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Title 5 — Government Organization and Employees

Part I · Chapter 3 — Powers

§ 302. Delegation of authority

Statutory text

(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

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 89–554 · 80 Stat. 378

    Enacted · 5 U.S.C. § 302

    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379

    Source evidence

    Code source credit
    Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 379

  2. Pub. L. 94–183 § 2(1) · 89 Stat. 1057

    Substituted · 5 U.S.C. § 302(b)(2)

    Pub. L. 94–183 substituted “3702” for “324”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 94–183 substituted “3702” for “324”.

    Enacted provision · exact public law section
    (1) In section 302(b)(2) strike out “324” and insert “3702” in place thereof;

1 of 2 references resolved to an enrolled provision · 1 partial

Notes

historicalAndRevision
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”.

Credits

1966–1975 · 2 acts
  1. 1966Pub. L. 89–554, , 80 Stat. 379
  2. 1975Pub. L. 94–183, § 2(1), , 89 Stat. 1057.
Show as published

(Pub. L. 89–554, , 80 Stat. 379; Pub. L. 94–183, § 2(1), , 89 Stat. 1057.)

Parsed from the official OLRC USLM XML in data/usc_all/usc05.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t5/s302