§302 — Title 5 Government Organization and Employees | U.S. Code

Summary

An agency head may let lower-level officials act for them in certain areas, on top of any other delegation powers they already have. They can give away their legal power to make final decisions about hiring, managing, and running their staff, and they can give the authority under section 3702 of title 44 to approve publishing advertisements, notices, or proposals. "Agency" is defined by section 5721.

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.

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”.

§302 Delegation of Authority