5 U.S.C. § 302 — Delegation of authority

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.)