5 U.S.C. § 305 — Systematic agency review of operations

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 So much as re- lated to the Armed Forces is omitted as superseded by section 636 of title 14 and section 936(b) of title 10.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as now or hereafter amended shall be ap- plicable to the Department of Defense’’ is omitted from this title but is not repealed.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.) Page 25 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 306 HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large (a) ............. 5 U.S.C. 1085. Oct. 28, 1949, ch. 782, § 205, 63 Stat. 957. (b), (c) ....... 5 U.S.C. 1151. Oct. 28, 1949, ch. 782, § 1001, 63 Stat. 971. 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 appli- cation 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, op- erates to preserve the application of this section to wholly owned corporations. The exception for the In- land Waterways Corporation in former section 1082(13) is omitted on authority of the Act of July 19, 1963, Pub. L. 88–67, 77 Stat. 81. The exceptions for Production Credit Corporations and Federal Intermediate Credit Banks in former section 1082(18) and (19) are omitted as they are no longer ‘‘corporations wholly owned by the United States’’. Under the Farm Credit Act of 1956, 70 Stat. 659, the Production Credit Corporations were merged in the Federal Intermediate Credit Banks, and pursuant to that Act the Federal Intermediate Credit Banks have ceased to be corporations wholly owned by the United States. In subsection (a)(7), the words ‘‘Panama Canal Com- pany’’ are substituted for ‘‘Panama Railroad Company’’ on authority of the Act of Sept. 26, 1950, ch. 1049, § 2(a)(2), 64 Stat. 1038. 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 1983—Subsec. (a)(3) to (8). Pub. L. 97–468 struck out par. (3), which excluded The Alaska Railroad, and re- designated pars. (4) to (8) as (3) to (7), respectively. 1979—Subsec. (a)(7). Pub. L. 96–70 substituted ‘‘Com- mission’’ for ‘‘Company’’. Subsec. (b). Pub. L. 96–54 substituted ‘‘President’’ for ‘‘Director of the Bureau of the Budget’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1983 AMENDMENT Amendment by Pub. L. 97–468 effective on date of transfer of Alaska Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title 45, Railroads, see sec- tion 615(b) of Pub. L. 97–468. EFFECTIVE DATE OF 1979 AMENDMENTS Amendment by Pub. L. 96–70 effective Oct. 1, 1979, see section 3304 of Pub. L. 96–70, set out as an Effective Date note under section 3601 of Title 22, Foreign Rela- tions and Intercourse. Pub. L. 96–54, § 2(b), Aug. 14, 1979, 93 Stat. 385, pro- vided that: ‘‘Except as otherwise expressly provided in subsection (a), the amendments made by subsection (a) [amending sections 305, 1308, 2101, 2105, 2106, 2108, 3102, 3132, 3302, 3305, 3315, 3317, 3324, 3326, 3503, 4102, 4109, 4111, 4112, 4701, 5102, 5108, 5311 to 5316, 5333 to 5335, 5347, 5504, 5514, 5516, 5521, 5545, 5550a, 5562, 5581, 5584, 5596, 5702, 5903, 5943, 6104, 6304, 6305, 6323, 6325, 7325, 7327, 7701, 7702, 8331, 8332, 8339, 8347, 8701, 8901, and 8906 of this title], shall take effect July 12, 1979, or the date of the enactment of this Act [Aug. 14, 1979], whichever is earlier.’’ TRANSFER OF FUNCTIONS Atomic Energy Commission abolished and functions transferred by sections 5814 and 5841 of Title 42, The Public Health and Welfare. See also Transfer of Func- tions notes set out under those sections. DISSOLUTION OF VIRGIN ISLANDS CORPORATION Virgin Islands Corporation established to have suc- cession until June 30, 1969, unless sooner dissolved by Act of Congress, by act June 30, 1949, ch. 285, 63 Stat. 350, as amended (48 U.S.C. 1407 et seq.). Corporation ter- minated its program June 30, 1965, and dissolved July 1, 1966. Act June 30, 1949, was repealed by Pub. L. 97–357, title III, § 308(e), Oct. 19, 1982, 96 Stat. 1710. Executive Documents DELEGATION OF FUNCTIONS Functions of President under subsec. (b) of this sec- tion 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 section 301 of Title 3, The President. § 306. Agency strategic plans (a) Not later than the first Monday in Feb- ruary of any year following the year in which the term of the President commences under sec- tion 101 of title 3, the head of each agency shall make available on the public website of the agency a strategic plan and notify the President and Congress of its availability. Such plan shall contain— (1) a comprehensive mission statement cov- ering the major functions and operations of the agency; (2) general goals and objectives, including outcome-oriented goals, for the major func- tions and operations of the agency; (3) a description of how any goals and objec- tives contribute to the Federal Government priority goals required by section 1120(a) of title 31; (4) a description of how the goals and objec- tives are to be achieved, including— (A) a description of the operational proc- esses, skills and technology, and the human, capital, information, and other resources re- quired 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 Fed- eral Government priority goals; (5) a description of how the goals and objec- tives incorporate views and suggestions ob- tained through congressional consultations re- quired under subsection (d); (6) a description of how the performance goals provided in the plan required by section 1115(a) of title 31, including the agency pri- ority goals required by section 1120(b) of title 31, if applicable, contribute to the general goals and objectives in the strategic plan; (7) an identification of those key factors ex- ternal to the agency and beyond its control that could significantly affect the achieve- ment 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 pro- gram evaluations to be conducted, and cita- tions to relevant provisions of the plans re- quired under section 312, as applicable; and (9) with respect to the head of an agency re- quired to develop a plan described in sub-