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.)
|Derivation||U.S. Code||Revised Statutes and |
Statutes at Large
|5 U.S.C. 22.||R.S. §161.
Aug. 12, 1958, Pub. L. 85–619, 72 Stat. 547.
The words “Executive department” are substituted for “department” as the definition of “department” applicable to this section is coextensive with the definition of “Executive department” in section 101. The words “not inconsistent with law” are omitted as surplusage as a regulation which is inconsistent with law is invalid.
The words “or military department” are inserted to preserve the application of the source law. Before enactment of the National Security Act Amendments of 1949 (63 Stat. 578), the Department of the Army, the Department of the Navy, and the Department of the Air Force were Executive departments. The National Security Act Amendments of 1949 established the Department of Defense as an Executive Department including the Department of the Army, the Department of the Navy, and the Department of the Air Force as military departments, not as Executive departments. However, the source law for this section, which was in effect in 1949, remained applicable to the Secretaries of the military departments by virtue of section 12(g) of the National Security Act Amendments of 1949 (63 Stat. 591), which provided:
“All laws, orders, regulations, and other actions relating to the National Military Establishment, the Departments of the Army, the Navy, or the Air Force, or to any officer or activity of such establishment or such departments, shall, except to the extent inconsistent with the provisions of this Act, have the same effect as if this Act had not been enacted; but, after the effective date of this Act, any such law, order, regulation, or other action which vested functions in or otherwise related to any officer, department, or establishment, shall be deemed to have vested such function in or relate to the officer, or department, executive or military, succeeding the officer, department, or establishment in which such function was vested. For purposes of this subsection the Department of Defense shall be deemed the department succeeding the National Military Establishment, and the military departments of Army, Navy, and Air Force shall be deemed the departments succeeding the Executive Departments of Army, Navy, and Air Force.”
This section was part of title IV of the Revised Statutes. The Act of July 26, 1947, ch. 343, §201(d), as added Aug. 10, 1949, ch. 412, §4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides “Except to the extent inconsistent with the provisions of this Act [National Security Act of 1947], the provisions of title IV of the Revised Statutes as now or hereafter amended shall be applicable to the Department of Defense” is omitted from this title but is not repealed.
Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Pub. L. 111–274, Oct. 13, 2010, 124 Stat. 2861, provided that:
“This Act may be cited as the ‘Plain Writing Act of 2010’.
“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.
“In this Act:
“(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.
“(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.
“(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.
“(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).
“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.”
Pub. L. 109–163, div. A, title X, §1058(a), (b), Jan. 6, 2006, 119 Stat. 3442, provided that:
“(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.
“(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.
“(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.
Pub. L. 108–458, title VII, §7211(a)–(d), Dec. 17, 2004, 118 Stat. 3825–3827, provided that:
“(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
“(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.
“(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.
“(A) the Secretary of Homeland Security;
“(B) the Commissioner of Social Security;
“(C) State vital statistics offices; and
“(D) other appropriate Federal agencies.
“(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.
Pub. L. 104–208, div. C, title VI, §656, Sept. 30, 1996, 110 Stat. 3009–716, as amended by Pub. L. 106–69, title III, §355, Oct. 9, 1999, 113 Stat. 1027, which related to standards for acceptance of birth certificates by Federal agencies for any official purpose, required the Secretary of Health and Human Services to make grants to States for assistance in meeting Federal standards and in matching birth and death records and for demonstration projects, and required the Secretary to submit a report to the Congress on ways to reduce the fraudulent obtaining and use of birth certificates, was repealed by Pub. L. 108–458, title VII, §7211(e), Dec. 17, 2004, 118 Stat. 3827.
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.