(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 agen-
cy on the Council pursuant to section 1302(b) of this title shall— 
(A) approve or disapprove all regulations relating to procure-
ment that are proposed for public comment, prescribed in final 
form, or otherwise made effective by that agency before the regula-
tion may be prescribed in final form, or otherwise made effective, 
except that the official may grant an interim approval, without re-
view, 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 ap-
proval 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 ap-
prove or disapprove regulations under paragraph (1)(A) may not be 
delegated to an individual outside the office of the official who rep-
resents the agency on the Council pursuant to section 1302(b) of this 
title. 
(c) GOVERNING POLICIES.—All actions of the Council and of members of 
the Council shall be in accordance with and furtherance of the policies pre-
scribed under section 1121(b) of this title. 
(d) GENERAL AUTHORITY WITH RESPECT TO FEDERAL ACQUISITION 
REGULATION.—Subject to section 1121(d) of this title, the Council shall 
manage, coordinate, control, and monitor the maintenance of, issuance of, 
and changes in, the Federal Acquisition Regulation. 
§ 1304. Contract clauses and certifications 
(a) REPETITIVE NONSTANDARD CONTRACT CLAUSES DISCOURAGED.— 
The Council shall prescribe regulations to discourage the use of a non-
standard contract clause on a repetitive basis. The regulations shall include 
provisions that— 
(1) clearly define what types of contract clauses are to be treated 
as nonstandard clauses; and
(2) require prior approval for the use of a nonstandard clause on a 
repetitive basis by an official at a level of responsibility above the con-
tracting officer. 
(b) WHEN CERTIFICATION REQUIRED.— 
(1) BY LAW.—A provision of law may not be construed as requiring 
a certification by a contractor or offeror in a procurement made or to 
be made by the Federal Government unless that provision of law spe-
cifically provides that such a certification shall be required. 
(2) IN FEDERAL ACQUISITION REGULATION.—A requirement for a 
certification by a contractor or offeror may not be included in the Fed-
eral Acquisition Regulation unless— 
(A) the certification requirement is specifically imposed by stat-
ute; or 
(B) written justification for the certification requirement is pro-
vided to the Administrator by the Council and the Administrator 
approves in writing the inclusion of the certification requirement. 
(3) EXECUTIVE AGENCY PROCUREMENT REGULATION.— 
(A) DEFINITION.—In subparagraph (B), the term ‘‘head of the 
executive agency’’ with respect to a military department means the 
Secretary of Defense. 
(B) WHEN CERTIFICATION REQUIREMENT MAY BE INCLUDED 
IN
REGULATION.—A requirement for a certification by a con-
tractor or offeror may not be included in a procurement regulation 
of an executive agency unless— 
(i) the certification requirement is specifically imposed by 
statute; or 
(ii) written justification for the certification requirement is 
provided to the head of the executive agency by the senior 
procurement executive of the agency and the head of the exec-
utive agency approves in writing the inclusion of the certifi-
cation requirement. 
SUBCHAPTER II—CHIEF ACQUISITION OFFICERS COUNCIL 
§ 1311. Establishment and membership 
(a) ESTABLISHMENT.—There is in the executive branch a Chief Acquisi-
tion Officers Council. 
(b) MEMBERSHIP.—The members of the Council are— 
(1) the Deputy Director for Management of the Office of Manage-
ment and Budget; 
(2) the Administrator; 
(3) the Under Secretary of Defense for Acquisition, Technology, and 
Logistics;
(4) the chief acquisition officer of each executive agency that is re-
quired to have a chief acquisition officer under section 1702 of this 
title and the senior procurement executive of each military department; 
and 
(5) any other senior agency officer of each executive agency, ap-
pointed by the head of the agency in consultation with the Chairman 
of the Council, who can effectively assist the Council in performing the 
functions set forth in section 1312(b) of this title and supporting the 
associated range of acquisition activities. 
(c) LEADERSHIP AND SUPPORT.— 
(1) CHAIRMAN.—The Deputy Director for Management of the Office 
of Management and Budget is the Chairman of the Council. 
(2) VICE CHAIRMAN.—The Vice Chairman of the Council shall be se-
lected by the Council from among its members. The Vice Chairman 
serves for one year and may serve multiple terms. 
(3) LEADER OF ACTIVITIES.—The Administrator shall lead the ac-
tivities of the Council on behalf of the Deputy Director for Manage-
ment. 
(4) SUPPORT.—The Administrator of General Services shall provide 
administrative and other support for the Council. 
§ 1312. Functions 
(a) PRINCIPAL FORUM.—The Chief Acquisition Officers Council is the 
principal interagency forum for monitoring and improving the Federal ac-
quisition system. 
(b) FUNCTIONS.—The Council shall perform functions that include the 
following: 
(1) Develop recommendations for the Director of the Office of Man-
agement and Budget on Federal acquisition policies and requirements. 
(2) Share experiences, ideas, best practices, and innovative ap-
proaches related to Federal acquisition. 
(3) Assist the Administrator in the identification, development, and 
coordination of multiagency projects and other innovative initiatives to 
improve Federal acquisition. 
(4) Promote effective business practices that ensure the timely deliv-
ery of best value products to the Federal Government and achieve ap-
propriate public policy objectives. 
(5) Further integrity, fairness, competition, openness, and efficiency 
in the Federal acquisition system. 
(6) Work with the Office of Personnel Management to assess and ad-
dress the hiring, training, and professional development needs of the 
Federal Government related to acquisition.
(7) Work with the Administrator and the Federal Acquisition Regu-
latory Council to promote the business practices referred to in para-
graph (4) and other results of the functions carried out under this sub-
section. 
CHAPTER 15—COST ACCOUNTING STANDARDS 
Sec. 
1501.
Cost Accounting Standards Board. 
1502.
Cost accounting standards. 
1503.
Contract price adjustment. 
1504.
Effect on other standards and regulations. 
1505.
Examinations. 
1506.
Authorization of appropriations. 
§ 1501. Cost Accounting Standards Board 
(a) ORGANIZATION.—The Cost Accounting Standards Board is an inde-
pendent board in the Office of Federal Procurement Policy. 
(b) MEMBERSHIP.— 
(1) NUMBER OF MEMBERS, CHAIRMAN, AND APPOINTMENT.—The 
Board consists of 5 members. One member is the Administrator, who 
serves as Chairman. The other 4 members, all of whom shall have expe-
rience in Federal Government contract cost accounting, are as follows: 
(A) 2 representatives of the Federal Government— 
(i) one of whom is a representative of the Department of 
Defense appointed by the Secretary of Defense; and 
(ii) one of whom is an officer or employee of the General 
Services Administration appointed by the Administrator of 
General Services. 
(B) 2 individuals from the private sector, each of whom is ap-
pointed by the Administrator, and— 
(i) one of whom is a representative of industry; and 
(ii) one of whom is particularly knowledgeable about cost 
accounting problems and systems. 
(2) TERM OF OFFICE.— 
(A) LENGTH OF TERM.—The term of office of each member, 
other than the Administrator, is 4 years. The terms are staggered, 
with the terms of 2 members expiring in the same year, the term 
of another member expiring the next year, and the term of the last 
member expiring the year after that. 
(B) INDIVIDUAL
REQUIRED
TO
REMAIN
WITH
APPOINTING 
AGENCY.—A member appointed under paragraph (1)(A) may not 
continue to serve after ceasing to be an officer or employee of the 
agency from which that member was appointed. 
(3) VACANCY.—A vacancy on the Board shall be filled in the same 
manner in which the original appointment was made. A member ap-