§1302 — Title 41 Public Contracts | U.S. Code

Summary

Creates a Federal Acquisition Regulatory Council to help guide and coordinate government-wide buying rules and regulations. The Council has four members: the Administrator, the Secretary of Defense, the Administrator of National Aeronautics and Space, and the Administrator of General Services. Despite section 121(d)(1) and (2) of title 40, the Secretary of Defense and the two agency Administrators may send a designated official to attend and serve in their place. That designee must be the agency’s statutorily assigned acquisition-policy official, or for Defense an official at or above Assistant Secretary in the Office of the Under Secretary of Defense for Acquisition and Sustainment, or if no such official exists by law, the person chosen under section 1702(c). No one else may be designated.

Title 41, §1302

Public Contracts — Source: USLM XML via OLRC

(a)There is a Federal Acquisition Regulatory Council to assist in the direction and coordination of Government-wide procurement policy and Government-wide procurement regulatory activities in the Federal Government.

(b)(1)The Council consists of—

(A)the Administrator;

(B)the Secretary of Defense;

(C)the Administrator of National Aeronautics and Space; and

(D)the Administrator of General Services.

(2)(A)Notwithstanding section 121(d)(1) and (2) of title 40, the officials specified in subparagraphs (B) to (D) of paragraph (1) may designate 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 official 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 assigned by statute with the responsibility for acquisition policy for that agency, the official designated pursuant to section 1702(c) of this title.

(B)No other official or employee may be designated to serve on the Council.

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (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 section referred to as the ‘Council’)” are omitted as unnecessary. 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 Acquisition 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 section 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 Authorization 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 Acquisition, 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, 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 ([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.”

§1302 Establishment and Membership