5 Usc 301

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[Laws in effect as of January 20, 2004]

[Document not affected by Public Laws enacted between

January 20, 2004 and December 23, 2004]

[CITE: 5USC301]

TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I--THE AGENCIES GENERALLY

CHAPTER 3--POWERS

Sec. 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.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.)

Historical and Revision Notes

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Revised Statutes and

Derivation U.S. Code Statutes at Large

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5 U.S.C. 22. R.S. Sec. 161.

Aug. 12, 1958, Pub.

L. 85-619, 72 Stat.

547.

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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 (63 Stat. 578), the Department of the Army, the

Department of the Navy, and the Department of the Air Force were

Executive departments. The National Security Act Amendments of 1949

established the Department 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

military departments by virtue of section 12(g) of the National Security

Act Amendments of 1949 (63 Stat. 591), which provided:

``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, Sec. 201(d), as added Aug. 10, 1949, ch. 412,

Sec. 4, 63 Stat. 579 (former 5 U.S.C. 171-1), which provides ``Except to

the extent inconsistent with the provisions of this Act [National

Security Act of 1947], the provisions of title IV of the Revised

Statutes as now or hereafter amended shall be applicable to the

Department of Defense'' is omitted from this title but is not repealed.

Standard changes are made to conform with the definitions applicable

and the style of this title as outlined in the preface to the report.

Minimum Standards for Birth Certificates

Pub. L. 108-458, title VII, Sec. 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 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) Standards for Acceptance by Federal Agencies.--

``(1) In general.--Beginning 2 years after the promulgation of

minimum standards under paragraph (3), no Federal agency may accept

a birth certificate for any official purpose unless the certificate

conforms 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 subparagraph (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 Secretary 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 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) 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 unable 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 award grants to States to assist them

in conforming to the minimum standards for birth certificates

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 annual 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 subparagraph (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 Commissioner of Social

Security and other appropriate Federal agencies, shall award

grants to States, under criteria established by the Secretary,

to assist 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

certificates of deceased persons.

``(B) Allocation of grants.--The Secretary shall award

grants to qualifying States under this paragraph 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 subparagraph (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, Sec. 656, Sept. 30, 1996, 110

Stat. 3009-716, as amended by Pub. L. 106-69, title III, Sec. 355, Oct.

9, 1999, 113 Stat. 1027, which related to standards for acceptance of

birth certificates by Federal agencies for any official purpose,

required the Secretary 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 demonstration 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, Sec. 7211(e), Dec. 17, 2004, 118 Stat. 3827.

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 section 2000e of Title 42, The Public Health and

Welfare.