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

Federal law — U.S. Code and appendices · legal_authorities

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

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Stable record: federal_law:legal_authorities:record_usc_701ca80cf7a9c056e5bf1da1
Source file: Laws/federal/codes/united-states-code/title-41/section-1303-functions-and-authority--20e85bc2b6.md
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Source location: Title 41, Chapter 13, § 1303; chapter-013-chapter-13.md

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**(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 Administrator of National Aeronautics and Space, pursuant to their respective authorities under division C of this subtitle, chapter 4 of title 10, chapter 137 legacy provisions (as such term is defined in [section 3016 of title 10](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3016&num=0&edition=prelim)), and the National Aeronautics and Space Act of 1958 ([42 U.S.C. 2451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section2451&num=0&edition=prelim) et seq.),11 See References in Text note below. shall jointly issue and maintain in accordance with subsection (d) a single Government-wide procurement regulation, 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 required to satisfy the specific and unique needs of the agency. (3) **Ensure consistent regulations.—** — The Administrator, in consultation with the Council, shall ensure that procurement regulations prescribed by executive agencies are consistent with the Federal Acquisition Regulation and in accordance with the policies prescribed pursuant to [section 1121(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121/b&num=0&edition=prelim). (4) **Request to review regulation.—** (A) *Basis for request.—* — Under procedures the Administrator establishes, a person may request the Administrator to review a regulation relating to procurement on the basis that the regulation is inconsistent with the Federal Acquisition Regulation. (B) *Period of review.—* — Unless the request is frivolous or does not, on its face, state a valid basis for the review, the Administrator 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 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) **When regulation is inconsistent or needs to be improved.—** — If the Administrator determines that a regulation relating to procurement is inconsistent with the Federal Acquisition Regulation or that the regulation otherwise should be revised to remove an inconsistency with the policies prescribed under [section 1121(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121/b&num=0&edition=prelim), the Administrator shall rescind or deny the promulgation of the regulation or take other action authorized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 of this title as may be necessary to remove the inconsistency. If the Administrator determines that the regulation, although not inconsistent with the Federal Acquisition Regulation or those policies, should be revised to improve compliance with the Regulation or policies, the Administrator shall take action authorized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, and 2305 as may be necessary and appropriate. (6) **Decisions to be in writing and publicly available.—** — The decisions of the Administrator 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 pursuant to [section 1302(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302/b&num=0&edition=prelim) shall— (A) approve or disapprove all regulations relating to procurement 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 regulation in urgent and compelling circumstances; (B) carry out the responsibilities of that agency set forth in chapter 35 of title 44 for each information collection request that relates to procurement rules or regulations; and (C) eliminate or reduce— (i) any redundant or unnecessary levels of review and approval in the procurement system of that agency; and (ii) redundant or unnecessary procurement regulations which are unique to that agency. (2) **Limitation on delegation.—** — The authority to review and approve or disapprove regulations under paragraph (1)(A) may not be delegated to an individual outside the office of the official who represents the agency on the Council pursuant to [section 1302(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302/b&num=0&edition=prelim). **(c) 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 1121(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121/b&num=0&edition=prelim). **(d) General Authority With Respect to Federal Acquisition Regulation.—** Subject to [section 1121(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121/d&num=0&edition=prelim), the Council shall manage, coordinate, control, and monitor the maintenance of, issuance of, and changes in, the Federal Acquisition Regulation.

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Federal law — U.S. Code and appendices · legal_authorities

51 U.S.C. § 10101 — Definitions

In this title: (1) **Administration.—** — The term “Administration” means the National Aeronautics and Space Administration. (2) **Administrator.—** — The term “Administrator” means the Administrator of the National Aeronautics and Space Administration.

Source: Supplied U.S. Code snapshot — release unconfirmed · 51 U.S.C. § 10101

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Federal law — U.S. Code and appendices · legal_authorities

10 U.S.C. § 3016 — Chapter 137 legacy provisions

In this part, the term “chapter 137 legacy provisions” means the following sections of this title: sections 3002, 3004, 3011–3015, 3041, 3063–3069, 3134, 3151–3157, 3201–3208, 3221–3227, 3241, 3243, 3249, 3252, 3301–3309, 3321–3323, 3344, 3345, 3371–3375, 3377, 3401, 3403, 3405, 3406, 3501–3511, 3531–3535, 3571, 3572, 3573, 3701–3708, 3741–3750, 3761, 3771–3775, 3781–3786, 3791, 3794, 3801–3807, 3841, 3842, 3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 4507, 4576, 4657, 4660, 4751, 4752, and 8751.

Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 3016

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1792 — Promoting Federal food donation

**(a) In general** Not later than 180 days after June 20, 2008, the Federal Acquisition Regulation issued in accordance with [section 1303 of title 41](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1303&num=0&edition=prelim) shall be revised to provide that all contracts above $25,000 for the provision, service, or sale of food in the United States, or for the lease or rental of Federal property to a private entity for events at which food is provided in the United States, shall include a clause that— (1) encourages the donation of excess, apparently wholesome food to nonprofit organizations that provide assistance to food-insecure people in the United States; and (2) states the terms and conditions described in subsection (b). **(b) Terms and conditions** (1) **Costs** — In any case in which a contractor enters into a contract with an executive agency under which apparently wholesome food is donated to food-insecure people in the United States, the head of the executive agency shall not assume responsibility for the costs and logistics of collecting, transporting, maintaining the safety of, or distributing excess, apparently wholesome food to food-insecure people in the United States under this section. (2) **Liability** — An executive agency (including an executive agency that enters into a contract with a contractor) and any contractor making donations pursuant to this section shall be exempt from civil and criminal liability to the extent provided under [section 1791 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1791&num=0&edition=prelim).

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 1792

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 8287 — Authority to enter into contracts

**(a) In general** (1) The head of a Federal agency may enter into contracts under this subchapter solely for the purpose of achieving energy savings and benefits ancillary to that purpose. Each such contract may, notwithstanding any other provision of law, be for a period not to exceed 25 years. Such contract shall provide that the contractor shall incur costs of implementing energy savings measures, including at least the costs (if any) incurred in making energy audits, acquiring and installing equipment, and training personnel, in exchange for a share of any energy savings directly resulting from implementation of such measures during the term of the contract. (2) (A) Contracts under this subchapter shall be energy savings performance contracts and shall require an annual energy audit and specify the terms and conditions of any Government payments and performance guarantees. Any such performance guarantee shall provide that the contractor is responsible for maintenance and repair services for any energy related equipment, including computer software systems. (B) Aggregate annual payments by an agency to both utilities and energy savings performance contractors, under an energy savings performance contract, may not exceed the amount that the agency would have paid for utilities without an energy savings performance contract (as estimated through the procedures developed pursuant to this section) during contract years. The contract shall provide for a guarantee of savings to the agency, and shall establish payment schedules reflecting such guarantee, taking into account any capital costs under the contract. (C) Federal agencies may incur obligations pursuant to such contracts to finance energy conservation measures provided guaranteed savings exceed the debt

Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 8287

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Federal law — U.S. Code and appendices · legal_authorities

50 U.S.C. § 1701 — Unusual and extraordinary threat; declaration of national emergency; exercise of Presidential authorities

**(a)** Any authority granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may be exercised to deal with any unusual and extraordinary threat, which has its source in whole or substantial part outside the United States, to the national security, foreign policy, or economy of the United States, if the President declares a national emergency with respect to such threat. **(b)** The authorities granted to the President by [section 1702 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section1702&num=0&edition=prelim) may only be exercised to deal with an unusual and extraordinary threat with respect to which a national emergency has been declared for purposes of this chapter and may not be exercised for any other purpose. Any exercise of such authorities to deal with any new threat shall be based on a new declaration of national emergency which must be with respect to such threat.

Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 1701

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Federal law — U.S. Code and appendices · legal_authorities

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

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

Source: Supplied 2024 U.S. Code historical extraction · 41 U.S.C. § 1303

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 2451 — Untitled legal text

Page 5603 TITLE 42—THE PUBLIC HEALTH AND WELFARE §§ 2456 to 2459 1988—Subsec. (e). Pub. L. 100–242 substituted ‘‘title 31, United States Code,’’ for ‘‘title 31, United States Code’’, which for purposes of codification was translated as ‘‘title 31’’, thus requiring no change in text. 1984—Subsec. (e). Pub. L. 98–479 substituted ‘‘chapter 31 of title 31’’ for ‘‘the Second Liberty Bond Act, as amended’’, and ‘‘such chapter’’ for ‘‘such Act, as amended,’’. 1983—Subsec. (e). Pub. L. 98–181 substituted ‘‘Director of the Federal Emergency Management Agency’’ for ‘‘Secretary of Housing and Urban Development’’ in two places. 1968—Subsecs. (a) to (d). Pub. L. 90–448, § 1303(c), re- pealed subsecs. (a) to (d), which created three funds, provided for deposits therein, investment of moneys in the funds, and deposit of salvage proceeds. Subsec. (e). Pub. L. 90–448, § 1303(a), (b), substituted ‘‘current average market yield on outstanding market- able obligations of the United States of comparable maturities during the month’’ for ‘‘current average rate on outstanding marketable obligations of the United States of comparable maturities as of the last day of the month’’, and struck out provisions which permitted Secretary of the Treasury to purchase any notes and other obligations to be issued under this sub- section. Subsecs. (f), (g). Pub. L. 90–448, § 1303(c), repealed sub- secs. (f) and (g) which provided for use of moneys in the Funds and for payment of administrative expenses. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–448 effective 120 days fol- lowing Aug. 1, 1968, or such later date prescribed by the Secretary but in no event more than 180 days following Aug. 1, 1968, see section 1377 of Pub. L.

Source: Supplied 2024 U.S. Code historical extraction · 42 U.S.C. § 2451

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