---
kind: "section"
citation: "41 U.S.C. § 1303"
title: "41"
title_heading: "Public Contracts"
number: "1303"
heading: "Functions and authority"
release: "119-102"
url: "https://uscodex.org/usc/41/1303"
units:
  - "Subtitle I — Federal Procurement Policy"
  - "Division B — Office of Federal Procurement Policy"
  - "Chapter 13 — Acquisition Councils"
  - "Subchapter I — Federal Acquisition Regulatory Council"
---

# §1303. Functions and authority

- (a) **Functions.—**
  - (1) **Issue and maintain federal acquisition regulation.—** Subject to sections [1121](/usc/41/1121.md), [1122(a) to (c)(1)](/usc/41/1122.md?p=a..c-1), [1125](/usc/41/1125.md), [1126](/usc/41/1126.md), [1130](/usc/41/1130.md), [1131](/usc/41/1131.md), and [2305](/usc/41/2305.md) of this title, the [Administrator](/usc/41/101.md) of General Services, the Secretary of Defense, and the [Administrator](/usc/41/101.md) of National Aeronautics and Space, pursuant to their respective authorities under division C of this subtitle, [chapter 4](/usc/10/chstA-ptI-ch4.md) of title 10, chapter 137 legacy provisions (as such term is defined in [section 3016 of title 10](/usc/10/3016.md)), and the National Aeronautics and Space Act of 1958 ([42 U.S.C. 2451](https://uscode.house.gov/view.xhtml?req=(/us/usc/t42/s2451)) et seq.),[^1] shall jointly issue and maintain in accordance with [subsection (d)](#d) a single Government-wide [procurement](/usc/41/111.md) regulation, to be known as the [Federal Acquisition Regulation](/usc/41/106.md).
  - (2) **Limitation on other regulations.—** Other regulations relating to [procurement](/usc/41/111.md) issued by an [executive agency](/usc/41/3302.md?p=a-1) 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](/usc/41/101.md), in consultation with the [Council](/usc/41/1301.md), shall ensure that [procurement](/usc/41/111.md) regulations prescribed by [executive agencies](/usc/41/3302.md?p=a-1) are consistent with the [Federal Acquisition Regulation](/usc/41/106.md) and in accordance with the policies prescribed pursuant to [section 1121(b) of this title](/usc/41/1121.md?p=b).
  - (4) **Request to review regulation.—**
    - (A) **Basis for request.—** Under procedures the [Administrator](/usc/41/101.md) establishes, a person may request the [Administrator](/usc/41/101.md) to review a regulation relating to [procurement](/usc/41/111.md) on the basis that the regulation is inconsistent with the [Federal Acquisition Regulation](/usc/41/106.md).
    - (B) **Period of review.—** Unless the request is frivolous or does not, on its face, state a valid basis for the review, the [Administrator](/usc/41/101.md) 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](/usc/41/101.md) determines that an additional period of review is required. The [Administrator](/usc/41/101.md) 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](/usc/41/101.md) determines that a regulation relating to [procurement](/usc/41/111.md) is inconsistent with the [Federal Acquisition Regulation](/usc/41/106.md) or that the regulation otherwise should be revised to remove an inconsistency with the policies prescribed under [section 1121(b) of this title](/usc/41/1121.md?p=b), the [Administrator](/usc/41/101.md) shall rescind or deny the promulgation of the regulation or take other action authorized under sections [1121](/usc/41/1121.md), [1122(a) to (c)(1)](/usc/41/1122.md?p=a..c-1), [1125](/usc/41/1125.md), [1126](/usc/41/1126.md), [1130](/usc/41/1130.md), [1131](/usc/41/1131.md), and [2305](/usc/41/2305.md) of this title as may be necessary to remove the inconsistency. If the [Administrator](/usc/41/101.md) determines that the regulation, although not inconsistent with the [Federal Acquisition Regulation](/usc/41/106.md) or those policies, should be revised to improve compliance with the Regulation or policies, the [Administrator](/usc/41/101.md) shall take action authorized under sections [1121](/usc/41/1121.md), [1122(a) to (c)(1)](/usc/41/1122.md?p=a..c-1), [1125](/usc/41/1125.md), [1126](/usc/41/1126.md), [1130](/usc/41/1130.md), [1131](/usc/41/1131.md), and [2305](/usc/41/2305.md) as may be necessary and appropriate.
  - (6) **Decisions to be in writing and publicly available.—** The decisions of the [Administrator](/usc/41/101.md) 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](/usc/41/1301.md) pursuant to [section 1302(b) of this title](/usc/41/1302.md?p=b) shall—
    - (A) approve or disapprove all regulations relating to [procurement](/usc/41/111.md) 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](/usc/41/111.md) regulation in urgent and compelling circumstances;
    - (B) carry out the responsibilities of that agency set forth in [chapter 35](/usc/44/ch35.md) of title 44 for each information collection request that relates to [procurement](/usc/41/111.md) rules or regulations; and
    - (C) eliminate or reduce—
      - (i) any redundant or unnecessary levels of review and approval in the [procurement system](/usc/41/112.md) of that agency; and
      - (ii) redundant or unnecessary [procurement](/usc/41/111.md) regulations which are unique to that agency.
  - (2) **Limitation on delegation.—** The authority to review and approve or disapprove regulations under [paragraph (1)(A)](#b-1-A) may not be delegated to an individual outside the office of the official who represents the agency on the [Council](/usc/41/1301.md) pursuant to [section 1302(b) of this title](/usc/41/1302.md?p=b).
- (c) **Governing Policies.—** All actions of the [Council](/usc/41/1301.md) and of members of the [Council](/usc/41/1301.md) shall be in accordance with and furtherance of the policies prescribed under [section 1121(b) of this title](/usc/41/1121.md?p=b).
- (d) **General Authority With Respect to Federal Acquisition Regulation.—** Subject to [section 1121(d) of this title](/usc/41/1121.md?p=d), the [Council](/usc/41/1301.md) shall manage, coordinate, control, and monitor the maintenance of, issuance of, and changes in, the [Federal Acquisition Regulation](/usc/41/106.md).

## Footnotes

[^1]: See References in Text note below.

## Source credit

(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

## Notes

| Historical and Revision Notes |  |  |
| --- | --- | --- |
| Revised<br>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). |  |

In 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 (Public Law 104–106, 110 Stat. 665).

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

In subsection (b)(1)(B), the words “(as that term is defined in section 3502(11) of title 44)” are omitted because chapter 35 of title 44 was amended generally by the Paperwork Reduction Act of 1995 (Public Law 104–13, 109 Stat. 163) 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

The National Aeronautics and Space Act of 1958, referred to in subsec. (a)(1), is Pub. L. 85–568, July 29, 1958, 72 Stat. 426, 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 Pub. L. 111–314, §§ 3, 6, Dec. 18, 2010, 124 Stat. 3328, 3444. For complete classification of this Act to the Code, see Short Title of 1958 Act note set out under section 10101 of Title 51 and Tables.

### Amendments

2021—Subsec. (a)(1). Pub. L. 117–81 substituted “chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in section 3016 of title 10)” for “chapters 4 and 137 of title 10”.