§ 301. Departmental regulations

§ 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.)

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.

Statutory Notes and Related Subsidiaries

Working Dog Health and Welfare

Pub. L. 118–195, Dec. 23, 2024, 138 Stat. 2669, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Working Dog Health and Welfare Act of 2023’. “SEC. 2. IMPLEMENTATION OF WORKING DOG RECOMMENDATIONS.“(a) Definitions.—In this section:“(1) Agency.—The term ‘agency’ has the meaning given the term in section 551 of title 5, United States Code. “(2) Working dog.—The term ‘working dog’ means a dog that has received specialized training in order to perform a particular productive function. “(3) Working dog program.—The term ‘working dog program’ means a program, the operations of which include the employment of working dogs. “(4) Working dog recommendations.—The term ‘working dog recommendations’ means the recommendations included in the report of the Government Accountability Office entitled ‘Working Dogs: Federal Agencies Need to Better Address Health and Welfare’, as published in October 2022. “(b) Implementation.—“(1) In general.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2024], the head of each agency that manages a working dog program shall implement the working dog recommendations. “(2) Contractors.—Not later than 180 days after the date of enactment of this Act, a contractor that manages a working dog program on behalf of an agency shall implement the working dog recommendations. “(3) Report.—Not later than 60 days after the date on which the head of an agency or a contractor that manages a working dog program on behalf of an agency implements the working dog recommendations under this subsection, the head of the agency shall submit to the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Accountability of the House of Representatives a report on the explicit steps the agency or contractor has taken to complete the implementation. “(c) Foreign Partners.—Not later than 180 days after the date of enactment of this Act [Dec. 23, 2024], the Secretary of State shall take appropriate steps to ensure that donations of working dogs provided to foreign partners by the Department of State are executed and monitored according to the working dog recommendations. “(d) New Working Dog Programs.—With respect to an agency that establishes a working dog program, or enters into a contract for the establishment of a working dog program, after the date of enactment of this Act, the head of the agency shall ensure that the working dog program implements the working dog recommendations. “(e) No Additional Funds.—No additional funds are authorized to be appropriated for the purpose of carrying out this Act.”

Federal Cybersecurity Workforce Assessment

Pub. L. 114–113, div. N, title III, Dec. 18, 2015, 129 Stat. 2975, as amended by Pub. L. 116–283, div. H, title XCIV, § 9401(g)(4)(A), Jan. 1, 2021, 134 Stat. 4809, provided that: “SEC. 301. SHORT TITLE.“This title may be cited as the ‘Federal Cybersecurity Workforce Assessment Act of 2015’. “SEC. 302. DEFINITIONS.“In this title:“(1) Appropriate congressional committees.—The term ‘appropriate congressional committees’ means—“(A) the Committee on Armed Services of the Senate; “(B) the Committee on Homeland Security and Governmental Affairs of the Senate; “(C) the Select Committee on Intelligence of the Senate; “(D) the Committee on Commerce, Science, and Transportation of the Senate; “(E) the Committee on Armed Services of the House of Representatives; “(F) the Committee on Homeland Security of the House of Representatives; “(G) the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives; and “(H) the Permanent Select Committee on Intelligence of the House of Representatives. “(2) Director.—The term ‘Director’ means the Director of the Office of Personnel Management. “(3) National initiative for cybersecurity education.—The term ‘National Initiative for Cybersecurity Education’ means the initiative under the national cybersecurity awareness and education program, as authorized under section 303 of the Cybersecurity Enhancement Act of 2014 (Public Law 113–274) [15 U.S.C. 7443]. “(4) Work roles.—The term ‘work roles’ means a specialized set of tasks and functions requiring specific knowledge, skills, and abilities. “SEC. 303. NATIONAL CYBERSECURITY WORKFORCE MEASUREMENT INITIATIVE.“(a) In General.—The head of each Federal agency shall—“(1) identify all positions within the agency that require the performance of cybersecurity or other cyber-related functions; and “(2) assign the corresponding employment code under the National Initiative for Cybersecurity Education in accordance with subsection (b). “(b) Employment Codes.—“(1) Procedures.—“(A) Coding structure.—Not later than 180 days after the date of the enactment of this Act [Dec. 18, 2015], the Director, in coordination with the National Institute of Standards and Technology, shall develop a coding structure under the National Initiative for Cybersecurity Education. “(B) Identification of civilian cyber personnel.—Not later than 9 months after the date of enactment of this Act, the Director, in coordination with the Secretary of Homeland Security, the Director of the National Institute of Standards and Technology, and the Director of National Intelligence, shall establish procedures to implement the National Initiative for Cybersecurity Education coding structure to identify all Federal civilian positions that require the performance of information technology, cybersecurity, or other cyber-related functions. “(C) Identification of noncivilian cyber personnel.—Not later than 18 months after the date of enactment of this Act, the Secretary of Defense shall establish procedures to implement the National Initiative for Cybersecurity Education’s coding structure to identify all Federal noncivilian positions that require the performance of information technology, cybersecurity, or other cyber-related functions. “(D) Baseline assessment of existing cybersecurity workforce.—Not later than 3 months after the date on which the procedures are developed under subparagraphs (B) and (C), respectively, the head of each Federal agency shall submit to the appropriate congressional committees of jurisdiction a report that identifies—“(i) the percentage of personnel with information technology, cybersecurity, or other cyber-related job functions who currently hold the appropriate industry-recognized certifications as identified under the National Initiative for Cybersecurity Education; “(ii) the level of preparedness of other civilian and noncivilian cyber personnel without existing credentials to take certification exams; and “(iii) a strategy for mitigating any gaps identified in clause (i) or (ii) with the appropriate training and certification for existing personnel. “(E) Procedures for assigning codes.—Not later than 3 months after the date on which the procedures are developed under subparagraphs (B) and (C), respectively, the head of each Federal agency shall establish procedures—“(i) to identify all encumbered and vacant positions with information technology, cybersecurity, or other cyber-related functions (as defined in the National Initiative for Cybersecurity Education’s coding structure); and “(ii) to assign the appropriate employment code to each such position, using agreed standards and definitions. “(2) Code assignments.—Not later than 1 year after the date after the procedures are established under paragraph (1)(E), the head of each Federal agency shall complete assignment of the appropriate employment code to each position within the agency with information technology, cybersecurity, or other cyber-related functions. “(c) Progress Report.—Not later than 180 days after the date of enactment of this Act, the Director shall submit a progress report on the implementation of this section to the appropriate congressional committees. “SEC. 304. IDENTIFICATION OF CYBER-RELATED WORK ROLES OF CRITICAL NEED.“(a) In General.—Beginning not later than 1 year after the date on which the employment codes are assigned to employees pursuant to section 303(b)(2), and annually thereafter through 2022, the head of each Federal agency, in consultation with the Director, the Director of the National Institute of Standards and Technology, and the Secretary of Homeland Security, shall—“(1) identify information technology, cybersecurity, or other cyber-related work roles of critical need in the agency’s workforce; and “(2) submit a report to the Director that—“(A) describes the information technology, cybersecurity, or other cyber-related roles identified under paragraph (1); and “(B) substantiates the critical need designations. “(b) Guidance.—The Director shall provide Federal agencies with timely guidance for identifying information technology, cybersecurity, or other cyber-related roles of critical need, including—“(1) current information technology, cybersecurity, and other cyber-related roles with acute skill shortages; and “(2) information technology, cybersecurity, or other cyber-related roles with emerging skill shortages. “(c) Cybersecurity Needs Report.—Not later than 2 years after the date of the enactment of this Act [Dec. 18, 2015], the Director, in consultation with the Secretary of Homeland Security, shall—“(1) identify critical needs for information technology, cybersecurity, or other cyber-related workforce across all Federal agencies; and “(2) submit a progress report on the implementation of this section to the appropriate congressional committees. “SEC. 305. GOVERNMENT ACCOUNTABILITY OFFICE STATUS REPORTS.“The Comptroller General of the United States shall—“(1) analyze and monitor the implementation of sections 303 and 304; and “(2) not later than 3 years after the date of the enactment of this Act [Dec. 18, 2015], submit a report to the appropriate congressional committees that describes the status of such implementation.”

Plain Writing in Government Documents

Pub. L. 111–274, Oct. 13, 2010, 124 Stat. 2861, provided that: “SECTION 1. SHORT TITLE.“This Act may be cited as the ‘Plain Writing Act of 2010’. “SEC. 2. PURPOSE.“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. “SEC. 3. DEFINITIONS.“In this Act:“(1) Agency.—The term ‘agency’ means an Executive agency, as defined under section 105 of title 5, United States Code. “(2) Covered document.—The term ‘covered document’—“(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. “(3) Plain writing.—The term ‘plain writing’ means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. “SEC. 4. RESPONSIBILITIES OF FEDERAL AGENCIES.“(a) Preparation for Implementation of Plain Writing Requirements.—“(1) In general.—Not later than 9 months after the date of enactment of this Act [Oct. 13, 2010], the head of each agency shall—“(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. “(2) Website.—The plain writing section described under paragraph (1)(E) shall—“(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. “(b) Requirement to Use Plain Writing in New Documents.—Beginning not later than 1 year after the date of enactment of this Act, each agency shall use plain writing in every covered document of the agency that the agency issues or substantially revises. “(c) Guidance.—“(1) In general.—Not later than 6 months after the date of enactment of this Act, the Director of the Office of Management and Budget shall develop and issue guidance on implementing the requirements of this section. The Director may designate a lead agency, and may use interagency working groups to assist in developing and issuing the guidance. “(2) Interim guidance.—Before the issuance of guidance under paragraph (1), agencies may follow the guidance of—“(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). “SEC. 5. REPORTS TO CONGRESS.“(a) Initial Report.—Not later than 9 months after the date of enactment of this Act [Oct. 13, 2010], the head of each agency shall publish on the plain writing section of the agency’s website a report that describes the agency plan for compliance with the requirements of this Act. “(b) Annual Compliance Report.—Not later than 18 months after the date of enactment of this Act, and annually thereafter, the head of each agency shall publish on the plain writing section of the agency’s website a report on agency compliance with the requirements of this Act. “SEC. 6. JUDICIAL REVIEW AND ENFORCEABILITY.“(a) Judicial Review.—There shall be no judicial review of compliance or noncompliance with any provision of this Act. “(b) Enforceability.—No provision of this Act shall be construed to create any right or benefit, substantive or procedural, enforceable by any administrative or judicial action. “SEC. 7. BUDGETARY EFFECTS OF PAYGO LEGISLATION FOR THIS ACT.“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.”

Support for Youth Organizations