[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1770 Introduced in House (IH)]







104th CONGRESS
  1st Session
                                H. R. 1770

 To amend the Office of Federal Procurement Policy Act to improve the 
          acquisition workforce of civilian Federal agencies.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              June 7, 1995

 Mrs. Maloney introduced the following bill; which was referred to the 
              Committee on Government Reform and Oversight

_______________________________________________________________________

                                 A BILL


 
 To amend the Office of Federal Procurement Policy Act to improve the 
          acquisition workforce of civilian Federal agencies.
    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Civilian Agency Acquisition 
Workforce Improvement Act''.

SEC. 2. ACQUISITION WORKFORCE.

    The Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
seq.) is amended by adding at the end the following new section:

``SEC. 35. ACQUISITION WORKFORCE.

    ``(a) Applicability.--This section does not apply to an executive 
agency that is subject to chapter 87 of title 10, United States Code.
    ``(b) Management Policies.--
            ``(1) Policies and procedures.--The head of each executive 
        agency, after consultation with the Administrator for Federal 
        Procurement Policy, shall establish policies and procedures for 
        the effective management (including accession, education, 
        training, career development, and performance incentives) of 
        the acquisition workforce of the agency. The development of 
        acquisition workforce policies under this section shall be 
        carried out consistent with the merit system principles set 
        forth in paragraphs (1) and (2) of section 2301(b) of title 5, 
        United States Code.
            ``(2) Uniform implementation.--The head of each executive 
        agency shall ensure that, to the maximum extent practicable, 
        acquisition workforce policies and procedures established are 
        uniform in their implementation throughout the agency.
            ``(3) Governmentwide policies and evaluation.--The 
        Administrator shall issue policies to promote uniform 
        implementation of this section by executive agencies, with due 
        regard for differences in program requirements among agencies 
        that may be appropriate and warranted in view of the agency 
        mission. The Administrator shall evaluate the implementation of 
        the provisions of this section by executive agencies.
    ``(c) Senior Procurement Executive Authorities and 
Responsibilities.--Subject to the authority, direction, and control of 
the head of an executive agency, the senior procurement executive of 
the agency shall carry out all powers, functions, and duties of the 
head of the agency with respect to implementation of this section. The 
senior procurement executive shall ensure that the policies of the head 
of the executive agency established in accordance with this section are 
implemented throughout the agency.
    ``(d) Management Information Systems.--The Administrator shall 
ensure that the heads of executive agencies collect and maintain 
standardized information on the acquisition workforce related to 
implementation of this section. To the maximum extent practicable, such 
data requirements shall conform to standards established by the Office 
of Personnel Management for the Central Personnel Data File.
    ``(e) Acquisition Workforce.--The programs established by this 
section shall apply to all employees in
 the General Schedule Contracting series (GS-1102) and the General 
Schedule Purchasing series (GS-1105), and to any employees regardless 
of series who have been appointed as contracting officers whose 
authority exceeds the micro-purchase threshold, as that term is defined 
in section 32(g). The head of each executive agency may include 
employees in other series who perform acquisition or acquisition-
related functions.
    ``(f) Career Development.--
            ``(1) Career paths.--The head of each executive agency 
        shall ensure that appropriate career paths for personnel who 
        desire to pursue careers in acquisition are identified in terms 
        of the education, training, experience, and assignments 
        necessary for career progression to the most senior acquisition 
        positions. The head of each executive agency shall make 
        information available on such career paths.
            ``(2) Critical duties and tasks.--For each career path, the 
        head of each executive agency shall identify the critical 
        acquisition-related duties and tasks in which, at minimum, 
        employees of the agency in the career path shall be competent 
        to perform at full performance grade levels. For this purpose, 
        the head of the executive agency shall provide appropriate 
        coverage of the critical duties and tasks identified by the 
        Director of the Federal Acquisition Institute.
            ``(3) Mandatory training and education.--For each career 
        path, the head of each executive agency shall establish 
        requirements for the completion of course work and related on-
        the-job training in the critical acquisition-related duties and 
        tasks of the career path. The head of each executive agency 
        shall also encourage employees to maintain the currency of 
        their acquisition knowledge and generally enhance their 
        knowledge of related acquisition management disciplines through 
        academic programs and other self-developmental activities.
            ``(4) Performance incentives.--The head of each executive 
        agency, acting through the senior procurement executive for the 
        agency, shall provide for an enhanced system of incentives for 
        the encouragement of excellence in the acquisition workforce 
        which rewards performance of employees that contribute to 
        achieving the agency's performance goals.
    ``(g) Qualification Requirements.--
            ``(1) General schedule contracting series (gs-1102).--
                    ``(A) Entry level qualifications.--The Director of 
                the Office of Personnel Management shall require that, 
                after October 1, 1996, a person may not be appointed to 
                a position in the GS-1102 occupational series unless 
                the person--
                            ``(i) has received a baccalaureate degree 
                        from an accredited educational institution 
                        authorized to grant baccalaureate degrees,
                            ``(ii) has completed at least 24 semester 
                        credit hours (or the equivalent) of study from 
                        an accredited institution of higher education 
                        in any of the following disciplines: 
                        accounting, business finance, law, contracts, 
                        purchasing, economics, industrial management, 
                        marketing, quantitative methods, or 
                        organization and management, or
                            ``(iii) has passed a written test 
                        determined by the Administrator for Federal 
                        Procurement Policy, after consultation with the 
                        Director of the Office of Personnel Management, 
                        to demonstrate the judgmental skills necessary 
                        for positions in this series.
                    ``(B) Qualifications for senior contracting 
                positions.--The Director of the Office of Personnel 
                Management shall require that, after October 1, 1996, 
                persons may be appointed to positions at and above full 
                performance grade levels in the GS-1102 occupational 
                series only if those persons--
                            ``(i) have satisfied the educational 
                        requirement either of subsection (g)(1)(A)(i) 
                        or subsection (g)(1)(A)(ii),
                            ``(ii) have successfully completed all 
                        training required for the position under 
                        subsection (f)(3), and
                            ``(iii) have satisfied experience and other 
                        requirements established by the Director for 
                        such positions.
                However, this requirement shall apply to persons 
                employed on October 1, 1996, in GS-1102 positions at 
                those grade levels only as a prerequisite for promotion 
                to a GS-1102 position at a higher grade.
            ``(2) General schedule purchasing series (gs-1105).--The 
        Director of the Office of Personnel Management shall require 
        that, after October 1, 1996, a person may not be appointed to a 
        position in the GS-1105 occupational series unless the person--
                    ``(A) has successfully completed 2 years of course 
                work from an accredited educational institution 
                authorized to grant degrees, or
                    ``(B) has passed a written test determined by the 
                Administrator for Federal Procurement Policy, after 
                consultation with the Director of the Office of 
                Personnel Management, to demonstrate the judgmental 
                skills necessary for positions in this series.
            ``(3) Contracting officers.--The head of each executive 
        agency shall require that, beginning after October 1, 1996, a 
        person may be appointed as a contracting officer with authority 
        to award or administer contracts for amounts above the micro-
        purchase threshold, as that term is defined in section 32(g), 
        only if the person--
                    ``(A) has successfully completed all mandatory 
                training required of an employee in an equivalent GS-
                1102 or 1105 position under subsection (f)(3); and
                    ``(B) meets experience and other requirements 
                established by the head of the agency, based on the 
                dollar value and complexity of the contracts that the 
                employee will be authorized to award or administer 
                under the appointment as a contracting officer.
            ``(4) Exceptions.--(A) The requirements set forth in 
        subsection (g) (1) and (2), as applicable, shall not apply to 
        any person employed in the GS-1101 or GS-1105 series on October 
        1, 1996.
            ``(B) Employees of an executive agency who do not satisfy 
        the full qualification requirements for appointment as a 
        contracting officer under subsection (g)(3) may be appointed as 
        a contracting officer for a temporary period of time under 
        procedures established by the agency head. The procedures 
        shall--
                    ``(i) require that the person have completed a 
                significant portion of the required training,
                    ``(ii) require a plan be established for the 
                balance of the required training,
                    ``(iii) specify a period of time for completion of 
                the training, and
                    ``(iv) include provisions for withdrawing or 
                terminating the appointment prior to the scheduled 
                expiration date, where appropriate.
            ``(5) Waiver.--The senior procurement executive for an 
        executive agency may waive any or all of the qualification 
        requirements of subsection (g) (1) and (2) for a person if the 
        person possesses significant potential for advancement to 
        levels of greater responsibility and authority, based on 
        demonstrated job performance and qualifying experience. This 
        authority may not be redelegated by the senior procurement 
        executive. With respect to each waiver granted under this 
        subsection, the senior procurement executive shall set forth in 
        writing the rationale for the decision to waive such 
        requirements.
    ``(h) Program Establishment and Implementation.--
            ``(1) Funding levels.--The head of an executive agency 
        shall request in the budget for the agency an amount equal to 
        no less than 2.5 percent of the base aggregate salary cost of 
        the acquisition workforce subject to this section, for 
        education and training under this section. The head of the 
        executive agency shall set forth separately the funding levels 
        requested in the budget justification documents submitted in 
        support of the President's budget submitted to Congress under 
        section 1105 of title 31, United States Code. Funds 
        appropriated for education and training under this section may 
        not be obligated or used for any other purpose.
            ``(2) Interagency agreements.--The head of an executive 
        agency may enter into a written agreement with another agency 
        to participate in programs established under this section on a 
        reimbursable basis.
            ``(3) Tuition assistance.--Notwithstanding the prohibition 
        in section 4107(b) of title 5, United States Code, the head of 
        each executive agency may provide for tuition reimbursement and 
        education (including a full-time course of study leading to a 
        degree) for acquisition personnel in the agency related to the 
        purposes of this section.
            ``(4) Intern programs.--The head of each executive agency 
        may establish intern programs in order to recruit highly 
        qualified and talented individuals and provide them with 
        opportunities for accelerated promotions, career broadening 
        assignments, and specified training for advancement to senior 
        acquisition positions. For such programs, the head of an 
        executive agency, without regard to the provisions of title 5, 
        United States Code, may appoint individuals to competitive GS-
        5, GS-7, or GS-9 positions in the General Schedule Contracting 
        series (GS-1102) who have graduated from baccalaureate or 
        master's programs in purchasing or contracting from accredited 
        educational institutions authorized to grant baccalaureate and 
        master's degrees.
            ``(5) Cooperative education program.--The head of each 
        executive agency may establish an agencywide cooperative 
        education credit program for acquisition positions. Under the 
        program, the head of the executive agency may enter into 
        cooperative arrangements with one or more accredited 
        institutions of higher education which provide for such 
        institutions to grant undergraduate credit for work performed 
        in such position.
            ``(6) Scholarship program.--
                    ``(A) Establishment.--Where deemed appropriate, the 
                head of each executive agency may establish a 
                scholarship program for the purpose of qualifying 
                individuals for acquisition positions in the agency.
                    ``(B) Eligibility.--To be eligible to participate 
                in a scholarship program established under this 
                paragraph by an executive agency, an individual must--
                            ``(i) be accepted for enrollment or be 
                        currently enrolled as a full-time student at an 
                        accredited educational institution authorized 
                        to grant baccalaureate or graduate degrees (as 
                        appropriate);
                            ``(ii) be pursuing a course of education 
                        that leads toward completion of a bachelor's, 
                        master's, or doctor's degree (as appropriate) 
                        in a qualifying field of study, as determined 
                        by the head of the agency;
                            ``(iii) sign an agreement described in 
                        subparagraph (C) under which the participant 
                        agrees to serve a period of obligated service 
                        in the agency in an acquisition position in 
                        return for payment of educational assistance as 
                        provided in the agreement; and
                            ``(iv) meet such other requirements as the 
                        head of the agency prescribes.
                    ``(C) Agreement.--An agreement between the head of 
                an executive agency and a participant in a scholarship 
                program established under this paragraph shall be in 
                writing, shall be signed by the participant, and shall 
                include the following provisions:
                            ``(i) The agreement of the head of the 
                        agency to provide the participant with 
                        educational assistance for a specified number 
                        of school years, not to exceed 4, during which 
                        the participant is pursuing a course of 
                        education in a qualifying field of study. The 
                        assistance may include payment of tuition, 
                        fees, books, laboratory expenses, and a 
                        stipend.
                            ``(ii) The participant's agreement--
                                    ``(I) to accept such educational 
                                assistance,
                                    ``(II) to maintain enrollment and 
                                attendance in the course of education 
                                until completed,
                                    ``(III) while enrolled in such 
                                course, to maintain an acceptable level 
                                of academic standing (as prescribed by 
                                the head of the agency), and
                                    ``(IV) after completion of the 
                                course of education, to serve as a 
                                full-time employee in an acquisition 
                                position in the agency for a period of 
                                time of one calendar year for each 
                                school year or part thereof for which 
                                the participant was provided a 
                                scholarship under the program.
                    ``(D) Repayment.--(i) Any person participating in a 
                program established under this paragraph shall agree to 
                pay to the United States the total amount of 
                educational assistance provided to the person under the 
                program if the person is voluntarily separated from the 
                agency or involuntarily separated for cause from the 
                agency before the end of the period for which the 
                person has agreed to continue in the service of the 
                agency in an acquisition position.
                    ``(ii) If an employee fails to fulfill the 
                agreement to pay to the Government the total amount of 
                educational assistance provided to the person under the 
                program, a sum equal to the amount of the educational 
                assistance may be recovered by the Government from the 
                employee (or the estate of the employee) by setoff 
                against accrued pay, compensation, amount of retirement 
                credit, or other amount due the employee from the 
                Government; and by such other method as is provided by 
                law for the recovery of amounts owing to the 
                Government.
                    ``(iii) The head of an executive agency may waive 
                in whole or in part a repayment required under this 
                paragraph if the head of the agency determines the 
                recovery would be against equity and good conscience or 
                would be contrary to the best interests of the United 
                States.
                    ``(E) Termination of agreement.--There shall be no 
                requirement that a position be offered to a person 
                after such person successfully completes a course of 
                education required by an agreement under this 
                paragraph. If no position is offered, the agreement 
                shall be considered terminated.''.

SEC. 3. FEDERAL ACQUISITION INSTITUTE.

    Section 6 of the Office of Federal Procurement Policy Act (41 
U.S.C. 405), is amended--
            (1) in subsection (d) by amending paragraph (5) to read as 
        follows:
            ``(5) providing for and directing the activities of the 
        Federal Acquisition Institute (including recommending to the 
        Administrator of General Services a sufficient budget for such 
        activities), which shall be located in the General Services 
        Administration;''; and
            (2) by adding at the end the following new subsection:
    ``(l) The Federal Acquisition Institute shall--
            ``(1) recommend policies, procedures, and guidelines to the 
        Administrator, for--
                    ``(A) fostering and promoting the development of a 
                professional acquisition workforce governmentwide, and
                    ``(B) administering the provisions of section 35;
            ``(2) 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;
            ``(3) periodically analyze acquisition career fields to 
        identify critical competencies, duties, tasks, and related 
        academic prerequisites, skills, and knowledge;
            ``(4) coordinate and assist agencies in identifying and 
        recruiting highly qualified candidates for acquisition fields;
            ``(5) develop instructional materials for acquisition 
        personnel in coordination with private and public acquisition 
        colleges and training facilities;
            ``(6) evaluate the effectiveness of training and career 
        development programs for acquisition personnel;
            ``(7) promote the establishment and utilization of academic 
        programs by colleges and universities in acquisition fields;
            ``(8) promote, coordinate, or conduct governmentwide 
        research and studies to improve the acquisition process and the 
        laws, policies, methods, regulations, procedures, and forms 
        relating to acquisition by the executive agencies;
            ``(9) facilitate, to the extent requested by agencies, 
        interagency intern and training programs; and
            ``(10) perform other career management or research 
        functions as directed by the Administrator.''.

SEC. 4. REPEAL OF SUPERSEDED PROVISION.

    Section 502 of the Small Business and Federal Procurement 
Competition Enhancement Act of 1984 (41 U.S.C. 414a) is repealed.
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