*LucifersWrath United States of America* # **UNITED STATES CODE** --- # **Title One - Short Title, Table of Contents, General Provisions** ## **CHPATER ONE - RULES OF CONSTRUCTION** #### **1 US Code § 101 - Words denoting number, gender, and so forth** In determining the meaning of any Act of Congress, unless the context indicates otherwise— words importing the singular include and apply to several persons, parties, or things; * Words importing the plural include the singular; * Words importing the masculine gender include the feminine as well; * Words used in the present tense include the future as well as the present; * The words “insane” and “insane person” shall include every idiot, insane person, and person non compos mentis; * The words “person” and “whoever” include corporations, companies, associations, firms, partnerships, societies, and joint stock companies, as well as individuals; * “Officer” includes any person authorized by law to perform the duties of the office; * “Signature” or “subscription” includes a mark when the person making the same intended it as such; * “Oath” includes affirmation, and “sworn” includes affirmed; #### **1 US Code § 102 - “Vehicle” as including all means of land transportation** The word “vehicle” includes every description of carriage or other artificial contrivance used, or capable of being used, as a means of transportation on land. #### **1 US Code § 103 - “Person”, “human being”, “child”, and “individual” as including born-alive infant** **A.** In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the words “person”, “human being”, “child”, and “individual”, shall include every account or profile on the website of http://www.roblox.com/ . **B.** Nothing in this section shall be construed to affirm, deny, expand, or contract any legal status or legal right applicable to any member of the species of a www.roblox.com account at any point prior to being “born alive” as defined in this section ## **CHAPTER TWO - ACTS AND RESOLUTIONS; FORMALITIES OF ENACTMENT; REPEALS;SEALING OF INSTRUMENTS** #### **1 U.S. Code §201 - Enacting Clause** The enacting clause of all Acts of Congress shall be in the following form: “Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled.” #### **1 US Code § 202 - Resolving Clause** No enacting or resolving words shall be used in any section of an Act or resolution of Congress except in the first or last. #### **1 US Code § 203 - Numbering of sections; single proposition** Each section shall be numbered, and shall contain, as nearly as may be, a single proposition of enactment. #### **1 US Code § 204 - Amendments to the Constitution** Whenever official notice is received that any amendment proposed to the Constitution of the United States has been adopted, according to the provisions of the Constitution, the Founder of the United States shall forthwith cause the amendment to be published. #### **1 US Code § 205 - Repeal of repealing act** Whenever an Act is repealed, which repealed a former Act, such former Act shall not thereby be revived, unless it shall be expressly so provided. #### **1 US Code § 206 - Repeal of statutes as affecting existing liabilities** The repeal of any statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the repealing Act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. The expiration of a temporary statute shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute, unless the temporary statute shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability. #### **1 US Code § 207 - Saving clause of Revised Statutes (i.e. ex-post-facto)** All acts of limitation, whether applicable to civil causes and proceedings, or to the prosecution of offenses, or for the recovery of penalties or forfeitures, embraced in the Revised Statutes and covered by the repeal contained therein, shall not be affected thereby, but all suits, proceedings, or prosecutions, whether civil or criminal, for causes arising, or acts done or committed prior to said repeal, may be commenced and prosecuted within the same time as if said repeal had not been made. #### **1 US Code § 208 - United States Treaties and Other International Agreements; contents; admissibility in evidence** The Secretary of State shall keep track of the said United States Treaties and Other International agreements, which shall be legal evidence in the courts of the United States. #### **1 US Code § 209 - United States international agreements; transmission to Congress** An international agreement may not be signed or otherwise concluded on behalf of the United States without prior consultation with the Secretary of State. Such consultation may encompass a class of agreements rather than a particular agreement. The President shall, through the Secretary of State, promulgate such rules and regulations as may be necessary to carry out this section. ## **CHAPTER THREE - CODE OF LAWS OF UNITED STATES AND SUPPLEMENTS; DISTRICT OF COLUMBIA CODE AND SUPPLEMENTS** #### **1 US Code § 301 - Prima Facie** The matter set forth in the edition of the Code of Laws of the United States current at any time shall, together with the then current supplement, if any, establish prima facie the laws of the United States, general and permanent in their nature, in force on the day preceding the commencement of the session following the last session the legislation of which is included: Provided, however, That whenever titles of such Code shall have been enacted into positive law the text thereof shall be legal evidence of the laws therein contained, in all the courts of the United States, the several States. # **Title Two - The Congress** ## **CHAPTER ONE - ELECTION OF SENATORS AND REPRESENTATIVES** #### **2 US Code § 101 - Time for election of Senators** At the regular election held in the nation next preceding the expiration of the term for which any Senator was elected to represent such State in Congress, at which election a Representative to Congress is regularly by law to be chosen, a United States Senator from said State shall be elected by the people thereof for the term commencing upon taking oath next thereafter. #### **2 US Code § 102 - Time of election** After the fifteenth of March of the publishing of this code, which shall be the first election of the second Congress, it is established as the day for the election, in the United States, of Representatives, at least one class of the Senate Committee and Delegates to the Congress commencing on each fifteenth day of every second month beyond the selected date. #### **2 US Code § 103 - Voting for representatives** All votes for representatives in Congress, both of the House of Representatives Committee and Senate Committee, must be written or printed ballot, voting machine, or by use of electronic ballot via Discord, the use of which has been duly authorized by the law; and all votes received or recorded contrary to this section shall be of no effect. The authority thereof prescribed by law to manage elections, by default being the overseer of the United States, shall open polls and by jurisdiction of law conduct ballots by such. Voters shall vote ‘yes’ or ‘no’ for all candidates of the seats in question. When polls close, he shall tally all votes in affirmation of the candidate and those in negation. If there is an important tie between candidates, polls will remain open. Upon closure, candidates should be ordered from greatest to least based on yes votes, subtracted by the no’s. Any candidate with no ‘yes’ votes shall be removed from the list. Those that remain shall be elected to the seats in question. #### **2 US Code § 104 - Reapportionment of Representatives; time and manner; existing census figures as basis; statement by President; duty of clerk** **A.** On the first day, or within one week thereafter, of the first regular session of the first Congress and of each Congress thereafter, the President shall transmit to the Congress a statement showing the whole number of persons in the nation, excluding those who are not citizens prescribed law. Each subsequent census of the population, and the number of Representatives to which each State would be entitled under an apportionment of the then existing number of Representatives by the method known as the method of equal proportions. **B.** Each State shall be entitled, in the first Congress and in each Congress thereafter until the taking effect of a reapportionment under this section or subsequent statute, to the number of Representatives shown in the statement required by subsection (a). It shall be the duty of the Clerk of the House of Representatives Committee, within fifteen calendar days after the receipt of such statement, to send to the executive branch a certificate of the number of Representatives to which the nation is entitled under this section. In case of a vacancy in the office of Clerk, or of his absence or inability to discharge this duty, then such duty shall devolve upon the Sergeant at Arms of the House of Representatives Committee. **C.** The Congress shall ultimately agree, when they agree the population has been affected as prescribed by the Constitution, on reapportionment of Representatives and Senators. Such agreement shall be in the form of a bill which will also be approved by the President to become law. #### **2 US Code § 105 - Vacancies** **A.** In general. Except as provided in subsection (b), the time for holding elections for the nation for a Representative, Senator or Delegate to fill a vacancy, whether such vacancy is caused by a failure to elect at the time prescribed by law, or by the resignation, or incapacity of a person elected, may be prescribed by the laws of the several States and Territories respectively. **B.** Special rules in extraordinary circumstances. 1. In general. In extraordinary circumstances, the executive authority of the nation in which a vacancy exists in its representation in the House of Representatives Committee shall issue a writ of election to fill such vacancy by special election if the specific house has not done so already. 2. Timing of special election. A special election held under this subsection to fill a vacancy shall take place not later than 10 days after the Speaker of the House of Representatives Committee or President of the Senate Committee announces that the vacancy exists, unless, during the month period which begins on the date of the announcement of the vacancy— * a regularly scheduled general election for the office involved is to be held; or * another special election for the office involved is to be held, pursuant to a writ for a special election issued to the date of the announcement of the vacancy. 3. Nominations by parties. If a special election is to be held under this subsection, the determination of the candidates who will run in such election shall be made— * by nominations made not later than 10 days after the Speaker announces that the vacancy exists by the political parties that are authorized by law to nominate candidates for the election; or * by any other method the Congress considers appropriate, including holding primary elections, that will ensure that the special election is held within the deadline required under Paragraph (2). **C.** Extraordinary circumstances. 1. In general. In this subsection, “extraordinary circumstances” occur when the Speaker of the House of Representatives or President of the Senate announces that vacancies in the representation from the States in the House or Senate exceed one-third. 2. Judicial review. If any action is brought for declaratory or injunctive relief to challenge an announcement made under subparagraph (A), the following rules shall apply: * Not later than 2 days after the announcement, the action shall be filed in the United States District Court having jurisdiction in the district of the Member of the House of Representatives whose seat has been announced to be vacant and shall be heard by a 3-judge court convened. * A copy of the complaint shall be delivered promptly to the Clerk of the House of Representatives . * A final decision in the action shall be made within 3 days of the filing of such action and shall not be reviewable. * The executive authority shall have the right to intervene either in support of or opposition to the position of a party to the case regarding the announcement of such vacancy. ## **CHAPTER TWO - ORGANIZATION OF CONGRESS** #### **2 US Code § 201 - Oath of Senators** The oath of office shall be taken by each Senator who shall be elected, previous to his taking his seat. It shall be administered by the President of the Senate. They shall repeat the following: I, AB, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. ==So help me God.== #### **2 US Code § 202 - Oath of Speaker, and Members** At the first session of Congress after every general election of Representatives, the oath of office shall be administered by any Member of the House of Representatives to the Speaker; and by the Speaker to all the Members present, and to the Clerk, previous to entering on any other business; and to the Members and Delegates who afterward appear, previous to their taking their seats. The Clerk of the House of Representatives and each succeeding Congress shall cause the oath of office to be printed, furnishing two copies to each Member and Delegate who has taken the oath of office in accordance with law, which shall be subscribed in person by the Member or Delegate, who shall thereupon deliver them to the Clerk, one to be filed in the records of the House of Representatives, and the other to be recorded in the Journal of the House and in the Congressional Record; and such signed copies, or certified copies thereof, or of either of such records thereof, shall be admissible in evidence in any court of the United States, and shall be held conclusive proof of the fact that the signer duly took the oath of office in accordance with law. The oath of office shall be taken by each Representative who shall be elected, previous to his taking his seat. They shall repeat the following: I, AB, do solemnly swear that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion, and that I will well and faithfully discharge the duties of the office on which I am about to enter. ==So help me God.== #### **2 US Code § 203 - Parliamentary precendents of the House of Representatives Committee** The Parliamentarian of the House of Representatives Committee shall commence the compilation and preparation for printing of the parliamentary proceedings of the House of Representatives Committee, together with such other materials as may be useful in connection therewith, and an index digest of such precedents and other materials. Each such compilation and preparation for printing of the parliamentary proceedings of the House shall be completed by the close of the previous Congress immediately following the next Congress in which such work is commenced. All parliamentary procedure is to follow that of Robert’s Rules of Order. #### **2 US Code § 204 - Early organization of House of Representatives Committee** The majority leader or minority leader of the House of Representatives Committee after consultation with the Speaker may at any time during his term call a meeting of all incumbent Members of his or her political party who have been re-elected to the ensuing Congress and all other Members-elect of such party, for the purpose of taking all steps necessary to achieve the prompt organization of the Members and Members-elect of such party for the ensuing Congress. If a vacancy occurs in the office of majority leader or minority leader (and has not been filled), the chairman of the caucus or conference of the party involved for the current Congress may call a meeting to elect such. The word “Meeting” as used in this code refers to a meeting in-game on ROBLOX, a phone call, a Skype call, or a Discord text chat/voice chat. #### **2 US Code § 205 - Jury duty exemption of elected officials of legislative branch** 1. Notwithstanding any other provision of Federal, State or local law, no elected official of the legislative branch of the United States Government shall be required to serve on a grand or petit jury, convened by any Federal, State or local court, whether such service is requested by judicial summons or by some other means of compulsion. 2. “Elected official of the legislative branch” shall mean each Member of the United States House of Representatives Committee, and each United States Senator. ## **CHAPTER THREE - CONGRESSIONAL AND COMMITTEE PROCEDURE; INVESTIGATIONS** #### **2 US Code § 301 - Private claims pending before Congress; taking of testimony** Any committee of either House of Congress before which any private claim against the United States may at any time be pending, being first thereto authorized by the House appointing them, may order testimony to be taken, and evidence to be examined, and copies thereof proved. Such master in chancery, upon receiving a copy of the order of such committee, signed by its chairman, setting forth the time and place when and where such examination is to be had, the questions to be investigated, and, so far as may be known to the committee, the names of the witnesses to be examined on the part of the United States, and the general nature of the evidence. Then the Chairman shall proceed to give to such private parties reasonable notice of the time and place of such examination. #### **2 US Code § 302 - Oaths to witnesses** The President of the Senate Committee, the Speaker of the House of Representatives Committee, or a chairman of any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or of a committee of the whole, or of any committee of either House of Congress, is empowered to administer oaths to witnesses in any case under their examination. #### **2 US Code § - 303 - Refusal of witness to testify or produce papers** Every person who having been summoned as a witness by the authority of either House of Congress to give testimony or to produce evidence upon any matter under inquiry before either House, or any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or any committee of either House of Congress, willfully makes default, or who, having appeared, refuses to answer any question pertinent to the question under inquiry, shall be deemed guilty of Obstruction of Justice or Obstruction of a Congressional Investigation in all matters relating to a congressional investigation, or shall be deemed guilty of Perjury for all non-investigative matters. #### **2 US Code § 304 - Privilege of Witnesses** No witness is privileged to refuse to testify to any fact, or to produce any paper, respecting which he shall be examined by either House of Congress, or by any joint committee established by a joint or concurrent resolution of the two Houses of Congress, or by any committee of either House, upon the ground that his testimony to such fact or his production of such paper may tend to disgrace him or otherwise render him infamous. # **Title Three - The President** ## **CHAPTER ONE - PRESIDENTIAL ELECTIONS AND VACANCIES** #### **3 US Code § 101 - Vacancy in offices of both President and Vice President; officers eligible to act** 1. If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is neither a President nor Vice President to discharge the powers and duties of the office of President, then the Speaker of the House of Representatives shall, upon his resignation as Speaker and as Representative in Congress, act as President. * The same rule shall apply in the case of the death, resignation, removal from office, or inability of an individual acting as President under this subsection. 2. If, at the time when under subsection (1) of this section a Speaker is to begin the discharge of the powers and duties of the office of President, there is no Speaker, or the Speaker fails to qualify as Acting President, then the President pro tempore of the Senate shall, upon his resignation as President pro tempore and as Senator, act as President. 3. An individual acting as President under subsection (2) or subsection (2) of this section shall continue to act until the expiration of the then current Presidential term, except that— * if his discharge of the powers and duties of the office is founded in whole or in part on the failure of both the President-elect and the Vice-President-elect to qualify, then he shall act only until a President or Vice President qualifies; and * if his discharge of the powers and duties of the office is founded in whole or in part on the inability of the President or Vice President, then he shall act only until the removal of the disability of one of such individuals. 4. If, by reason of death, resignation, removal from office, inability, or failure to qualify, there is no President pro tempore to act as President under subsection (2) of this section, then the officer of the United States who is highest on the following list, and who is not under disability to discharge the powers and duties of the office of President shall act as President: * Secretary of State * Secretary of Defense * Secretary of Homeland Security * Attorney General * Secretary of Commerce * An individual acting as President under this subsection shall continue so to do until the expiration of the then current Presidential term, but not after a qualified and prior-entitled individual is able to act, except that the removal of the disability of an individual higher on the list contained in paragraph (4) of this subsection or the ability to qualify on the part of an individual higher on such list shall not terminate his service. * The taking of the oath of office by an individual specified in the list in paragraph (4) of this subsection shall be held to constitute his resignation from the office by virtue of the holding of which he qualifies to act as President. 5. Subsections (1), (2), and (4) of this section shall apply only to such officers as are eligible to the office of President under the Constitution. Subsection (4) of this section shall apply only to officers appointed, by and with the advice and consent of the Senate , prior to the time of the death, resignation, removal from office, inability, or failure to qualify, of the President pro tempore, and only to officers not under impeachment by the House of Representatives at the time the powers and duties of the office of President devolve upon them. ## **CHAPTER TWO - DELEGATION OF FUNCTIONS** #### **3 US Code § 201 - General authorization to delegate functions; publication of delegations** The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate , to perform without approval, ratification, or other action by the President 1. Any function which is vested in the President by law, or 2. Any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part. #### **3 US Code § 202 - Scope of delegation of functions** The authority conferred by this chapter shall apply to any function vested in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be delegated. This chapter shall not be deemed to limit or derogate from any existing or inherent right of the President to delegate the performance of functions vested in him by law, and nothing herein shall be deemed to require express authorization in any case in which such an official would be presumed in law to have acted by authority or direction of the President. #### **3 US Code § 203 - Definitions** As used in this chapter, the term “function” embraces any duty, power, responsibility, authority, or discretion vested in the President or other officer concerned, and the terms “perform” and “performance” may be construed to mean “exercise”. # **Title Four - Flag and Seal, Seat of Government** ## **CHAPTER ONE - THE FLAG** #### **4 US Code § 101 - Flag; stripes and stars on** The flag of the United States shall be thirteen horizontal stripes, alternate red and white; and the union of the flag shall be fifty stars, white in a blue field. #### **4 US Code § 102 - Same; additional stars** On the admission of a new State into the Union one star shall be added to the union of the flag; and such addition shall take effect on the fourth day of July then next succeeding such admission. #### **4 US Code § 103 - Use of flag for advertising purposes; mutilation of flag** Any person who, within the District of Columbia or on the ROBLOX platform, in any manner, for exhibition or display, shall place or cause to be placed any word, figure, mark, picture, design, drawing, or any advertisement of any nature upon any flag, standard, colors, or ensign of the United States of America; or shall expose or cause to be exposed to public view any such flag, standard, colors, or ensign upon which shall have been printed, painted, or otherwise placed, or to which shall be attached, appended, affixed, or annexed any word, figure, mark, picture, design, or drawing, or any advertisement of any nature; or who, within the District of Columbia, shall manufacture, sell, expose for sale, or to public view, or give away or have in possession for sale, or to be given away or for use for any purpose, any article or substance being an article of merchandise, or a receptacle for merchandise or article or thing for carrying or transporting merchandise, upon which shall have been printed, painted, attached, or otherwise placed a representation of any such flag, standard, colors, or ensign, to advertise, call attention to, decorate, mark, or distinguish the article or substance on which so placed shall be deemed guilty of a misdemeanor and shall be punished by a fine not exceeding 100R or by imprisonment for not more than thirty days, or both, in the discretion of the court. The words “flag, standard, colors, or ensign”, as used herein, shall include any flag, standard, colors, ensign, or any picture or representation of either, or of any part or parts of either, made of any substance or represented on any substance, of any size evidently purporting to be either of said flag, standard, colors, or ensign of the United States of America or a picture or a representation of either, upon which shall be shown the colors, the stars and the stripes, in any number of either thereof, or of any part or parts of either, by which the average person seeing the same without deliberation may believe the same to represent the flag, colors, standard, or ensign of the United States of America. #### **4 US Code § 104 - Pledge of allegiance to the flag; manner of delievery** The Pledge of Allegiance to the Flag: “I pledge allegiance to the Flag of the United States of America, and to the Republic for which it stands, one Nation under God, indivisible, with liberty and justice for all.” should be rendered by standing at attention facing the flag. Persons in uniform should remain silent, face the flag, and render the military salute, if able to do so. Members of the Armed Forces not in uniform and veterans may render the military salute in the manner provided for persons in uniform. #### **4 US Code § 105 - Time and occasions for display** It is the universal custom to display the flag only from sunrise to sunset on buildings and on stationary flagstaffs in the open. However, when a patriotic effect is desired, the flag may be displayed 24 hours a day if properly illuminated during the hours of darkness. The flag should be hoisted briskly and lowered ceremoniously. #### **4 US Code § 106 - Respect for flag** No disrespect should be shown to the flag of the United States of America; the flag should not be dipped to any person or thing. Regimental colors, State flags, and organization or institutional flags are to be dipped as a mark of honor. The flag should never be displayed with the union down, except as a signal of dire distress in instances of extreme danger to life or property. The flag should never touch anything beneath it, such as the ground, the floor, water, or merchandise. #### **4 US Code § 107 - Modification of rules and customs by President** Any rule or custom pertaining to the display of the flag of the United States of America, set forth herein, may be altered, modified, or repealed, or additional rules with respect thereto may be prescribed, by the Commander in Chief of the Armed Forces of the United States, whenever he deems it to be appropriate or desirable; and any such alteration or additional rule shall be set forth in a proclamation. ## **CHAPTER TWO - THE SEAL** #### **4 US Code § 201 - Seal of the United States** The seal heretofore used by the United States in Congress assembled is declared to be the seal of the United States. ## **CHAPTER THREE - SEAT OF GOVERNMENT** #### **4 US Code § 301 - Permanent seat of the Government** All that part of the territory of the United States included within the present limits of the District of Columbia shall be the permanent seat of government of the United States. #### **4 US Code § 302 - Public offices; at seat of Government** All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law. #### **4 US Code § 302 - Same; removal from seat of Government** In case of any natural disasters or acts of violence at the seat of government, the President may permit and direct the removal of any or all the public offices to such other place or places as he shall deem most safe and convenient for conducting the public business. # **Title Five - Government Organization and Employees** ## **CHAPTER ONE - ORGANIZATION** #### **5 US Code § 101 - Executive Departments** The Executive departments are, whether active or not: * Department of State * Department of Justice * Department of Defense * Department of Homeland Security * Department of Commerce #### **5 US Code § 102 - Military Departments** The military departments are, whether active or not: * Department of the Army The Secretary of Defense, or President, with the approval of Congress (simple majority), can establish military departments. #### **5 US Code § 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. #### **5 US Code § 104 - Independent establishment** For the purpose of this title, “independent establishment” means— 1. An establishment in the executive branch (such as the United States Postal Service or the Postal Regulatory Commission) which is not an Executive department, military department, Government corporation, or part thereof, or part of an independent establishment. #### **5 US Code § 105 - Executive agency** For the purpose of this title, “Executive agency” means an Executive department, a Government corporation, and an independent establishment. ## **CHAPTER TWO - POWERS** #### **5 US Code § 201 - 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. #### **5 US Code § 202 - Delegation of authority** 1. For the purpose of this section, “agency” has the meaning— * An Executive Agency; * A Military Department; * A Court of the United States; * The Administrative Office of the United States Courts; * The Library of Congress; * The Botanic Garden; * Architect of the Capitol; and * The government of the District of Columbia; but does not include a Government controlled corporation; * 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— * By law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his agency; and * To authorize the publication of advertisements, notices, or proposals. #### **5 US Code § 203 - Oath to witnesses** 1. 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. 2. An employee of the Department of Defense lawfully assigned to investigative duties may administer oaths to witnesses in connection with an official investigation. #### **5 US Code § 204 - Subpoenas** 1. 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 subpoena for a witness within the jurisdiction of the court to appear at a time and place stated in the subpoena 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. 2. If a witness, after being served with a subpoena, neglects or refuses to appear, or, appearing, refuses to testify, the judge of the district in which the subpoena issued may proceed, on proper process, to enforce obedience to the subpoena, or to punish for disobedience, in the same manner as a court of the United States may in case of process of subpoena ad testificandum issued by the court. #### **5 US Code § 203 - Systematic agency review of operations** 1. For the purpose of this section, “agency” means an Executive agency, but does not include— * A Government controlled corporation; * The Central Intelligence Agency; or * The National Security Agency, Department of Defense. 2. 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.] 3. The purpose of the reviews includes— * Determining the degree of efficiency in the operation of the agency’s activities, functions, or organization units; * Identifying the units that are outstanding in those respects; and * Identifying the employees whose personal efforts have caused their units to be outstanding in efficiency and economy of operations. #### **5 US Code § 204 - Agency strategic plans** 1. Not later than the first Monday in which the term of the President commences, the head of each agency shall make available on the public of the agency a strategic plan and notify the President and Congress of its availability. Such plan shall contain— * A comprehensive mission statement covering the major functions and operations of the agency; * General goals and objectives, including outcome-oriented goals, for the major functions and operations of the agency; * A description of how any goals and objectives contribute to the Federal Government priority goals * 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 achieve those goals and objectives; and * A description of how the agency is working with other agencies to achieve its goals and objectives as well as relevant Federal Government priority goals; 2. A description of how the goals and objectives incorporate views and suggestions obtained through congressional consultations required under subsection (1, bullet 4); 3. A description of how the performance goals provided in the plan, including the agency priority goal, contribute to the general goals and objectives in the strategic plan; 4. 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 5. A description of the program evaluations used in establishing or revising general goals and objectives, with a schedule for future program evaluations to be conducted. * The strategic plan shall cover a period of not less than 4 years following the fiscal year in which the plan is submitted. As needed, the head of the agency may make adjustments to the strategic plan to reflect significant changes in the environment in which the agency is operating, with appropriate notification of Congress. * The performance plan required by section 1115(b) 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. * When developing or making adjustments to a strategic plan, the agency shall consult periodically with the Congress, including majority and minority views from the appropriate authorizing, appropriations, and oversight committees, and shall solicit and consider the views and suggestions of those entities potentially affected by or interested in such a plan. The agency shall consult with the appropriate committees of Congress at least once every 2 years. * 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. * 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 Government Accountability Office, the United States Postal Service, and the Postal Regulatory Commission. ## **CHAPTER THREE - ADMINISTRATIVE PROCEDURE** **SUBCHAPTER ONE - GENERAL PROVISIONS** #### **5 US Code § 301 - Administrative practice; general provision** 1. For the purpose of this section— * “Agency” has the meaning given to it by title 5, chapter 2, § 202 * “State” means a territory or possession of the United States including a Commonwealth, or the District of Columbia. 2. An individual who is bar certified 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. 3. This section does not— * Grant or deny to an individual who is not qualified as provided by subsection (b) of this section the right to appear for or represent a person before an agency or in an agency proceeding; * Authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; * 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 * Prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. 4. When a participant in a matter before an agency is represented by an individual qualified under subsection (2) of this section, a notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient. #### **5 US Code § 302 - Advertising practice; restrictions** An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business. #### **5 US Code § 303 - Administrative practice; Reserves and National Guardsmen** Membership in a reserve component of the armed forces does not prevent an individual from practicing his civilian profession or occupation before, or in connection with, an agency of the United States. **SUBCHAPTER TWO - ADMINISTRATIVE PROCEDURE** #### **5 US Code § 303 - Definitions** For the purpose of this subchapter— 1. “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— * The Congress; * The courts of the United States; * The governments of the territories or possessions of the United States; * The government of the District of Columbia; * Agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; * Courts martial and military commissions; * Military authority exercised in the field in time of war or in occupied territory; or 2. “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency; 3. “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes; 4. “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wages, corporate or financial structures or reorganizations thereof, prices, facilities, appliances, services or allowances therefor or of valuations, costs, or accounting, or practices bearing on any of the foregoing; 5. “rule making” means agency process for formulating, amending, or repealing a rule; 6. “order” means the whole or a part of a final disposition, whether affirmative, negative, injunctive, or declaratory in form, of an agency in a matter other than rule making but including licensing; 7. “adjudication” means agency process for the formulation of an order; 8. “license” includes the whole or a part of an agency permit, certificate, approval, registration, charter, membership, statutory exemption or other form of permission; 9. (9) “licensing” includes agency process respecting the grant, renewal, denial, revocation, suspension, annulment, withdrawal, limitation, amendment, modification, or conditioning of a license; 10. “sanction” includes the whole or a part of an agency— * Prohibition, requirement, limitation, or other condition affecting the freedom of a person; * Withholding of relief; * Imposition of penalty * Destruction, taking, seizure, or withholding of property; * Assessment of damages, reimbursement, restitution, compensation, costs, charges, or fees; * Requirement, revocation, or suspension of a license; or * Taking other compulsory or restrictive action; 11. “relief” includes the whole or a part of an agency— * Grant of money, assistance, license, authority, exemption, exception, privilege, or remedy; * Recognition of a claim, right, immunity, privilege, exemption, or exception; or * Taking of other action on the application or petition of, and beneficial to, a person; 12. “agency proceeding” means an agency process as defined by paragraphs (5), (7), and (9) of this section; 13. “agency action” includes the whole or a part of an agency rule, order, license, sanction, relief, or the equivalent or denial thereof, or failure to act; and 14. “ex parte communication” means an oral or written communication not on the public record with respect to which reasonable prior notice to all parties is not given, but it shall not include requests for status reports on any matter or proceeding covered by this subchapter. #### **5 US Code § 304 - Adjudications** No individual shall, while serving as Director or Deputy Director, serve in any other office or position in the Government of the United States except as otherwise provided by law or at the direction of the President. #### **5 US Code § 305 - Hearing Entitlements** Persons entitled to notice of an agency hearing shall be timely informed of— the time, place, and nature of the hearing; the legal authority and jurisdiction under which the hearing is to be held; and the matters of fact and law asserted. When private persons are the moving parties, other parties to the proceeding shall give prompt notice of issues controverted in fact or law; and in other instances agencies may by rule require responsive pleading. In fixing the time and place for hearings, due regard shall be had for the convenience and necessity of the parties or their representatives. The agency shall give all interested parties opportunity for— the submission and consideration of facts, arguments, offers of settlement, or proposals of adjustment when time, the nature of the proceeding, and the public interest permit. #### **5 US Code § 306 - Ancillary matters** This section applies, according to the provisions thereof, except as otherwise provided by this subchapter. 1. A person compelled to appear in person before an agency or representative thereof is entitled to be accompanied, represented, and advised by counsel or, if permitted by the agency, by other qualified representative. A party is entitled to appear in person or by or with counsel or other duly qualified representative in an agency proceeding. So far as the orderly conduct of public business permits, an interested person may appear before an agency or its responsible employees for the presentation, adjustment, or determination of an issue, request, or controversy in a proceeding, whether interlocutory, summary, or otherwise, or in connection with an agency function. With due regard for the convenience and necessity of the parties or their representatives and within a reasonable time, each agency shall proceed to conclude a matter presented to it. This subsection does not grant or deny a person who is not a lawyer the right to appear for or represent others before an agency or in an agency proceeding. 2. Process, requirement of a report, inspection, or other investigative act or demand may not be issued, made, or enforced except as authorized by law. A person compelled to submit data or evidence is entitled to retain or, on payment of lawfully prescribed costs, procure a copy or transcript thereof, except that in a nonpublic investigatory proceeding the witness may for good cause be limited to inspection of the official transcript of his testimony. 3. Agency subpoenas authorized by law shall be issued to a party on request and, when required by rules of procedure, on a statement or showing of general relevance and reasonable scope of the evidence sought. On contest, the court shall sustain the subpoena or similar process or demand to the extent that it is found to be in accordance with law. In a proceeding for enforcement, the court shall issue an order requiring the appearance of the witness or the production of the evidence or data within a reasonable time under penalty of punishment for contempt in case of contumacious failure to comply. 4. Prompt notice shall be given of the denial in whole or in part of a written application, petition, or other request of an interested person made in connection with any agency proceeding. Except in affirming a prior denial or when the denial is self-explanatory, the notice shall be accompanied by a brief statement of the grounds for denial. #### **5 US Code § 307 - Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record** This section applies, according to the provisions thereof, when a hearing is required to be conducted in accordance with section 556 of this title. 1. When the agency did not preside at the reception of the evidence, the presiding employee or, in cases not subject to section 554(d) of this title, an employee qualified to preside at hearings pursuant to section 556 of this title, shall initially decide the case unless the agency requires, either in specific cases or by general rule, the entire record to be certified to it for decision. When the presiding employee makes an initial decision, that decision then becomes the decision of the agency without further proceedings unless there is an appeal to, or review on motion of, the agency within time provided by rule. On appeal from or review of the initial decision, the agency has all the powers which it would have in making the initial decision except as it may limit the issues on notice or by rule. When the agency makes the decision without having presided at the reception of the evidence, the presiding employee or an employee qualified to preside at hearings pursuant to section 556 of this title shall first recommend a decision, except that in rule making or determining applications for initial licenses— * Instead thereof the agency may issue a tentative decision or one of its responsible employees may recommend a decision; or * This procedure may be omitted in a case in which the agency finds on the record that due and timely execution of its functions imperatively and unavoidably so requires. 2. Before a recommended, initial, or tentative decision, or a decision on agency review of the decision of subordinate employees, the parties are entitled to a reasonable opportunity to submit for the consideration of the employees participating in the decisions— * Proposed findings and conclusions; or * Exceptions to the decisions or recommended decisions of subordinate employees or to tentative agency decisions; and * Supporting reasons for the exceptions or proposed findings or conclusions. The record shall show the ruling on each finding, conclusion, or exception presented. All decisions, including initial, recommended, and tentative decisions, are a part of the record and shall include a statement of— * Findings and conclusions, and the reasons or basis therefor, on all the material issues of fact, law, or discretion presented on the record; and * The appropriate rule, order, sanction, relief, or denial thereof. **SUBCHAPTER THREE - AGENCY RULEMAKING** #### **5 US § Code 308 - Authority** A head of an executive agency or department has the authority to- * Establish rules and regulations. * The President of the United States may edit the rules or regulations through amendment to the rule or through executive order. #### **5 US Code § 309 - Judicial Review** Any agency or executive regulation, rule, or policy shall be subject to judicial review thereof in accordance with the Constitution. **SUBCHAPTER FOUR - JUDICIAL REVIEW** #### **5 US Code § 310 - Application; definitions** 1. This chapter applies, according to the provisions thereof, except to the extent that— * statutes preclude judicial review; or * agency action is committed to agency discretion by law. 2. For the purpose of this chapter— * “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include— * the Congress; * the courts of the United States; * the governments of the territories or possessions of the United States; * the government of the District of Columbia; * agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them; * courts martial and military commissions; * military authority exercised in the field in time of war or in occupied territory; #### **5 US Code § 311 - Right of review** A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a relevant statute, is entitled to judicial review thereof. An action in a court of the United States seeking relief other than money damages and stating a claim that an agency or an officer or employee thereof acted or failed to act in an official capacity or under color of legal authority shall not be dismissed nor relief therein be denied on the ground that it is against the United States or that the United States is an indispensable party. The United States may be named as a defendant in any such action, and a judgment or decree may be entered against the United States: Provided, That any mandatory or injunctive decree shall specify the Federal officer or officers (by name or by title), and their successors in office, personally responsible for compliance. Nothing herein (1) affects other limitations on judicial review or the power or duty of the court to dismiss any action or deny relief on any other appropriate legal or equitable ground; or (2) confers authority to grant relief if any other statute that grants consent to suit expressly or impliedly forbids the relief which is sought. #### **5 US Code § 312 - Form and venue of proceeding** The form of proceeding for judicial review is the special statutory review proceeding relevant to the subject matter in a court specified by statute or, in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunction or habeas corpus, in a court of competent jurisdiction. If no special statutory review proceeding is applicable, the action for judicial review may be brought against the United States, the agency by its official title, or the appropriate officer. Except to the extent that prior, adequate, and exclusive opportunity for judicial review is provided by law, agency action is subject to judicial review in civil or criminal proceedings for judicial enforcement. #### **5 US Code § 313 - Actions reviewable** Agency action made reviewable by statute and final agency action for which there is no other adequate remedy in a court are subject to judicial review. A preliminary, procedural, or intermediate agency action or ruling not directly reviewable is subject to review on the review of the final agency action. Except as otherwise expressly required by statute, agency action otherwise final is final for the purposes of this section whether or not there has been presented or determined an application for a declaratory order, for any form of reconsideration, or, unless the agency otherwise requires by rule and provides that the action meanwhile is inoperative, for an appeal to superior agency authority. #### **5 US Code § 314 - Relief pending review** When an agency finds that justice so requires, it may postpone the effective date of action taken by it, pending judicial review. On such conditions as may be required and to the extent necessary to prevent irreparable injury, the reviewing court, including the court to which a case may be taken on appeal from or on application for certiorari or other writ to a reviewing court, may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings. #### **5 US Code § 315 - Scope of review** To the extent necessary to decision and when presented, the reviewing court shall decide all relevant questions of law, interpret constitutional and statutory provisions, and determine the meaning or applicability of the terms of an agency action. The reviewing court shall— 1. compel agency action unlawfully withheld or unreasonably delayed; and 2. hold unlawful and set aside agency action, findings, and conclusions found to be— * arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law; * contrary to constitutional right, power, privilege, or immunity; * in excess of statutory jurisdiction, authority, or limitations, or short of statutory right; * without observance of procedure required by law; * unsupported by substantial evidence in a case subject to sections 556 and 557 of this title or otherwise reviewed on the record of an agency hearing provided by statute; or * unwarranted by the facts to the extent that the facts are subject to trial de novo by the reviewing court. **SUBCHAPTER FIVE - CONGRESSIONAL REVIEW OF AGENCY RULEMAKING** #### **5 US Code § 316 - Congressional Review** If the House or Senate Committee Ethics committee; or a special committee, finds that an executive agency or department rule violates the law, or the Constitution, they have the power to repeal that rule. **SUBCHAPTER SIX - EXECUTIVE REORGANIZATION** #### **5 US Code § 317 - Purpose** 1. The Congress declares that it is the policy of the United States— * to promote the better execution of the laws, the more effective management of the executive branch and of its agencies and functions, and the expeditious administration of the public business; * to reduce expenditures and promote economy to the fullest extent consistent with the efficient operation of the Government; * to increase the efficiency of the operations of the Government to the fullest extent practicable; * to group, coordinate, and consolidate agencies and functions of the Government, as nearly as may be, according to major purposes; * to reduce the number of agencies by consolidating those having similar functions under a single head, and to abolish such agencies or functions thereof as may not be necessary for the efficient conduct of the Government; and * to eliminate overlapping and duplication of effort. 2. Congress declares that the public interest demands the carrying out of the purposes of subsection (1) of this section and that the purposes may be accomplished in great measure by proceeding under this chapter, and can be accomplished more speedily thereby than by the enactment of specific legislation. 3. It is the intent of Congress that the President should provide appropriate means for broad citizen advice and participation in restructuring and reorganizing the executive branch. 4. The President shall from time to time examine the organization of all agencies and shall determine what changes in such organization are necessary to carry out any policy set forth in subsection (1) of this section. #### **5 US Code § 319 - Definitions** For the purpose of this chapter— 1. “agency” means— * an Executive agency or part thereof; and * an office or officer in the executive branch; 2. “reorganization” means a transfer, consolidation, coordination, authorization, or abolition, and 3. “officer” is not limited by this title. #### **5 US Code § 320 - Reorganization plans** 1. Whenever the President, after investigation, finds that changes in the organization of agencies are necessary to carry out any policy set forth, he shall prepare a reorganization plan specifying the reorganizations he finds are necessary. Any plan may provide for— * the transfer of the whole or a part of an agency, or of the whole or a part of the functions thereof, to the jurisdiction and control of another agency; * the abolition of all or a part of the functions of an agency, except that no enforcement function or statutory program shall be abolished by the plan; * the consolidation or coordination of the whole or a part of an agency, or of the whole or a part of the functions thereof, with the whole or a part of another agency or the functions thereof; * the consolidation or coordination of part of an agency or the functions thereof with another part of the same agency or the functions thereof; * the authorization of an officer to delegate any of his functions; or * the abolition of the whole or a part of an agency which agency or part does not have, or on the taking effect of the reorganization plan will not have, any functions. The President shall transmit the plan (bearing an identification number) to the Congress together with a declaration that, with respect to each reorganization included in the plan, he has found that the reorganization is necessary to carry out any policy set forth. 2. The President shall have a reorganization plan delivered to both Houses on the same day and to each House while it is in session, except that no more than three plans may be pending before the Congress at one time. In his message transmitting a reorganization plan, the President shall specify with respect to each abolition of a function included in the plan the statutory authority for the exercise of the function. The message shall also estimate any reduction or increase in expenditures (itemized so far as practicable), and describe any improvements in management, delivery of Federal services, execution of the laws, and increases in efficiency of Government operations, which it is expected will be realized as a result of the reorganization included in the plan. In addition, the President’s message shall include an implementation section which shall (1) describe in detail (A) the actions necessary or planned to complete the reorganization, (B) the anticipated nature and substance of any orders, directives, and other administrative and operational actions which are expected to be required for completing or implementing the reorganization, and ( C ) any preliminary actions which have been taken in the implementation process, and (2) contain a projected timetable for completion of the implementation process. The President shall also submit such further background or other information as the Congress may require for its consideration of the plan. ( C ) Any time during the period of 7 calendar days of continuous session of Congress after the date on which the plan is transmitted to it, but before any resolution has been ordered reported in either House, the President may make amendments or modifications to the plan which modifications or revisions shall thereafter be treated as a part of the reorganization plan originally transmitted and shall not affect in any way the time limits otherwise provided for in this chapter. The President may withdraw the plan any time prior to the conclusion of 10 calendar days of continuous session of Congress following the date on which the plan is submitted to Congress. #### **5 US Code § 321 - Additional contents of reorganization plan** 1. May change in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency resulting from a reorganization and the title of its head; 2. May provide for the appointment and pay of the head and one or more officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary; 3. Shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization; 4. Shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the functions after the reorganization plan is effective; and 5. Shall provide for terminating the affairs of an agency abolished. A reorganization plan transmitted by the President containing provisions authorized by paragraph (2) of this section may provide that the head of an agency be an individual or a commission or board with more than one member. In the case of an appointment of the head of such an agency, the term of office may not be fixed at more than four months, and if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate Committee. Any reorganization plan transmitted by the President containing provisions required by paragraph (4) of this section shall provide for the transfer of unexpended balances only if such balances are used for the purposes for which the appropriation was originally made. #### **5 US Code § 321 - Additional contents of reorganization plan** A reorganization plan transmitted by the President— 1. May change in such cases as the President considers necessary, the name of an agency affected by a reorganization and the title of its head, and shall designate the name of an agency resulting from a reorganization and the title of its head; 2. May provide for the appointment and pay of the head and one or more officers of any agency (including an agency resulting from a consolidation or other type of reorganization) if the President finds, and in his message transmitting the plan declares, that by reason of a reorganization made by the plan the provisions are necessary; 3. Shall provide for the transfer or other disposition of the records, property, and personnel affected by a reorganization; 4. Shall provide for the transfer of such unexpended balances of appropriations, and of other funds, available for use in connection with a function or agency affected by a reorganization, as the President considers necessary by reason of the reorganization for use in connection with the functions affected by the reorganization, or for the use of the agency which shall have the functions after the reorganization plan is effective; and 5. shall provide for terminating the affairs of an agency abolished. A reorganization plan transmitted by the President containing provisions authorized by paragraph (2) of this section may provide that the head of an agency be an individual or a commission or board with more than one member. In the case of an appointment of the head of such an agency, the term of office may not be fixed at more than four months, and if the appointment is not to a position in the competitive service, it shall be by the President, by and with the advice and consent of the Senate. Any reorganization plan transmitted by the President containing provisions required by paragraph (4) of this section shall provide for the transfer of unexpended balances only if such balances are used for the purposes for which the appropriation was originally made. #### **5 US Code § 322 - Limitation on powers** A reorganization plan may not provide for, and a reorganization under this chapter may not have the effect of— * Creating a new executive department or renaming an existing executive department, abolishing or transferring an executive department or independent regulatory agency, or all the functions thereof, or consolidating two or more executive departments or two or more independent regulatory agencies, or all the functions thereof; * Continuing an agency beyond the period authorized by law for its existence or beyond the time when it would have terminated if the reorganization had not been made; * Continuing a function beyond the period authorized by law for its exercise or beyond the time when it would have terminated if the reorganization had not been made; * Authorizing an agency to exercise a function which is not expressly authorized by law at the time the plan is transmitted to Congress; * Creating a new agency which is not a component or part of an existing executive department or independent agency; * Increasing the term of an office beyond that provided by law for the office; or * Dealing with more than one logically consistent subject matter. #### **5 US Code § 323 - Terms of resolution** For the purpose of this title, “resolution” means only a joint resolution of the Congress, the matter after the resolving clause of which is as follows: “That the Congress approves the reorganization plan numbered transmitted to the Congress by the President on , 20 .”, and includes such modifications and revisions as are submitted by the President. The blank spaces therein are to be filled appropriately. The term does not include a resolution which specifies more than one reorganization plan. #### **5 US Code § 324 - Introduction and reference of resolution** 1. No later than the first day of session following the day on which a reorganization plan is transmitted to the House of Representatives Committee and the Senate Committee, a resolution shall be introduced (by request) in the House by a Member or Members of the House designated by such; and shall be introduced (by request) in the Senate Committee by a Member or Members of the Senate Committee designated by such chairman. 2. A resolution with respect to a reorganization plan shall be referred to the Committee on Governmental Affairs of the Senate Committee and the Committee on Government Operations of the House (and all resolutions with respect to the same plan shall be referred to the same committee) by the President of the Senate Committee or the Speaker of the House of Representatives Committee, as the case may be. The committee shall make its recommendations to the House of Representatives Committee or the Senate Committee, respectively, within 10 calendar days of continuous session of Congress following the date of such resolution’s introduction. 3. If the committee to which is referred a resolution introduced pursuant to subsection (1) (or, in the absence of such a resolution, the first resolution introduced with respect to the same reorganization plan) has not reported such resolution or identical resolution at the end of 10 calendar days of continuous session of Congress after its introduction, such committee shall be deemed to be discharged from further consideration of such resolution and such resolution shall be placed on the appropriate calendar of the House involved. #### **5 US Code § 325 - Procedure after report or discharge of committee; debate; vote on final passage** 1. When the committee has reported, or has been deemed to be discharged from further consideration of, a resolution with respect to a reorganization plan, it is at any time thereafter in order (even though a previous motion to the same effect has been disagreed to) for any Member of the respective House to move to proceed to the consideration of the resolution. The motion is highly privileged and is not debatable. The motion shall not be subject to amendment, or to a motion to postpone, or a motion to proceed to the consideration of other business. A motion to reconsider the vote by which the motion is agreed to or disagreed to shall not be in order. If a motion to proceed to the consideration of the resolution is agreed to, the resolution shall remain the unfinished business of the respective House until disposed of. 2. Debate on the resolution, and on all debatable motions and appeals in connection therewith, shall be limited to not more than one hour, which shall be divided equally between individuals favoring and individuals opposing the resolution. A motion further to limit debate is in order and not debatable. An amendment to, or a motion to postpone, or a motion to proceed to the consideration of other business, or a motion to recommit the resolution is not in order. A motion to reconsider the vote by which the resolution is passed or rejected shall not be in order. 3. Immediately following the conclusion of the debate on the resolution with respect to a reorganization plan, and a single quorum call at the conclusion of the debate if requested in accordance with the rules of the appropriate House, the vote on final passage of the resolution shall occur. 4. Appeals from the decisions of the Chair relating to the application of the rules of the Senate Committee or the House of Representatives Committee, as the case may be, to the procedure relating to a resolution with respect to a reorganization plan shall be decided without debate. 5. If, prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same reorganization plan from the other House, then— * The procedure in that House shall be the same as if no resolution had been received from the other House; but * The vote on final passage shall be on the resolution of the other House. #### **5 US Code § 326 - Departments and Agencies** The President, or the head of department or agency, may establish roles and positions within the agency, as long as they are in accordance with the law and Constitution of the United States. # **Title Six - Armed Forces** #### **6 US Code § 101 - Executive Department** 1. In time of war, or of national emergency declared by Congress or the President, the President may suspend the operation of any provision of law relating to the promotion, involuntary retirement, or separation of commissioned officers of the Armed Forces. So long as such war or national emergency continues, any such suspension may be extended by the President. 2. If a provision of law pertaining to the promotion of reserve officers is suspended under this section and if the Secretary of Defense submits to Congress proposed legislation to adjust the grades and dates of rank of reserve commissioned officers other than commissioned warrant officers, such proposed legislation shall, so far as practicable, be the same as that recommended for adjusting the grades and dates of rank of officers of the regular component of the armed force concerned. 3. Upon the termination of a suspension made under the authority of subsection (1) of a provision of law otherwise requiring the separation or retirement of officers on active duty because of age, length of service or length of service in grade, or failure of selection for promotion, the Secretary concerned shall extend by up to 90 days the otherwise required separation or retirement date of any officer covered by the suspended provision whose separation or retirement date, but for the suspension, would have been before the date of the termination of the suspension or within 90 days after the date of such termination. #### **6 US Code § 102 - Seal** The Secretary of Defense shall have a seal for the Department of Defense. The design of the seal is subject to approval by the President. Judicial notice shall be taken of the seal. # **Title Seven - Crimes** #### **7 US Code § 000 - Discretion** All fines, and imprisonments under this title shall show the maximum sentence that can be given for each code under this title. The Courts and Law Enforcement shall have the discretion to go below the maximum unless a code has a minimum in which cannot be gone under. ## **CHAPTER ONE - TRAFFIC VIOLATIONS** #### **7 US Code § 101 - Reckless Driving** The act of operating a motor vehicle and committing 3 or more traffic infractions within a reasonable time frame, driving off road while in city limits, or striking other vehicles. ==Class: Misdemeanor== * Punishable by; * Fine of $600 dollars * Imprisonment of 5 minutes #### **7 US Code § 102 - Reckless Driving Causing Bodily Injury** The act of operating a motor vehicle without care or regard for others, causing bodily injury to another individual. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 103 - Evading a Peace Officer** The act of fleeing from a law enforcement officer / peace officer with the use of a motor vehicle ==Class: Misdemeanor== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 104 - Hit and Run** The act of operating a motor vehicle and infliciting damage willingliy or unwillingly, to publice or private property and leaving the scene. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 105 - Failure to Yield to a Traffic Control Device** Failure to yield to stop signs, yield signs, traffic signals, etc. Disregard to traffic signage. ==Class: Infraction== * Punishable by; * Fine of $150 dollars #### **7 US Code § 106 - Speeding in the First Degree** The act of operating a motor vehicle going 5+ MPH over the posted speed limit ==Class: Infraction== * Punishable by; * Fine of $50 dollars #### **7 US Code § 107 - Speeding in the Second Degree** The act of operating a motor vehicle going 15+ MPH over the posted speed limit ==Class: Infraction== * Punishable by; * Fine of $150 dollars #### **7 US Code § 108 - Felony Speeding** The act of operating a motor vehicle going 30+ MPH over the posted speed limit. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 109 - Driving Wrong Way** The act of operating a motor vehicle and driving the opposite way which traffic directed to follow. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 110 - Failure to Maintain Lane** The act of operating a motor vehicle and failing to maintain within the displayed lane. ==Class: Infraction== * Punishable by; * Fine of $100 dollars #### **7 US Code § 111 - Impeding Traffic** The act of operating a motor vehicle and stopping / going excessively slow on a public roadway, leading to a hinderance in the flow of normal traffic. ==Class: Infraction== * Punishable by; * Fine of $125 dollars #### **7 US Code § 112 - Operating an Unroadworthy Vehicle** The act of operating a motor vehicle which is visibily smoking due to heavy amounts of damage, making it dangerous to operate. ==Class: Infraction== * Punishable by; * Fine of $200 dollars #### **7 US Code § 113 - Failure to Yield to Emergency Vehicles** The act of operating a motor vehicle and failing to pull aside / yield to emergency equipment utilized by the United States Federal Government. ==Class: Infraction== * Punishable by: * Fine of $150 dollars #### **7 US Code § 114 - Following Too Closely** The act of operating a motor vehicle and following too close to another vehicle, which is defined as not having enough brake space if the driver in front were to come to a swift halt. ==Class: Infraction== * Punishable by; * Fine of $100 dollars #### **7 US Code § 115 - Unsafe Operation of a Emergency Vehicle** The act of operating an emergency vehicle without care which could lead to unintended private / public property damage or bodily injury. Charge utilized by the courts. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 116 - Driving without Headlights at Night** The act of operating a motor vehicle without utilizing your headlights at night. ==Class: Infraction== * Punishable by; * Fine of $75 dollars #### **7 US Code § 117 - Illegal Parking** The act of parking a motor vehicle in a invalid fashion. Invalid Parking Consists of; (1) Parking in a handicap spot without proper permit. (2) Parking in a Spawning Location. (3) Parking in a way in which obstructs the flow of traffic. (4) Parking facing the wrong direction of traffic on a roadway. Valid Parking consist of; (1) Parking in a posted parking spot between the lines if theu are present without sticking out excessively. (2) parking along the road where the two left wheels are on the road while the two right wheels are on the sidewalk / off the road, facing the same way of traffic. (3) Parking off-road excluding private property and dirt roads. ==Class: Infraction== * Punishable by; * Fine of $115 dollars #### **7 US Code § 118 - Failure to Signal Lane Change** The act of operating a motor vehicle and failing to utilize blinkers when changing lanes. ==Class: Infraction== * Punishable by; * Fine of $50 dollars #### **7 US Code § 119 - Possesion of a Stolen Vehicle** The act of being in possesion of a motor vehicle which you do not own nor have the consent of the registered owner to drive such motor vehicle ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 120 - Vehicular Assualt** The act of striking one with thier vehicle, or making reckless meanouvours with the intent to harm, threaten, coerce, be a nuisence, or purposfully obstruct a City, County, or State Official. ==Class: Felony== * Punishable by; * Imprisonment of 15 minutes #### **7 US Code § 121 - Obstruction of Traffic** The act of intentionally preventing motor vehicles to pass freely along a roadway, or hindering the flow of traffic. ==Class: Misdemeanor== * Punishable by; * Fine of $150 dollars * Imprisonment of 5 minutes ## **CHAPTER TWO - CRIMINAL CODE** #### **7 US Code § 201 - Misdemeanor accessory before the fact** Whoever receives, relieves, comforts, aids, abets, encourages, or assists the offender of a misdemeanor against the United States before the crime was committed, but was not present at the scene of the crime. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 202 - Misdemeanor accessory after the fact** Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender of a misdemeanor in order to hinder or prevent his apprehension, trial or punishment. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 203 - False statements** Whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully— A. falsifies, conceals, or covers up by any trick, scheme, or device a material fact; B. makes any materially false, fictitious, or fraudulent statement or representation; or C. makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 204 - Contempt of Court** Whoever, is disobedient to or disrespectful towards a court of law and its officers in the form of behavior that opposes or defies authority, justice, and dignity of the court. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 10 minutes or; * a fine of $5,000 dollars #### **7 US Code § 205 - Harassment** Whoever, conducts behaviour which disturbs or upsets, and is characteristically repetitive, or appears to be disturbing or threatening. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 206 - Theft** Whoever, takes another person’s property without that person’s permission or consent with the intent to deprive the rightful owner of it. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 207 - Trespassing on Government property** Whoever, intentionally enters government owned property without a lawful excuse. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 208 - Disturbing the Peace** Whoever, performs an act which unsettles the proper order in a public space. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes or; * Fine of $1,500 dollars #### **7 US Code § 209 - Vehicular Manslaughter** Whoever, kills an individual as a result of criminally negligent operation of a motor vehicle. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 210 - Resisting Arrest** Whoever, flees a police officer while being arrested, or threatens a police officer with physical violence while being arrested, or attacks a police officer while being arrested. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 211 - Employment Discrimination** Whoever, determines an individual’s employment status based off of their race, age, sex, sexual orientation, religious beliefs, or political views. ==Class: Misdemeanor== * Punishable by; * Fine of $10,000 dollars #### **7 US Code § 212 - Assault on a Peace Officer** Whoever, physically engages a sheriff, police officer, or any other civil servant designated to uphold the law. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes. #### **7 US Code § 213 - Evasion of Police** Whoever, fails to stop when an emergency vehicle or peace officer is in pursuit of a pedestrian who is fleeing on foot. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 214 - Reckless Endangerment** Whoever, commits an offense that recklessly engages in conduct that places or may place another person in imminent danger of death or serious bodily injury. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 215- Conspiracy to Commit a Misdemeanor** Whoever conspires to commit a misdemeanor when, with intent to commit the misdemeanor, the person agrees with another person to commit the misdemeanor. ==Class: Misdemeanor== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 301 - Felony accessory before the fact** Whoever receives, relieves, comforts, aids, abets, encourages, or assists the offender of a felony against the United States before the crime was committed, but was not present at the scene of the crime. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 302 - Felony accessory after the fact** Whoever, knowing that an offense against the United States has been committed, receives, relieves, comforts or assists the offender of a felony in order to hinder or prevent his apprehension, trial or punishment. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 303 - Misprision of felony** Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States. ==Class: Felony== * Punishable by; * Imprisonment of 5 minutes #### **7 US Code § 304 - Assaulting, resisting, or impeding certain officers or employees** Whoever, forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any federal agent or federal officer while engaged in or on account of the performance of official duties; or forcibly assaults or intimidates any person who formerly served as a federal agent or federal officer of the performance of official duties during such person’s term of service. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 305 - Assaulting, resisting, or impeding certain officers or employees with a deadly weapon** Whoever, uses a deadly weapon to commit the offense in 7 US Code § 304. ==Class: Felony== * Punishable by; * Imrpsionment of 15 minutes #### **7 US Code § 306 - Violence or coercion against foreign officials, guests, protected persons** Whoever assaults, strikes, wounds, imprisons, or offers violence to a foreign official, official guest, or internationally protected person or makes any other violent attack upon the person or liberty of such person, or, if likely to endanger his person or liberty, makes a violent attack upon his official premises, private accommodation, or means of transport; or whoever intimidates, coerces, harasses, a foreign official in the performance of his duties. ==Class: Felony== * Punishable by; * Imprisonment of 15 minutes #### **7 US Code § 307 - Interference with certain law enforcement functions** Whoever knowingly and willfully obstructs, resists, or interferes with a Federal law enforcement agent engaged, within the United States, in the performance of duties pertaining to their agency. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 308 - Protection of individuals** Whoever knowingly makes personal information about a citizen of the United States publicly available, or withholds personal information privately, unless it involves an official investigation with the FBI or any intelligence agencies. In this section— A. The term “personal information” means, with respect to an individual, the Social Security number, full name, the full home address, home phone number, mobile phone number, IP Address, personal email, or home fax number of, and identifiable to, that individual that has not been willfully shared. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 309 - Bribery of public officials and witnesses** For the purpose of this section— A. The term “public official” means Member of Congress, either before or after such official has qualified, or an officer or employee or person acting for or on behalf of the United States, or any department, agency or branch of Government thereof, in any official function, under or by authority of any such department, agency, or branch of Government, or a juror; B. The term “person who has been selected to be a public official” means any person who has been nominated or appointed to be a public official, or has been officially informed that such person will be so nominated or appointed; and C. The term “official act” means any decision or action on any question, matter, cause, suit, proceeding or controversy, which may at any time be pending, or which may by law be brought before any public official, in such official’s official capacity, or in such official’s place of trust or profit. Whoever, directly or indirectly, corruptly gives, offers or promises anything of value to any public official or person who has been selected to be a public official, or offers or promises any public official or any person who has been selected to be a public official to give anything of value to any other person or entity, with intent— A. to influence any official act; or B. to influence such public official or person who has been selected to be a public official to commit or aid in committing, or collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or C. to induce such public official or such person who has been selected to be a public official to do or omit to do any act in violation of the lawful duty of such official or person; or Whoever, being a public official or person selected to be a public official, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity, in return for— A. being influenced in the performance of any official act; B. being influenced to commit or aid in committing, or to collude in, or allow, any fraud, or make opportunity for the commission of any fraud, on the United States; or C. being induced to do or omit to do any act in violation of the official duty of such official or person; or Whoever, directly or indirectly, corruptly gives, offers, or promises anything of value to any person, or offers or promises such person to give anything of value to any other person or entity, with intent to influence the testimony under oath or affirmation of such first-mentioned person as a witness upon a trial, hearing, or other proceeding, before any court, any committee of either House or both Houses of Congress, or any agency, commission, or officer authorized by the laws of the United States to hear evidence or take testimony, or with intent to influence such person to absent himself therefrom; or Whoever, directly or indirectly, corruptly demands, seeks, receives, accepts, or agrees to receive or accept anything of value personally or for any other person or entity in return for being influenced in testimony under oath or affirmation as a witness upon any such trial, hearing, or other proceeding, or in return for absenting himself therefrom, is guilty of bribery of public officials. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 310 - First degree murder** Whoever, takes the life of another human with malice aforethought. ==Class: Felony== * Punishable by; * Imprisonment of 20 minutes #### **7 US Code § 311 - Second degree murder** Whoever, takes the life of another human without malice aforethought, or in the “heat of passion”, by dangerous conduct and a lack of concern for human life. ==Class: Felony== * Punishable by; * Imprisonment of 15 minutes #### **7 US Code § 312 - Attempted murder** Whoever, attempts to take the life of another human and is unsuccessful. ==Class: Felony= * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 313 - Sexual harassment** Whoever, commits unwelcome sexual advances, requests sexual favors, bullies or coerces in a sexual nature. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 314 - Assault** Whoever, successfully causes physical harm to another human by any means. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 315 - Battery** Whoever, successfully causes harm to another human by any means, in an effort to carry out a prior threat given to the victim. ==Class: Felony== * Punishable by; * Imprisonment of 12 minutes #### **7 US Code § 316 - Blackmail** Whoever, under a threat of informing, or as a consideration for not informing, against any violation of any law of the United States, demands or receives any money or other valuable thing. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 317 - Impersonation of an officer or employee of the United States** Whoever falsely assumes or pretends to be an officer or employee acting under the authority of the United States or any department, agency or officer thereof, and acts as such, or in such pretended character demands or obtains any money, paper, document, or thing of value. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 318 - Treason** Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, or secedes with a group of people to attempt to form a new nation. ==Class: Felony== * Punishable by; * Imprisonment of a minimum of 60 minutes or; * Imprisonment of a maximum of 180 minutes #### **7 US Code § 319 - Rebellion or insurrection** Whoever incites, sets on foot, assists, or engages in any rebellion or insurrection against the authority of the United States or the laws thereof, or gives aid or comfort thereto. ==Class: Felony== * Punishable by; * Imprisonment of a minimum of 25 minutes or; * Imprisonment of a maximum of 30 minutes #### **7 US Code § 320 - Perjury** Whoever, having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or Whoever, in any declaration, certificate, verification, or statement under penalty of perjury willfully subscribes as true any material matter which he does not believe to be true. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 321 - Obstruction of justice** Whoever, willingly endeavors to obstruct, delay, or prevent the communication of information relating to a violation of any criminal statute of the United States. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes #### **7 US Code § 322 - Threatening a government official or law enforcement official** Whoever knowingly and willfully deposits for conveyance in the mail or delivery in an online platform, any threat to take the life of, to kidnap, or to inflict bodily harm upon the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or any government official, or any law enforcement official, or knowingly and willfully otherwise makes any such threat against the President of the United States, the President-elect, the Vice President or other officer next in the order of succession to the office of President of the United States, or the Vice President-elect, or any government official, or any law enforcement official. ==Class: Felony== * Punishable by; * Imprisonment of 10 minutes