U.S. CODE

U.S. Code

§ 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]

(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.

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.

[1] See Codification note below.

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