US (United States) Code. Title 5. Chapter 3: Powers

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Government organization and employees

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publicidad

-CITE-

5 USC CHAPTER 3 - POWERS 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 3 - POWERS

.

-HEAD-

CHAPTER 3 - POWERS

-MISC1-

Sec.

301. Departmental regulations.

302. Delegation of authority.

303. Oaths to witnesses.

304. Subpenas.

305. Systematic agency review of operations.

306. Strategic plans.

AMENDMENTS

1993 - Pub. L. 103-62, Sec. 11(a), Aug. 3, 1993, 107 Stat. 295,

added item 306.

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5 USC Sec. 301 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 3 - POWERS

-HEAD-

Sec. 301. Departmental regulations

-STATUTE-

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.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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

12, 1958, Pub. L.

85-619, 72 Stat.

547.

-------------------------------

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.

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, provided that:

''(a) Birth Certificates. -

''(1) Standards for acceptance by federal agencies. -

''(A) In general. -

''(i) General rule. - Subject to clause (ii), a Federal

agency may not accept for any official purpose a certificate

of birth, unless the certificate -

''(I) is a birth certificate (as defined in paragraph (3)); and

''(II) conforms to the standards set forth in the regulation

promulgated under subparagraph (B).

''(ii) Applicability. - Clause (i) shall apply only to a

certificate of birth issued after the day that is 3 years

after the date of the promulgation of a final regulation

under subparagraph (B). Clause (i) shall not be construed to

prevent a Federal agency from accepting for official purposes

any certificate of birth issued on or before such day.

''(B) Regulation. -

''(i) Consultation with government agencies. - The

President shall select 1 or more Federal agencies to consult

with State vital statistics offices, and with other

appropriate Federal agencies designated by the President, for

the purpose of developing appropriate standards for birth

certificates that may be accepted for official purposes by

Federal agencies, as provided in subparagraph (A).

''(ii) Selection of lead agency. - Of the Federal agencies

selected under clause (i), the President shall select 1

agency to promulgate, upon the conclusion of the consultation

conducted under such clause, a regulation establishing

standards of the type described in such clause.

''(iii) Deadline. - The agency selected under clause (ii)

shall promulgate a final regulation under such clause not

later than the date that is 1 year after the date of the

enactment of this Act (Sept. 30, 1996).

''(iv) Minimum requirements. - The standards established

under this subparagraph -

''(I) at a minimum, shall require certification of the birth

certificate by the State or local custodian of record that

issued the certificate, and shall require the use of safety

paper, the seal of the issuing custodian of record, and

other features designed to limit tampering, counterfeiting,

and photocopying, or otherwise duplicating, the birth

certificate for fraudulent purposes;

''(II) may not require a single design to which birth certificates

issued by all States must conform; and

''(III) 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.

''(2) Grants to states. -

''(A) Assistance in meeting federal standards. -

''(i) In general. - Beginning on the date a final

regulation is promulgated under paragraph (1)(B), the

Secretary of Health and Human Services, acting through the

Director of the National Center for Health Statistics and

after consulting with the head of any other agency designated

by the President, shall make grants to States to assist them

in issuing birth certificates that conform to the standards

set forth in the regulation.

''(ii) Allocation of grants. - The Secretary shall provide

grants to States under this subparagraph in proportion to the

populations of the States applying to receive a grant and in

an amount needed to provide a substantial incentive for

States to issue birth certificates that conform to the

standards described in clause (i).

''(B) Assistance in matching birth and death records. -

''(i) In general. - The Secretary of Health and Human

Services, acting through the Director of the National Center

for Health Statistics and after consulting with the head of

any other agency designated by the President, shall make

grants to States to assist them in developing the capability

to match birth and death records, within each State and among

the States, and to note the fact of death on the birth

certificates of deceased persons. In developing the

capability described in the preceding sentence, a State that

receives a grant under this subparagraph shall focus first on

individuals born after 1950.

''(ii) Allocation and amount of grants. - The Secretary

shall provide grants to States under this subparagraph in

proportion to the populations of the States applying to

receive a grant and in an amount needed to provide a

substantial incentive for States to develop the capability

described in clause (i).

''(C) Demonstration projects. - The Secretary of Health and

Human Services, acting through the Director of the National

Center for Health Statistics, shall make grants to States for a

project in each of 5 States to demonstrate the feasibility of a

system under which persons otherwise required to report the

death of individuals to a State would be required to provide to

the State's office of vital statistics sufficient information

to establish the fact of death of every individual dying in the

State within 24 hours of acquiring the information.

''(3) Birth certificate. - As used in this subsection, the term

'birth certificate' means a certificate of birth -

''(A) of -

''(i) an individual born in the United States; or

''(ii) an individual born abroad -

''(I) who is a citizen or national of the United States at birth;

and

''(II) whose birth is registered in the United States; and

''(B) that -

''(i) is a copy, issued by a State or local authorized

custodian of record, of an original certificate of birth

issued by such custodian of record; or

''(ii) was issued by a State or local authorized custodian

of record and was produced from birth records maintained by

such custodian of record.

''((b) Repealed. Pub. L. 106-69, title III, Sec. 355, Oct. 9,

1999, 113 Stat. 1027.)

''(c) Report. - Not later than 1 year after the date of the

enactment of this Act (Sept. 30, 1996), the Secretary of Health and

Human Services shall submit a report to the Congress on ways to

reduce the fraudulent obtaining and the fraudulent use of birth

certificates, including any such use to obtain a social security

account number or a State or Federal document related to

identification or immigration.

''(d) Federal Agency Defined. - For purposes of this section, the

term 'Federal agency' means any of the following:

''(1) An Executive agency (as defined in section 105 of title

5, United States Code).

''(2) A military department (as defined in section 102 of such

title).

''(3) An agency in the legislative branch of the Government of

the United States.

''(4) An agency in the judicial branch of the Government of the

United States.''

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.

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5 USC Sec. 302 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 3 - POWERS

-HEAD-

Sec. 302. Delegation of authority

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 94-183, Sec.

2(1), Dec. 31, 1975, 89 Stat. 1057.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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5 U.S.C. 22a. Aug. 2, 1946, ch.

744, Sec. 12, 60

Stat. 809.

-------------------------------

Clause (2) of former section 22a is omitted because of the repeal

of R.S. Sec. 3683 (31 U.S.C. 675) by the Act of Sept. 12, 1950, ch.

946, Sec. 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 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.

AMENDMENTS

1975 - Subsec. (b)(2). Pub. L. 94-183 substituted ''3702'' for

''324''.

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5 USC Sec. 303 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 3 - POWERS

-HEAD-

Sec. 303. Oaths to witnesses

-STATUTE-

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379; Pub. L. 94-213, Feb.

13, 1976, 90 Stat. 179.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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5 U.S.C. 93. R.S. Sec. 183. Mar.

2, 1901, ch. 809,

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

ch. 412, Sec. 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.

AMENDMENTS

1976 - Pub. L. 94-213 designated existing provisions as subsec.

(a) and added subsec. (b).

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5 USC Sec. 304 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 3 - POWERS

-HEAD-

Sec. 304. Subpenas

-STATUTE-

(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 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.

-SOURCE-

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

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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(a) 5 U.S.C. 94. R.S. Sec. 184.

(b) 5 U.S.C. 96. R.S. Sec. 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. Sec. 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. Sec. 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, 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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 503 of this title.

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5 USC Sec. 305 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 3 - POWERS

-HEAD-

Sec. 305. Systematic agency review of operations

-STATUTE-

(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;

(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.

-SOURCE-

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 380; Pub. L. 96-54, Sec.

2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96-70, title III,

Sec. 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97-468,

title VI, Sec. 615(b)(1)(A), Jan. 14, 1983, 96 Stat. 2578.)

-MISC1-

Historical and Revision Notes

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Derivation U.S. Code Revised Statutes and

Statutes at Large

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(a) 5 U.S.C. 1085. Oct. 28, 1949, ch.

782, Sec. 205, 63

Stat. 957.

(b), (c) 5 U.S.C. 1151. Oct. 28, 1949, ch.

782, Sec. 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, Sec. 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.

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.

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''.

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.

Section 2(b) of Pub. L. 96-54 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.''

-TRANS-

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.

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.

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, Sec. 308(e), Oct. 19, 1982, 96 Stat. 1710.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 7204 of this title; title

10 sections 4540, 7212, 9540.

-CITE-

5 USC Sec. 306 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART I - THE AGENCIES GENERALLY

CHAPTER 3 - POWERS

-HEAD-

Sec. 306. Strategic plans

-STATUTE-

(a) No later than September 30, 1997, the head of each agency

shall submit to the Director of the Office of Management and Budget

and to the Congress a strategic plan for program activities. 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-related

goals and objectives, for the major functions and operations of

the agency;

(3) a description of how the goals and objectives are to be

achieved, including a description of the operational processes,

skills and technology, and the human, capital, information, and

other resources required to meet those goals and objectives;

(4) a description of how the performance goals included in the

plan required by section 1115(a) of title 31 shall be related to

the general goals and objectives in the strategic plan;

(5) 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; and

(6) a description of the program evaluations used in

establishing or revising general goals and objectives, with a

schedule for future program evaluations.

(b) The strategic plan shall cover a period of not less than five

years forward from the fiscal year in which it is submitted. The

strategic plan shall be updated and revised at least every three

years, except that the strategic plan for the Department of Defense

shall be updated and revised at least every four years.

(c) The performance plan required by section 1115 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 a strategic plan, the agency shall consult

with the Congress, and shall solicit and consider the views and

suggestions of those entities potentially affected by or interested

in such a plan.

(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 General Accounting Office, the

Panama Canal Commission, the United States Postal Service, and the

Postal Rate Commission.

-SOURCE-

(Added Pub. L. 103-62, Sec. 3, Aug. 3, 1993, 107 Stat. 286; amended

Pub. L. 106-65, div. A, title IX, Sec. 902, Oct. 5, 1999, 113

Stat. 717.)

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-65 substituted ''. The strategic

plan shall be updated and revised at least every three years,

except that the strategic plan for the Department of Defense shall

be updated and revised at least every four years.'' for '', and

shall be updated and revised at least every three years.''

CONSTRUCTION

No provision or amendment made by Pub. L. 103-62 to be construed

as creating any right, privilege, benefit, or entitlement for any

person who is not an officer or employee of the United States

acting in such capacity, and no person not an officer or employee

of the United States acting in such capacity to have standing to

file any civil action in any court of the United States to enforce

any provision or amendment made by Pub. L. 103-62, or to be

construed as superseding any statutory requirement, see section 10

of Pub. L. 103-62, set out as a note under section 1115 of Title

31, Money and Finance.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 7 section 3123; title 15

section 638; title 23 section 508; title 31 sections 1115, 1117,

1118, 1119; title 40 section 11315.

-CITE-