
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(b)(2)]
[CITE: 10USC2311]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                PART IV--SERVICE, SUPPLY, AND PROCUREMENT
 
                   CHAPTER 137--PROCUREMENT GENERALLY
 
Sec. 2311. Assignment and delegation of procurement functions 
        and responsibilities
        
    (a) In General.--Except to the extent expressly prohibited by 
another provision of law, the head of an agency may delegate, subject to 
his direction, to any other officer or official of that agency, any 
power under this chapter.
    (b) Procurements For or With Other Agencies.--Subject to subsection 
(a), to facilitate the procurement of property and services covered by 
this chapter by each agency named in section 2303 of this title for any 
other agency, and to facilitate joint procurement by those agencies--
        (1) the head of an agency may delegate functions and assign 
    responsibilities relating to procurement to any officer or employee 
    within such agency;
        (2) the heads of two or more agencies may by agreement delegate 
    procurement functions and assign procurement responsibilities from 
    one agency to another of those agencies or to an officer or civilian 
    employee of another of those agencies; and
        (3) the heads of two or more agencies may create joint or 
    combined offices to exercise procurement functions and 
    responsibilities.

    (c) Approval of Terminations and Reductions of Joint Acquisition 
Programs.--(1) The Secretary of Defense shall prescribe regulations that 
prohibit each military department participating in a joint acquisition 
program approved by the Under Secretary of Defense for Acquisition, 
Technology, and Logistics from terminating or substantially reducing its 
participation in such program without the approval of the Under 
Secretary.
    (2) The regulations shall include the following provisions:
        (A) A requirement that, before any such termination or 
    substantial reduction in participation is approved, the proposed 
    termination or reduction be reviewed by the Joint Requirements 
    Oversight Council of the Department of Defense.
        (B) A provision that authorizes the Under Secretary of Defense 
    for Acquisition, Technology, and Logistics to require a military 
    department whose participation in a joint acquisition program has 
    been approved for termination or substantial reduction to continue 
    to provide some or all of the funding necessary for the acquisition 
    program to be continued in an efficient manner.

(Aug. 10, 1956, ch. 1041, 70A Stat. 132; Pub. L. 85-800, Sec. 11, Aug. 
28, 1958, 72 Stat. 967; Pub. L. 87-653, Sec. 1(g), Sept. 10, 1962, 76 
Stat. 529; Pub. L. 90-378, Sec. 3, July 5, 1968, 82 Stat. 290; Pub. L. 
97-86, title IX, Secs. 907(c), 909(f), Dec. 1, 1981, 95 Stat. 1117, 
1120; Pub. L. 98-369, div. B, title VII, Sec. 2726, July 18, 1984, 98 
Stat. 1194; Pub. L. 98-525, title XII, Sec. 1214, Oct. 19, 1984, 98 
Stat. 2592; Pub. L. 98-577, title V, Sec. 505, Oct. 30, 1984, 98 Stat. 
3087; Pub. L. 103-355, title I, Sec. 1503(a)(1), Oct. 13, 1994, 108 
Stat. 3296; Pub. L. 106-65, div. A, title IX, Sec. 911(a)(1), Oct. 5, 
1999, 113 Stat. 717.)

                                          Historical and Revision Notes
-------------------------------------------------------------------------------
---------------------------------
            Revised section                      Source (U.S. Code)            
   Source (Statutes at Large)
-------------------------------------------------------------------------------
---------------------------------
2311..................................  41:156(a) (less 1st sentence).       Fe
b. 19, 1948, ch. 65, Sec.  7(a)
                                        41:156(b).                            (
less 1st sentence), (b), 62 Stat.
                                                                              2
4.
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---------------------------------

    The words ``in his discretion and'' and ``including the making of 
such determinations and decisions'' are omitted as surplusage. The words 
``except the power to make determinations and decisions'' are 
substituted for the words ``Except as provided in subsection (b) of this 
section'' and ``The power of the agency head to make the determinations 
or decisions specified in paragraphs (12)-(16) of section 151(c) of this 
title and in section 154(a) of this title shall not be delegable''.


                            Prior Provisions

    Provisions similar to those in this section were contained in 
section 2308 of this title prior to repeal by Pub. L. 103-355, 
Sec. 1503(b)(1).


                               Amendments

    1999--Subsec. (c)(1), (2)(B). Pub. L. 106-65 substituted ``Under 
Secretary of Defense for Acquisition, Technology, and Logistics'' for 
``Under Secretary of Defense for Acquisition and Technology''.
    1994--Pub. L. 103-355 substituted ``Assignment and delegation of 
procurement functions and responsibilities'' for ``Delegation'' as 
section catchline and amended text generally. Prior to amendment, text 
read as follows: ``Except as provided in section 2304(d)(2) of this 
title, the head of an agency may delegate, subject to his direction, to 
any other officer or official of that agency, any power under this 
chapter.''
    1984--Pub. L. 98-577 struck out ``(a)'' before ``Except as provided 
in'' and struck out subsec. (b) which related to delegation of authority 
by heads of procuring activities of agencies of certain functions.
    Pub. L. 98-525 designated existing provisions as subsec. (a) and 
added subsec. (b).
    Pub. L. 98-369 inserted provision relating to the exception provided 
in section 2304(d)(2) of this title and struck out provision that the 
power to make determinations and decisions under cls. (11)-(16) of 
section 2304(a) of this title could not be delegated, but that the power 
to make a determination or decision under section 2304(a)(11) of this 
title could be delegated to any other officer of official of that agency 
who was responsible for procurement, and only for contracts requiring 
the expenditure of not more than $5,000,000.
    1981--Pub. L. 97-86 struck out in first sentence cl. (1) designation 
and cl. (2) relating to authorizing of contracts in excess of three 
years under section 2306(g) of this title, and in second sentence 
substituted ``$5,000,000'' for ``$100,000''.
    1968--Pub. L. 90-378 designated provisions after ``the power to make 
determinations and decisions'' as cl. (1) and added cl. (2).
    1962--Pub. L. 87-653 substituted ``delegated to any other officer'' 
for ``delegated only to a chief officer'' and ``$100,000'' for 
``$25,000''.
    1958--Pub. L. 85-800 struck out ``, or section 2307(a)'' after ``of 
section 2304(a)'' in first sentence.


                    Effective Date of 1994 Amendment

    For effective date and applicability of amendment by Pub. L. 103-
355, see section 10001 of Pub. L. 103-355, set out as a note under 
section 251 of Title 41, Public Contracts.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-369 applicable with respect to any 
solicitation for bids or proposals issued after Mar. 31, 1985, see 
section 2751 of Pub. L. 98-369, set out as a note under section 251 of 
Title 41, Public Contracts.


                    Effective Date of 1962 Amendment

    For effective date of amendment by Pub. L. 87-653, see section 1(h) 
of Pub. L. 87-653, set out as a note under section 2304 of this title.
