124 STAT. 3694 PUBLIC LAW 111–350—JAN. 4, 2011 (A) DEFINITION.—In subparagraph (B), the term ‘‘head of the executive agency’’ with respect to a military depart- ment means the Secretary of Defense. (B) WHEN CERTIFICATION REQUIREMENT MAY BE INCLUDED IN REGULATION.—A requirement for a certification by a contractor 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 require- ment is provided to the head of the executive agency by the senior procurement executive of the agency and the head of the executive agency approves in writing the inclusion of the certification requirement. SUBCHAPTER II—CHIEF ACQUISITION OFFICERS COUNCIL § 1311. Establishment and membership (a) ESTABLISHMENT.—There is in the executive branch a Chief Acquisition Officers Council. (b) MEMBERSHIP.—The members of the Council are— (1) the Deputy Director for Management of the Office of Management and Budget; (2) the Administrator; (3) the Under Secretary of Defense for Acquisition, Tech- nology, and Logistics; (4) the chief acquisition officer of each executive agency that is required 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, appointed 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 selected 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 activities of the Council on behalf of the Deputy Director for Management. (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 acquisition system. (b) FUNCTIONS.—The Council shall perform functions that include the following: (1) Develop recommendations for the Director of the Office of Management and Budget on Federal acquisition policies and requirements.
