5 U.S.C. § 301 — Departmental regulations

Page 19 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 301 2011—Pub. L. 111–352, § 13(a), Jan. 4, 2011, 124 Stat. 3882, added item 306 and struck out former item 306 ‘‘Strategic plans’’. 1993—Pub. L. 103–62, § 11(a), Aug. 3, 1993, 107 Stat. 295, added item 306. SUBCHAPTER I—GENERAL PROVISIONS Editorial Notes AMENDMENTS 2019—Pub. L. 115–435, title I, § 101(a)(1), Jan. 14, 2019, 132 Stat. 5529, inserted subchapter heading. § 301. Departmental regulations The head of an Executive department or mili- tary department may prescribe regulations for the government of his department, the conduct of its employees, the distribution and perform- ance of its business, and the custody, use, and preservation of its records, papers, and property. This section does not authorize withholding in- formation from the public or limiting the avail- ability of records to the public. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 22. R.S. § 161. Aug. 12, 1958, Pub. L. 85–619, 72 Stat. 547. The words ‘‘Executive department’’ are substituted for ‘‘department’’ as the definition of ‘‘department’’ ap- plicable to this section is coextensive with the defini- tion of ‘‘Executive department’’ in section 101. The words ‘‘not inconsistent with law’’ are omitted as sur- plusage 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 en- actment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the De- partment of the Navy, and the Department of the Air Force were Executive departments. The National Secu- rity Act Amendments of 1949 established the Depart- ment of Defense as an Executive Department 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 mili- tary departments by virtue of section 12(g) of the Na- tional Security Act Amendments of 1949 (63 Stat. 591), which provided: ‘‘All laws, orders, regulations, and other actions re- lating to the National Military Establishment, the De- partments 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 re- lated to any officer, department, or establishment, shall be deemed to have vested such function in or re- late to the officer, or department, executive or mili- tary, succeeding the officer, department, or establish- ment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Mili- tary Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the depart- ments succeeding the Executive Departments of Army, Navy, and Air Force.’’ 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. Statutory Notes and Related Subsidiaries WORKING DOG HEALTH AND WELFARE Pub. L. 118–195, Dec. 23, 2024, 138 Stat. 2669, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Working Dog Health and Welfare Act of 2023’. ‘‘SEC. 2. IMPLEMENTATION OF WORKING DOG REC- OMMENDATIONS. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) AGENCY.—The term ‘agency’ has the meaning given the term in section 551 of title 5, United States Code. ‘‘(2) WORKING DOG.—The term ‘working dog’ means a dog that has received specialized training in order to perform a particular productive function. ‘‘(3) WORKING DOG PROGRAM.—The term ‘working dog program’ means a program, the operations of which include the employment of working dogs. ‘‘(4) WORKING DOG RECOMMENDATIONS.—The term ‘working dog recommendations’ means the rec- ommendations included in the report of the Govern- ment Accountability Office entitled ‘Working Dogs: Federal Agencies Need to Better Address Health and Welfare’, as published in October 2022. ‘‘(b) IMPLEMENTATION.— ‘‘(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2024], the head of each agency that manages a working dog program shall implement the working dog recommendations. ‘‘(2) CONTRACTORS.—Not later than 180 days after the date of enactment of this Act, a contractor that manages a working dog program on behalf of an agen- cy shall implement the working dog recommenda- tions. ‘‘(3) REPORT.—Not later than 60 days after the date on which the head of an agency or a contractor that manages a working dog program on behalf of an agen- cy implements the working dog recommendations under this subsection, the head of the agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Com- mittee on Oversight and Accountability of the House of Representatives a report on the explicit steps the agency or contractor has taken to complete the im- plementation. ‘‘(c) FOREIGN PARTNERS.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2024], the Secretary of State shall take appropriate steps to ensure that donations of working dogs provided to for- eign partners by the Department of State are executed and monitored according to the working dog rec- ommendations. ‘‘(d) NEW WORKING DOG PROGRAMS.—With respect to an agency that establishes a working dog program, or enters into a contract for the establishment of a work- ing dog program, after the date of enactment of this Act, the head of the agency shall ensure that the work- ing dog program implements the working dog rec- ommendations. ‘‘(e) NO ADDITIONAL FUNDS.—No additional funds are authorized to be appropriated for the purpose of car- rying out this Act.’’ Page 20 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 301 FEDERAL CYBERSECURITY WORKFORCE ASSESSMENT Pub. L. 114–113, div. N, title III, Dec. 18, 2015, 129 Stat. 2975, as amended by Pub. L. 116–283, div. H, title XCIV, § 9401(g)(4)(A), Jan. 1, 2021, 134 Stat. 4809, provided that: ‘‘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) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term ‘appropriate congressional committees’ means— ‘‘(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 Govern- ment Reform [now Committee on Oversight and Ac- countability] of the House of Representatives; and ‘‘(H) the Permanent Select Committee on Intel- ligence of the House of Representatives. ‘‘(2) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Personnel Management. ‘‘(3) NATIONAL INITIATIVE FOR CYBERSECURITY EDU- CATION.—The term ‘National Initiative for Cybersecurity Education’ means the initiative under the national cybersecurity awareness and education program, as authorized under section 303 of the Cybersecurity Enhancement Act of 2014 (Public Law 113–274) [15 U.S.C. 7443]. ‘‘(4) WORK ROLES.—The term ‘work roles’ means a specialized set of tasks and functions requiring spe- cific knowledge, skills, and abilities. ‘‘SEC. 303. NATIONAL CYBERSECURITY WORK- FORCE MEASUREMENT INITIATIVE. ‘‘(a) IN GENERAL.—The head of each Federal agency shall— ‘‘(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 Edu- cation in accordance with subsection (b). ‘‘(b) EMPLOYMENT CODES.— ‘‘(1) PROCEDURES.— ‘‘(A) CODING STRUCTURE.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2015], the Director, in coordination with the Na- tional Institute of Standards and Technology, shall develop a coding structure under the National Ini- tiative for Cybersecurity Education. ‘‘(B) IDENTIFICATION OF CIVILIAN CYBER PER- SONNEL.—Not later than 9 months after the date of enactment of this Act, the Director, in coordina- tion with the Secretary of Homeland Security, the Director of the National Institute of Standards and Technology, and the Director of National Intel- ligence, shall establish procedures to implement the National Initiative for Cybersecurity Education coding structure to identify all Federal civilian po- sitions that require the performance of information technology, cybersecurity, or other cyber-related functions. ‘‘(C) IDENTIFICATION OF NONCIVILIAN CYBER PER- SONNEL.—Not later than 18 months after the date of enactment of this Act, the Secretary of Defense shall establish procedures to implement the Na- tional Initiative for Cybersecurity Education’s cod- ing structure to identify all Federal noncivilian po- sitions that require the performance of information technology, cybersecurity, or other cyber-related functions. ‘‘(D) BASELINE ASSESSMENT OF EXISTING CYBERSECURITY WORKFORCE.—Not later than 3 months after the date on which the procedures are developed under subparagraphs (B) and (C), respec- tively, the head of each Federal agency shall sub- mit to the appropriate congressional committees of jurisdiction a report that identifies— ‘‘(i) the percentage of personnel with informa- tion technology, cybersecurity, or other cyber-re- lated job functions who currently hold the appro- priate industry-recognized certifications as iden- tified 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 identi- fied in clause (i) or (ii) with the appropriate train- ing and certification for existing personnel. ‘‘(E) PROCEDURES FOR ASSIGNING CODES.—Not later than 3 months after the date on which the proce- dures are developed under subparagraphs (B) and (C), respectively, the head of each Federal agency shall establish procedures— ‘‘(i) to identify all encumbered and vacant posi- tions 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) CODE ASSIGNMENTS.—Not later than 1 year after the date after the procedures are established under paragraph (1)(E), the head of each Federal agency shall complete assignment of the appropriate employ- ment code to each position within the agency with information technology, cybersecurity, or other cyber-related functions. ‘‘(c) PROGRESS REPORT.—Not later than 180 days after the date of enactment of this Act, the Director shall submit a progress report on the implementation of this section to the appropriate congressional committees. ‘‘SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK ROLES OF CRITICAL NEED. ‘‘(a) IN GENERAL.—Beginning not later than 1 year after the date on which the employment codes are as- signed to employees pursuant to section 303(b)(2), and annually thereafter through 2022, the head of each Fed- eral agency, in consultation with the Director, the Di- rector of the National Institute of Standards and Tech- nology, and the Secretary of Homeland Security, shall— ‘‘(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 identi- fied under paragraph (1); and ‘‘(B) substantiates the critical need designations. ‘‘(b) GUIDANCE.—The Director shall provide Federal agencies with timely guidance for identifying informa- tion technology, cybersecurity, or other cyber-related roles of critical need, including— ‘‘(1) current information technology, cybersecurity, and other cyber-related roles with acute skill short- ages; and ‘‘(2) information technology, cybersecurity, or other cyber-related roles with emerging skill short- ages. ‘‘(c) CYBERSECURITY NEEDS REPORT.—Not later than 2 years after the date of the enactment of this Act [Dec. 18, 2015], the Director, in consultation with the Sec- retary of Homeland Security, shall— ‘‘(1) identify critical needs for information tech- nology, cybersecurity, or other cyber-related work- force across all Federal agencies; and Page 21 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 301 ‘‘(2) submit a progress report on the implementa- tion 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 en- actment of this Act [Dec. 18, 2015], submit a report to the appropriate congressional committees that de- scribes the status of such implementation.’’ PLAIN WRITING IN GOVERNMENT DOCUMENTS Pub. L. 111–274, Oct. 13, 2010, 124 Stat. 2861, provided that: ‘‘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 effective- ness and accountability of Federal agencies to the pub- lic by promoting clear Government communication that the public can understand and use. ‘‘SEC. 3. DEFINITIONS. ‘‘In this Act: ‘‘(1) AGENCY.—The term ‘agency’ means an Execu- tive agency, as defined under section 105 of title 5, United States Code. ‘‘(2) COVERED DOCUMENT.—The term ‘covered docu- ment’— ‘‘(A) means any document that— ‘‘(i) is necessary for obtaining any Federal Gov- ernment 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 admin- isters or enforces; ‘‘(B) includes (whether in paper or electronic form) a letter, publication, form, notice, or instruc- tion; and ‘‘(C) does not include a regulation. ‘‘(3) PLAIN WRITING.—The term ‘plain writing’ means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. ‘‘SEC. 4. RESPONSIBILITIES OF FEDERAL AGEN- CIES. ‘‘(a) PREPARATION FOR IMPLEMENTATION OF PLAIN WRITING REQUIREMENTS.— ‘‘(1) IN GENERAL.—Not later than 9 months after the date of enactment of this Act [Oct. 13, 2010], the head of each agency shall— ‘‘(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 writ- ing; ‘‘(D) establish a process for overseeing the ongo- ing 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) WEBSITE.—The plain writing section described under paragraph (1)(E) shall— ‘‘(A) inform the public of agency compliance with the requirements of this Act; and ‘‘(B) provide a mechanism for the agency to re- ceive and respond to public input on— ‘‘(i) agency implementation of this Act; and ‘‘(ii) the agency reports required under section 5. ‘‘(b) REQUIREMENT TO USE PLAIN WRITING IN NEW DOC- UMENTS.—Beginning not later than 1 year after the date of enactment of this Act, each agency shall use plain writing in every covered document of the agency that the agency issues or substantially revises. ‘‘(c) GUIDANCE.— ‘‘(1) IN GENERAL.—Not later than 6 months after the date of enactment of this Act, the Director of the Of- fice of Management and Budget shall develop and issue guidance on implementing the requirements of this section. The Director may designate a lead agen- cy, and may use interagency working groups to assist in developing and issuing the guidance. ‘‘(2) INTERIM GUIDANCE.—Before the issuance of guidance under paragraph (1), agencies may follow the guidance of— ‘‘(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) INITIAL REPORT.—Not later than 9 months after the date of enactment of this Act [Oct. 13, 2010], the head of each agency shall publish on the plain writing section of the agency’s website a report that describes the agency plan for compliance with the requirements of this Act. ‘‘(b) ANNUAL COMPLIANCE REPORT.—Not later than 18 months after the date of enactment of this Act, and an- nually thereafter, the head of each agency shall publish on the plain writing section of the agency’s website a report on agency compliance with the requirements of this Act. ‘‘SEC. 6. JUDICIAL REVIEW AND ENFORCEABILITY. ‘‘(a) JUDICIAL REVIEW.—There shall be no judicial re- view of compliance or noncompliance with any provi- sion of this Act. ‘‘(b) ENFORCEABILITY.—No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or ju- dicial action. ‘‘SEC. 7. BUDGETARY EFFECTS OF PAYGO LEGIS- LATION FOR THIS ACT. ‘‘The budgetary effects of this Act, for the purpose of complying with the Statutory Pay-As-You-Go Act of 2010 [2 U.S.C. 931 et seq.], shall be determined by ref- erence to the latest statement titled ‘Budgetary Effects of PAYGO Legislation’ for this Act, submitted for printing in the Congressional Record by the Chairman of the House Budget Committee, provided that such statement has been submitted prior to the vote on pas- sage.’’ SUPPORT FOR YOUTH ORGANIZATIONS Pub. L. 109–163, div. A, title X, § 1058(a), (b), Jan. 6, 2006, 119 Stat. 3442, provided that: ‘‘(a) YOUTH ORGANIZATION DEFINED.—In this section, the term ‘youth organization’ means— ‘‘(1) the Boy Scouts of America; ‘‘(2) the Girl Scouts of the United States of Amer- ica; ‘‘(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; Page 22 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 301 ‘‘(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 in- tended to— ‘‘(A) serve individuals under the age of 21 years; ‘‘(B) provide training in citizenship, leadership, physical fitness, service to community, and team- work; and ‘‘(C) promote the development of character and ethical and moral values. ‘‘(b) SUPPORT FOR YOUTH ORGANIZATIONS.— ‘‘(1) CONTINUATION OF SUPPORT.—No Federal law (in- cluding any rule, regulation, directive, instruction, or order) shall be construed to limit any Federal agency from providing any form of support for a youth organization (including the Boy Scouts of America or any group officially affiliated with the Boy Scouts of America) that would result in that Federal agency providing less support to that youth organization (or any similar organization chartered under the chapter of title 36, United States Code, re- lating to that youth organization) than was provided during the preceding fiscal year to that youth organi- zation. This paragraph shall be subject to the avail- ability of appropriations. ‘‘(2) YOUTH ORGANIZATIONS THAT CEASE TO EXIST.— Paragraph (1) shall not apply to any youth organiza- tion that ceases to exist. ‘‘(3) WAIVERS.—The head of a Federal agency may waive the application of paragraph (1) to a youth or- ganization with respect to each conviction or inves- tigation described under subparagraph (A) or (B) for a period of not more than two fiscal years if— ‘‘(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 offi- cial 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) TYPES OF SUPPORT.—Support described in para- graph (1) includes— ‘‘(A) authorizing a youth organization to hold meetings, camping events, or other activities on Federal property; ‘‘(B) hosting any official event of a youth organi- zation; ‘‘(C) loaning equipment for the use of a youth or- ganization; and ‘‘(D) providing personnel services and logistical support for a youth organization.’’ Pub. L. 109–148, div. A, title VIII, § 8126(b), Dec. 30, 2005, 119 Stat. 2728, which contained provisions substan- tially similar to those in Pub. L. 109–163, § 1058(a), (b), set out above, was repealed by Pub. L. 109–364, div. A, title X, § 1071(f)(3), Oct. 17, 2006, 120 Stat. 2402. MINIMUM STANDARDS FOR BIRTH CERTIFICATES Pub. L. 108–458, title VII, § 7211(a)–(d), Dec. 17, 2004, 118 Stat. 3825–3827, provided that: ‘‘(a) DEFINITION.—In this section [enacting this note and repealing provisions set out as a note below], the term ‘birth certificate’ means a certificate of birth— ‘‘(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 govern- ment 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 Fed- eral, State, or local government agency or author- ized custodian of record, of an original certificate of birth issued by such agency or custodian of record. ‘‘(b) STANDARDS FOR ACCEPTANCE BY FEDERAL AGEN- CIES.— ‘‘(1) IN GENERAL.—Beginning 2 years after the pro- mulgation of minimum standards under paragraph (3), no Federal agency may accept a birth certificate for any official purpose unless the certificate con- forms to such standards. ‘‘(2) STATE CERTIFICATION.— ‘‘(A) IN GENERAL.—Each State shall certify to the Secretary of Health and Human Services that the State is in compliance with the requirements of this section. ‘‘(B) FREQUENCY.—Certifications under subpara- graph (A) shall be made at such intervals and in such a manner as the Secretary of Health and Human Services, with the concurrence of the Sec- retary of Homeland Security and the Commissioner of Social Security, may prescribe by regulation. ‘‘(C) COMPLIANCE.—Each State shall ensure that units of local government and other authorized custodians of records in the State comply with this section. ‘‘(D) AUDITS.—The Secretary of Health and Human Services may conduct periodic audits of each State’s compliance with the requirements of this section. ‘‘(3) MINIMUM STANDARDS.—Not later than 1 year after the date of enactment of this Act [Dec. 17, 2004], the Secretary of Health and Human Services shall by regulation establish minimum standards for birth certificates for use by Federal agencies for official purposes that— ‘‘(A) at a minimum, shall require certification of the birth certificate by the State or local govern- ment custodian of record that issued the certifi- cate, 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 de- signed to prevent tampering, counterfeiting, or oth- erwise duplicating the birth certificate for fraudu- lent purposes; ‘‘(B) shall establish requirements for proof and verification of identity as a condition of issuance of a birth certificate, with additional security meas- ures for the issuance of a birth certificate for a per- son 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 con- form; and ‘‘(E) shall accommodate the differences between the States in the manner and form in which birth records are stored and birth certificates are pro- duced from such records. ‘‘(4) CONSULTATION WITH GOVERNMENT AGENCIES.—In promulgating the standards required under paragraph (3), the Secretary of Health and Human Services shall consult with— ‘‘(A) the Secretary of Homeland Security; ‘‘(B) the Commissioner of Social Security; ‘‘(C) State vital statistics offices; and ‘‘(D) other appropriate Federal agencies. ‘‘(5) EXTENSION OF EFFECTIVE DATE.—The Secretary of Health and Human Services may extend the date specified under paragraph (1) for up to 2 years for birth certificates issued by a State if the Secretary determines that the State made reasonable efforts to comply with the date under paragraph (1) but was un- able to do so. ‘‘(c) GRANTS TO STATES.— ‘‘(1) ASSISTANCE IN MEETING FEDERAL STANDARDS.— ‘‘(A) IN GENERAL.—Beginning on the date a final regulation is promulgated under subsection (b)(3), the Secretary of Health and Human Services shall 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.)