Purchases and contracts for supplies and services
In the performance of its functions the Central Intelligence Agency is authorized to exercise the authorities contained in sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3066, 3134, 3841, and 4752 of title 10.
“Agency head” defined
In the exercise of the authorities granted in subsection (a) of this section, the term “Agency head” shall mean the Director, the Deputy Director, or the Executive of the Agency.
Classes of purchases and contracts; finality of decision; powers delegable
The determinations and decisions provided in subsection (a) of this section to be made by the Agency head may be made with respect to individual purchases and contracts or with respect to classes of purchases or contracts, and shall be final. Except as provided in subsection (d) of this section, the Agency head is authorized to delegate his powers provided in this section, including the making of such determinations and decisions, in his discretion and subject to his direction, to any other officer or officers or officials of the Agency.
Powers not delegable; written findings
The power of the Agency head to make the determinations or decisions specified in sections 3201 through 3204 of title 10 shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10 shall be based upon written findings made by the official making such determinations, which findings shall be final and shall be available within the Agency for a period of at least six years following the date of the determination.
June 20, 1949, ch. 227, § 363 Stat. 208Pub. L. 97–269, title V, § 502(a)96 Stat. 1145Pub. L. 104–106, div. E, title LVI, § 5607(f)110 Stat. 702Pub. L. 118–31, div. G, title III, § 7332137 Stat. 1045Pub. L. 119–60, div. F, title LXV, § 6505139 Stat. 1629(, ; , , ; , , ; , , ; , , .)
Editorial Notes
Codification
section 403c of this titleSection was formerly classified to prior to editorial reclassification and renumbering as this section.
Amendments
Pub. L. 119–602025—Subsec. (a). substituted “3066” for “3069”.
Pub. L. 118–31, § 7332(1)2023—Subsec. (a). , substituted “sections 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 10” for “sections 2304(a)(1) to (6), (10), (12), (15), (17), and sections 2305(a) to (c), 2306, 2307, 2308, 2309, 2312, and 2313 of title 10”.
Pub. L. 118–31, § 7332(2)section 2307(a) of title 10section 2307(a) of title 10Subsec. (d). , which directed substitution of “in sections 3201 through 3204 of title 10 shall not be delegable. Each determination or decision required by sections 3201 through 3204, 3321 through 3323, and 3841 of title 10” for “ ‘in paragraphs’ and all that follows through ‘1947’ ”, was executed by making the substitution for “in paragraphs (12) and (15) of section 2304(a) and shall not be delegable. Each determination or decision required by paragraphs (12) and (15) of section 2304(a), by sections 2306 and 2313, or by ”, which had read in the original “in paragraphs (12) and (15) of section 2(c) and section 5(a) of the Armed Services Procurement Act of 1947 shall not be delegable. Each determination or decision required by paragraphs (12) and (15) of section 2(c), by section 4 or by section 5(a) of the Armed Services Procurement Act of 1947”, to reflect the probable intent of Congress. In the original text, “1947” appeared twice, and amendment was executed as if striking out text through “1947” the second time appearing.
Pub. L. 104–106section 759 of title 40section 759 of title 401996—Subsec. (e). struck out subsec. (e) which read as follows: “Notwithstanding subsection (e) of , the provisions of relating to the procurement of automatic data processing equipment or services shall not apply with respect to such procurement by the Central Intelligence Agency.”
Pub. L. 97–2691982—Subsec. (e). added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1996 Amendment
Pub. L. 104–106section 5701 of Pub. L. 104–106110 Stat. 702Amendment by effective 180 days after , see , div. E, title LVII, , .
Effective Date of 1982 Amendment
Pub. L. 97–269, title VII, § 70396 Stat. 1155
Procurement of Automatic Data Processing Equipment or Services; Contracts Made Before
Pub. L. 97–269, title V, § 502(b)96 Stat. 1145, , , provided that former subsec. (e) of this section did not apply to a contract made before .