# § 3065. Assignment and delegation of procurement functions and responsibilities: delegation within agency
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 any provision of this part that is a chapter 137 legacy provision.
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**Source Credit**: (Aug. 10, 1956, ch. 1041, 70A Stat. 132, § 2311; Pub. L. 85–800, § 11, Aug. 28, 1958, 72 Stat. 967; Pub. L. 87–653, § 1(g), Sept. 10, 1962, 76 Stat. 529; Pub. L. 90–378, § 3, July 5, 1968, 82 Stat. 290; Pub. L. 97–86, title IX, §§ 907(c), 909(f), Dec. 1, 1981, 95 Stat. 1117, 1120; Pub. L. 98–369, div. B, title VII, § 2726, July 18, 1984, 98 Stat. 1194; Pub. L. 98–525, title XII, § 1214, Oct. 19, 1984, 98 Stat. 2592; Pub. L. 98–577, title V, § 505, Oct. 30, 1984, 98 Stat. 3087; Pub. L. 103–355, title I, § 1503(a)(1), Oct. 13, 1994, 108 Stat. 3296; Pub. L. 107–107, div. A, title X, § 1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116–92, div. A, title IX, § 902(49), Dec. 20, 2019, 133 Stat. 1548; renumbered § 3065 and amended Pub. L. 116–283, div. A, title XVIII, § 1807(d)(1), (2)(A)–(C), (3), Jan. 1, 2021, 134 Stat. 4157, 4158.)
| Revised section | Source (U.S. Code) | Source (Statutes at Large) |
| --- | --- | --- |
| 2311 | 41:156(a) (less 1st sentence).41:156(b). | Feb. 19, 1948, ch. 65, § 7(a) (less 1st sentence), (b), 62 Stat. 24. |
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 and in shall not be delegable”.
## Editorial Notes
### Prior Provisions
A prior section 3065 was renumbered .
Provisions similar to those in this section were contained in prior to repeal by .
### Amendments
2021—, (3), in section catchline, substituted “Assignment and delegation of procurement functions and responsibilities: delegation within agency” for “Emergency situations involving weapons of mass destruction” and, in text, struck out subsec. (a) designation and heading “In General” at beginning, and substituted “under any provision of this part that is a chapter 137 legacy provision” for “under this chapter”.
, renumbered as this section.
Subsecs. (b), (c). , (B), transferred subsecs. (b) and (c) of this section to sections 3066 and 3067 of this title, respectively.
2019—Subsec. (c)(1), (2)(B). substituted “Under Secretary of Defense for Acquisition and Sustainment” for “Under Secretary of Defense for Acquisition, Technology, and Logistics”.
2001—Subsec. (c)(1), (2)(B). substituted “Under Secretary of Defense for Acquisition, Technology, and Logistics” for “Under Secretary of Defense for Acquisition and Technology”.
1994— 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 , 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— 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.
designated existing provisions as subsec. (a) and added subsec. (b).
inserted provision relating to the exception provided in and struck out provision that the power to make determinations and decisions under cls. (11)–(16) of could not be delegated, but that the power to make a determination or decision under 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— struck out in first sentence cl. (1) designation and cl. (2) relating to authorizing of contracts in excess of three years under , and in second sentence substituted “$5,000,000” for “$100,000”.
1968— designated provisions after “the power to make determinations and decisions” as cl. (1) and added cl. (2).
1962— substituted “delegated to any other officer” for “delegated only to a chief officer” and “$100,000” for “$25,000”.
1958— struck out “, or section 2307(a)” after “of section 2304(a)” in first sentence.
## Statutory Notes and Related Subsidiaries
### Effective Date of 2021 Amendment
Amendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .
### Effective Date of 1994 Amendment
For effective date and applicability of amendment by , see , set out as a note under .
### Effective Date of 1984 Amendment
Amendment by applicable with respect to any solicitation for bids or proposals issued after , see , set out as a note under .
### Effective Date of 1962 Amendment
> “The amendments made by this Act [amending this section and sections 2304, 2306, and 2310 (now 4751) of this title] shall take effect on the first day of the third calendar month which begins after the date of enactment of this Act [
>
> ].”
, , , provided that: