5 U.S.C. 301 - Powers

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[Laws in effect as of January 3, 2006]
[Document affected by Public Law 8 Section )-(d)]
[Document affected by Public Law 8 Section )]
[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
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
------------------------------------------------------------------------
5 U.S.C. 22. R.S. Sec. 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, 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.

Support for Youth Organizations

Pub. L. 109-163, div. A, title X, Sec. 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;
``(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, Sec. 8126(b), Dec. 30, 2005,
119 Stat. 2728, provided that:
``(1) Definitions.--In this subsection--
``(A) the term `Federal agency' means each department, agency,
instrumentality, or other entity of the United States Government;
and
``(B) the term `youth organization'--
``(i) means any organization that is designated by the
President as an organization that is primarily intended to--
``(I) serve individuals under the age of 21 years;
``(II) provide training in citizenship, leadership,
physical fitness, service to community, and teamwork; and
``(III) promote the development of character and ethical
and moral values; and
``(ii) shall include--
``(I) the Boy Scouts of America;
``(II) the Girl Scouts of the United States of America;
``(III) the Boys Clubs of America;
``(IV) the Girls Clubs of America;
``(V) the Young Men's Christian Association;
``(VI) the Young Women's Christian Association;
``(VII) the Civil Air Patrol;
``(VIII) the United States Olympic Committee;
``(IX) the Special Olympics;
``(X) Campfire USA;
``(XI) the Young Marines;
``(XII) the Naval Sea Cadets Corps;
``(XIII) 4-H Clubs;
``(XIV) the Police Athletic League;
``(XV) Big Brothers--Big Sisters of America; and
``(XVI) National Guard Youth Challenge.
``(2) In general.--
``(A) Support for youth organizations.--
``(i) 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. This clause shall be subject to the
availability of appropriations.
``(ii) Youth organizations that cease to exist.--Clause (i)
shall not apply to any youth organization that ceases to exist.
``(iii) Waivers.--The head of a Federal agency may waive the
application of clause (i) to any youth organization with respect
to each conviction or investigation described under subclause
(I) or (II) for a period of not more than 2 fiscal years if--
``(I) 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
``(II) the youth organization is the subject of a
criminal investigation relating to fraudulent use or waste
of Federal funds.
``(B) Types of support.--Support described under this paragraph
shall include--
``(i) holding meetings, camping events, or other activities
on Federal property;
``(ii) hosting any official event of such organization;
``(iii) loaning equipment; and
``(iv) providing personnel services and logistical
support.''

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.