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-CITE5 USC Sec. 301

01/07/2011

-EXPCITETITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I - THE AGENCIES GENERALLY
CHAPTER 3 - POWERS

-HEADSec. 301. Departmental regulations

-STATUTEThe 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

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to the public.

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

-MISC1-

HISTORICAL AND REVISION NOTES
-------------------------------------------------------------------Derivation

U.S. Code

Revised Statutes and
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
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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

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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.

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.

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"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, and follows other best
practices appropriate to the subject or field and intended
audience.

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"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 -

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"(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).

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"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 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

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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."

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;

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"(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)

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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,

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119 Stat. 2728, which contained provisions substantially similar to
those in Pub. L. 109-163, Sec. 1058(a), (b), set out above, was
repealed by Pub. L. 109-364, div. A, title X, Sec. 1071(f)(3), Oct.
17, 2006, 120 Stat. 2402.

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

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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

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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

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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.

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"(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

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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,
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The Public Health and Welfare.

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