41 U.S.C. § 1302 — Establishment and membership

Page 23 TITLE 41—PUBLIC CONTRACTS § 1303 1 See References in Text note below. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3691.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1301 ............ 41:403(17). Pub. L. 93–400, § 4(17), as added Pub. L. 108–375, title VIII, § 807(b), Oct. 28, 2004, 118 Stat. 2011. § 1302. Establishment and membership (a) ESTABLISHMENT.—There is a Federal Acqui- sition Regulatory Council to assist in the direc- tion and coordination of Government-wide pro- curement policy and Government-wide procure- ment regulatory activities in the Federal Gov- ernment. (b) MEMBERSHIP.— (1) MAKEUP OF COUNCIL.—The Council con- sists of— (A) the Administrator; (B) the Secretary of Defense; (C) the Administrator of National Aero- nautics and Space; and (D) the Administrator of General Services. (2) DESIGNATION OF OTHER OFFICIALS.— (A) OFFICIALS WHO MAY BE DESIGNATED.— Notwithstanding section 121(d)(1) and (2) of title 40, the officials specified in subpara- graphs (B) to (D) of paragraph (1) may des- ignate to serve on and attend meetings of the Council in place of that official— (i) the official assigned by statute with the responsibility for acquisition policy in each of their respective agencies or, in the case of the Secretary of Defense, an offi- cial at an organizational level not lower than an Assistant Secretary of Defense within the Office of the Under Secretary of Defense for Acquisition and Sustainment; or (ii) if no official of that agency is as- signed by statute with the responsibility for acquisition policy for that agency, the official designated pursuant to section 1702(c) of this title. (B) LIMITATION ON DESIGNATION.—No other official or employee may be designated to serve on the Council. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3691; Pub. L. 116–92, div. A, title IX, § 902(88), Dec. 20, 2019, 133 Stat. 1554.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1302(a) ........ 41:421(a). Pub. L. 93–400, § 25(a), (b), as added Pub. L. 100–679, § 4, Nov. 17, 1988, 102 Stat. 4056; Pub. L. 101–510, title VIII, § 807, Nov. 5, 1990, 104 Stat. 1593; Pub. L. 104–106, title XLIII, § 4322(a)(2), Feb. 10, 1996, 110 Stat. 677. 1302(b) ........ 41:421(b). In subsection (a), the words ‘‘(hereinafter in this sec- tion referred to as the ‘Council’)’’ are omitted as unnec- essary. In subsection (b)(2)(A)(i), the words ‘‘Under Secretary of Defense for Acquisition, Technology, and Logistics’’ are substituted for ‘‘Under Secretary of Defense for Ac- quisition and Technology’’ because of section 911(a)(1) of the National Defense Authorization Act for Fiscal Year 2000 (Public Law 106–65, 113 Stat. 717, 10 U.S.C. 133 note). In subsection (b)(2)(A)(ii), the cross-reference to sec- tion 16(3) of the Office of Federal Procurement Policy Act (41:414(3)) is treated as a cross-reference to section 16(c) of the Act to reflect the amendment of section 16 by section 1421(a)(1) of the National Defense Authoriza- tion Act for Fiscal Year 2004 (Public Law 108–136, 117 Stat. 1666). Editorial Notes AMENDMENTS 2019—Subsec. (b)(2)(A)(i). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology, and Logistics’’. Statutory Notes and Related Subsidiaries STATUS OF DIRECTOR OF DEFENSE PROCUREMENT Pub. L. 102–190, div. A, title VIII, § 809, Dec. 5, 1991, 105 Stat. 1423, as amended by Pub. L. 103–160, div. A, title IX, § 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717, pro- vided that: ‘‘For the purposes of the amendment made by section 807 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 104 Stat. 1593) to section 25(b)(2) of the Office of Federal Procure- ment Policy Act ([former] 41 U.S.C. 421(b)(2)) [now 41 U.S.C. 1302(b)(2)], the Director of Defense Procurement of the Department of Defense shall be considered to be an official at an organizational level of an Assistant Secretary of Defense within the Office of the Under Secretary of Defense for Acquisition, Technology, and Logistics.’’ § 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 Adminis- trator of National Aeronautics and Space, pur- suant to their respective authorities under di- vision 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 Na- tional Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.),1 shall jointly issue and maintain in accordance with subsection (d) a single Government-wide procurement regula- tion, 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 re- quired to satisfy the specific and unique needs of the agency. (3) ENSURE CONSISTENT REGULATIONS.—The Administrator, in consultation with the Coun- cil, shall ensure that procurement regulations prescribed by executive agencies are con- sistent with the Federal Acquisition Regula-