41 U.S.C. § 1303 — Functions and authority

(a) Functions.— (1) Issue and maintain the Federal Acquisition Regulation.— Subject to sections 1121, 1122(a)–(c)(1), 1125, 1126, 1130, 1131, and 2305, the Administrator of General Services, the Secretary of Defense, and the Administrator of National Aeronautics and Space must jointly issue and maintain, under subsection (d), one Government-wide procurement regulation called the Federal Acquisition Regulation. Each official acts under the official’s authority under division C of this subtitle, chapter 4 of title 10, the “chapter 137 legacy provisions” (a term defined in section 3016 of title 10), and the National Aeronautics and Space Act of 1958 (42 U.S.C. 2451 et seq.). (2) Limits on other regulations.—An executive agency’s other procurement regulations may be limited to (A) regulations needed to carry out Government-wide policies and procedures within the agency, and (B) additional policies and procedures needed for that agency’s specific and unique needs. (3) Consistent regulations.—After consulting the Council^*, the Administrator must ensure that executive-agency procurement regulations are consistent with the Federal Acquisition Regulation and with policies prescribed under section 1121(b). (4) Requests for review.— (A) Under procedures set by the Administrator, a person may ask the Administrator to review a procurement regulation because it is inconsistent with the Federal Acquisition Regulation. (B) Unless the request is frivolous or does not show a valid basis on its face, the Administrator must finish the review within 60 days after receiving it. The Administrator may extend that time if more review is needed, but must tell the requester why and when the review will be finished. (5) Inconsistent or improvable regulations.—If the Administrator decides a procurement regulation conflicts with the Federal Acquisition Regulation, or should be revised to remove a conflict with section 1121(b) policies, the Administrator must rescind or reject its issuance, or take another authorized action under the listed sections, as needed to remove the conflict. If the regulation is consistent but should be revised to improve compliance, the Administrator must take authorized action that is necessary and appropriate. (6) Written public decisions.—The Administrator’s decisions must be in writing and publicly available.
(b) Additional responsibilities of membership.— (1) Subject to the agency head’s authority, direction, and control, each official representing an agency on the Council under section 1302(b) must (A) approve or disapprove every procurement regulation the agency proposes for public comment, issues in final form, or otherwise makes effective before it can be issued finally or made effective. The official may give an interim approval without review for no more than 60 days when urgent and compelling circumstances require it; (B) perform the agency’s responsibilities under chapter 35 of title 44 for each information-collection request concerning procurement rules or regulations; and (C) eliminate or reduce (i) redundant or unnecessary review and approval levels in the agency’s procurement system and (ii) redundant or unnecessary procurement regulations unique to the agency. (2) The authority to review and approve or reject regulations under paragraph (1)(A) may not be delegated outside the office of the agency’s Council representative.
(c) Governing policies.—All Council actions and member actions must follow and advance the policies prescribed under section 1121(b).
(d) Authority over the Federal Acquisition Regulation.—Subject to section 1121(d), the Council must manage, coordinate, control, and monitor maintaining, issuing, and changing the Federal Acquisition Regulation.