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TITLE 5, UNITED STATES CODE Government Organization and Employees

PART 1—THE AGENCIES GENERALLY

901

CHAPTER

Seo. 1-Organization

101 3-Powers

301 5-Administrative Procedure

501 7-Judicial Review --

701 9-Executive Reorganization

CHAPTER 1-ORGANIZATION
SEC.
101. Executive departments.
102. Military departments.
103. Government corporation.
104. Independent establishment.
105. Executive agency.
$ 101. Executive departments
The Executive departments are:

The Department of State.
The Department of the Treasury.
The Department of Defense.
The Department of Justice.
The Post Office Department.
The Department of the Interior.
The Department of Agriculture.
The Department of Commerce.
The Department of Labor.
The Department of Health, Education, and Welfare.
The Department of Housing and Urban Development.

The Department of Transportation.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378, amended Pub. L. 89–670,
§ 10(b), Oct. 15, 1966,80 Stat. 948.)
§ 102. Military departments
The military departments are:

The Department of the Army.
The Department of the Navy.

The Department of the Air Force.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 378.)

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$ 103. Government corporation For the purpose of this title

(1) "Government corporation" means a corporation owned or controlled by the Government of the United States; and

(2) "Government controlled corporation” does not include a corporation owned by the Government of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 378.) § 104. Independent establishment For the purpose of this title, "independent establishment” means

(1) an establishment in the executive branch which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment; and

(2) the General Accounting Office. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) 8 105. Executive agency

For the purpose of this title, "Executive agency" means an Executive department, a Government corporation, and an independent establishment. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.)

CHAPTER 3-POWERS SEC. 301. Departmental regulations. 302. Delegation of authority. 303. Oaths to witnesses. 304. Subpenas. 305. Systematic agency review of operations. 8 301. 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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) $ 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—

(i) 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 324 1 of title 44 to authorize the publication of

advertisements, notices, or proposals. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.)

1 Section 324 of title 44 was repealed by the codification of title 44. The provisions of section 324 are now found in section 3702 of title 44.

8303. Oaths to witnesses

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. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 379.) 8 304. 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 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379.) 8 305. 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;
(5) the Atomic Energy Commission;
(6) the Central Intelligence Agency;
7) the Panama Canal Company; or

(8) the National Security Agency, Department of Defense. (b) Under regulations prescribed and administered by the Director of the Bureau of the Budget, 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. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 380.)

CHAPTER 5 ADMINISTRATIVE PROCEDURE

SUBCHAPTER 1-GENERAL PROVISIONS SEC. 500. Administrative practice; general provisions. 501. Advertising practice; restrictions. 502. Administrative practice; Reserves and National Guardsmen. 503. Witness fees and allowances.

SUBCHAPTER II-ADMINISTRATIVE PROCEDURE 551. Definitions. 552. Public information; agency rules, opinions, orders, records, and

proceedings. 653. Rule making. 554. Adjudications. 555. Ancillary matters. 556. Hearings; presiding employees; powers and duties; burden of proof;

evidence; record as basis of decision. 557. Initial decisions; conclusiveness; review by agency; submissions by

parties; contents of decisions; record. 558. Imposition of sanctions; determination of applications for licenses; sus

pension, revocation, and expiration of licenses. 559. Effect on other laws; effect of subsequent statute. SUBCHAPTER III-ADMINISTRATIVE CONFERENCE

OF THE UNITED STATES 571. Purpose. 572. Definitions. 573. Administrative Conference of the United States. 574. Powers and duties of the Conference. 575. Organization of the Conference. 576. Appropriations. SUBCHAPTER I-GENERAL PROVISIONS

– $ 500. Administrative practice; general provisions (a) For the purpose of this section

(1) "agency has the meaning given it by section 551 of this title, and

(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

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