Title 5 — Government Organization and EmployeesRelease 119-73
§302 Delegation of authority
Title 5 › Part PART I— - THE AGENCIES GENERALLY › Chapter CHAPTER 3— - POWERS › Subchapter SUBCHAPTER I— - GENERAL PROVISIONS › § 302
Summary
"Agency" means what section 5721 says. The head of an agency can give lower officials the power to make final personnel decisions and to approve advertisements, notices, or proposals under section 3702 of title 44.
Full Legal Text
Title 5, §302
Government Organization and Employees — Source: USLM XML via OLRC
(a)For the purpose of this section, “agency” has the meaning given it by section 5721 of this title.
(b)In addition to the authority to delegate conferred by other law, the head of an agency may delegate to subordinate officials the authority vested in him—
(1)by law to take final action on matters pertaining to the employment, direction, and general administration of personnel under his agency; and
(2)by section 3702 of title 44 to authorize the publication of advertisements, notices, or proposals.
Legislative History
Notes & Related Subsidiaries
Historical and Revision Notes
DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 22a.Aug. 2, 1946, ch. 744, § 12, 60 Stat. 809. Clause (2) of former section 22a is omitted because of the repeal of R.S. § 3683 (31 U.S.C. 675) by the Act of Sept. 12, 1950, ch. 946, § 301(76), 64 Stat. 843. The word “agency” is substituted for “department” and defined to conform to the definition of “department” in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811. In subsection (b), the words “In addition to the authority to delegate conferred by other law,” are added for clarity and in recognition of the various reorganization plans which generally have transferred all functions of the departments and agencies to the heads thereof and have authorized them to delegate the functions to subordinates. Standard changes are made to conform with the definitions applicable and the style of this title as outlined in the preface to the report.
Editorial Notes
Amendments
1975—Subsec. (b)(2). Pub. L. 94–183 substituted “3702” for “324”.
Reference
Citations & Metadata
Citation
5 U.S.C. § 302
Title 5 — Government Organization and Employees
Last Updated
Apr 6, 2026
Release point: 119-73