Page:United States Statutes at Large Volume 108 Part 4.djvu/663

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PUBLIC LAW 103-355 —OCT. 13, 1994 108 STAT. 3297 "(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 tnose 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 and Technology 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 and Technology 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.". (2) The table of sections at the beginning of chapter 137 of such title is amended by striking out the item relating to section 2311 and inserting in lieu thereof the following: "2311. Assignment and delegation of procurement functions and responsibilities.". (b) CONFORMING REPEAL.— (1) Section 2308 of title 10, United States Code, is repealed. (2) The table of sections at the beginning of chapter 137 of such title is amended by striking out the item related to section 2308. SEC. 1604. DETERMINATIONS AND DECISIONS. Section 2310 of title 10, United States Code, is amended to read as follows:

    • §2310. Determinations and decisions

"(a) INDIVIDUAL OR CLASS DETERMINATIONS AND DECISIONS AUTHORIZED. —Determinations and decisions required to be made under this chapter by the head of an agency may be made for an individual purchase or contract or, except to the extent expressly prohibited by another provision of law, for a class of purchases or contracts. Such determinations and decisions are final. "(b) WRITTEN FINDINGS REQUIRED.—(1) Each determination or decision under section 2306(g)(1), 2307(d), or 2313(c)(2)(B) of this title shall be based on a written finding by the person making the determination or decision. The finding shall set out facts and circumstances that support the determination or decision.