HR 1107 RFS 
(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; 
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(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. 
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