Sec. 301. 302. 303. 304. 305. CHAPTER 3-POWERS Departmental regulations. Delegation of authority. Subpenas. Systematic agency review of operations. 306. Strategic plans. §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. § 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. § 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. §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 individual authorized to take depositions to be used in the courts of the United States, to give full and true answers to such 53-542 99-2 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. § 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; (3) the Alaska Railroad; (4) the Virgin Islands Corporation; (8) 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. § 306. Strategic plans (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, and shall be updated and revised at least every three 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. Sec. 500. 501. 502. 503. 504. 551. 552. 552a. 552b. 553. 554. 555. 556. 557. 558. 559. CHAPTER 5-ADMINISTRATIVE PROCEDURE SUBCHAPTER I-GENERAL PROVISIONS Administrative practice; general provisions. Advertising practice; restrictions. Administrative practice; Reserves and National Guardsmen. Witness fees and allowances. Costs and fees of parties. SUBCHAPTER II-ADMINISTRATIVE PROCEDURE Definitions. Public information; agency rules, opinions, orders, records, and proceedings. Open meetings. Rule making. Adjudications. Ancillary matters. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record. Imposition of sanctions; determination of applications for licenses; suspension, revocation, and expiration of licenses. Effect on other laws; effect of subsequent statute. SUBCHAPTER III-NEGOTIATED RULEMAKING PROCEDURE 1 Sec. 561. Purpose. Sec. 562. Definitions. Sec. 563. Determination of need for negotiated rulemaking committee. Sec. 566. Conduct of committee activity. Sec. 567. Termination of committee. Sec. 568. Services, facilities, and payment of committee member expenses. 569. Encouraging negotiated rulemaking. Sec. 570. Judicial review. 570a. Authorization of appropriations. SUBCHAPTER IV-ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS1 Sec. 571. Definitions. Sec. 572. General authority. Sec. 573. Neutrals. Sec. 574. Confidentiality. Sec. 575. Authorization of arbitration. Sec. 576. Enforcement of arbitration agreements. Sec. 577. Arbitrators. Sec. 578. Authority of the arbitrator. Sec. 579. Arbitration proceedings. Sec. 580. Arbitration awards. Sec. 581. Judicial review. The items relating to sections 561-596 generally were added by section 4 of P.L. 102-354 (106 Stat. 945). These items probably should not have "Sec." at the beginning. The items relating to sections 569 and 570a were added by sections 11(b)(2) and 11(d)(2), respectively, of P.L. 104-320 (110 Stat. 3873, 3874). These items conform with the style of this table of sections. 2 Does not match section catchline. Sec. 593. Administrative Conference of the United States. Sec. 594. Powers and duties of the Conference. Sec. 595. Organization of the Conference. Sec. 596. Authorization of appropriations. SUBCHAPTER I-GENERAL PROVISIONS § 500. Administrative practice; general provisions (1) "agency" has the meaning given it by section 551 of this title; and (a) For the purpose of this section (2) "State" means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. (c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. (d) This section does not (1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; (2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; (3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. (e) Subsections (b)-(d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue to be covered by chapter 3 (sections 31-33) of title 35. (f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of The items relating to sections 561-596 generally were added by section 4 of P.L. 102-354 (106 Stat. 945). These items probably should not have "Sec." at the beginning. The item relating to section 584 was added by section 10(b) of P.L. 104–320 (110 Stat. 3873). This item conforms with the style of this table of sections. |