5 Usc 301

§ 102

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

2001 of Title 39, Postal Service, and repealing provisions
set out as a note under section 8348 of this title] may
be cited as the ‘Postal Civil Service Retirement System
Funding Reform Act of 2003’.’’
SHORT TITLE OF 2002 AMENDMENT
Pub. L. 107–296, title XIII, § 1301, Nov. 25, 2002, 116
Stat. 2287, provided that: ‘‘This title [enacting chapter
14 of this title, subchapter II of chapter 35 of this title,
and section 3319 of this title, amending sections 1103,
3111, 3304, 3393, 3592 to 3594, 4107, 5307, 7701, 7905, 8336,
8339, 8414, and 8421 of this title, sections 1115 and 1116 of
Title 31, Money and Finance, and section 1902 of Title
50, War and National Defense, repealing section 3393a of
this title, enacting provisions set out as notes under
sections 1103, 1401, 3301, 3521, 3592, 3593, and 8336 of this
title, and repealing provisions set out as notes under
sections 8336 and 8414 of this title] may be cited as the
‘Chief Human Capital Officers Act of 2002’.’’
SHORT TITLE OF 2001 AMENDMENT
Pub. L. 107–27, § 1, Aug. 20, 2001, 115 Stat. 207, provided
that: ‘‘This Act [amending sections 8335 and 8425 of this
title] may be cited as the ‘Federal Firefighters Retirement Age Fairness Act’.’’
PROHIBITION AGAINST CONSTRUCTION THAT WOULD
RENDER APPLICABLE TO THE DEPARTMENT OF TRANSPORTATION PROVISIONS OF LAW INCONSISTENT WITH
PUB. L. 89–670 CREATING THE DEPARTMENT OF
TRANSPORTATION
Section 10(c) of Pub. L. 89–670, which provided that
the amendment made to this section by section 10(b) of
Pub. L. 89–670 was not to be construed to make applicable to the Department any provision of law inconsistent with Pub. L. 89–670, was repealed by Pub. L. 104–287,
§ 7(5), Oct. 11, 1996, 110 Stat. 3400.

§ 102. Military departments
The military departments are:
The Department of the Army.
The Department of the Navy.
The Department of the Air Force.

Page 12

partment, Government corporation, or part
thereof, or part of an independent establishment; and
(2) the Government Accountability Office.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379; Pub. L.
91–375, § 6(c)(2), Aug. 12, 1970, 84 Stat. 775; Pub. L.
108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L.
109–435, title VI, § 604(b), Dec. 20, 2006, 120 Stat.
3241.)
HISTORICAL AND REVISION NOTES
The section is supplied to avoid the necessity for defining ‘‘independent establishment’’ each time it is
used in this title.
Certain agencies are not independent establishments
under the definition since they are constituent agencies or parts of an independent establishment. However,
these agencies would continue to be subject to the provisions of this title applicable to the independent establishment of which they are a constituent or part.
Also, the definition does not expand or abridge any
rights or authority possessed by these agencies as no
substantive changes are intended, see section 7(a) of
the bill.
AMENDMENTS
2006—Par. (1). Pub. L. 109–435 substituted ‘‘Postal
Regulatory Commission’’ for ‘‘Postal Rate Commission’’.
2004—Par. (2). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting
Office’’.
1970—Par. (1). Pub. L. 91–375 inserted ‘‘(other than the
United States Postal Service or the Postal Rate Commission)’’ after ‘‘executive branch’’.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91–375 effective within 1 year
after Aug. 12, 1970, on date established therefor by
Board of Governors of United States Postal Service and
published by it in Federal Register, see section 15(a) of
Pub. L. 91–375, set out as an Effective Date note preceding section 101 of Title 39, Postal Service.

(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.)
HISTORICAL AND REVISION NOTES
The section is supplied to avoid the necessity for defining ‘‘military departments’’ each time it is used in
this title. See section 101(7) of title 10.

§ 103. Government corporation
For the purpose of this title—
(1) ‘‘Government corporation’’ means a corporation owned or controlled by the Government of the United States; and
(2) ‘‘Government controlled corporation’’
does not include a corporation owned by the
Government of the United States.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.)
HISTORICAL AND REVISION NOTES
The section is supplied to avoid the necessity for defining ‘‘Government corporation’’ and ‘‘Government
controlled corporation’’ each time it is used in this
title.

§ 105. Executive agency
For the purpose of this title, ‘‘Executive agency’’ means an Executive department, a Government corporation, and an independent establishment.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.)
HISTORICAL AND REVISION NOTES
The section is supplied to avoid the necessity for defining ‘‘Executive agency’’ each time it is used in this
title.

CHAPTER 3—POWERS
Sec.

301.
302.
303.
304.
305.
306.

Departmental regulations.
Delegation of authority.
Oaths to witnesses.
Subpenas.
Systematic agency review of operations.
Strategic plans.
AMENDMENTS

§ 104. Independent establishment
For the purpose of this title, ‘‘independent establishment’’ means—
(1) an establishment in the executive branch
(other than the United States Postal Service
or the Postal Regulatory Commission) which
is not an Executive department, military de-

1993—Pub. L. 103–62, § 11(a), Aug. 3, 1993, 107 Stat. 295,
added item 306.

§ 301. Departmental regulations
The head of an Executive department or military department may prescribe regulations for
the government of his department, the conduct

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

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
Derivation

U.S. Code

..................

5 U.S.C. 22.

Revised Statutes and
Statutes at Large
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’’ 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, § 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 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.
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;

§ 301

‘‘(2) the Girl Scouts of the United States of America;
‘‘(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;
‘‘(9) the Special Olympics;
‘‘(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 intended to—
‘‘(A) serve individuals under the age of 21 years;
‘‘(B) provide training in citizenship, leadership,
physical fitness, service to community, and teamwork; and
‘‘(C) promote the development of character and
ethical and moral values.
‘‘(b) SUPPORT FOR YOUTH ORGANIZATIONS.—
‘‘(1) CONTINUATION OF SUPPORT.—No Federal law (including 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, relating to that youth organization) than was provided
during the preceding fiscal year to that youth organization. This paragraph shall be subject to the availability of appropriations.
‘‘(2) YOUTH ORGANIZATIONS THAT CEASE TO EXIST.—
Paragraph (1) shall not apply to any youth organization that ceases to exist.
‘‘(3) WAIVERS.—The head of a Federal agency may
waive the application of paragraph (1) to a youth organization with respect to each conviction or investigation 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 official 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 paragraph (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 organization;
‘‘(C) loaning equipment for the use of a youth organization; 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 substantially 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)—

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

‘‘(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

Page 14

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, § 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 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, § 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.

§ 302. Delegation of authority
(a) For the purpose of this section, ‘‘agency’’
has the meaning given it by section 5721 of this
title.