TITLE REFERRED TO IN OTHER SECTIONS

This title is referred to in title 2 sections 353, 437c, 622; title 7 sections 84, 1765a, 1988, 2007b; title 10 sections 1408, 1590, 1601; title 12 sections 1422b, 1795f, 1821, 2278a-3, 2279aa-3, 2405, 3307; title 14 section 186; title 15 sections 634d, 648, 649a, 1942, 2206, 2451; title 16 sections 410cc-36, 410ww-24, 469j, 583j-1, 742f, 1401, 3702, 4005, 4604; title 18 sections 202, 3006A; title 20 sections 80g, 800, 80q-4, 964, 971, 1004, 1098, 1134, 1135a-1, 1135d-3, 1213c, 1221e, 1221e-1, 1233b, 1233d, 1417, 1505, 2839, 3413, 3461, 4416, 4831, 5509; title 21 section 394; title 22 sections 1622d, 2124c, 2421, 2581, 2873, 2905, 3008, 3642, 3664, 4606, 4823, 5421; title 24 section 417; title 25 sections 640d-11, 1661, 2021, 2022, 2704, 2707, 3113, 3505, 3731; title 26 sections 7471, 9010, 9040; title 28 sections 375, 561, 625, 1877; title 29 sections 761a, 783, 797a, 1774; title 31 sections 301, 732, 733; title 33 section 1123; title 36 sections 1405, 1406, 5202; title 38 sections 106, 707, 4103, 4304, 5303A, 7281, 7403, 7406, 7425, 7453, 7802; title 40 sections 136, 873, 1106; title 41 section 422; title 42 sections 217a, 237, 282, 285a-2, 285a-4, 285b-3, 288-4, 290aa, 299c-1, 299c-4, 300v-2, 907, 907a, 1314, 1320a-4, 1320b-9, 1320c-2, 1395w-1, 139500, 1395ww, 1863, 1975d, 2000e-4, 2210, 3015, 3525, 3533, 3788, 4025, 4372, 4768, 5149, 5404, 5667g-2, 7231, 7412, 8104, 10704, 12314, 12373, 12651, 12653h; title 43 section 1731; title 46 App. sections 41, 1295g; title 49 sections 325, 10363, 11161; title 50 section 2081; title 50 App. section 2153.

PART I-THE AGENCIES GENERALLY

CHAPTER 1-ORGANIZATION

CHAPTER REFERRED TO IN OTHER SECTIONS This chapter is referred to in title 15 sections 205j-1, 2225a; title 19 section 2571.

§ 101. Executive departments

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 18 sections 115, 351, 1030, 6001; title 28 section 451; title 31 sections 1343, 1344; title 36 section 175; title 41 sections 403, 601; title 42 sections 8262c, 10156, 10222.

8105. Executive agency

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 306, 5948 of this title; title 7 section 2132; title 12 section 1749bbb-10b; title 15 sections 638, 3301, 3703, 4901, 5802; title 16 section 2602; title 22 sections 2685, 3641; title 29 sections 203, 633a; title 31 section 1353; title 35 section 201; title 38 section 4211; title 40 section 913; title 41 section 48b; title 42 sections 2000e-16, 4071, 4902, 6361, 6964, 7911, 8241, 8802, 10101; title 43 section 2003; title 49 App. section 2603; title 50 section 1601.

(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

Page 137

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.

(Added Pub. L. 103-62, § 3, Aug. 3, 1993, 107 Stat. 286.)

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.

AMENDMENT OF ANALYSIS

Table of sections for subchapter III repealed effective six years after Nov. 29, 1990, see section 5 of Pub. L. 101-648, as amended, set out as an Effective Date of Repeal; Savings Provision note under section 561 of this title.

For termination of amendment by section 11 of Pub. L. 101-552, see Termination Date; Savings Provision note set out under section 571 of this title.

AMENDMENTS

1992-Pub. L. 102-354, § 4, Aug. 26, 1992, 106 Stat. 945, substituted headings of subchapters III, IV, and V and items 561 to 570, 571 to 583, and 591 to 596 for former heading of subchapter III and former items 571 to 576 relating to Administrative Conference of the United States, former heading of subchapter IV and former items 581 to 593 relating to alternative means of dispute resolution in the administrative process, and former heading of subchapter IV and former items 581 to 590 relating to negotiated rulemaking procedure.

1990-Pub. L. 101-648, §§ 3(b), 5, Nov. 29, 1990, 104 Stat. 4976, added heading of subchapter IV and items 581 to 590 relating to negotiated rulemaking procedure, and repealed that heading and those items effective six years after Nov. 29, 1990.

Pub. L. 101-552, § 4(c), Nov. 15, 1990, 104 Stat. 2745, temporarily added heading of subchapter IV and items 581 to 593 relating to alternative means of dispute resolution. See Termination Date; Savings Provision note set out under section 581 of this title as added by Pub. L. 101-552.

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in title 2 section 437d; title 12 sections 1467a, 1730a, 1786, 1818, 2266, 4582, 4633; title 15 sections 77s, 637, 687e, 1691b, 1715, 2703, 3803; title 16 section 460aa-3; title 20 sections 240, 1066, 3474; title 21 section 343; title 25 section 954; title 29 sections 1579, 1861; title 30 section 811; title 39 sections 204, 410, 3001, 3603; title 42 sections 9613, 11504; title 43 section 1740; title 44 section 3507; title 45 sections 1116, 1212; title 46 App. section 1241p.

SUBCHAPTER I-GENERAL PROVISIONS

§ 500. Administrative practice; general provisions SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in title 31 section 330; title 38 section 5901; title 49 section 10308.

§ 504. Costs and fees of parties

[See main edition for text of (a)] (b)(1) For the purposes of this section

[See main edition for text of (A) and (B)]

(C) “adversary adjudication” means (i) an adjudication under section 554 of this title in which the position of the United States is represented by counsel or otherwise, but excludes an adjudication for the purpose of establishing or fixing a rate or for the purpose of granting or renewing a license, (ii) any appeal of a decision made pursuant to section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) before an agency board of contract appeals as provided in section 8 of that Act (41 U.S.C. 607), (iii) any hearing conduct

ed under chapter 38 of title 31, and (iv) the Religious Freedom Restoration Act of 1993;

[See main edition for text of (D) and (E), (2); (c) to (]

(As amended Pub. L. 103-141, § 4(b), Nov. 16, 1993, 107 Stat. 1489.)

REFERENCES IN TEXT

The Religious Freedom Restoration Act of 1993, referred to in subsec. (b)(1)(C)(iv), is Pub. L. 103-141, Nov. 16, 1993, 107 Stat. 1488, which is classified principally to chapter 21B (§ 2000bb et seq.) of Title 42, The Public Health and Welfare. For complete classification of this Act to the Code, see Short Title note set out under section 2000bb of Title 42 and Tables.

AMENDMENTS

1993-Subsec. (b)(1)(C). Pub. L. 103-141 added cl.

(iv).

PROHIBITION ON USE OF ENERGY AND WATER DEVELOPMENT APPROPRIATIONS TO PAY INTERVENING PARTIES IN REGULATORY OR ADJUDICATORY PROCEEDINGS Pub. L. 102-377, title V, § 502, Oct. 2, 1992, 106 Stat. 1342, provided that: "None of the funds in this Act or subsequent Energy and Water Development Appropriations Acts shall be used to pay the expenses of, or otherwise compensate, parties intervening in regulatory or adjudicatory proceedings funded in such Acts."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 580 of this title; title 15 section 634b; title 18 section 293; title 20 section 1234; title 25 section 450m-1; title 28 section 2412; title 42 section 3612.

SUBCHAPTER II-ADMINISTRATIVE

PROCEDURE

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 571, 592, 7118, 7134, 8902 of this title; title 2 sections 501, 502; title 7 sections 136d, 1642; title 10 sections 2397, 2397a; title 12 sections 635a-2, 1437, 1441a, 1749bbb-17, 1959, 2278a-10, 3349, 4525, 4545; title 15 sections 78dd-1, 78dd-2, 78ggg, 266, 1392, 1715, 3412, 3710a, 5103, 5308; title 16 sections 460aa-3, 470q, 470hh; title 17 sections 701, 802; title 19 sections 1337, 1677c; title 20 sections 107d-2, 641; title 21 sections 360kk, 811, 824, 875, 958, 971; title 22 sections 277d-24, 1623, 1645n, 4116; title 25 section 954; title 28 section 509; title 29 sections 156, 164, 213, 481, 628, 792, 1137; title 30 sections 184, 956; title 31 sections 321, 3801, 3803; title 33 sections 524, 597; title 39 section 3008; title 41 section 43a; title 42 sections 1436c, 1975a, 2000e-12, 2231, 2236, 2454, 3789d, 6212, 6241, 6393, 7191, 7276, 7420, 7607, 11346, 12116, 12206; title 43 section 1624; title 45 sections 431, 1116, 1212; title 46 sections 7702, 9303; title 47 sections 303, 305, 310, 409; title 49 sections 10530, 10705, 10724, 10925, 10928, 10929, 11123, 11124, 11125, 11127, 11349; title 49 App. sections 1348, 1355, 1481, 1655, 1672, 2002; title 50 sections 167h, 835; title 50 App. sections 463, 2159.

8551. Definitions

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 500, 504, 552, 562, 571, 592, 595, 601, 701, 3344 of this title; title 2 sections 501, 502; title 15 sections 78d-1, 78w, 632, 637c, 766, 2053, 3412, 3416; title 16 section 470w; title 20 section 5097; title 22 section 3731; title 26 sections 6103, 9041; title 30 section 956; title 31 sections 3901, 6101, 7501; title 41 section 422; title 42 sections 2231, 2992c, 6107, 6241, 6393, 7191, 8259, 8262, 8287c, 9840, 11317, 11504; title 46 sections 7702, 9303; title 47 sections 155,

409; title 49 App. section 1557; title 50 App. sections 2159, 2412.

§ 552. Public information; agency rules, opinions, orders, records, and proceedings

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 551, 552a, 552b, 566, 574, 1216, 7133 of this title; title 2 sections 472, 501, 502; title 7 sections 12, 509, 608d, 948, 958, 1314g, 1314i, 1508, 1642, 5651, 5662, 5906; title 10 sections 128, 424, 1034, 1102, 2304, 2328, 2506; title 12 sections 1786, 1818, 18310, 4611; title 14 section 645; title 15 sections 18a, 57b-2, 78m, 780-5, 78q, 78w, 78x, 78dd-1, 78dd-2, 278n, 719d, 773, 796, 1314, 1335a, 1418, 2029, 2032, 2055, 2217, 2613, 3364, 3710a, 4019, 4104, 4107, 4305, 4403, 4606, 4912, 5104, 5308; title 16 sections 973j, 1402, 4304; title 18 sections 207, 208; title 19 sections 1333, 1431, 1509, 1625, 1677f, 2418; title 20 sections 1078, 1087-2, 2422, 2836; title 21 sections 360j, 379, 379f, 830; title 22 sections 2200a, 3902, 4355, 4415, 4604, 4607, 4833, 5841; title 25 sections 450c, 450k, 1951, 2716; title 26 sections 6103, 6110, 7611; title 28 sections 594, 1657; title 29 section 2635; title 30 section 1604; title 31 sections 716, 1352, 3729, 3733, 5319; title 33 sections 524, 941, 1513; title 35 sections 202, 209; title 38 sections 501, 502, 7451; title 39 section 410; title 41 sections 253, 706; title 42 sections 242k, 263b, 300v-2, 300aa-25, 405, 1306, 1320c-9, 2167, 2168, 2297b-13, 2454, 2996d, 3027, 4332, 5916, 5919, 6272-6274, 7135, 8103, 9122, 9208, 9660, 10704, 13385; title 44 sections 2201, 2204, 2206; title 45 section 546; title 46 sections 4309, 7702, 9303; title 46 App. sections 93, 1705; title 49 sections 10310, 10706, 11164, 11346; title 49 App. sections 1357, 1805, 1806, 1903, 1905, 2511, 2608; title 50 section 431; title 50 App. sections 463, 2158, 2159, 2170, 2406, 2411.

§ 552a. Records maintained on individuals

(a) DEFINITIONS.-For purposes of this section

[See main edition for text of (1) to (7)] (8) the term "matching program”—

[See main edition for text of (A)]
(B) but does not include-

[See main edition for text of (i) to (iv)]
(v) matches-

[See main edition for text of (I) and (ID)]
if the purpose of the match is not to take
any adverse financial, personnel, discipli-
nary, or other adverse action against Fed-
eral personnel;

(vi) matches performed for foreign counterintelligence purposes or to produce background checks for security clearances of Federal personnel or Federal contractor personnel; or

(vii) matches performed pursuant to section 6103(7)(12) of the Internal Revenue Code of 1986 and section 1144 of the Social Security Act;

[See main edition for text of (9) to (13)]

(b) CONDITIONS OF DISCLOSURE.-No agency shall disclose any record which is contained in a system of records by any means of communication to any person, or to another agency, except pursuant to a written request by, or with the prior written consent of, the individual to

whom the record pertains, unless disclosure of the record would be

[See main edition for text of (1) to (10)] (11) pursuant to the order of a court of competent jurisdiction; or

[See main edition for text of (12)]

(c) ACCOUNTING OF CERTAIN DISCLOSURES.Each agency, with respect to each system of records under its control, shall—

[See main edition for text of (1) to (4); (d) and (e)]

(f) AGENCY RULES.-In order to carry out the provisions of this section, each agency that maintains a system of records shall promulgate rules, in accordance with the requirements (including general notice) of section 553 of this title, which shall

[See main edition for text of (1) and (2)]

(3) establish procedures for the disclosure to an individual upon his request of his record or information pertaining to him, including special procedure, if deemed necessary, for the disclosure to an individual of medical records, including psychological records, pertaining to him;

[See main edition for text of (4) and (5)] The Office of the Federal Register shall biennially compile and publish the rules promulgated under this subsection and agency notices published under subsection (e)(4) of this section in a form available to the public at low cost.

[See main edition for text of (g) to (0)]

(p) VERIFICATION AND OPPORTUNITY TO CONTEST FINDINGS.—(1) In order to protect any individual whose records are used in a matching program, no recipient agency, non-Federal agency, or source agency may suspend, terminate, reduce, or make a final denial of any financial assistance or payment under a Federal benefit program to such individual, or take other adverse action against such individual, as a result of information produced by such matching program, until—

(A)(i) the agency has independently verified the information; or

(ii) the Data Integrity Board of the agency, or in the case of a non-Federal agency the Data Integrity Board of the source agency, determines in accordance with guidance issued by the Director of the Office of Management and Budget that

(I) the information is limited to identification and amount of benefits paid by the source agency under a Federal benefit program; and

(II) there is a high degree of confidence that the information provided to the recipient agency is accurate;

(B) the individual receives a notice from the agency containing a statement of its findings and informing the individual of the opportunity to contest such findings; and

(C)(i) the expiration of any time period established for the program by statute or regu

lation for the individual to respond to that notice; or

(ii) in the case of a program for which no such period is established, the end of the 30day period beginning on the date on which notice under subparagraph (B) is mailed or otherwise provided to the individual.

(2) Independent verification referred to in paragraph (1) requires investigation and confirmation of specific information relating to an individual that is used as a basis for an adverse action against the individual, including where applicable investigation and confirmation of—

(A) the amount of any asset or income involved;

(B) whether such individual actually has or had access to such asset or income for such individual's own use; and

(C) the period or periods when the individual actually had such asset or income.

(3) Notwithstanding paragraph (1), an agency may take any appropriate action otherwise prohibited by such paragraph if the agency determines that the public health or public safety may be adversely affected or significantly threatened during any notice period required by such paragraph.

[See main edition for text of (q) to (v)]

(As amended Pub. L. 101-508, title VII, § 7201(b)(1), Nov. 5, 1990, 104 Stat. 1388-334; Pub. L. 103-66, title XIII, § 13581(c), Aug. 10, 1993, 107 Stat. 611.)

REFERENCES IN TEXT

Section 6103 of the Internal Revenue Code of 1986, referred to in subsec. (a)(8)(B)(iv), (vii), is classified to section 6103 of Title 26, Internal Revenue Code.

Sections 464, 1137, and 1144 of the Social Security Act, referred to in subsec. (a)(8)(B)(iv), (vii), are classified to sections 664, 1320b-7, and 1320b-14, respectively, of Title 42, The Public Health and Welfare.

CODIFICATION

Portions of subsecs. (b), (c), and (f) are set out in this supplement to correct typographical error appearing in the main edition.

AMENDMENTS