(a) 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
2304(a)(1) to (6), (10), (12), (15), (17), andsections
2305(a) to (c),
2313 of title
(b) “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.
(c) 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.
(d) Powers not delegable; written findings
The power of the Agency head to make the determinations or decisions specified in paragraphs (12) and (15) of section
2307(a) of title
10 shall not be delegable. Each determination or decision required by paragraphs (12) and (15) of section
2304(a), by sections
2313, or by section
2307(a) 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.
Section was formerly classified to section
403c of this title prior to editorial reclassification and renumbering as this section.
In subsecs. (a) and (d), references to the appropriate sections of title 10 were substituted for references to sections 2(c)(1) to (6), (10), (12), (15), (17), 3, 4, 5, 6, and 10 of the Armed Services Procurement Act of 1947 (Public Law 413, 80th Congress), on authority of section 49(b) of act Aug. 10, 1956, ch. 1041, 70A Stat. 640, section 1 of which enacted Title 10, Armed Forces. Prior to the enactment of Title
10 of the Armed Services Procurement Act of 1947 were classified to sections 151 to 155 and 159 of former Title 41, Public Contracts. Cited sections of the Act were restated in sections of Title 10 as follows:
2305 of title
10 were amended generally by Pub. L. 98–369, and as so amended contain provisions differing from those referred to in subsecs. (a) and (d). Section
2308 of title
10 was repealed by Pub. L. 103–355, title I, § 1503(b)(1),Oct. 13, 1994, 108 Stat. 3297. For similar provisions, see section
2311 of title
1996—Subsec. (e). Pub. L. 104–106struck out subsec. (e) which read as follows: “Notwithstanding subsection (e) ofsection
759 of title 40, the provisions of section
759 of title
40 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. 97–269, title VII, § 703,Sept. 27, 1982, 96 Stat. 1155, provided that: “The provisions of titles IV and V [enacting former section
202 of Title
10, Armed Forces, and amending this section] and of this title [which, except for enacting this note was not classified to the Code] shall become effective upon the date of the enactment of this Act [Sept. 27, 1982].”
Procurement of Automatic Data Processing Equipment or Services; Contracts Made Before September 27, 1982
Pub. L. 97–269, title V, § 502(b),Sept. 27, 1982, 96 Stat. 1145, provided that former subsec. (e) of this section did not apply to a contract made before Sept. 27, 1982.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
An empty table indicates that we see no relevant changes listed in the classification tables. If you suspect that our system may be missing something, please double-check with the Office of the Law Revision Counsel.
Description of Change
Statutes at Large
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