5 U.S.C. § 303 — Oaths to witnesses

Page 23 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 303 award grants to States to assist them in con- forming to the minimum standards for birth certifi- cates set forth in the regulation. ‘‘(B) ALLOCATION OF GRANTS.—The Secretary shall award grants to States under this paragraph based on the proportion that the estimated average an- nual number of birth certificates issued by a State applying for a grant bears to the estimated average annual number of birth certificates issued by all States. ‘‘(C) MINIMUM ALLOCATION.—Notwithstanding sub- paragraph (B), each State shall receive not less than 0.5 percent of the grant funds made available under this paragraph. ‘‘(2) ASSISTANCE IN MATCHING BIRTH AND DEATH RECORDS.— ‘‘(A) IN GENERAL.—The Secretary of Health and Human Services, in coordination with the Commis- sioner of Social Security and other appropriate Federal agencies, shall award grants to States, under criteria established by the Secretary, to as- sist States in— ‘‘(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 cer- tificates of deceased persons. ‘‘(B) ALLOCATION OF GRANTS.—The Secretary shall award grants to qualifying States under this para- graph based on the proportion that the estimated annual average number of birth and death records created by a State applying for a grant bears to the estimated annual average number of birth and death records originated by all States. ‘‘(C) MINIMUM ALLOCATION.—Notwithstanding sub- paragraph (B), each State shall receive not less than 0.5 percent of the grant funds made available under this paragraph. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Secretary for each of the fiscal years 2005 through 2009 such sums as may be necessary to carry out this section.’’ IMPROVEMENTS IN IDENTIFICATION-RELATED DOCUMENTS Pub. L. 104–208, div. C, title VI, § 656, Sept. 30, 1996, 110 Stat. 3009–716, as amended by Pub. L. 106–69, title III, § 355, Oct. 9, 1999, 113 Stat. 1027, which related to stand- ards for acceptance of birth certificates by Federal agencies for any official purpose, required the Sec- retary of Health and Human Services to make grants to States for assistance in meeting Federal standards and in matching birth and death records and for demonstra- tion projects, and required the Secretary to submit a report to the Congress on ways to reduce the fraudulent obtaining and use of birth certificates, was repealed by Pub. L. 108–458, title VII, § 7211(e), Dec. 17, 2004, 118 Stat. 3827. MODIFICATION OR CANCELLATION OF CERTAIN LICENSE AGREEMENTS GRANTED TO GOVERNMENT DURING WORLD WAR II Act Aug. 16, 1950, ch. 716, 64 Stat. 448, provided that: ‘‘Notwithstanding any other provision of law, the head of any department or other agency in the executive branch of the Government which subsequent to Sep- tember 9, 1939, entered into any contract or agreement with the holder of any privately owned patent or any right thereunder whereby such holder granted to the United States, without payment of royalty or with re- duction or limitation of royalty, any license under such patent or right, is authorized, upon application of the grantor of such license, to enter into such supple- mental contract or agreement for the cancellation of the contract or agreement by which such license was granted as the head of such department or agency shall deem to be warranted by equities existing by reason of changes in circumstances occurring since the granting of such license.’’ Executive Documents EQUAL OPPORTUNITY IN FEDERAL EMPLOYMENT Establishment of equal employment opportunity pro- grams 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 section 2000e of Title 42, The Public Health and Welfare. § 302. Delegation of authority (a) For the purpose of this section, ‘‘agency’’ has the meaning given it by section 5721 of this title. (b) In addition to the authority to delegate conferred by other law, the head of an agency may delegate to subordinate officials the au- thority 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 section 3702 of title 44 to authorize the publication of advertisements, notices, or pro- posals. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 94–183, § 2(1), Dec. 31, 1975, 89 Stat. 1057.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 22a. Aug. 2, 1946, ch. 744, § 12, 60 Stat. 809. Clause (2) of former section 22a is omitted because of the repeal of R.S. § 3683 (31 U.S.C. 675) by the Act of Sept. 12, 1950, ch. 946, § 301(76), 64 Stat. 843. The word ‘‘agency’’ is substituted for ‘‘department’’ and defined to conform to the definition of ‘‘depart- ment’’ in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811. In subsection (b), the words ‘‘In addition to the au- thority to delegate conferred by other law,’’ are added for clarity and in recognition of the various reorganiza- tion plans which generally have transferred all func- tions of the departments and agencies to the heads thereof and have authorized them to delegate the func- tions to subordinates. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1975—Subsec. (b)(2). Pub. L. 94–183 substituted ‘‘3702’’ for ‘‘324’’. § 303. Oaths to witnesses (a) An employee of an Executive department lawfully assigned to investigate frauds on or at- tempts to defraud the United States, or irregu- larity 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 94–213, Feb. 13, 1976, 90 Stat. 179.) Page 24 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 304 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 93. R.S. § 183. Mar. 2, 1901, ch. 809, § 3, 31 Stat. 951. Feb. 13, 1911, ch. 43, 36 Stat. 898. The word ‘‘employee’’ is substituted for ‘‘officer or clerk’’ in view of the definition in section 2105. The words ‘‘Executive department’’ are substituted for ‘‘de- partments’’ as the definition of ‘‘department’’ applica- ble to this section is coextensive with the definition of ‘‘Executive department’’ in section 101. So much as re- lated to the Armed Forces is omitted as superseded by section 636 of title 14 and section 936(b) of title 10. This section was part of title IV of the Revised Stat- utes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (formerly 5 U.S.C. 171–1), which provides ‘‘Except to the extent incon- sistent with the provisions of this Act [National Secu- rity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. Standard changes are made to conform with the defi- nitions applicable and the style of this title as outlined in the preface to the report. Editorial Notes AMENDMENTS 1976—Pub. L. 94–213 designated existing provisions as subsec. (a) and added subsec. (b). § 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 interrog- atories and cross-interrogatories as may be sub- mitted with the application, or to be orally ex- amined and cross-examined on the subject of the claim. (b) If a witness, after being served with a sub- pena, neglects or refuses to appear, or, appear- ing, refuses to testify, the judge of the district in which the subpena issued may proceed, on proper process, to enforce obedience to the sub- pena, 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 94. R.S. § 184. (b) ............. 5 U.S.C. 96. 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 sec- tion 101. The word ‘‘thereof’’ is added to reflect the proper relationship between ‘‘department’’ and ‘‘bu- reau’’ 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 ‘‘offi- cers’’ under section 2104, but are ‘‘officers’’ as that word is used in R.S. § 184. In subsection (a), the words ‘‘or military depart- ment’’ are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the De- partment of the Air Force were Executive departments. The National Security Act Amendments of 1949 estab- lished the Department of Defense as an Executive De- partment including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which is set out in the reviser’s note for section 301. This section was part of title IV of the Revised Stat- utes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent incon- sistent with the provisions of this Act [National Secu- rity Act of 1947], the provisions of title IV of the Re- vised Statutes as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed. Standard changes are made to conform with the defi- nitions 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 in- clude— (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, Depart- ment of Defense. (b) Under regulations prescribed and adminis- tered by the President, each agency shall review systematically the operations of each of its ac- tivities, 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 ac- tivities, functions, or organization units; (2) identifying the units that are out- standing in those respects; and (3) identifying the employees whose personal efforts have caused their units to be out- standing in efficiency and economy of oper- ations. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 380; Pub. L. 96–54, § 2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96–70, title III, § 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97–468, title VI, § 615(b)(1)(A), Jan. 14, 1983, 96 Stat. 2578.)