SUBCHAPTER I—GENERAL PROVISIONS
Editorial Notes
Amendments
2019—
§301. Departmental regulations
The head of an Executive department or military department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and performance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding information from the public or limiting the availability of records to the public.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §161. Aug. 12, 1958, |
The words "Executive department" are substituted for "department" as the definition of "department" applicable to this section is coextensive with the definition of "Executive department" in section 101. The words "not inconsistent with law" are omitted as surplusage as a regulation which is inconsistent with law is invalid.
The words "or military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
"All laws, orders, regulations, and other actions relating to the National Military Establishment, the Departments of the Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act, have the same effect as if this Act had not been enacted; but, after the effective date of this Act, any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer, or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force."
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Statutory Notes and Related Subsidiaries
Federal Cybersecurity Workforce Assessment
"SEC. 301. SHORT TITLE.
"This title may be cited as the 'Federal Cybersecurity Workforce Assessment Act of 2015'.
"SEC. 302. DEFINITIONS.
"In this title:
"(1)
"(A) the Committee on Armed Services of the Senate;
"(B) the Committee on Homeland Security and Governmental Affairs of the Senate;
"(C) the Select Committee on Intelligence of the Senate;
"(D) the Committee on Commerce, Science, and Transportation of the Senate;
"(E) the Committee on Armed Services of the House of Representatives;
"(F) the Committee on Homeland Security of the House of Representatives;
"(G) the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives; and
"(H) the Permanent Select Committee on Intelligence of the House of Representatives.
"(2)
"(3)
"(4)
"SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE.
"(a)
"(1) identify all positions within the agency that require the performance of cybersecurity or other cyber-related functions; and
"(2) assign the corresponding employment code under the National Initiative for Cybersecurity Education in accordance with subsection (b).
"(b)
"(1)
"(A)
"(B)
"(C)
"(D)
"(i) the percentage of personnel with information technology, cybersecurity, or other cyber-related job functions who currently hold the appropriate industry-recognized certifications as identified under the National Initiative for Cybersecurity Education;
"(ii) the level of preparedness of other civilian and noncivilian cyber personnel without existing credentials to take certification exams; and
"(iii) a strategy for mitigating any gaps identified in clause (i) or (ii) with the appropriate training and certification for existing personnel.
"(E)
"(i) to identify all encumbered and vacant positions with information technology, cybersecurity, or other cyber-related functions (as defined in the National Initiative for Cybersecurity Education's coding structure); and
"(ii) to assign the appropriate employment code to each such position, using agreed standards and definitions.
"(2)
"(c)
"SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK ROLES OF CRITICAL NEED.
"(a)
"(1) identify information technology, cybersecurity, or other cyber-related work roles of critical need in the agency's workforce; and
"(2) submit a report to the Director that—
"(A) describes the information technology, cybersecurity, or other cyber-related roles identified under paragraph (1); and
"(B) substantiates the critical need designations.
"(b)
"(1) current information technology, cybersecurity, and other cyber-related roles with acute skill shortages; and
"(2) information technology, cybersecurity, or other cyber-related roles with emerging skill shortages.
"(c)
"(1) identify critical needs for information technology, cybersecurity, or other cyber-related workforce across all Federal agencies; and
"(2) submit a progress report on the implementation of this section to the appropriate congressional committees.
"SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.
"The Comptroller General of the United States shall—
"(1) analyze and monitor the implementation of sections 303 and 304; and
"(2) not later than 3 years after the date of the enactment of this Act [Dec. 18, 2015], submit a report to the appropriate congressional committees that describes the status of such implementation."
Plain Writing in Government Documents
"SECTION 1. SHORT TITLE.
"This Act may be cited as the 'Plain Writing Act of 2010'.
"SEC. 2. PURPOSE.
"The purpose of this Act is to improve the effectiveness and accountability of Federal agencies to the public by promoting clear Government communication that the public can understand and use.
"SEC. 3. DEFINITIONS.
"In this Act:
"(1)
"(2)
"(A) means any document that—
"(i) is necessary for obtaining any Federal Government benefit or service or filing taxes;
"(ii) provides information about any Federal Government benefit or service; or
"(iii) explains to the public how to comply with a requirement the Federal Government administers or enforces;
"(B) includes (whether in paper or electronic form) a letter, publication, form, notice, or instruction; and
"(C) does not include a regulation.
"(3)
"SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
"(a)
"(1)
"(A) designate 1 or more senior officials within the agency to oversee the agency implementation of this Act;
"(B) communicate the requirements of this Act to the employees of the agency;
"(C) train employees of the agency in plain writing;
"(D) establish a process for overseeing the ongoing compliance of the agency with the requirements of this Act;
"(E) create and maintain a plain writing section of the agency's website as required under paragraph (2) that is accessible from the homepage of the agency's website; and
"(F) designate 1 or more agency points-of-contact to receive and respond to public input on—
"(i) agency implementation of this Act; and
"(ii) the agency reports required under section 5.
"(2)
"(A) inform the public of agency compliance with the requirements of this Act; and
"(B) provide a mechanism for the agency to receive and respond to public input on—
"(i) agency implementation of this Act; and
"(ii) the agency reports required under section 5.
"(b)
"(c)
"(1)
"(2)
"(A) the writing guidelines developed by the Plain Language Action and Information Network; or
"(B) guidance provided by the head of the agency that is consistent with the guidelines referred to in subparagraph (A).
"SEC. 5. REPORTS TO CONGRESS.
"(a)
"(b)
"SEC. 6. JUDICIAL REVIEW AND ENFORCEABILITY.
"(a)
"(b)
"SEC. 7. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.
"The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 [
Support for Youth Organizations
"(a)
"(1) the Boy Scouts of America;
"(2) the Girl Scouts of the United States of America;
"(3) the Boys Clubs of America;
"(4) the Girls Clubs of America;
"(5) the Young Men's Christian Association;
"(6) the Young Women's Christian Association;
"(7) the Civil Air Patrol;
"(8) the United States Olympic Committee [now United States Olympic and Paralympic Committee];
"(9) the Special Olympics;
"(10) Campfire USA;
"(11) the Young Marines;
"(12) the Naval Sea Cadets Corps;
"(13) 4–H Clubs;
"(14) the Police Athletic League;
"(15) Big Brothers—Big Sisters of America;
"(16) National Guard Challenge Program; and
"(17) any other organization designated by the President as an organization that is primarily intended to—
"(A) serve individuals under the age of 21 years;
"(B) provide training in citizenship, leadership, physical fitness, service to community, and teamwork; and
"(C) promote the development of character and ethical and moral values.
"(b)
"(1)
"(2)
"(3)
"(A) any senior officer (including any member of the board of directors) of the youth organization is convicted of a criminal offense relating to the official duties of that officer or the youth organization is convicted of a criminal offense; or
"(B) the youth organization is the subject of a criminal investigation relating to fraudulent use or waste of Federal funds.
"(4)
"(A) authorizing a youth organization to hold meetings, camping events, or other activities on Federal property;
"(B) hosting any official event of a youth organization;
"(C) loaning equipment for the use of a youth organization; and
"(D) providing personnel services and logistical support for a youth organization."
Minimum Standards for Birth Certificates
"(a)
"(1) for an individual (regardless of where born)—
"(A) who is a citizen or national of the United States at birth; and
"(B) whose birth is registered in the United States; and
"(2) that—
"(A) is issued by a Federal, State, or local government agency or authorized custodian of record and produced from birth records maintained by such agency or custodian of record; or
"(B) is an authenticated copy, issued by a Federal, State, or local government agency or authorized custodian of record, of an original certificate of birth issued by such agency or custodian of record.
"(b)
"(1)
"(2)
"(A)
"(B)
"(C)
"(D)
"(3)
"(A) at a minimum, shall require certification of the birth certificate by the State or local government custodian of record that issued the certificate, and shall require the use of safety paper or an alternative, equally secure medium, the seal of the issuing custodian of record, and other features designed to prevent tampering, counterfeiting, or otherwise duplicating the birth certificate for fraudulent purposes;
"(B) shall establish requirements for proof and verification of identity as a condition of issuance of a birth certificate, with additional security measures for the issuance of a birth certificate for a person who is not the applicant;
"(C) shall establish standards for the processing of birth certificate applications to prevent fraud;
"(D) may not require a single design to which birth certificates issued by all States must conform; and
"(E) shall accommodate the differences between the States in the manner and form in which birth records are stored and birth certificates are produced from such records.
"(4)
"(A) the Secretary of Homeland Security;
"(B) the Commissioner of Social Security;
"(C) State vital statistics offices; and
"(D) other appropriate Federal agencies.
"(5)
"(c)
"(1)
"(A)
"(B)
"(C)
"(2)
"(A)
"(i) computerizing their birth and death records;
"(ii) developing the capability to match birth and death records within each State and among the States; and
"(iii) noting the fact of death on the birth certificates of deceased persons.
"(B)
"(C)
"(d)
Improvements in Identification-Related Documents
Modification or Cancellation of Certain License Agreements Granted to Government During World War II
Act Aug. 16, 1950, ch. 716,
Executive Documents
Equal Opportunity in Federal Employment
Establishment of equal employment opportunity programs by heads of Executive departments and agencies, see Ex. Ord. No. 11246, Sept. 24, 1965, 30 F.R. 12319 and Ex. Ord. No. 11478, Aug. 8, 1969, 34 F.R. 12985, set out as notes under
§302. Delegation of authority
(a) For the purpose of this section, "agency" has the meaning given it by
(b) In addition to the authority to delegate conferred by other law, the head of an agency may delegate to subordinate officials the authority vested in him—
(1) by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his agency; and
(2) by
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| Aug. 2, 1946, ch. 744, §12, |
Clause (2) of former section 22a is omitted because of the repeal of R.S. §3683 (
The word "agency" is substituted for "department" and defined to conform to the definition of "department" in section 18 of the Act of Aug. 2, 1946, ch. 744,
In subsection (b), the words "In addition to the authority to delegate conferred by other law," are added for clarity and in recognition of the various reorganization plans which generally have transferred all functions of the departments and agencies to the heads thereof and have authorized them to delegate the functions to subordinates.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1975—Subsec. (b)(2).
§303. Oaths to witnesses
(a) An employee of an Executive department lawfully assigned to investigate frauds on or attempts to defraud the United States, or irregularity or misconduct of an employee or agent of the United States, may administer an oath to a witness attending to testify or depose in the course of the investigation.
(b) An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| R.S. §183. |
The word "employee" is substituted for "officer or clerk" in view of the definition in section 2105. The words "Executive department" are substituted for "departments" as the definition of "department" applicable to this section is coextensive with the definition of "Executive department" in section 101. So much as related to the Armed Forces is omitted as superseded by
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1976—
§304. Subpenas
(a) The head of an Executive department or military department or bureau thereof in which a claim against the United States is pending may apply to a judge or clerk of a court of the United States to issue a subpena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpena before an individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the claim.
(b) If a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the subpena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpena ad testificandum issued by the court.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | R.S. §184. | |
| (b) | R.S. §186. |
In subsection (a), the words "Executive department" are substituted for "department" as the definition of "department" applicable to this section is coextensive with the definition of "Executive department" in section 101. The word "thereof" is added to reflect the proper relationship between "department" and "bureau" as reflected in title IV of the Revised Statutes of 1878. The words "in any State, District, or Territory" are omitted as unnecessary. The word "individual" is substituted for "officer" as the definition of "officer" in section 2104 is narrower than the word "officer" in R.S. §184 which word includes "officers" as defined in section 2104 as well as notaries public who are not "officers" under section 2104, but are "officers" as that word is used in R.S. §184.
In subsection (a), the words "or military department" are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4,
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
§305. Systematic agency review of operations
(a) For the purpose of this section, "agency" means an Executive agency, but does not include—
(1) a Government controlled corporation;
(2) the Tennessee Valley Authority;
(3) the Virgin Islands Corporation;
(4) the Atomic Energy Commission;
(5) the Central Intelligence Agency;
(6) the Panama Canal Commission; or
(7) the National Security Agency, Department of Defense.
(b) Under regulations prescribed and administered by the President, each agency shall review systematically the operations of each of its activities, functions, or organization units, on a continuing basis.
(c) The purpose of the reviews includes—
(1) determining the degree of efficiency and economy in the operation of the agency's activities, functions, or organization units;
(2) identifying the units that are outstanding in those respects; and
(3) identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations.
(
| Derivation | U.S. Code | Revised Statutes and Statutes at Large |
|---|---|---|
| (a) | Oct. 28, 1949, ch. 782, §205, |
|
| (b), (c) | Oct. 28, 1949, ch. 782, §1001, |
Subsection (a) is based in part on former sections 1081 and 1082, which are carried into section 5102.
In subsection (a)(1), the exception of "a Government controlled corporation" is added to preserve the application of this section to "corporations wholly owned by the United States". This is necessary as the defined term "Executive agency" includes the defined term "Government corporation" and the latter includes both Government owned and controlled corporations. Thus the exclusion of Government controlled corporations, which are distinct from wholly owned corporations, operates to preserve the application of this section to wholly owned corporations. The exception for the Inland Waterways Corporation in former section 1082(13) is omitted on authority of the Act of July 19, 1963,
In subsection (a)(7), the words "Panama Canal Company" are substituted for "Panama Railroad Company" on authority of the Act of Sept. 26, 1950, ch. 1049, §2(a)(2),
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1983—Subsec. (a)(3) to (8).
1979—Subsec. (a)(7).
Subsec. (b).
Statutory Notes and Related Subsidiaries
Effective Date of 1983 Amendment
Amendment by
Effective Date of 1979 Amendments
Amendment by
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
Dissolution of Virgin Islands Corporation
Virgin Islands Corporation established to have succession until June 30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285,
Executive Documents
Delegation of Functions
Functions of President under subsec. (b) of this section delegated to Director of Office of Management and Budget, see Ex. Ord. No. 12152, Aug. 14, 1979, 44 F.R. 48143, set out as a note under
§306. Agency strategic plans
(a) Not later than the first Monday in February of any year following the year in which the term of the President commences under
(1) a comprehensive mission statement covering the major functions and operations of the agency;
(2) general goals and objectives, including outcome-oriented goals, for the major functions and operations of the agency;
(3) a description of how any goals and objectives contribute to the Federal Government priority goals required by
(4) a description of how the goals and objectives are to be achieved, including—
(A) a description of the operational processes, skills and technology, and the human, capital, information, and other resources required to achieve those goals and objectives; and
(B) a description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant Federal Government priority goals;
(5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required under subsection (d);
(6) a description of how the performance goals provided in the plan required by
(7) an identification of those key factors external to the agency and beyond its control that could significantly affect the achievement of the general goals and objectives;
(8) a description of the program evaluations used in establishing or revising general goals and objectives, with a schedule for future program evaluations to be conducted, and citations to relevant provisions of the plans required under section 312; and
(9) an assessment of the coverage, quality, methods, effectiveness, and independence of the statistics, evaluation, research, and analysis efforts of the agency, including—
(A) a list of the activities and operations of the agency that are currently being evaluated and analyzed;
(B) the extent to which the evaluations, research, and analysis efforts and related activities of the agency support the needs of various divisions within the agency;
(C) the extent to which the evaluation research and analysis efforts and related activities of the agency address an appropriate balance between needs related to organizational learning, ongoing program management, performance management, strategic management, interagency and private sector coordination, internal and external oversight, and accountability;
(D) the extent to which the agency uses methods and combinations of methods that are appropriate to agency divisions and the corresponding research questions being addressed, including an appropriate combination of formative and summative evaluation research and analysis approaches;
(E) the extent to which evaluation and research capacity is present within the agency to include personnel and agency processes for planning and implementing evaluation activities, disseminating best practices and findings, and incorporating employee views and feedback; and
(F) the extent to which the agency has the capacity to assist agency staff and program offices to develop the capacity to use evaluation research and analysis approaches and data in the day-to-day operations.
(b) The strategic plan shall cover a period of not less than 4 years following the fiscal year in which the plan is submitted. As needed, the head of the agency may make adjustments to the strategic plan to reflect significant changes in the environment in which the agency is operating, with appropriate notification of Congress.
(c) The performance plan required by
(d) When developing or making adjustments to a strategic plan, the agency shall consult periodically with the Congress, including majority and minority views from the appropriate authorizing, appropriations, and oversight committees, and shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a plan. The agency shall consult with the appropriate committees of Congress at least once every 2 years.
(e) The functions and activities of this section shall be considered to be inherently governmental functions. The drafting of strategic plans under this section shall be performed only by Federal employees.
(f) For purposes of this section the term "agency" means an Executive agency defined under section 105, but does not include the Central Intelligence Agency, the Government Accountability Office, the United States Postal Service, and the Postal Regulatory Commission.
(Added
Editorial Notes
Prior Provisions
A prior section 306, added
Amendments
2019—Subsec. (a)(7).
Subsec. (a)(8).
Subsec. (a)(9).
Statutory Notes and Related Subsidiaries
Effective Date of 2019 Amendment
Construction of 2019 Amendment
"(1) to require the disclosure of information or records that are exempt from disclosure under
"(2) to create or expand an exemption from disclosure under such section;
"(3) to override, limit, or otherwise affect intellectual property rights, including rights under titles 17 and 35, United States Code;
"(4) to affect the authority of a Federal agency regarding the use, disclosure, or licensing of—
"(A) confidential business information that could be withheld under
"(B) data assets restricted from disclosure under a contract or other binding, written agreement; or
"(5) to affect the independence, responsibilities, or work products of an Inspector General of any agency."
[For definition of "agency" as used in section 401 of
GAO Report
"(1) summarizes agency findings and highlights trends in the assessment conducted pursuant to subsection (a)(9) of
"(2) if appropriate, recommends actions to further improve agency capacity to use evaluation techniques and data to support evaluation efforts."
[For definitions of "agency" and "evaluation" as used in section 101(d) of
Biennial OMB Report
[For definition of "agency" as used in section 202(g)(2) of
Use of Existing Resources
[For definition of "agency" as used in section 402 of