5 U.s.c. 301

§ 104

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

controlled corporation’’ each time it is used in this
title.

§ 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 department, 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.
Editorial Notes
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’’.

Sec.

302.
303.
304.
305.
306.

Delegation of authority.
Oaths to witnesses.
Subpenas.
Systematic agency review of operations.
Agency strategic plans.

SUBCHAPTER II—FEDERAL EVIDENCE-BUILDING
ACTIVITIES
311.
312.
313.
314.
315.

Definitions.
Agency evidence-building plan.
Evaluation Officers.
Statistical expertise.
Advisory Committee on Data for Evidence
Building.
Editorial Notes
AMENDMENTS

2019—Pub. L. 115–435, title I, § 101(b), Jan. 14, 2019, 132
Stat. 5532, added headings for subchapters I and II and
items 311 to 315.
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 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

Statutory Notes and Related Subsidiaries
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.

§ 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
SUBCHAPTER I—GENERAL PROVISIONS
Sec.

301.

Departmental regulations.

Page 18

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 Na-

Page 19

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

tional 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.
Statutory Notes and Related Subsidiaries
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 Government Reform [now Committee on Oversight and Accountability] of the House of Representatives; and
‘‘(H) the Permanent Select Committee on Intelligence of the House of Representatives.
‘‘(2) DIRECTOR.—The term ‘Director’ means the Director of the Office of Personnel Management.
‘‘(3) NATIONAL INITIATIVE FOR CYBERSECURITY EDUCATION.—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 specific knowledge, skills, and abilities.
‘‘SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE.
‘‘(a) IN GENERAL.—The head of each Federal agency
shall—

§ 301

‘‘(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 Education 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 National Institute of Standards and Technology, shall
develop a coding structure under the National Initiative for Cybersecurity Education.
‘‘(B) IDENTIFICATION OF CIVILIAN CYBER PERSONNEL.—Not later than 9 months after the date of
enactment of this Act, the Director, in coordination with the Secretary of Homeland Security, the
Director of the National Institute of Standards and
Technology, and the Director of National Intelligence, shall establish procedures to implement
the National Initiative for Cybersecurity Education
coding structure to identify all Federal civilian positions that require the performance of information
technology, cybersecurity, or other cyber-related
functions.
‘‘(C) IDENTIFICATION OF NONCIVILIAN CYBER PERSONNEL.—Not later than 18 months after the date of
enactment of this Act, the Secretary of Defense
shall establish procedures to implement the National Initiative for Cybersecurity Education’s coding structure to identify all Federal noncivilian positions 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), respectively, the head of each Federal agency shall submit to the appropriate congressional committees of
jurisdiction a report that identifies—
‘‘(i) the percentage of personnel with information technology, cybersecurity, or other cyber-related job functions who currently hold the appropriate industry-recognized certifications as identified
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 identified in clause (i) or (ii) with the appropriate training and certification for existing personnel.
‘‘(E) PROCEDURES FOR ASSIGNING CODES.—Not later
than 3 months after the date on which the procedures are developed under subparagraphs (B) and
(C), respectively, the head of each Federal agency
shall establish procedures—
‘‘(i) to identify all encumbered and vacant positions 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 employment 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-

§ 301

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

signed to employees pursuant to section 303(b)(2), and
annually thereafter through 2022, the head of each Federal agency, in consultation with the Director, the Director of the National Institute of Standards and Technology, 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 identified under paragraph (1); and
‘‘(B) substantiates the critical need designations.
‘‘(b) GUIDANCE.—The Director shall provide Federal
agencies with timely guidance for identifying information technology, cybersecurity, or other cyber-related
roles of critical need, including—
‘‘(1) current information technology, cybersecurity,
and other cyber-related roles with acute skill shortages; and
‘‘(2) information technology, cybersecurity, or
other cyber-related roles with emerging skill shortages.
‘‘(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 Secretary of Homeland Security, shall—
‘‘(1) identify critical needs for information technology, cybersecurity, or other cyber-related workforce across all Federal agencies; and
‘‘(2) submit a progress report on the implementation 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 enactment of this Act [Dec. 18, 2015], submit a report to
the appropriate congressional committees that describes 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 effectiveness and accountability of Federal agencies to the public 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 Executive agency, as defined under section 105 of title 5,
United States Code.
‘‘(2) COVERED DOCUMENT.—The term ‘covered document’—
‘‘(A) means any document that—
‘‘(i) is necessary for obtaining any Federal Government 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 administers or enforces;
‘‘(B) includes (whether in paper or electronic
form) a letter, publication, form, notice, or instruction; and
‘‘(C) does not include a regulation.
‘‘(3) PLAIN WRITING.—The term ‘plain writing’
means writing that is clear, concise, well-organized,

Page 20

and follows other best practices appropriate to the
subject or field and intended audience.
‘‘SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.
‘‘(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 writing;
‘‘(D) establish a process for overseeing the ongoing 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 receive 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 DOCUMENTS.—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 Office of Management and Budget shall develop and
issue guidance on implementing the requirements of
this section. The Director may designate a lead agency, 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 annually 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 review of compliance or noncompliance with any provision of this Act.
‘‘(b) ENFORCEABILITY.—No provision of this Act shall
be construed to create any right or benefit, substantive

Page 21

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

or procedural, enforceable by any administrative or judicial action.
‘‘SEC. 7. BUDGETARY EFFECTS OF PAYGO LEGISLATION 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 reference 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 passage.’’

§ 301

‘‘(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.

SUPPORT FOR YOUTH ORGANIZATIONS

MINIMUM STANDARDS FOR BIRTH CERTIFICATES

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 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 [now
United States Olympic and Paralympic 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—

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 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 meas-

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TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

ures 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, § 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-

Page 22

ards 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.
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 September 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 reduction 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 supplemental 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 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.
(b) In addition to the authority to delegate
conferred by other law, the head of an agency
may delegate to subordinate officials the authority 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 proposals.
(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
5 U.S.C. 22a.

Revised Statutes and
Statutes at Large
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 ‘‘department’’ in section 18 of the Act of Aug. 2, 1946, ch. 744,
60 Stat. 811.
In subsection (b), the words ‘‘In addition to the authority to delegate conferred by other law,’’ are added

Page 23

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

for clarity and in recognition of the various reorganization plans which generally have transferred all functions of the departments and agencies to the heads
thereof and have authorized them to delegate the functions to subordinates.
Standard changes are made to conform with the definitions 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 attempts to defraud the United States, or irregularity 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.)
HISTORICAL AND REVISION NOTES
Derivation
..................

Revised Statutes and
Statutes at Large

U.S. Code
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 ‘‘departments’’ as the definition of ‘‘department’’ applicable to this section is coextensive with the definition of
‘‘Executive department’’ in section 101. So much as related 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 Statutes. 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 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.
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

§ 305

individual authorized to take depositions to be
used in the courts of the United States, to give
full and true answers to such written interrogatories and cross-interrogatories as may be submitted with the application, or to be orally examined and cross-examined on the subject of the
claim.
(b) If a witness, after being served with a subpena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district
in which the subpena issued may proceed, on
proper process, to enforce obedience to the subpena, 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
(a) .............
(b) .............

U.S. Code
5 U.S.C. 94.
5 U.S.C. 96.

Revised Statutes and
Statutes at Large
R.S. § 184.
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 section 101. The word ‘‘thereof’’ is added to reflect the
proper relationship between ‘‘department’’ and ‘‘bureau’’ 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 ‘‘officers’’ under section 2104, but are ‘‘officers’’ as that word
is used in R.S. § 184.
In subsection (a), 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 is set out in the reviser’s
note for section 301.
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.

§ 305. Systematic agency review of operations
(a) For the purpose of this section, ‘‘agency’’
means an Executive agency, but does not include—
(1) a Government controlled corporation;
(2) the Tennessee Valley Authority;

§ 306

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(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, Department of Defense.
(b) Under regulations prescribed and administered by the President, each agency shall review
systematically the operations of each of its activities, 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 activities, functions, or organization units;
(2) identifying the units that are outstanding in those respects; and
(3) identifying the employees whose personal
efforts have caused their units to be outstanding in efficiency and economy of operations.
(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.)
HISTORICAL AND REVISION NOTES
Derivation

Revised Statutes and
Statutes at Large

U.S. Code

(a) .............

5 U.S.C. 1085.

(b), (c) .......

5 U.S.C. 1151.

Oct. 28, 1949, ch. 782, § 205, 63
Stat. 957.
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 application 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, operates to preserve the application of this section to
wholly owned corporations. The exception for the Inland 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 Company’’ 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 definitions 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 redesignated pars. (4) to (8) as (3) to (7), respectively.

Page 24

1979—Subsec. (a)(7). Pub. L. 96–70 substituted ‘‘Commission’’ 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 section 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 Relations and Intercourse.
Pub. L. 96–54, § 2(b), Aug. 14, 1979, 93 Stat. 385, provided 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 Functions notes set out under those sections.
DISSOLUTION OF VIRGIN ISLANDS CORPORATION
Virgin Islands Corporation established to have succession 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 terminated 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 section 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 February of any year following the year in which
the term of the President commences under section 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 covering the major functions and operations of
the agency;
(2) general goals and objectives, including
outcome-oriented goals, for the major functions and operations of the agency;
(3) a description of how any goals and objectives contribute to the Federal Government
priority goals required by section 1120(a) of
title 31;
(4) a description of how the goals and objectives are to be achieved, including—

Page 25

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(A) a description of the operational processes, skills and technology, and the human,
capital, information, and other resources required 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 Federal Government priority goals;
(5) a description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required 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 priority 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 external to the agency and beyond its control
that could significantly affect the achievement 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 program evaluations to be conducted, and citations to relevant provisions of the plans required under section 312; and
(9) an assessment of the coverage, quality,
methods, effectiveness, and independence of
the statistics, evaluation, research, and analysis efforts of the agency, including—
(A) a list of the activities and operations
of the agency that are currently being evaluated and analyzed;
(B) the extent to which the evaluations,
research, and analysis efforts and related activities of the agency support the needs of
various divisions within the agency;
(C) the extent to which the evaluation research and analysis efforts and related activities of the agency address an appropriate
balance between needs related to organizational learning, ongoing program management, performance management, strategic
management, interagency and private sector
coordination, internal and external oversight, and accountability;
(D) the extent to which the agency uses
methods and combinations of methods that
are appropriate to agency divisions and the
corresponding research questions being addressed, including an appropriate combination of formative and summative evaluation
research and analysis approaches;
(E) the extent to which evaluation and research capacity is present within the agency
to include personnel and agency processes
for planning and implementing evaluation
activities, disseminating best practices and
findings, and incorporating employee views
and feedback; and
(F) the extent to which the agency has the
capacity to assist agency staff and program
offices to develop the capacity to use evaluation research and analysis approaches and
data in the day-to-day operations.
(b) The strategic plan shall cover a period of
not less than 4 years following the fiscal year in

§ 306

which the plan is submitted. As needed, the head
of the agency may make adjustments to the
strategic plan to reflect significant changes in
the environment in which the agency is operating, with appropriate notification of Congress.
(c) The performance plan required by section
1115(b) of title 31 shall be consistent with the
agency’s strategic plan. A performance plan
may not be submitted for a fiscal year not covered by a current strategic plan under this section.
(d) When developing or making adjustments to
a strategic plan, the agency shall consult periodically with the Congress, including majority
and minority views from the appropriate authorizing, appropriations, and oversight committees, and shall solicit and consider the views
and suggestions of those entities potentially affected by or interested in such a plan. The agency shall consult with the appropriate committees of Congress at least once every 2 years.
(e) The functions and activities of this section
shall be considered to be inherently governmental functions. The drafting of strategic
plans under this section shall be performed only
by Federal employees.
(f) For purposes of this section the term
‘‘agency’’ means an Executive agency defined
under section 105, but does not include the Central Intelligence Agency, the Government Accountability Office, the United States Postal
Service, and the Postal Regulatory Commission.
(Added Pub. L. 111–352, § 2, Jan. 4, 2011, 124 Stat.
3866; amended Pub. L. 115–435, title I, § 101(c),
Jan. 14, 2019, 132 Stat. 5533.)
Editorial Notes
PRIOR PROVISIONS
A prior section 306, added Pub. L. 103–62, § 3, Aug. 3,
1993, 107 Stat. 286; amended Pub. L. 106–65, div. A, title
IX, § 902, Oct. 5, 1999, 113 Stat. 717; 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, related to strategic
plans, prior to repeal by Pub. L. 111–352, § 2, Jan. 4, 2011,
124 Stat. 3866.
AMENDMENTS
2019—Subsec. (a)(7). Pub. L. 115–435, § 101(c)(1), substituted semicolon for ‘‘; and’’ at end.
Subsec. (a)(8). Pub. L. 115–435, § 101(c)(2), inserted
‘‘, and citations to relevant provisions of the plans required under section 312; and’’ after ‘‘to be conducted’’
and struck out period at end.
Subsec. (a)(9). Pub. L. 115–435, § 101(c)(3), added par.
(9).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2019 AMENDMENT
Pub. L. 115–435, title IV, § 403, Jan. 14, 2019, 132 Stat.
5557, provided that: ‘‘Except as otherwise provided, this
Act [see Short Title of 2019 Amendment note set out
under section 101 of this title], and the amendments
made by this Act, shall take effect on the date that is
180 days after the date of the enactment of this Act
[Jan. 14, 2019].’’
CONSTRUCTION OF 2019 AMENDMENT
Pub. L. 115–435, title IV, § 401, Jan. 14, 2019, 132 Stat.
5556, provided that: ‘‘Nothing in this Act [see Short
Title of 2019 Amendment note set out under section 101
of this title], or the amendments made by this Act,
may be construed—

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 311

‘‘(1) to require the disclosure of information or
records that are exempt from disclosure under section 552 of title 5, United States Code (commonly
known as the ‘Freedom of Information Act’);
‘‘(2) to create or expand an exemption from disclosure under such section;
‘‘(3) to override, limit, or otherwise affect intellectual property rights, including rights under titles 17
and 35, United States Code;
‘‘(4) to affect the authority of a Federal agency regarding the use, disclosure, or licensing of—
‘‘(A) confidential business information that could
be withheld under section 552(b)(4) of title 5, United
States Code; or
‘‘(B) data assets restricted from disclosure under
a contract or other binding, written agreement; or
‘‘(5) to affect the independence, responsibilities, or
work products of an Inspector General of any agency.’’
[For definition of ‘‘agency’’ as used in section 401 of
Pub. L. 115–435, set out above, see section 101(e)(4)(A) of
Pub. L. 115–435, set out as a note under section 311 of
this title.]
GAO REPORT
Pub. L. 115–435, title I, § 101(d), Jan. 14, 2019, 132 Stat.
5533, provided that: ‘‘Not later than 2 years after the
date on which each strategic plan required under section 306(a) of title 5, United States Code, is published,
the Comptroller General of the United States shall submit to Congress a report that—
‘‘(1) summarizes agency findings and highlights
trends in the assessment conducted pursuant to subsection (a)(9) of section 306 of title 5, United States
Code, as added by subsection (c); and
‘‘(2) if appropriate, recommends actions to further
improve agency capacity to use evaluation techniques and data to support evaluation efforts.’’
[For definitions of ‘‘agency’’ and ‘‘evaluation’’ as
used in section 101(d) of Pub. L. 115–435, set out above,
see section 101(e)(4) of Pub. L. 115–435, set out as a note
under section 311 of this title.]
BIENNIAL OMB REPORT
Pub. L. 115–435, title II, § 202(g)(2), Jan. 14, 2019, 132
Stat. 5544, provided that: ‘‘Not later than 1 year after
[the] date of the enactment of this Act [Jan. 14, 2019],
and biennially thereafter, the Director of the Office of
Management and Budget shall electronically publish a
report on agency performance and compliance with this
Act [see Short Title of 2019 Amendment note set out
under section 101 of this title] and the amendments
made by this Act.’’
[For definition of ‘‘agency’’ as used in section
202(g)(2) of Pub. L. 115–435, set out above, see section
101(e)(4)(A) of Pub. L. 115–435, set out as a note under
section 311 of this title.]
USE OF EXISTING RESOURCES
Pub. L. 115–435, title IV, § 402, Jan. 14, 2019, 132 Stat.
5557, provided that: ‘‘To the extent practicable, the
head of each agency shall use existing procedures and
systems to carry out agency requirements and shall select existing employees for appointments under this
Act [see Short Title of 2019 Amendment note set out
under section 101 of this title] and the amendments
made by this Act.’’
[For definition of ‘‘agency’’ as used in section 402 of
Pub. L. 115–435, set out above, see section 101(e)(4)(A) of
Pub. L. 115–435, set out as a note under section 311 of
this title.]

SUBCHAPTER II—FEDERAL EVIDENCEBUILDING ACTIVITIES
§ 311. Definitions
In this subchapter:
(1) AGENCY.—The term ‘‘agency’’ means an
agency referred to under section 901(b) of title
31.

Page 26

(2) DIRECTOR.—The term ‘‘Director’’ means
the Director of the Office of Management and
Budget.
(3) EVALUATION.—The term ‘‘evaluation’’
means an assessment using systematic data
collection and analysis of one or more programs, policies, and organizations intended to
assess their effectiveness and efficiency.
(4) EVIDENCE.—The term ‘‘evidence’’ has the
meaning given that term in section 3561 of
title 44.
(5) STATE.—The term ‘‘State’’ means each of
the several States, the District of Columbia,
each territory or possession of the United
States, and each federally recognized governing body of any Indian Tribe, band, nation,
pueblo, or other organized group or community which is recognized as eligible for the special programs and services provided by the
United States to Indians because of their status as Indians.
(6) STATISTICAL ACTIVITIES; STATISTICAL
AGENCY OR UNIT; STATISTICAL PURPOSE.—The
terms ‘‘statistical activities’’, ‘‘statistical
agency or unit’’, and ‘‘statistical purpose’’
have the meanings given those terms in section 3561 of title 44.
(Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14,
2019, 132 Stat. 5530.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as an Effective Date
of 2019 Amendment note under section 306 of this title.
EVALUATION AND PERSONNEL STANDARDS
Pub. L. 115–435, title I, § 101(e), Jan. 14, 2019, 132 Stat.
5534, provided that:
‘‘(1) REQUIREMENT.—Not later than 1 year after the
date of enactment of this Act [Jan. 14, 2019], the Director of the Office of Management and Budget, in consultation with any interagency council relating to
evaluation, shall—
‘‘(A) issue guidance for program evaluation for
agencies consistent with widely accepted standards
for evaluation; and
‘‘(B) identify best practices for evaluation that
would improve Federal program evaluation.
‘‘(2) GUIDANCE.—Not later than 90 days after the date
on which the guidance under paragraph (1) is issued,
the head of each agency shall oversee the implementation of such guidance.
‘‘(3) OPM GUIDANCE.—Not later than 180 days after the
date on which the guidance under paragraph (1) is
issued, the Director of the Office of Personnel Management, in consultation with the Director of the Office of
Management and Budget, shall—
‘‘(A) identify key skills and competencies needed
for program evaluation in an agency;
‘‘(B) establish a new occupational series, or update
and improve an existing occupational series, for program evaluation within an agency; and
‘‘(C) establish a new career path for program evaluation within an agency.
‘‘(4) DEFINITIONS.—In this Act [see Short Title of 2019
Amendment note set out under section 101 of this title]:
‘‘(A) AGENCY.—Except as otherwise provided, the
term ‘agency’ has the meaning given the term ‘Executive agency’ under section 105 [probably means section 105 of title 5, United States Code].
‘‘(B) EVALUATION.—The term ‘evaluation’ has the
meaning given that term in section 311 of title 5,
United States Code, as added by subsection (a).’’

Page 27

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

§ 312. Agency evidence-building plan
(a) REQUIREMENT.—The head of each agency
shall include in the strategic plan required
under section 306 a systematic plan for identifying and addressing policy questions relevant
to the programs, policies, and regulations of the
agency. Such plan shall contain the following:
(1) A list of policy-relevant questions for
which the agency intends to develop evidence
to support policymaking.
(2) A list of data the agency intends to collect, use, or acquire to facilitate the use of
evidence in policymaking.
(3) A list of methods and analytical approaches that may be used to develop evidence
to support policymaking.
(4) A list of any challenges to developing evidence to support policymaking, including any
statutory or other restrictions to accessing
relevant data.
(5) A description of the steps the agency will
take to accomplish paragraphs (1) and (2).
(6) Any other information as required by
guidance issued by the Director.
(b) EVALUATION PLAN.—The head of each agency shall issue in conjunction with the performance plan required under section 1115(b) of title
31, an evaluation plan describing activities the
agency plans to conduct pursuant to subsection
(a) of this section during the fiscal year following the year in which the performance plan
is submitted. Such plan shall—
(1) describe key questions for each significant evaluation study that the agency plans to
begin in the next fiscal year;
(2) describe key information collections or
acquisitions the agency plans to begin in the
next fiscal year; and
(3) any 1 other information included in guidance issued by the Director under subsection
(a)(6).
(c) CONSULTATION.—In developing the plan required under subsection (a), the head of an agency shall consult with stakeholders, including
the public, agencies, State and local governments, and representatives of non-governmental
researchers.

§ 315

(c) COORDINATION.—The Evaluation Officer of
an agency shall, to the extent practicable, coordinate activities with agency officials necessary to carry out the functions required under
subsection (d).
(d) FUNCTIONS.—The Evaluation Officer of each
agency shall—
(1) continually assess the coverage, quality,
methods, consistency, effectiveness, independence, and balance of the portfolio of evaluations, policy research, and ongoing evaluation
activities of the agency;
(2) assess agency capacity to support the development and use of evaluation;
(3) establish and implement an agency evaluation policy; and
(4) coordinate, develop, and implement the
plans required under section 312.
(Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14,
2019, 132 Stat. 5531.)
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as an Effective Date
of 2019 Amendment note under section 306 of this title.

§ 314. Statistical expertise
(a) IN GENERAL.—The head of each agency
shall designate the head of any statistical agency or unit within the agency, or in the case of
an agency that does not have a statistical agency or unit, any senior agency official with appropriate expertise, as a statistical official to
advise on statistical policy, techniques, and procedures. Agency officials engaged in statistical
activities may consult with any such statistical
official as necessary.
(b) MEMBERSHIP ON INTERAGENCY COUNCIL ON
STATISTICAL POLICY.—Each statistical official
designated under subsection (a) shall serve as a
member of the Interagency Council on Statistical Policy established under section 3504(e)(8)
of title 44.
(Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14,
2019, 132 Stat. 5531.)
Statutory Notes and Related Subsidiaries

(Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14,
2019, 132 Stat. 5530.)

EFFECTIVE DATE

Statutory Notes and Related Subsidiaries

Section effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as an Effective Date
of 2019 Amendment note under section 306 of this title.

EFFECTIVE DATE
Section effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as an Effective Date
of 2019 Amendment note under section 306 of this title.

§ 313. Evaluation Officers
(a) ESTABLISHMENT.—The head of each agency
shall designate a senior employee of the agency
as the Evaluation Officer of the agency.
(b) QUALIFICATIONS.—The Evaluation Officer of
an agency shall be appointed or designated without regard to political affiliation and based on
demonstrated expertise in evaluation methodology and practices and appropriate expertise to
the disciplines of the agency.
1 So

in original.

§ 315. Advisory Committee on Data for Evidence
Building
(a) ESTABLISHMENT.—The Director, or the head
of an agency designated by the Director, shall
establish an Advisory Committee on Data for
Evidence Building (in this section referred to as
the ‘‘Advisory Committee’’) to review, analyze,
and make recommendations on how to promote
the use of Federal data for evidence building.
(b) MEMBERSHIP.—The members of the Advisory Committee shall consist of the Chief Statistician of the United States, who shall serve as
the Chair of the Advisory Committee, and other
members appointed by the Director as follows:
(1) One member who is an agency Chief Information Officer.

§ 401

TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES

(2) One member who is an agency Chief Privacy Officer.
(3) One member who is an agency Chief Performance Officer.
(4) Three members who are agency Chief
Data Officers.
(5) Three members who are agency Evaluation Officers.
(6) Three members who are members of the
Interagency Council for Statistical Policy 1 established under section 3504(e)(8) of title 44.
(7) At least 10 members who are representatives of State and local governments and nongovernmental stakeholders with expertise in
government data policy, privacy, technology,
transparency policy, evaluation and research
methodologies, and other relevant subjects, of
whom—
(A) at least one shall have expertise in
transparency policy;
(B) at least one shall have expertise in privacy policy;
(C) at least one shall have expertise in statistical data use;
(D) at least one shall have expertise in information management;
(E) at least one shall have expertise in information technology; and
(F) at least one shall be from the research
and evaluation community.
(c) TERM OF SERVICE.—
(1) IN GENERAL.—Each member of the Advisory Committee shall serve for a term of 2
years.
(2) VACANCY.—Any member appointed to fill
a vacancy occurring before the expiration of
the term for which the member’s predecessor
was appointed shall be appointed only for the
remainder of that term. A vacancy in the
Commission shall be filled in the manner in
which the original appointment was made.
(d) COMPENSATION.—Members of the Advisory
Committee shall serve without compensation.
(e) DUTIES.—The Advisory Committee shall—
(1) assist the Director in carrying out the
duties of the Director under part D of subchapter III of chapter 35 of title 44;
(2) evaluate and provide recommendations to
the Director on how to facilitate data sharing,
enable data linkage, and develop privacy enhancing techniques; and
(3) review the coordination of data sharing
or availability for evidence building across all
agencies.
(f) REPORTS.—The Advisory Committee shall
submit to the Director and make publicly available an annual report on the activities and findings of the Advisory Committee.
(g) TERMINATION.—The Advisory Committee
shall terminate not later than two years after
the date of the first meeting.
(Added Pub. L. 115–435, title I, § 101(a)(2), Jan. 14,
2019, 132 Stat. 5531.)
1 So in original. Probably should be ‘‘Interagency Council on
Statistical Policy’’.

Page 28

Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective 180 days after Jan. 14, 2019, see section 403 of Pub. L. 115–435, set out as an Effective Date
of 2019 Amendment note under section 306 of this title.

CHAPTER 4—INSPECTORS GENERAL
Sec.

401.
402.
403.
404.
405.
406.
407.
408.

409.
410.
411.
412.
413.
414.
415.
416.
417.
418.
419.
420.
421.
422.
423.
424.

Definitions.
Establishment and purpose of Offices of Inspector General.
Appointments.
Duties and responsibilities.
Reports.
Authority of Inspector General.
Complaints by employees.
Additional provisions with respect to the Inspector General of the Department of Defense.
Special provisions concerning the Agency for
International Development.
Special provisions concerning the Nuclear
Regulatory Commission.
Special provisions concerning the Federal Deposit Insurance Corporation.
Special provisions concerning the Department of the Treasury.
Special provisions concerning the Department of Justice.
Special provisions concerning the Corporation for National and Community Service.
Requirements for Federal entities and designated Federal entities.
Additional provisions with respect to Inspectors General of the intelligence community.
Special provisions concerning the Department of Homeland Security.
Rule of construction of special provisions.
Special provisions concerning overseas contingency operations.
Information on websites of Offices of Inspectors General.
Additional provisions with respect to the Department of Energy.
Transfer of functions.
Pay of Inspectors General.
Establishment of the Council of the Inspectors General on Integrity and Efficiency.

§ 401. Definitions
In this chapter:
(1) ESTABLISHMENT.—The term ‘‘establishment’’ means the Department of Agriculture,
Commerce,
Defense,
Education,
Energy,
Health and Human Services, Housing and
Urban Development, the Interior, Justice,
Labor, State, Transportation, Homeland Security, the Treasury, or Veterans Affairs; the
Agency for International Development, the
Community Development Financial Institutions Fund, the Environmental Protection
Agency, the Federal Communications Commission, the Federal Emergency Management
Agency, the General Services Administration,
the National Aeronautics and Space Administration, the Nuclear Regulatory Commission,
the Office of Personnel Management, the Railroad Retirement Board, the Federal Deposit
Insurance Corporation, the Small Business Administration, the Corporation for National
and Community Service, the Social Security
Administration, the Federal Housing Finance
Agency, the Tennessee Valley Authority, the
Export-Import Bank of the United States, the