41 USC 1303 - Functions and authority

U.S Code last checked for updates: Nov 22, 2024

§ 1303.

Functions and authority

(a)

Functions.—

(1)

Issue and maintain federal acquisition regulation.—

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 section 3016 of title 10), and the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.),1

 See References in Text note below.

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.—

The 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 section 1121(b) of this title.

(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.—

If 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 section 1121(b) of this title, 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.—

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

The 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 section 1302(b) of this title.

(c)

Governing Policies.—

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

(d)

General Authority With Respect to Federal Acquisition Regulation.—

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

(Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3691; Pub. L. 117–81, div. A, title XVII, § 1702(h)(2), Dec. 27, 2021, 135 Stat. 2158

cite as: 41 USC 1303