§ 305. — Systematic agency review of operations.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 5USC305]
TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 3--POWERS
Sec. 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 Virgin Islands Corporation;
(4) the Atomic Energy Commission;
(5) the Central Intelligence Agency;
(6) the Panama Canal Commission; or
(7) 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.
(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 380; Pub. L. 96-54,
Sec. 2(a)(2), Aug. 14, 1979, 93 Stat. 381; Pub. L. 96-70, title III,
Sec. 3302(e)(1), Sept. 27, 1979, 93 Stat. 498; Pub. L. 97-468, title VI,
Sec. 615(b)(1)(A), Jan. 14, 1983, 96 Stat. 2578.)
Historical and Revision Notes
------------------------------------------------------------------------
Revised Statutes and
Derivation U.S. Code Statutes at Large
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(a)................ 5 U.S.C. 1085. Oct. 28, 1949, ch.
782, Sec. 205, 63
Stat. 957.
(b), (c)........... 5 U.S.C. 1151. Oct. 28, 1949, ch.
782, Sec. 1001, 63
Stat. 971.
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Subsection (a) is based in part on former sections 1081 and 1082,
which are carried into section 5102.
In subsection (a)(1), the exception of ``a Government controlled
corporation'' is added to preserve the application of this section to
``corporations wholly owned by the United States''. This is necessary as
the defined term ``Executive agency'' includes the defined term
``Government corporation'' and the latter includes both Government owned
and controlled corporations. Thus the exclusion of Government controlled
corporations, which are distinct from wholly owned corporations,
operates to preserve the application of this section to wholly owned
corporations. The exception for the Inland Waterways Corporation in
former section 1082(13) is omitted on authority of the Act of July 19,
1963, Pub. L. 88-67, 77 Stat. 81. The exceptions for Production Credit
Corporations and Federal Intermediate Credit Banks in former section
1082(18) and (19) are omitted as they are no longer ``corporations
wholly owned by the United States''. Under the Farm Credit Act of 1956,
70 Stat. 659, the Production Credit Corporations were merged in the
Federal Intermediate Credit Banks, and pursuant to that Act the Federal
Intermediate Credit Banks have ceased to be corporations wholly owned by
the United States.
In subsection (a)(7), the words ``Panama Canal Company'' are
substituted for ``Panama Railroad Company'' on authority of the Act of
Sept. 26, 1950, ch. 1049, Sec. 2(a)(2), 64 Stat. 1038.
Standard changes are made to conform with the definitions applicable
and the style of this title as outlined in the preface to the report.
Amendments
1983--Subsec. (a)(3) to (8). Pub. L. 97-468 struck out par. (3),
which excluded The Alaska Railroad, and redesignated pars. (4) to (8) as
(3) to (7), respectively.
1979--Subsec. (a)(7). Pub. L. 96-70 substituted ``Commission'' for
``Company''.
Subsec. (b). Pub. L. 96-54 substituted ``President'' for ``Director
of the Bureau of the Budget''.
Effective Date of 1983 Amendment
Amendment by Pub. L. 97-468 effective on date of transfer of Alaska
Railroad to the State [Jan. 5, 1985], pursuant to section 1203 of Title
45, Railroads, see section 615(b) of Pub. L. 97-468.
Effective Date of 1979 Amendments
Amendment by Pub. L. 96-70 effective Oct. 1, 1979, see section 3304
of Pub. L. 96-70, set out as an Effective Date note under section 3601
of Title 22, Foreign Relations and Intercourse.
Section 2(b) of Pub. L. 96-54 provided that: ``Except as otherwise
expressly provided in subsection (a), the amendments made by subsection
(a) [amending sections 305, 1308, 2101, 2105, 2106, 2108, 3102, 3132,
3302, 3305, 3315, 3317, 3324, 3326, 3503, 4102, 4109, 4111, 4112, 4701,
5102, 5108, 5311 to 5316, 5333 to 5335, 5347, 5504, 5514, 5516, 5521,
5545, 5550a, 5562, 5581, 5584, 5596, 5702, 5903, 5943, 6104, 6304, 6305,
6323, 6325, 7325, 7327, 7701, 7702, 8331, 8332, 8339, 8347, 8701, 8901,
and 8906 of this title], shall take effect July 12, 1979, or the date of
the enactment of this Act [Aug. 14, 1979], whichever is earlier.''
Transfer of Functions
Atomic Energy Commission abolished and functions transferred by
sections 5814 and 5841 of Title 42, The Public Health and Welfare. See
also Transfer of Functions notes set out under those sections.
Delegation of Functions
Functions of President under subsec. (b) of this section delegated
to Director of Office of Management and Budget, see Ex. Ord. No. 12152,
Aug. 14, 1979, 44 F.R. 48143, set out as a note under section 301 of
Title 3, The President.
Dissolution of Virgin Islands Corporation
Virgin Islands Corporation established to have succession until June
30, 1969, unless sooner dissolved by Act of Congress, by act June 30,
1949, ch. 285, 63 Stat. 350, as amended (48 U.S.C. 1407 et seq.).
Corporation terminated its program June 30, 1965, and dissolved July 1,
1966. Act June 30, 1949, was repealed by Pub. L. 97-357, title III,
Sec. 308(e), Oct. 19, 1982, 96 Stat. 1710.
Section Referred to in Other Sections
This section is referred to in section 7204 of this title; title 10
sections 4540, 7212, 9540.
