SUBCHAPTER I—FEDERAL ACQUISITION REGULATORY 
COUNCIL 
§ 1301. Definition 
In this subchapter, the term ‘‘Council’’ means the Federal Acquisition 
Regulatory Council established under section 1302(a) of this title. 
§ 1302. Establishment and membership 
(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 Fed-
eral 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 sub-
paragraphs (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 orga-
nizational level not lower than an Assistant Secretary of De-
fense within the Office of the Under Secretary of Defense for 
Acquisition, Technology, and Logistics; 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) LIMITATION ON DESIGNATION.—No other official or em-
ployee may be designated to serve on the Council. 
§ 1303. Functions and authority 
(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 Sec-
retary of Defense, and the Administrator of National Aeronautics and 
Space, pursuant to their respective authorities under division C of this 
subtitle, chapters 4 and 137 of title 10, and the National Aeronautics 
and Space Act of 1958 (42 U.S.C. 2451 et seq.), shall jointly issue and
maintain in accordance with subsection (d) a single Government-wide 
procurement regulation, to be known as the Federal Acquisition Regu-
lation. 
(2) LIMITATION ON OTHER REGULATIONS.—Other regulations relat-
ing 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 regula-
tions 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. 
(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 Admin-
istrator shall complete the review not later than 60 days after re-
ceiving 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 IM-
PROVED.—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 inconsist-
ency with the policies prescribed under section 1121(b) of this title, 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 Reg-
ulation or those policies, should be revised to improve compliance with 
the Regulation or policies, the Administrator shall take action author-
ized under sections 1121, 1122(a) to (c)(1), 1125, 1126, 1130, 1131, 
and 2305 as may be necessary and appropriate.