41 U.S.C. § 1303 | Functions and authority

(a)

Functions.—

(1)

Issue and maintain federal acquisition regulation .—

section 3016 of title 10 42 U.S.C. 2451 1

1 See References in Text note below.

Subject to sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title, the Administrator of General Services, the Secretary of Defense, and the Administrator of National Aeronautics and Space, pursuant to their respective authorities under division C of this subtitle, chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in ), and the National Aeronautics and Space Act of 1958 ( et seq.), shall jointly issue and maintain in accordance with subsection (d) a single Government-wide procurement regulation, to be known as the Federal Acquisition Regulation.

(2)

Limitation on other regulations .—

Other regulations relating to procurement issued by an executive agency shall be limited to—

(A)

regulations essential to implement Government-wide policies and procedures within the agency; and

(B)

additional policies and procedures required to satisfy the specific and unique needs of the agency.

(3)

Ensure consistent regulations .—

section 1121(b) of this titleThe Administrator, in consultation with the Council, shall ensure that procurement regulations prescribed by executive agencies are consistent with the Federal Acquisition Regulation and in accordance with the policies prescribed pursuant to .

(4)

Request to review regulation.—

(A)

Basis for request .—

Under procedures the Administrator establishes, a person may request the Administrator to review a regulation relating to procurement on the basis that the regulation is inconsistent with the Federal Acquisition Regulation.

(B)

Period of review .—

Unless the request is frivolous or does not, on its face, state a valid basis for the review, the Administrator shall complete the review not later than 60 days after receiving the request. The time for completion of the review may be extended if the Administrator determines that an additional period of review is required. The Administrator shall advise the requester of the reasons for the extension and the date by which the review will be completed.

(5)

When regulation is inconsistent or needs to be improved .—

section 1121(b) of this titleIf the Administrator determines that a regulation relating to procurement is inconsistent with the Federal Acquisition Regulation or that the regulation otherwise should be revised to remove an inconsistency with the policies prescribed under , the Administrator shall rescind or deny the promulgation of the regulation or take other action authorized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title as may be necessary to remove the inconsistency. If the Administrator determines that the regulation, although not inconsistent with the Federal Acquisition Regulation or those policies, should be revised to improve compliance with the Regulation or policies, the Administrator shall take action authorized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 as may be necessary and appropriate.

(6)

Decisions to be in writing and publicly available .—

The decisions of the Administrator shall be in writing and made publicly available.

(b)

Additional Responsibilities of Membership.—

(1)

In general .—

section 1302(b) of this titleSubject to the authority, direction, and control of the head of the agency concerned, each official who represents an agency on the Council pursuant to shall—

(A)

approve or disapprove all regulations relating to procurement that are proposed for public comment, prescribed in final form, or otherwise made effective by that agency before the regulation may be prescribed in final form, or otherwise made effective, except that the official may grant an interim approval, without review, for not more than 60 days for a procurement regulation in urgent and compelling circumstances;

(B)

carry out the responsibilities of that agency set forth in chapter 35 of title 44 for each information collection request that relates to procurement rules or regulations; and

(C)

eliminate or reduce—

(i)

any redundant or unnecessary levels of review and approval in the procurement system of that agency; and

(ii)

redundant or unnecessary procurement regulations which are unique to that agency.

(2)

Limitation on delegation .—

section 1302(b) of this titleThe authority to review and approve or disapprove regulations under paragraph (1)(A) may not be delegated to an individual outside the office of the official who represents the agency on the Council pursuant to .

(c)

Governing Policies .—

section 1121(b) of this titleAll actions of the Council and of members of the Council shall be in accordance with and furtherance of the policies prescribed under .

(d)

General Authority With Respect to Federal Acquisition Regulation .—

section 1121(d) of this titleSubject to , the Council shall manage, coordinate, control, and monitor the maintenance of, issuance of, and changes in, the Federal Acquisition Regulation.

Pub. L. 111–350, § 3Jan. 4, 2011124 Stat. 3691 Pub. L. 117–81, div. A, title XVII, § 1702(h)(2)Dec. 27, 2021135 Stat. 2158(, , ; , ,

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
1303(a)	41:421(c).	Pub. L. 93–400, § 25(c)–(f), as added Pub. L. 100–679, § 4, Nov. 17, 1988, 102 Stat. 4056; Pub. L. 104–201, title VIII, § 822, title X, § 1074(f)(3), Sept. 23, 1996, 110 Stat. 2609, 2661; Pub. L. 105–85, title VIII, § 841(d), Nov. 18, 1997, 111 Stat. 1843.
1303(b)	41:421(d).
1303(c)	41:421(e).
1303(d)	41:421(f).

Public Law 104–106 110 Stat. 665In subsection (a)(6), the text of 41:421(c)(6) (last sentence) is omitted because 41:407 was repealed by section 4305(b) of the National Defense Authorization Act of Fiscal Year 1996 (, ).

November 17, 1988In subsection (b)(1)(A), the words “after 60 days after ” are omitted as obsolete.

section 3502(11) of title 44 Public Law 104–13 109 Stat. 163In subsection (b)(1)(B), the words “(as that term is defined in )” are omitted because chapter 35 of title 44 was amended generally by the Paperwork Reduction Act of 1995 (, ) and 44:3502 no longer defines “information collection request”. The term “information collection request” is retained in this section of the revised title, however, because 44:ch. 35 still contains provisions about requests for collection of information.

Editorial Notes

References in Text

Pub. L. 85–568July 29, 195872 Stat. 426 Pub. L. 111–314Dec. 18, 2010124 Stat. 3328 section 10101 of Title 51The National Aeronautics and Space Act of 1958, referred to in subsec. (a)(1), is , , , which was classified principally to chapter 26 (§ 2451 et seq.) of Title 42, The Public Health and Welfare, and was substantially repealed and restated as chapter 201 (§ 20101 et seq.) of Title 51, National and Commercial Space Programs, by , §§ 3, 6, , , 3444. For complete classification of this Act to the Code, see Short Title of 1958 Act note set out under and Tables.

Amendments

Pub. L. 117–81 section 3016 of title 102021—Subsec. (a)(1). substituted “chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in )” for “chapters 4 and 137 of title 10”.