§ 421. — Federal Acquisition Regulatory Council.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 41USC421]
TITLE 41--PUBLIC CONTRACTS
CHAPTER 7--OFFICE OF FEDERAL PROCUREMENT POLICY
Sec. 421. Federal Acquisition Regulatory Council
(a) Establishment
There is established a Federal Acquisition Regulatory Council
(hereinafter in this section referred to as the ``Council'') to assist
in the direction and coordination of Government-wide procurement policy
and Government-wide procurement regulatory activities in the Federal
Government.
(b) Membership
(1) The Council shall consist of the Administrator for Federal
Procurement Policy and--
(A) the Secretary of Defense,
(B) the Administrator of National Aeronautics and Space; and
(C) the Administrator of General Services.
(2) Notwithstanding section 121(d)(1) and (2) of title 40, the
officials specified in subparagraphs (A), (B), and (C) of paragraph (1)
may designate to serve on and attend meetings of the Council in place of
that official (A) 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 official at an
organizational level not lower than an Assistant Secretary of Defense
within the Office of the Under Secretary of Defense for Acquisition,
Technology, and Logistics; or (B) if no official of such agency is
assigned by statute with the responsibility for acquisition policy for
that agency, the official designated pursuant to section 414(3) of this
title. No other official or employee may be designated to serve on the
Council.
(c) Functions
(1) Subject to the provisions of section 405 of this title, the
General Services Administration, the Department of Defense, and the
National Aeronautics and Space Administration, pursuant to their
respective authorities under title III of the Federal Property and
Administrative Services Act of 1949 (41 U.S.C. 251, et seq.), chapters 4
and 137 of title 10, and the National Aeronautics and Space Act of 1958
(42 U.S.C. 2451, et seq.), shall jointly issue and maintain in
accordance with subsection (f) of this section a single Government-wide
procurement regulation, to be known as the ``Federal Acquisition
Regulation''.
(2) Any 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) The Administrator, in consultation with the Council, shall
ensure that procurement regulations promulgated by executive agencies
are consistent with the Federal Acquisition Regulation and in accordance
with any policies issued pursuant to section 405(a) of this title.
(4)(A) Under procedures established by the Administrator, a person
may request the Administrator to review any regulation relating to
procurement on the basis that such regulation is inconsistent with the
Federal Acquisition Regulation.
(B) Unless the request is frivolous or does not, on its face, state
a valid basis for such review, the Administrator shall complete such a
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) If the Administrator determines that a regulation relating to
procurement is inconsistent with the Federal Acquisition Regulation or
that the regulation should otherwise be revised to remove an
inconsistency with any policies issued under section 405(a) of this
title, the Administrator shall rescind or deny the promulgation of the
regulation or take such other action authorized under section 405 of
this title as may be necessary to remove the inconsistency. If the
Administrator determines that such a regulation, although not
inconsistent with the Federal Acquisition Regulation or such policies,
should be revised to improve compliance with such Regulation or
policies, the Administrator shall take such action authorized under
section 405 of this title as may be necessary and appropriate.
(6) The decisions of the Administrator shall be in writing and made
publicly available. The Administrator shall provide a listing of such
decisions in the annual report to Congress required by section 407 \1\
of this title.
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\1\ See References in Text note below.
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(d) Additional responsibilities of membership
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 subsection (b) of this section shall--
(1) approve or disapprove all regulations that are, after 60
days after November 17, 1988, proposed for public comment,
promulgated in final form, or otherwise made effective by such
agency relating to procurement before such regulation may be
promulgated in final form, or otherwise made effective, except that
such official may grant an interim approval, without review, for not
more than 60 days for a procurement regulation in urgent and
compelling circumstances;
(2) carry out the responsibilities of such agency set forth in
chapter 35 of title 44 for each information collection request (as
that term is defined in section 3502(11) \1\ of title 44) that
relates to procurement rules or regulations; and
(3) eliminate or reduce (A) any redundant or unnecessary levels
of review and approval, in the procurement system of such agency,
and (B) redundant or unnecessary procurement regulations which are
unique to that agency.
The authority to review and approve or disapprove regulations under
paragraph (1) of this subsection may not be delegated to any person
outside the office of the official who represents the agency on the
Council pursuant to subsection (b) of this section.
(e) 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
405(a) of this title.
(f) General authority with respect to FAR
Subject to section 405(b) of this title, the Council shall manage,
coordinate, control, and monitor the maintenance of, and issuance of and
changes in, the Federal Acquisition Regulation.
(Pub. L. 93-400, Sec. 25, as added Pub. L. 100-679, Sec. 4, Nov. 17,
1988, 102 Stat. 4056; amended Pub. L. 101-510, div. A, title VIII,
Sec. 807, Nov. 5, 1990, 104 Stat. 1593; Pub. L. 104-106, div. D, title
XLIII, Sec. 4322(a)(2), Feb. 10, 1996, 110 Stat. 677; Pub. L. 104-201,
div. A, title VIII, Sec. 822, title X, Sec. 1074(f)(3), Sept. 23, 1996,
110 Stat. 2609, 2661; Pub. L. 105-85, div. A, title VIII, Sec. 841(d),
Nov. 18, 1997, 111 Stat. 1843; Pub. L. 106-65, div. A, title IX,
Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717.)
References in Text
The Federal Property and Administrative Services Act of 1949,
referred to in subsec. (c)(1), is act June 30, 1949, ch. 288, 63 Stat.
377, as amended. Title III of the Act is classified generally to
subchapter IV (Sec. 251 et seq.) of chapter 4 of this title. For
complete classification of this Act to the Code, see Tables.
The National Aeronautics and Space Act of 1958, referred to in
subsec. (c)(1), is Pub. L. 85-568, July 29, 1958, 72 Stat. 426, as
amended, which is classified generally to chapter 26 (Sec. 2451 et seq.)
of Title 42, The Public Health and Welfare. For complete classification
of this Act to the Code, see Short Title note set out under section 2451
of Title 42 and Tables.
Section 407 of this title, referred to in subsec. (c)(6), was
repealed by Pub. L. 104-106, div. D, title XLIII, Sec. 4305(b), Feb. 10,
1996, 110 Stat. 665.
Section 3502 of title 44, referred to in subsec. (d)(2), which in
par. (11) defined ``information collection request'', was omitted in the
general amendment of chapter 35 of Title 44, Public Printing and
Documents, by Pub. L. 104-13, Sec. 2, May 22, 1995, 109 Stat. 163. Pub.
L. 104-13 enacted a new section 3502 of Title 44 which does not define
``information collection request''.
Codification
``Section 121(d)(1) and (2) of title 40'' substituted in subsec.
(b)(2) for ``section 205(d) of the Federal Property and Administrative
Services Act of 1949'' on authority of Pub. L. 107-217, Sec. 5(c), Aug.
21, 2002, 116 Stat. 1303, the first section of which enacted Title 40,
Public Buildings, Property, and Works.
Amendments
1999--Subsec. (b)(2). Pub. L. 106-65 substituted ``Under Secretary
of Defense for Acquisition, Technology, and Logistics'' for ``Under
Secretary of Defense for Acquisition and Technology''.
1997--Subsec. (g). Pub. L. 105-85 struck out subsec. (g) which
required the Administrator for Federal Procurement to publish an annual
report relating to the development of procurement regulations.
1996--Subsec. (b)(2). Pub. L. 104-106 substituted ``Under Secretary
of Defense for Acquisition and Technology'' for ``Under Secretary of
Defense for Acquisition''.
Subsec. (c)(3). Pub. L. 104-201, Sec. 1074(f)(3)(A)(i), struck out
``the policies set forth in section 401 of this title or'' after ``in
accordance with''.
Subsec. (c)(5). Pub. L. 104-201, Sec. 1074(f)(3)(A)(ii), struck out
``or the policies set forth in section 401 of this title'' after
``section 405(a) of this title''.
Subsec. (e). Pub. L. 104-201, Sec. 1074(f)(3)(B), struck out ``the
policies of section 401 of this title and'' after ``and furtherance
of''.
Subsec. (g)(1). Pub. L. 104-201, Sec. 822(1), substituted ``every 12
months'' for ``within 6 months after November 17, 1988, and every 6
months thereafter'' and inserted ``and'' after the semicolon at end.
Subsec. (g)(2)(H). Pub. L. 104-201, Sec. 822(2), substituted a
period for ``; and'' at end.
Subsec. (g)(3). Pub. L. 104-201, Sec. 822(3), struck out par. (3)
which read as follows: ``report to Congress within 180 days after
November 17, 1988, in consultation with the Administrator of the Office
of Information and Regulatory Affairs, regarding--
``(A) the extent of the paperwork burden created by the Federal
procurement process, and
``(B) the extent to which the Federal procurement system can be
streamlined to reduce unnecessary paperwork while at the same time
maintaining recordkeeping and reporting requirements necessary to
ensure the integrity and accountability of the system.''
1990--Subsec. (b)(2). Pub. L. 101-510 inserted before semicolon at
end of cl. (A) ``or, in the case of the Secretary of Defense, an
official at an organizational level not lower than an Assistant
Secretary of Defense within the Office of the Under Secretary of Defense
for Acquisition''.
Effective Date of 1996 Amendment
For effective date and applicability of amendment by Pub. L. 104-
106, see section 4401 of Pub. L. 104-106, set out as a note under
section 251 of this title.
Status of Director of Defense Procurement
Pub. L. 102-190, div. A, title VIII, Sec. 809, Dec. 5, 1991, 105
Stat. 1423, as amended by Pub. L. 103-160, div. A, title IX,
Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729; Pub. L. 106-65, div. A,
title IX, Sec. 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided 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 Procurement
Policy Act (41 U.S.C. 421(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.''
Section Referred to in Other Sections
This section is referred to in sections 256, 259 of this title;
title 10 section 2302; title 15 section 638; title 42 section 8287;
title 50 App. section 2154.
