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.
Notes of Decisions
Rear Admiral (Lh) Noel K. Dysart, Med. Corps, U.S. Navy (Ret.) v. United States, 369 F.3d 1303 (Fed. Cir. 2004).
· cites it 3× “) Although there is apparently no express delegation from the President to the Secretary of the Navy pursuant to 3 U.S.C. § 301 of the authority to appoint naval officers on behalf of the President, such an express delegation is not required for the letter to serve as the public…”
Haig v. Agee, 453 U.S. 280 (1981).
· cites it 2× “[45] Pursuant to the general delegation statute, 3 U. S. C. § 301 , the power of the President to prescribe passport regulations has been delegated to the Secretary.”
Utah Ass'n of Counties v. Bush, 316 F. Supp. 2d 1172 (D. Utah 2004).
· cites it 6× “” 3 U.S.C. § 301 . The President must publish such authorization in the Federal Register, but he may place terms, conditions, and limitations on the use of the delegated authority, and he may revoke the delegation “in whole or in part” at any time.”
Detroit Int'l Bridge Co. v. Gov't of Canada, 133 F. Supp. 3d 70 (D.D.C. 2015).
· cites it 2× “11423 references is 3 U.S.C. § 301 , which authorizes the President to delegate to agencies or executive branch officials the performance of “any function which is vested in the President by law.”
Ass'n of Civilian Technicians, Inc. v. United States, 603 F.3d 989 (D.C. Cir. 2010).
· cites it 2× “Because Congress placed this authority in the Secretary of the Army acting through the Board, see 3 U.S.C. §§ 301 , 302; 10 U.S.C. § 1552 , the Guardsmen maintain that section 110's authorization to "govern" and "to issue orders" means the Board can order reinstatement and…”
Weinstein v. Islamic Repub. of Iran, 609 F.3d 43 (2d Cir. 2010).
“Indeed, the United States has implemented several sanctions programs against Iran, subsequent to the Accords, that have had the effect of limiting the mobility of Iranian property.”
James G. Law v. United States, 11 F.3d 1061 (Fed. Cir. 1993).
· cites it 2× “However, § 302 contains the caveat that “nothing herein shall be deemed to require express authorization.”
In Re Terrorist Attacks on September 11, 2001, 392 F. Supp. 2d 539 (S.D.N.Y. 2005).
“287(c), and 3 U.S.C. § 301 . The Secretaries of State and Treasury, in consultation with each other and the Attorney General, may designate individuals or entities if they determine the individual or entity has committed or poses the risk of committing acts of terrorism, or are…”
Siemens Energy, Inc. v. PDVSA, 82 F.4th 144 (2d Cir. 2023).
“; and 3 U.S.C. § 301 . See Imposing Additional Sanctions With Respect to the Situation in Venezuela, Exec.”
Am. Fed'n of Gov't Emps. v. Trump, 318 F. Supp. 3d 370 (D.C. Cir. 2018).
“, supra ), and he also has the undisputed authority to "empower the head of any department or agency[,]" including OPM, to perform "any function which is vested in the President by law," 3 U.S.C. § 301 . Thus, given the multiple wellsprings of authority that OPM enjoys in this…”
Reading & Bates Corp. v. United States, 40 Fed. Cl. 737 (Fed. Cl. 1998).
“, and 3 U.S.C. § 301 ,1, Jimmy Carter, President of the United States, find that the situation in Iran constitutes an unusual and extraordinary threat to the national security, foreign policy and economy of the United States and hereby declare a national emergency to deal with…”
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