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41 U.S.C. § 1302 — Establishment and membership
Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment.—** 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) Membership.—**
(1) **Makeup of council.—** — 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) **Designation of other officials.—**
(A) *Officials who may be designated.—* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim).
(B) *Limitation on designation.—* — No other official or employee may be designated to serve on the Council.
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1302
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Source file: Laws/federal/codes/united-states-code/title-41/section-1302-establishment-and-membership--c105353b96.md
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Source location: Title 41, Chapter 13, § 1302; chapter-013-chapter-13.md
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**(a) Establishment.—** 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) Membership.—**
(1) **Makeup of council.—** — 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) **Designation of other officials.—**
(A) *Officials who may be designated.—* — 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1702/c&num=0&edition=prelim).
(B) *Limitation on designation.—* — No other official or employee may be designated to serve on the Council.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 99–348, title V, § 501(a), July 1, 1986, 100 Stat. 707, § 134a; renumbered § 133 and amended Pub. L. 99–433, title I, §§ 101(a)(7), 110(c)(1), (d)(8), Oct. 1, 1986, 100 Stat. 995, 1002, 1003; Pub. L. 99–500, § 101(c) [title X, § 901], Oct. 18, 1986, 100 Stat. 1783–82, 1783–130, and Pub. L. 99–591, § 101(c) [title X, § 901], Oct. 30, 1986, 100 Stat. 3341–82, 3341–130; Pub. L. 99–661, div. A, title IX, formerly title IV, § 901, Nov. 14, 1986, 100 Stat. 3910, renumbered title IX, Pub. L. 100–26, § 3(5), Apr. 21, 1987, 101 Stat. 273; Pub. L. 100–456, div. A, title VIII, § 809(d), Sept. 29, 1988, 102 Stat. 2013; Pub. L. 103–160, div. A, title IX, § 904(b), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 106–65, div. A, title IX, § 911(a)(2), (d)(2), Oct. 5, 1999, 113 Stat. 717, 719; Pub. L. 107–107, div. A, title VIII, § 801(a), Dec. 28, 2001, 115 Stat. 1174; Pub. L. 109–364, div. A, title X, § 1071(a)(2), Oct. 17, 2006, 120 Stat. 2398; Pub. L. 110–181, div. A, title IX, § 907, Jan. 28, 2008, 122 Stat. 277; Pub. L. 111–350, § 5(b)(1), Jan. 4, 2011, 124 Stat. 3842; Pub. L. 113–291, div. A, title IX, § 901(j)(2)(A), Dec. 19, 2014, 128 Stat. 3467; Pub. L. 114–92, div. A, title VIII, § 825(b), Nov. 25, 2015, 129 Stat. 908; Pub. L. 115–91, div. A, title X, § 1081(b)(1)(A), Dec. 12, 2017, 131 Stat. 1597, related to Under Secretary of Defense for Acquisition, Technology, and Logistics.
A prior section 133 was renumbered [section 113 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section113&num=0&edition=prelim).
#### Change of Name
Pub. L. 106–65, div. A, title IX, § 911(a)(1), Oct. 5, 1999, 113 Stat. 717, provided that the position of Under Secretary of Defense for Acquisition and Technology in the Departmen
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 133
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Presidential waiver of discriminatory purchasing requirements** Subject to subsection (f) of this section, the President may waive, in whole or in part, with respect to eligible products of any foreign country or instrumentality designated under subsection (b), and suppliers of such products, the application of any law, regulation, procedure, or practice regarding Government procurement that would, if applied to such products and suppliers, result in treatment less favorable than that accorded—
(1) to United States products and suppliers of such products; or
(2) to eligible products of another foreign country or instrumentality which is a party to the Agreement and suppliers of such products.
**(b) Designation of eligible countries and instrumentalities** The President may designate a foreign country or instrumentality for purposes of subsection (a) only if he determines that such country or instrumentality—
(1) is a country or instrumentality which (A) has become a party to the Agreement or the USMCA (as defined in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim)), and (B) will provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products;
(2) is a country or instrumentality, other than a major industrial country, which (A) will otherwise assume the obligations of the Agreement, and (B) will provide such opportunities to such products and suppliers;
(3) is a country or instrumentality, other than a major industrial country, which will provide such opportunities to such products and suppliers; or
(4) is a least developed country.
**(c) Modification or withdrawal of waivers and designations** The Presi
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2515
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section 3311, Pub. L. 103–182, title I, § 101, Dec. 8, 1993, 107 Stat. 2061, related to approval and entry into force of the North American Free Trade Agreement.
Section 3312, Pub. L. 103–182, title I, § 102, Dec. 8, 1993, 107 Stat. 2062; Pub. L. 117–286, § 4(a)(141), Dec. 27, 2022, 136 Stat. 4321, described the relationship of the Agreement to United States and State law.
Section 3313, Pub. L. 103–182, title I, § 103, Dec. 8, 1993, 107 Stat. 2063, related to consultation and layover requirements for, and effective date of, proclaimed actions.
Section 3314, Pub. L. 103–182, title I, § 104, Dec. 8, 1993, 107 Stat. 2064, related to implementing actions in anticipation of entry into force and initial regulations.
Section 3315, Pub. L. 103–182, title I, § 105, Dec. 8, 1993, 107 Stat. 2064; Pub. L. 110–161, div. B, title I, § 107, Dec. 26, 2007, 121 Stat. 1893, related to establishment of United States Section of NAFTA Secretariat.
Section 3316, Pub. L. 103–182, title I, § 106, Dec. 8, 1993, 107 Stat. 2065, related to appointments to chapter 20 panel proceedings, with emphasis on individuals having expertise in environmental issues.
Section 3317, Pub. L. 103–182, title I, § 108, Dec. 8, 1993, 107 Stat. 2066, related to congressional intent regarding future accessions with respect to countries other than Canada and Mexico.
#### Effective Date of Repeal
Repeal effective on the date on which the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former [section 3301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3301&num=0&edition=prelim).
#### Effective Date; Termination of NAFTA Status
Pub. L. 103–182, title I, § 109, Dec. 8, 1993, 107 Stat. 2067, which p
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 3331 to 3335
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definition.—** In this section, the term “Council” has the meaning given that term in [section 1301 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1301&num=0&edition=prelim).
**(b) Application.—**
(1) **In general.—** — Except as provided in paragraph (2), the requirement for adjustment under subsection (c) applies to a dollar threshold that is specified in law as a factor in defining the scope of the applicability of a policy, procedure, requirement, or restriction provided in that law to the procurement of property or services by an executive agency, as the Council determines.
(2) **Exceptions.—** — Subsection (c) does not apply to dollar thresholds—
(A) in chapters 67 and 83 of this title;
(B) in sections 3141 to 3144, 3146, and 3147 of title 40;
(C) the United States Trade Representative establishes pursuant to title III of the Trade Agreements Act of 1979 ([19 U.S.C. 2511](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2511&num=0&edition=prelim) et seq.); or
(D) in sections 3131 through 3134 of title 40, except any modification of any such dollar threshold made by regulation in effect on the date of the enactment of this subparagraph shall remain in effect.
(3) **Relationship to other inflation adjustment authorities.—** — This section supersedes the applicability of other provisions of law that provide for the adjustment of a dollar threshold that is adjustable under this section.
**(c) Requirement for Periodic Adjustment.—**
(1) **Baseline constant dollar value.—** — For purposes of paragraph (2), the baseline constant dollar value for a dollar threshold—
(A) in effect on October 1, 2000, that was first specified in a law that took effect on or before October 1, 20
Source: Supplied U.S. Code snapshot — release unconfirmed · 41 U.S.C. § 1908
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) Not later than 2 years after October 24, 1992, the Secretary, after consulting with appropriate Federal agencies, CABO, ASHRAE, the National Association of Home Builders, the Illuminating Engineering Society, the American Institute of Architects, the National Conference of the States on Building Codes and Standards, and other appropriate persons, shall establish, by rule, Federal building energy standards that require in new Federal buildings those energy efficiency measures that are technologically feasible and economically justified. Such standards shall become effective no later than 1 year after such rule is issued.
(2) The standards established under paragraph (1) shall—
(A) contain energy saving and renewable energy specifications that meet or exceed the energy saving and renewable energy specifications of the 2004 International Energy Conservation Code (in the case of residential buildings) or ASHRAE Standard 90.1–2004 (in the case of commercial buildings);
(B) to the extent practicable, use the same format as the appropriate voluntary building energy code; and
(C) consider, in consultation with the Environmental Protection Agency and other Federal agencies, and where appropriate contain, measures with regard to radon and other indoor air pollutants.
(3)
(A) Not later than 1 year after August 8, 2005, the Secretary shall establish, by rule, revised Federal building energy efficiency performance standards that require that—
(i) if life-cycle cost-effective for new Federal buildings—
(I) the buildings be designed to achieve energy consumption levels that are at least 30 percent below the levels established in the version of the ASHRAE Standard or the International Energy Conservation Code, as appropriate, that is in
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 6834
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to [section 4559 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title50-section4559&num=0&edition=prelim) and subsection (b), the President may prescribe such regulations and issue such orders as the President may determine to be appropriate to carry out this chapter.
**(b) Procurement regulations** Any procurement regulation, procedure, or form issued pursuant to subsection (a) shall be issued pursuant to section 25 of the Office of Federal Procurement Policy Act [now [41 U.S.C. 1302](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1302&num=0&edition=prelim), 1303], and shall conform to any governmentwide procurement policy or regulation issued pursuant to section 6 or 25 of that Act [see [41 U.S.C. 1121](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title41-section1121&num=0&edition=prelim) et seq., 1302, 1303].
Source: Supplied U.S. Code snapshot — release unconfirmed · 50 U.S.C. § 4556
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Federal law — U.S. Code and appendices · legal_authorities
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. § 1302
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.