary state one secretaries assistant secretary head european desk really constitutional line falls immutable point one another offices principle unreviewability cuts altered congressional prescription think think congress prescribe least within broad limits certain jobs dismissal decision unreviewable committed agency discretion law acknowledged think must constitutional claims require judicial remedy identification even within narrow limits determined congress clear serious constitutional question feared illusion indeed seems one mood worry serious constitutional questions one worry whether congress enacting give president director central intelligence unreviewable discretion firing agents employs gather military foreign affairs intelligence rather whether congress constitutionally permit courts review decisions wanted acknowledged courts intervene textually demonstratable constitutional commitment issue coordinate political department baker carr recognized insistence evident number clauses devoted subject constitution confers authority army navy militia upon political branches stanley also recognized delicate plenary exclusive power president sole organ federal government field international relations power require basis exercise act congress export finally acknowledged impossible government wisely make critical decisions foreign policy national defense without benefit dependable foreign intelligence snepp per curiam thus recognized authority classify control access information bearing national security determine whether individual sufficiently trustworthy occupy position executive branch give person access information flows primarily constitutional investment power president exists quite apart explicit congressional grant department navy egan emphasis added think entirely beyond doubt congress intended apa exclude judicial review president decision director central intelligence dismiss officer central intelligence agency disposition constitutionally permissible iii turn whether executive action within meaning committed agency discretion law discussion point brief answer compellingly obvious section national security act stat notwithstanding provisions law director central intelligence may discretion terminate employment officer employee agency whenever shall deem termination necessary advisable interests emphasis added baffling observe seems agree foregoing assessment holding language structure indicate congress meant commit individual employee discharges director discretion ibid nevertheless without explanation reaches conclusion constitutional claim based individual discharge may reviewed district ante seems attempting impossible feat cake eating opinion discharged employee complain termination necessary advisable interests since assessment director alone ante emphasis added two sentences later says othing persuades us congress meant preclude consideration colorable constitutional claims arising actions director pursuant section believe former case end assessment really director alone conceivable basis review respondent dismissal case dismissal really result assessment director respondent never contended counsel formally advised letter may director deemed necessary advisable interests terminate client employment agency pursuant section app petitioner filed affidavit director dated september stating fter careful consideration matter determined termination doe employment necessary advisable interests exercising discretion authority granted section terminated doe employment even basis director assessment respondent homosexuality even connection interests irrational hence unconstitutional one assessment really director alone nothing litigate imagine expects proceedings district commands ante consist unless perhaps academic seminar relationship homosexuality security risk even district persuaded relationship exists assessment director alone since disposition contradicts fair assurances must assume judgment longer director alone rather director alone except extent colorably claimed judgment unconstitutional turn question exception comes discussed length earlier constitution assuredly require text statute true gives director absolute discretion dismiss otwithstanding provisions law emphasis added one hardly expected say otwithstanding provisions law constitution provision directly addresses authority dismiss authority courts review dismissal director authority dismiss violation constitution congress give implication nonreviewability text manifestation action meant committed agency discretion weaker regard constitutional claims nonconstitutional claims unless one accepts unacceptable proposition basis committal law apply perhaps constitutional right nature much important claimant statutory right statute plainly excludes latter read exclude former unless says principle never announced good reason premise true individual contention government reneged upon debt owing contract much important financially suspect sense injustice feels individual claim particular federal licensing provision requiring license denies equal protection laws particular state tax violates commerce clause citizen much rather statutory entitlement correctly acknowledged constitutionally inadequate hearing incorrectly denied proceeding fulfills requirements due process clause respect constitutional claim necessarily significant kind claim regardless trivial importance may case hand asserted action legislature whereas nonconstitutional claim matter significant important distinction one relevant constitutional analysis conducted relevance question whether executive violations statute executive violations constitution equally unlawful neither said priori harmful unfair plaintiff one category favored presumption exclusion judicial review even assume however contrary reason every constitutional claim ipso facto worthy every statutory claim less worthy judicial review basis writing preference statute makes distinction two rejected judicial rewriting legislation even appealing situation particular applications statute merely less desirable fact raise grave constitutional doubts said permits us adopt one rather another permissible reading statute altering terms ignore legislative order avoid constitutional adjudication commodity futures trading schor textual basis reading statute barring nonconstitutional claims read barring claims monetary worth less million neither two decisions cited sustain power read limitation constitutional claims remotely supports proposition johnson robison considered statute precluding judicial review decisions administrator question law fact law administered veterans administration quoting concluded statute bar judicial review challenge constitutionality statute since challenge decision administrator decision congress holding based upon text upon judicial power read constitutional claims exception weinberger salfi held statute depriving district courts jurisdiction claim arising title ii social security act embrace even constitutional challenges since language quite different issue johnson extend ed action seeking recover social security claim irrespective whether resort judicial processes necessitated allegedly unconstitutional statutory restrictions salfi sure another statutory provision available enable judicial review constitutional claim observed distinction justify drawing line basis statute commodity futures trading schor supra seeks downplay harm produced today decision observing petitioner acknowledges title vii claims attacking hiring promotion policies agency routinely entertained federal ante citing reply brief petitioner tr oral arg assuming suits statutorily authorized willing accept director assertion suits regarding hiring promotion tolerable suit regarding dismissal like basis knowledge deny especially since obvious director thinks particular hiring promotion suit genuinely contrary interests simply make hiring grant promotion dismiss prospective litigant harm done today decision contrary congress knows preferable brings significant process intelligence services forum belong neither constitution laws common sense gives individual right come litigate reasons dismissal intelligence agent course valid constitutional claims today decision makes basis judicial review director action colorable constitutional claims whether meritorious determining whether colorable fact meritorious necessarily review entire decision director denies example respondent contention present case dismissed homosexual possibly resolve dispute without knowing good reasons might see latitude control discovery process ante justify refusal permit inquiry least camera presumably expected evaluate whether agent really fail secret mission documents needed make interesting reading district judges perhaps others throughout country course agency seek protect ultimately authorized assertion executive privilege nixon power invoked extremis scheme judicial review central feature extreme event like agent explain intelligence services nations sometimes cooperate need worry secret information give us subjected notoriously broad discovery powers courts although litigate dismissal spies available protection somewhat uncertain scope known executive privilege president invoke willing take political damage often entails today result however ramifications far beyond creation world secret intelligence agency must litigate dismissal agents constitutional claims raised highly sensitive context hard imagine assumption executive decisions hauled courts may longer valid also obsolete may assumption capable preserving sensible common law judicial review respectfully dissent technically provision merely precludes judicial review judicial review provisions administrative procedure act apa chapter title code however least respect entities come within chapter definition agency see review available apa available chapter originally enacted apa umbrella statute governing judicial review federal agency action right judicial review agency action may created separate statutory constitutional provision created becomes subject judicial review provisions apa unless specifically excluded see knowledge specific exclusion exists