41 U.S.C. § 1311 — Establishment and membership

Page 26 TITLE 41—PUBLIC CONTRACTS § 1311 ury and other agency heads, to evaluate practices of contracting officers and debarring officials in response to contractors’ certifications of serious tax delin- quencies and to provide me, within 90 days, rec- ommendations on process improvements to ensure these contractors are not awarded new contracts, in- cluding a plan to make contractor certifications avail- able in a Government-wide database, as is already being done with other information on contractors. Executive departments and agencies shall carry out the provisions of this memorandum to the extent per- mitted by law. This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agen- cies, or entities, its officers, employees, or agents, or any other person. The Director of the Office of Management and Budget is hereby authorized and directed to publish this memo- randum in the Federal Register. BARACK OBAMA. 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 Acqui- sition and Sustainment; (4) the chief acquisition officer of each exec- utive 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 Adminis- trator shall lead the activities 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. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3694; Pub. L. 116–92, div. A, title IX, § 902(89), Dec. 20, 2019, 133 Stat. 1554.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1311(a) ........ 41:414b(a). Pub. L. 93–400, § 16A(a)–(c), as added Pub. L. 108–136, title XIV, § 1422(a), Nov. 24, 2003, 117 Stat. 1668. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 1311(b) ........ 41:414b(b)(1) (words before comma), (2)–(5). 1311(c)(1) .... 41:414b(b)(1) (words after comma). 1311(c)(2) .... 41:414b(c)(2). 1311(c)(3) .... 41:414b(c)(1). 1311(c)(4) .... 41:414b(c)(3). Editorial Notes AMENDMENTS 2019—Subsec. (b)(3). Pub. L. 116–92 substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Acquisition, Tech- nology, and Logistics’’. § 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 Direc- tor of the Office of Management and Budget on Federal acquisition policies and requirements. (2) Share experiences, ideas, best practices, and innovative approaches related to Federal acquisition. (3) Assist the Administrator in the identi- fication, development, and coordination of multiagency projects and other innovative ini- tiatives to improve Federal acquisition. (4) Promote effective business practices that ensure the timely delivery of best value prod- ucts to the Federal Government and achieve appropriate public policy objectives. (5) Further integrity, fairness, competition, openness, and efficiency in the Federal acqui- sition system. (6) Work with the Office of Personnel Man- agement to assess and address the hiring, training, and professional development needs of the Federal Government related to acquisi- tion. (7) Work with the Administrator and the Federal Acquisition Regulatory Council to promote the business practices referred to in paragraph (4) and other results of the func- tions carried out under this subsection. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3694.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1312(a) ........ 41:414b(d). Pub. L. 93–400, § 16A(d), (e), as added Pub. L. 108–136, title XIV, § 1422(a), Nov. 24, 2003, 117 Stat. 1668. 1312(b) ........ 41:414b(e). SUBCHAPTER III—FEDERAL ACQUISITION SUPPLY CHAIN SECURITY § 1321. Definitions In this subchapter: (1) APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP.—The term ‘‘appropriate con- gressional committees and leadership’’ means—