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Title XIV—Services Acquisition Reform

The Services Acquisition Reform Act of 2003 (SARA)

Public Law 108-136

House Conference Report 108-354

SEC. 1413. ACQUISITION WORKFORCE RECRUITMENT PROGRAM.

(a) DETERMINATION OF SHORTAGE CATEGORY POSITIONS- For purposes of sections 3304, 5333, and 5753 of title 5, United States Code, the head of a department or agency of the United States (other than the Secretary of Defense) may determine, under regulations prescribed by the Office of Personnel Management, that certain Federal acquisition positions (as described in section 37(g)(1)(A) of the Office of Federal Procurement Policy Act (41 U.S.C. 433(g)(1)(A)) are shortage category positions in order to use the authorities in those sections to recruit and appoint highly qualified persons directly to such positions in the department or agency.

(b) TERMINATION OF AUTHORITY- The head of a department or agency may not appoint a person to a position of employment under this section after September 30, 2007.

(c) REPORT- Not later than March 31, 2007, the Director of the Office of Personnel Management, in consultation with the Administrator for Federal Procurement Policy, shall submit to Congress a report on the implementation of this section. The report shall include--

(1) a list of the departments and agencies that exercised the authority provided in this section, and whether the exercise of the authority was carried out in accordance with the regulations prescribed by the Office of Personnel Management;

(2) the Director's assessment of the efficacy of the exercise of the authority provided in this section in attracting employees with unusually high qualifications to the acquisition workforce; and

(3) any recommendations considered appropriate by the Director on whether the authority to carry out the program should be extended.

The House bill contained a provision (sec. 1413) that would authorize the head of an agency to determine if, for purposes of sections 3304, 5333, and 5753 of title 5, United States Code, certain federal acquisition positions are in a shortage category for purposes of recruiting and directly hiring persons with high qualifications.

The Senate amendment contained no similar provision.

The Senate recedes with a clarifying amendment that would require the Office of Personnel Management (OPM), in consultation with the Office of Federal Procurement Policy, to report to the congressional defense committees on the extent to which the authority has been used and whether such use has been consistent with regulations issued by OPM.

House Report 108-117, Part 1