An Act to establish an Office of Federal Procurement Policy within the Office of Management and Budget, and for other purposes.
PL 93-400 (S.2510), enacted 08/30/1974

796 
PUBLIC LAW 93-400-AUG. 30, 1974 
[88 STAT. 
Public Law 93-400 
August 3 0, 1974 
AN ACT 
^^•^^^O'i 
To establish an Office of Federal Procurement Policy within the Office of 
Management and Budget, and for other purposes. 
Be it enacted by the Senate and House of Representatives 
of the 
^i.^c.xic..i. U'^^^^d States of America in Congress assembled^ That this Act may 
PTUCV "AC'Ir " 
be cited as the "OiRce of Federal Procurement Policy Act". 
41 use 401 
Office of Fed 
eral Procurement 
note. 
DECLARATION OF POLICY 
41 use 401. 
SEC. 2. It is declared to be the policy of Congress to promote econ-
omy, efficiency, and effectiveness in the procurement of property and 
services by and for the executive branch of the Federal Government 
(1) establishing policies, procedures, and practices which will 
require the Government to acquire property and services of the 
requisite quality and within the time needed at the lowest reason-
able cost, utilizing competitive procurement methods to the maxi-
mum extent practicable; 
(2) improving the quality, efficiency, economy, and perform-
ance of Government procurement organizations and personnel; 
(3) avoiding or eliminating unnecessary overlapping or dupli-
cation of procurement and related activities; 
(4) avoiding or eliminating unnecessary or redundant require-
ments placed on contractor and Federal procurement officials; 
(5) identifying gaps, omissions, or inconsistencies in procure-
ment laws, regulations, and directives and in other laws, regula-
tions, and directives, relating to or affecting procurement; 
(6) achieving greater uniformity and simplicity, whenever 
appropriate, in procurement procedures; 
(7) coordinating procurement policies and programs of the 
several departments and agencies; 
(8) minimizing possible disruptive effects of Government pro-
curement on particular industries, areas, or occupations; 
(9) improving understanding of Government procurement 
laws and policies within the Government and by organizations 
and individuals doing business with the Government; 
(10) promoting fair dealing and equitable relationships among 
the parties in Government contracting; and 
(11) otherwise promoting economy, efficiency, and effectiveness 
in Government procurement organizations and operations. 
FINDINGS AND PURPOSE 
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SEQ^ 3^ (a) The Congress finds that economy, efficiency, and effective-
ness in the procurement of property and services by the executive agen-
cies will be improved by establishing an office to exercise responsibility 
for procurement policies, regulations, procedures, and forms. 
(b) The purpose of this Act is to establish an Office of Federal 
Procurement Policy in the Office of Management and Budget to pro-
vide overall direction of procurement policies, regulations, procedures, 
and forms for executive agencies in accordance with applicable laws. 
88 STAT. ] 
PUBLIC LAW 93-400-AUG. 30, 1974 
797 
41 use 403. 
DEFINITION 
SEC. 4. As used in this Act, the term "executive agency" means an 
executive department, a military department, and an independent 
establishment within the meaning of sections 101, 102, and 104(1), 
respectively, of title 5, United States Code, and also a wholly owned 
Government corporation within the meaning of section 101 of the 
Government Corporation Control Act (31 U.S.C. 846). 
OFFICE 
OF 
FEDERAL PKOCUEEMENT POLICY 
SEC. 5. (a) There is established in the Office of Management and 
4i'usctoT"'" 
Budget an office to be known as the Office of Federal Procurement Pol-
icy (hereinafter referred to as the "Office"). 
(b) There shall be at the head of the Office an Administrator for 
Federal Procurement Policy (hereinafter referred to as the "Admin-
istrator"), who shall be appointed by the President, by and with the 
advice and consent of the Senate. 
AUTHORITY AND FUNCTIONS 
SEC. 6. (a) The Administrator shall provide overall direction of 
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procurement policy. To the extent he considers appropriate and with 
due regard to the program activities of the executive agencies, he shall 
prescribe policies, regulations, procedures, and forms, which shall be 
m accordance with applicable laws and shall be followed by executive 
agencies (1) in the procurement of— 
(A) property other than real property in being; 
(B) services, including research and development; and 
(C) construction, alteration, repair, or maintenance of real 
property; 
and (2) in providing for procurement by recipients of Federal grants 
or assistance of items specified in clauses (A), (B), and (C) of this 
subsection, to the extent required for performance of Federal grant 
or assistance programs. 
(b) Nothing in subsection (a) (2) shall be construed— 
(1) to permit the Administrator to authorize procurement or 
supply support, either directly or indirectly, to recipients of Fed-
eral grants or assistance; or 
(2) to authorize any action by recipients contrary to State and 
local laws, in the case of programs to provide Federal grants or 
assistance to States and political subdivisions. 
(c) The authority of the Administrator under this Act shall apply 
only to procurement payable from appropriated funds: 
Provided, 
That the Administrator undertake a study of procurement payable 
from nonappropriated funds. The results of the study, together with 
Report to presi-
recommendations for administrative or statutory changes, shall be senL°/and 
reported to the President of the Senate and the Speaker of the House speaker o
f the 
of Representatives at the earliest practicable date, but in no event House. 
later than two years after the date of enactment of this Act. 
(d) The functions of the Administrator shall include— 
(1) establishing a system of coordinated, and to the extent 
feasible, uniform procurement regulations for the executive 
agencies; 
(2) establishing criteria and procedures for an effective and 
timely method of soliciting the viewpoints of interested parties 
in the development of procurement policies, regulations, proce-
dures, and forms; 
Procurement 
study. 
798 
PUBLIC LAW 93-400-AUG. 30, 1974 
[88 STAT. 
Consultation 
with executive 
agencies and 
SBA. 
Restriction. 
(3) monitoring and revising policies, regulations, procedures, 
and forms relating to reliance by the Federal Government on the 
private sector to provide needed property and services; 
(4) promoting and conducting research in procurement poli-
cies, regulations, procedures, and forms; 
(5) establishing a system for collecting, developing, and dis-
seminating procurement data which takes into account the needs 
of the Congress, the executive branch, and the private sector; 
(6) recommending and promoting programs of the Civil Serv-
ice Commission and executive agencies for recruitment, training, 
career development, and performance evaluation of procurement 
personnel. 
(e) In the development of policies, regulations, procedures, and 
forms to be authorized or prescribed by him, the Administrator shall 
consult with the executive agencies affected, including the Small Busi-
ness Administration and other executive agencies promulgating poli-
cies, regulations, procedures, and forms affecting procurement. To the 
extent feasible, the Administrator may designate an executive agency 
or agencies, establish interagency committees, or otherwise use agency 
representatives or personnel, to solicit the views and the agreement, so 
far as possible, of executive agencies affected on significant changes 
in policies, regulations, procedures, and forms. 
(f) The authority of the Administrator under this Act shall not be 
construed to— 
(1) impair or interfere with the determination by executive 
agencies of their need for, or their use of, specific property, serv-
ices, or construction, including particular specifications therefor; 
or 
(2) interfere with the determination by executive agencies of 
specific actions in the award or administration of procurement 
contracts. 
(g) Except as otherwise provided by law, no duties, functions, or 
responsibilities, other than those expressly assigned by this Act, shall 
be assigned, delegated, or transferred to the Administrator. 
ADMINISTRATIVE POWERS 
41 u s e 406. 
SEC. 7. Upon the request of the Administrator, each executive agency 
is directed to— 
(1) make its services, personnel, and facilities available to the 
Office to the greatest practicable extent for the performance of 
functions under this Act; and 
(2) except when prohibited by law, furnish to the Administrator 
and give him access to all information and records in its posses-
sion which the Administrator may determine to be necessary for 
the performance of the functions of the Office. 
RESPONSIVENESS TO CONGRESS 
41 u s e 407. 
Report to Pres-
ident of the 
Senate and 
Speaker of the 
House. 
Report to con-
gressional com-
mittees. 
SEC. 8. (a) The Administrator shall keep the Congress and its duly 
authorized committees fully and currently informed of the major 
activities of the Office of Federal Procurement PolicyTand shall submit 
a report thereon to the President of the Senate and the Speaker of the 
House of Representatives annually and at such other times as may be 
necessary for this purpose, together with appropriate legislative 
recommendations. 
(b) At least 30 dajs prior to the effective date of any major policy 
or regulation prescribed under section 6(a), the Administrator shall 
88 STAT. ] 
PUBLIC LAW 93-400-AUG. 30, 1974 
799 
transmit to the Committees on Government Operations of the House 
of Representatives and of the Senate a detailed report on the proposed 
policy or regulation. Such report shall include— 
(1) a full description of the policy or regulation; 
(2) a summary of the reasons for the issuance of such policy 
or regulation; and 
(3) the names and positions of employees of the Office who will 
be made available, prior to such effective date, for full consulta-
tion with such Committees regarding such policy or regulation. 
(c) In the case of an emergency, the President may waive the notice 
Notice require-
requirement of subsection (b) by submitting in writing to the Congress submittal to con. 
his reasons therefor at the earliest practicable date on or before the gress. 
effective date of any major policy or regulation. 
ErrECT ON EXISTING LAWS 
SEC. 9. The authority of an executive agency under any other law to 
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prescribe policies, regulations, procedures, and forms for procurement 
is subject to the authority conferred in section 6 of this Act. 
EFFECT ON EXISTING REGULATIONS 
SEC. 10. Procurement policies, regulations, procedures, or forms in 
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effect as of the date of enactment of this Act shall continue in effect, as 
modified from time to time, until repealed, amended, or superseded 
by policies, regulations, procedures, or forms promulgated by the 
Administrator. 
AUTHORIZATION OF APPROPRIATIONS 
SEC. 11. There are authorized to be appropriated to carry out the 
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^
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provisions of this Act, and for no other purpose— 
(1) not to exceed $2,000,000 for the fiscal year ending June 30, 
1975, of which not to exceed $150,000 shall be available for the 
purpose of research in accordance with section 6(d) (4); and 
(2) such sums as may be necessary for each of the four fiscal 
years thereafter. 
Any subsequent legislation to authorize appropriations to carry out the 
purposes of this Act shall be referred in the Senate to the Committee 
on Government Operations. 
DELEGATION 
SEC. 12. (a) The Administrator may delegate, and authorize succes- 
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sive redelegations of, any authority, function, or power under this Act, 
other than his basic authority to provide overall direction of Federal 
procurement policy and to prescribe policies and regulations to carry 
out that policy, to any other executive agency with the consent of such 
agency or at the direction of the President. 
(b) The Administrator may make and authorize such delegations 
within the Office as he determines to be necessary to carry out the pro-
visions of this Act. 
ANNUAL PAY 
SEC. 13. Section 5315 of title 5, United States Code, is amended by 
adding at the end thereof the following: 
"(100) Administrator for Federal Procurement Policy.". 
800 
PUBLIC LAW 93-401-AUG. 30, 1974 
[88 STAT. 
ACCESS TO INFORMATION 
41 u s e 412. 
Open public 
meetings, notice. 
SEC. 14. (a) The Administrator and personnel in his Office shall 
furnish such information as the Comptroller General may require for 
the discharge of his responsibilities. For this purpose, the Comptroller 
General or his representatives shall have access to all books, documents, 
papers, and records of the Office. 
(b) The Administrator shall, by regulation, require that formal 
meetings of the Office, as designated by him, for the purpose of estab-
lishing procurement policies and regulations shall be open to the public, 
and that public notice of each such meeting shall be given not less than 
ten days prior thereto. 
REPEALS AND AMENDMENTS 
SEC. 15. The Federal Property and Administrative Services Act of 
1949 (40 U.S.C. 471 et seq.) is amended as follows: 
(1) Section 201(a)(1) of such Act (40 U.S.C. 481(a)(1)) is 
amended by inserting "subject to regulations prescribed by the 
Administrator for Federal Procurement Policy pursuant to the 
Office of Federal Procurement Policy Act," immediately after 
"(1)". 
(2) Section 201(c) 
of such Act 
(40 U.S.C. 481(c)) 
is 
amended by inserting "subject to regulations prescribed by the 
Administrator for Federal Procurement Policy pursuant to the 
Office of Federal Procurement Policy Act," immediately after 
(3) Section 206(a) (4) of such Act (40 U.S.C. 487(a) (4)) is 
amended to read as foUovs^s: "(4) subject to regulations promul-
gated by the Administrator for Federal Procurement Policy pur-
suant to the Office of Federal Procurement Policy Act, to prescribe 
standardized forms and procedures, except such as the Comptrol-
ler General is authorized by law to prescribe, and standard pur-
chase specifications.". 
(4) Section 602(c) of such Act (40 U.S.C. 474) is amended in 
the first sentence thereof by inserting "except as provided by the 
Office of Federal Procurement Policy Act, and" immediately after 
"herewith,". 
Approved August 30, 1974. 
Public Law 93-401 
August 30, 1974 
JOINT RESOLUTION 
[s. J. Res. 222] 
rp^ provide for the appointment of Doctor Murray Gell-Mann as citizen regent 
of the Board of Regents of the Smithsonian Institution 
Smithsonian 
Institution. 
Resolved hy the Senate and House of Representatives 
of the United 
States of America in Congress assembled, That the vacancy in the 
Board of Regents of the Smithsonian Institution, of the class other 
than Members of Congress, which will occur by the expiration of the 
term of Doctor Crawford H. Greenewalt of Wilmington, Delaware, 
on May 30,1974, be filled by the appointment of Doctor Murray Gell-
Mann of California for the statutory term of six years. 
Approved August 30, 1974.