
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 50USC403c]

 
                   TITLE 50--WAR AND NATIONAL DEFENSE
 
                      CHAPTER 15--NATIONAL SECURITY
 
            SUBCHAPTER I--COORDINATION FOR NATIONAL SECURITY
 
Sec. 403c. Procurement authority of Central Intelligence Agency


(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), and sections 2305(a) to (c), 
2306, 2307, 2308, 2309, 2312, and 2313 of title 10.\1\
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    \1\ See Codification note below.
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(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 2304(a) and section 
2307(a) of title 10 \1\ 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 section 2307(a) of title 10,\1\ 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, Sec. 3, 63 Stat. 208; Pub. L. 97-269, title V, 
Sec. 502(a), Sept. 27, 1982, 96 Stat. 1145; Pub. L. 104-106, div. E, 
title LVI, Sec. 5607(f), Feb. 10, 1996, 110 Stat. 702.)

                          Codification

    Section was enacted as part of the Central Intelligence Agency Act 
of 1949, and not as part of the National Security Act of 1947 which 
comprises this chapter.
    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, sections 2 to 6 and 10 of the Armed Services Procurement Act of 1947 
were classified to sections 151 to 155 and 159 of Title 41, Public 
Contracts. Cited sections of the Act were restated in sections of Title 
10 as follows:


               Act                               Title 10

2(c)............................  2304(a)
3...............................  2305(a)-(c)
4...............................  2306, 2313
5...............................  2307
5(a)............................  2307(a)
6...............................  2312
10..............................  2308, 2309


    Sections 2304 and 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, Sec. 1503(b)(1), Oct. 13, 1994, 
108 Stat. 3297. For similar provisions, see section 2311 of title 10.


                               Amendments

    1996--Subsec. (e). Pub. L. 104-106 struck out subsec. (e) which read 
as follows: ``Notwithstanding subsection (e) of section 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.''
    1982--Subsec. (e). Pub. L. 97-269 added subsec. (e).


                    Effective Date of 1996 Amendment

    Amendment by Pub. L. 104-106 effective 180 days after Feb. 10, 1996, 
see section 5701 of Pub. L. 104-106, set out as an Effective Date note 
under section 1401 of Title 40, Public Buildings, Property, and Works.


                    Effective Date of 1982 Amendment

    Section 703 of title VII of Pub. L. 97-269 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

    Section 502(b) of Pub. L. 97-269 provided that: ``Subsection (e) of 
section 3 of the Central Intelligence Agency Act of 1949 (50 U.S.C. 
403c(e)), as added by subsection (a) of this section, does not apply to 
a contract made before the date of the enactment of this Act [Sept. 27, 
1982].''

                  Section Referred to in Other Sections

    This section is referred to in sections 403a, 403e, 403f of this 
title.
