### §3503. Procurement authorities

#### (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 3201, 3203, 3204, 3206, 3207, 3302 through 3306, 3321 through 3323, 3801 through 3808, 3069, 3134, 3841, and 4752 of title 10.

#### (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 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, §3, 63 Stat. 208; Pub. L. 97–269, title V, §502(a), Sept. 27, 1982, 96 Stat. 1145; Pub. L. 104–106, div. E, title LVI, §5607(f), Feb. 10, 1996, 110 Stat. 702; Pub. L. 118–31, div. G, title III, §7332, Dec. 22, 2023, 137 Stat. 1045.)

#### **Editorial Notes**

#### Codification

Section was formerly classified to section 403c of this title prior to editorial reclassification and renumbering as this section.

#### Amendments

2023—Subsec. (a). Pub. L. 118–31, §7332(1), 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".

Subsec. (d). Pub. L. 118–31, §7332(2), 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 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 2306 and 2313, or by section 2307(a) of title 10", 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.

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).

#### **Statutory Notes and Related Subsidiaries**

#### 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, div. E, title LVII, Feb. 10, 1996, 110 Stat. 702.

#### Effective Date of 1982 Amendment

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.