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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle F—Other Matters

P. L. 112-81

House Conference Report 112-329

(a) Workforce Improvements- Section 1704(b) of title 41, United States Code, is amended--

(1) by inserting after the first sentence the following: `The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management.';

(2) by striking `The Associate Administrator for Acquisition Workforce Programs shall be located in the Federal Acquisition Institute (or its successor).' and inserting `The Associate Administrator shall be located in the Office of Federal Procurement Policy.';

(3) in paragraph (4), by striking `; and' and inserting a semicolon;

(4) by redesignating paragraph (5) as paragraph (6); and

(5) by inserting after paragraph (4) the following new paragraph:

`(5) implementing workforce programs under subsections (f) through (l) of section 1703 of this title; and'.

(b) Federal Acquisition Institute-

(1) IN GENERAL- Division B of subtitle I of title 41, United States Code, is amended by inserting after chapter 11 the following new chapter:

`CHAPTER 12--FEDERAL ACQUISITION INSTITUTE

`Sec.

`1201. Federal Acquisition Institute.

-`Sec. 1201. Federal Acquisition Institute

`(a) In General- There is established a Federal Acquisition Institute (FAI) in order to--

`(1) foster and promote the development of a professional acquisition workforce Government-wide;

`(2) promote and coordinate Government-wide research and studies to improve the procurement process and the laws, policies, methods, regulations, procedures, and forms relating to acquisition by the executive agencies;

`(3) collect data and analyze acquisition workforce data from the Office of Personnel Management, the heads of executive agencies, and, through periodic surveys, from individual employees;

`(4) periodically analyze acquisition career fields to identify critical competencies, duties, tasks, and related academic prerequisites, skills, and knowledge;

`(5) coordinate and assist agencies in identifying and recruiting highly qualified candidates for acquisition fields;

`(6) develop instructional materials for acquisition personnel in coordination with private and public acquisition colleges and training facilities;

`(7) evaluate the effectiveness of training and career development programs for acquisition personnel;

`(8) promote the establishment and utilization of academic programs by colleges and universities in acquisition fields;

`(9) facilitate, to the extent requested by agencies, interagency intern and training programs;

`(10) collaborate with other civilian agency acquisition training programs to leverage training supporting all members of the civilian agency acquisition workforce;

`(11) assist civilian agencies with their acquisition and capital planning efforts; and

`(12) perform other career management or research functions as directed by the Administrator.

`(b) Budget Resources and Authority-

`(1) IN GENERAL- The Administrator shall recommend to the Administrator of General Services sufficient budget resources and authority for the Federal Acquisition Institute to support Government-wide training standards and certification requirements necessary to enhance the mobility and career opportunities of the Federal acquisition workforce.

`(2) ACQUISITION WORKFORCE TRAINING FUND- Subject to the availability of funds, the Administrator of General Services shall provide the Federal Acquisition Institute with amounts from the acquisition workforce training fund established under section 1703(i) of this title sufficient to meet the annual budget for the Federal Acquisition Institute requested by the Administrator under paragraph (1).

`(c) Federal Acquisition Institute Board of Directors-

`(1) REPORTING TO ADMINISTRATOR- The Federal Acquisition Institute shall report through its Board of Directors directly to the Administrator.

`(2) COMPOSITION- The Board shall be composed of not more than 8 individuals from the Federal Government representing a mix of acquisition functional areas, all of whom shall be appointed by the Administrator.

`(3) DUTIES- The Board shall provide general direction to the Federal Acquisition Institute to ensure that the Institute--

`(A) meets its statutory requirements;

`(B) meets the needs of the Federal acquisition workforce;

`(C) implements appropriate programs;

`(D) coordinates with appropriate organizations and groups that have an impact on the Federal acquisition workforce;

`(E) develops and implements plans to meet future challenges of the Federal acquisition workforce; and

`(F) works closely with the Defense Acquisition University.

`(4) RECOMMENDATIONS- The Board shall make recommendations to the Administrator regarding the development and execution of the annual budget of the Federal Acquisition Institute.

`(d) Director- The Director of the Federal Acquisition Institute shall be appointed by, be subject to the direction and control of, and report directly to the Administrator.

`(e) Annual Report- The Administrator shall submit to the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate and the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives an annual report on the projected budget needs and expense plans of the Federal Acquisition Institute to fulfill its mandate.'.

(2) CLERICAL AMENDMENT- The table of contents at the beginning of subtitle I of such title is amended by inserting after the item relating to chapter 11 the following new item:

1201.'.

(3) CONFORMING AMENDMENT- Paragraph (5) of section 1122(a) of such title is amended to read as follows:

`(5) providing for and directing the activities of the Federal Acquisition Institute established under section 1201 of this title, including recommending to the Administrator of General Services a sufficient budget for such activities.'.

(c) Government-Wide Training Standards and Certification- Section 1703 of such title is amended--

(1) in subsection (c)(2)--

(A) by striking `The Administrator shall' and inserting the following:

`(A) IN GENERAL- The Administrator shall'; and

(B) by adding at the end the following:

`(B) GOVERNMENT-WIDE TRAINING STANDARDS AND CERTIFICATION- The Administrator, acting through the Federal Acquisition Institute, shall provide and update government-wide training standards and certification requirements, including--

`(i) developing and modifying acquisition certification programs;

`(ii) ensuring quality assurance for agency implementation of government-wide training and certification standards;

`(iii) analyzing the acquisition training curriculum to ascertain if all certification competencies are covered or if adjustments are necessary;

`(iv) developing career path information for certified professionals to encourage retention in government positions;

`(v) coordinating with the Office of Personnel Management for human capital efforts; and

`(vi) managing rotation assignments to support opportunities to apply skills included in certification.'; and

(2) by adding at the end the following new subsection:

`(l) Acquisition Internship and Training Programs- All Federal civilian agency acquisition internship or acquisition training programs shall follow guidelines provided by the Office of Federal Procurement Policy to ensure consistent training standards necessary to develop uniform core competencies throughout the Federal Government.'.

(d) Expanded Scope of Acquisition Workforce Training Fund- Section 1703(i) of such title is amended--

(1) in paragraph (2), by striking `to support the training of the acquisition workforce of the executive agencies' and inserting `to support the activities set forth in section 1201(a) of this title'; and

(2) in paragraph (6), by striking `ensure that amounts collected for training under this subsection are not used for a purpose other than the purpose specified in paragraph (2)' and inserting `ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title'.

(e) Rule of Construction- Nothing in this section, or the amendments made by this section, shall be construed to preclude the Secretary of Defense from establishing acquisition workforce policies, procedures, training standards, and certification requirements for acquisition positions in the Department of Defense, as provided in chapter 87 of title 10, United States Code.

The House bill contained a provision (sec. 849) that would foster and promote the acquisition workforce on a government-wide basis.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment.

H. Rpt 112-88 (pdf) to accompany H. Resolution 276

ENHANCING FEDERAL ACQU[I]SITION INSTITUTE - One of Connolly’s bipartisan bills would increase training for federal acquisition personnel who oversee federal contracts. Connolly, who is Ranking Member on the House Oversight and Government Reform Subcommittee that handles contracting and procurement issues, said, “If we are concerned about saving taxpayer money, looking for efficiencies and avoiding waste, fraud and abuse, it starts with professional training." The legislation would give the Federal Acquisition Institute the tools it needs to enhance training, improve oversight, and develop and update government-wide training standards and certification requirements.

“Given the complexity of many of today’s federal contracts, it benefits the taxpayers to have federal contracting officers who are well-versed in the issues at hand,” Connolly said. Pennsylvania Republican Todd Platts cosponsored the Connolly amendment. Maine Republican Senator Susan Collins authored the companion bill in the Senate and Connolly worked closely with her on the language and strategy. The Professional Services Council and other contracting advocates supported the Connolly/Collins language.

Also see H. R. 1424:  Federal Acquisition Improvement Act of 2011 which did not make it out of the Subcommittee on Technology, Information Policy, Intergovernmental Relations and Procurement Reform.