[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4244 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 4244

To amend the Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
  seq.) to provide for measurement of the performance of the Federal 
    procurement system, to enhance the training of the acquisition 
                   workforce, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 1998

Mr. Horn (for himself, Mrs. Maloney of New York, Mr. Davis of Virginia, 
 Mr. Sessions, and Mr. Kanjorski) introduced the following bill; which 
 was referred to the Committee on Government Reform and Oversight, and 
 in addition to the Committee on National Security, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Office of Federal Procurement Policy Act (41 U.S.C. 401 et 
  seq.) to provide for measurement of the performance of the Federal 
    procurement system, to enhance the training of the acquisition 
                   workforce, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Federal 
Procurement System Performance Measurement and Acquisition Workforce 
Training Act of 1998''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Establishment of performance measures for the Federal 
                            procurement system.
Sec. 3. Professionalism of the acquisition workforce.
Sec. 4. Responsibilities for acquisition workforce training.
Sec. 5. Funding for acquisition workforce training and education.
Sec. 6. Evaluation by the Comptroller General.

SEC. 2. ESTABLISHMENT OF PERFORMANCE MEASURES FOR THE FEDERAL 
              PROCUREMENT SYSTEM.

    (a) Performance Measures.--The Office of Federal Procurement Policy 
Act (Public Law 93-400; 41 U.S.C. 401 et seq.) is amended by adding at 
the end the following new section:

``SEC. 39. PERFORMANCE MEASURES FOR THE FEDERAL PROCUREMENT SYSTEM.

    ``(a)(1) The Administrator shall establish a system for measuring 
the performance and effectiveness of the procurement system, including 
standards for measuring the performance of the various elements of the 
system. The performance standards shall be structured--
            ``(A) to enable the Congress, the Office of Federal 
        Procurement Policy, and the heads of executive agencies to 
        track progress of achievement of acquisition reform objectives 
        on a Government-wide basis and to gauge the effectiveness of 
        the procurement system in supporting the accomplishment of the 
        mission of such agencies; and
            ``(B) to benchmark the performance of executive agencies 
        against the performance of private and public sector 
        procurement operations.
    ``(2) The objective of the procurement performance measurement 
system shall be to use the performance data to improve executive agency 
acquisition practices and policies in order to enhance support for the 
accomplishment of the mission of such agencies.
    ``(3) In developing and implementing the procurement performance 
measurement system, the Administrator shall, to the maximum extent 
practical, use existing data sources and automated data collection 
tools.
    ``(b)(1) The head of each executive agency for which more than 50 
percent of the funds appropriated are expended for procurement shall 
include, as a part of the annual performance plan of the agency 
submitted under section 1115 of title 31, United States Code, an 
assessment of the performance of the procurement system of the agency 
in terms of its efficiency and effectiveness in supporting the agency 
in accomplishing its mission.
    ``(2) The assessment required under paragraph (1) shall--
            ``(A) address corrective actions and activities planned by 
        the agency to improve the performance of the procurement system 
        of the agency;
            ``(B) address the adequacy of the education and training of 
        the acquisition workforce of the agency, including whether the 
        workforce has the necessary competencies, skills, and knowledge 
        to effectively support the achievement of the mission of the 
        agency and information on the amount of funds budgeted and 
        expended to ensure that the acquisition workforce of the agency 
        is appropriately educated and trained; and
            ``(C) evaluate the effectiveness of acquisition workforce 
        training programs in providing necessary competencies, skills, 
        and knowledge.
    ``(c) The Administrator may require the heads of executive agencies 
that are not required to submit a performance plan under section 1115 
of title 31, United States Code, to submit an assessment to the 
Administrator similar to the assessment described in subsection (b).''.
    (b) Conforming Amendment.--The table of contents of such Act is 
amended by adding at the end the following new item:

``Sec. 39. Performance measures for the Federal procurement system.''.

SEC. 3. PROFESSIONALISM OF THE ACQUISITION WORKFORCE.

    (a) Mandatory Training and Education.--Section 37(f)(3) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 433(f)(3)) is 
amended to read as follows:
            ``(3) Mandatory training and education.--The head of each 
        executive agency shall establish, for each career path, 
        requirements for initial and continuing education in the 
        critical acquisition-related duties and tasks of the career 
        path. Such requirements shall include, at a minimum, the core 
        curriculum, continuing education programs, and policy 
        implementation training required by the Federal Acquisition 
        Regulation.''.
    (b) Acquisition Workforce.--Section 37(e) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 433(e)) is amended to read as 
follows:
    ``(e) Applicability to Acquisition Workforce.--The programs 
established by this section shall apply to the acquisition workforce of 
each executive agency. For purposes of this section, the acquisition 
workforce of an agency consists of--
            ``(1) all employees serving in acquisition positions listed 
        in subsection (g)(1)(A) of this section;
            ``(2) program managers with significant acquisition 
        responsibilities;
            ``(3) contracting officers and contracting officer 
        representatives with authority to award or administer contracts 
        for amounts above the micro-purchase threshold; and
            ``(4) other Federal employees who are assigned significant 
        acquisition roles and responsibilities.''.
    (c) Contracting Officers.--(1) Section 37(g) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 433(g)) is amended by adding 
at the end the following new paragraph:
            ``(4) Contracting officers.--(A) Beginning on October 1, 
        2000, the head of each executive agency shall require, in order 
        to serve as a contracting officer with authority to award or 
        administer contracts for amounts above the micro-purchase 
        threshold, the following:
                    ``(i) For appointments to serve as a contracting 
                officer with authority to award or administer contracts 
                that do not exceed the simplified acquisition threshold 
                as specified in section 4(11) of the Office of Federal 
                Procurement Policy Act (41 U.S.C. 403(11)), completion 
                of training in duties related to use of the simplified 
                acquisition procedures authorized to be used under the 
                appointed position (including any training mandated for 
                such duties by the Federal Acquisition Regulation) and 
                such additional requirements, based on the dollar 
                value, nature, and complexity of the contracts awarded 
                or administered pursuant to the appointment, as may be 
                established by the Federal Acquisition Regulation or 
                the appointing agency head.
                    ``(ii) For appointments to serve as a contracting 
                officer with authority to award or administer contracts 
                for amounts above the simplified acquisition threshold 
                as specified in section 4(11) of the Office of Federal 
                Procurement Policy Act--
                            ``(I) completion of the core curriculum 
                        established in the Federal Acquisition 
                        Regulation for contracting officers;
                            ``(II) at least 2 years experience in a 
                        contracting or purchasing position;
                            ``(III) satisfaction of other qualification 
                        requirements for contracting or purchasing 
                        positions at the same grade level established 
                        under paragraph (1)(A); and
                            ``(IV) such additional requirements, based 
                        on the dollar value, nature, and complexity of 
                        the contracts awarded or administered pursuant 
                        to the appointment, as may be established by 
                        the Federal Acquisition Regulation or the head 
                        of the agency for the appointment.
            ``(B)(i) The head of the executive agency may waive any of 
        the requirements in subparagraph (A) (except those contained in 
        qualifications standards approved by the Office of Personnel 
        Management under subsection (g)(3)) with respect to an employee 
        of the agency if the agency head determines that the employee 
        possesses significant potential for advancement to levels of 
        greater responsibility and authority, based on demonstrated job 
        performance and qualifying experience.
            ``(ii) The head of the agency shall provide to the 
        administrator in writing the rationale for any decision to 
        waive such requirements.''.
    (2) Section 1724(a) of title 10, United States Code, is amended to 
read as follows:
    ``(a) Contracting Officers.--Beginning on October 1, 2000, the 
Secretary of Defense shall require, in order to serve as a contracting 
officer with authority to award or administer contracts for amounts 
above the micro-purchase threshold as specified in section 32(g) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 428(f)), the 
following:
            ``(1) For appointments to serve as a contracting officer 
        with authority to award or administer contracts that do not 
        exceed the simplified acquisition threshold as specified in 
        section 4(11) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 403(11))--
                    ``(A) completion of training in duties related to 
                use of the simplified acquisition procedures authorized 
                to be used by the appointment (including any training 
                mandated for such duties by the Federal Acquisition 
                Regulation); and
                    ``(B) such additional requirements, based on the 
                dollar value, nature, and complexity of the contracts 
                awarded or administered pursuant to the appointment as 
                may be established under the Federal Acquisition 
                Regulation or by the Secretary of Defense for the 
                appointment.
            ``(2) For appointments to serve as a contracting officer 
        with authority to award or administer contracts for amounts 
        above the simplified acquisition threshold as specified in 
        section 4(11) of the Office of Federal Procurement Policy Act 
        (41 U.S.C. 403(11))--
                    ``(A) completion of the core curriculum established 
                in the Federal Acquisition Regulation for contracting 
                officers;
                    ``(B) at least 2 years experience in a contracting 
                or purchasing position;
                    ``(C)(i) a baccalaureate degree from an accredited 
                educational institution authorized to grant 
                baccalaureate degrees;
                    ``(ii) completion of at least 24 semester credit 
                hours (or the equivalent) of study from an accredited 
                institution of higher education in accounting, 
                business, finance, law, contracts, purchasing, 
                economics, industrial management, marketing, 
                quantitative methods, and organization and management; 
                or
                    ``(iii) passage of an examination considered by the 
                Secretary of Defense to demonstrate skills, knowledge, 
                or abilities comparable to that of an individual who 
                has completed at least 24 semester credit hours (or the 
                equivalent) of study from an accredited institution of 
                higher education in any of the disciplines listed in 
                subparagraph (ii); and
                    ``(D) such additional requirements, based on the 
                dollar value, nature, and complexity of the contracts 
                awarded or administered pursuant to the appointment, as 
                may be established by the Federal Acquisition 
                Regulation or the Secretary of Defense for the 
                appointment.''.
    (d) Qualifications Standards.--Section 1724(b) of title 10, United 
States Code, is amended by adding at the end the following new 
sentence: ``The Secretary of Defense shall also require employees to 
meet any additional qualification requirements established by the 
Administrator of the Office of Federal Procurement Policy for senior 
contracting positions in the GS-1102 series pursuant to section 
37(g)(1)(ii) of the Office of Federal Procurement Policy Act (41 U.S.C. 
433(g)(1)(ii)).''.
    (e) Certification Examinations.--Section 1732(c)(2) of title 10, 
United States Code, is amended by striking ``is serving'' and all that 
follows through ``if the employee''.
    (f) Coursework Tuition.--Section 37(h)(2) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 433(h)(2)) is amended by striking 
``in accordance with'' and inserting ``notwithstanding the provisions 
of''.
    (g) Accelerated Promotions.--Section 37 of the Office of Federal 
Procurement Policy Act (41 U.S.C. 433) is further amended by adding at 
the end the following new subsection:
    ``(i) Recruitment and Promotions.--
            ``(1) Recruitment.--(A) For purposes of sections 3304, 
        5333, and 5753 of title 5, United States Code, the head of an 
        agency (including the Secretary of Defense) may determine that 
        certain Federal acquisition positions are `shortage category' 
        positions in order to recruit and directly hire employees with 
        unusually high qualifications, such as employees who--
                    ``(i) hold masters or equivalent degrees from 
                accredited institutions of higher education in business 
                administration, public administration, or systems 
                engineering; or
                    ``(ii) have had substantial, outstanding private 
                sector experience with commercial acquisition 
                practices, terms, and conditions.
            ``(B) Personnel actions under this paragraph shall be 
        subject to policies prescribed by the Office of Personnel 
        Management for direct recruitment, including the appointment of 
        a preference eligible as long as preference eligibles are 
        available who satisfy the stipulated high level of 
        qualifications.
            ``(2) Accelerated promotions.--(A) The Director of the 
        Office of Personnel Management shall authorize the rapid 
        promotion of Federal acquisition personnel (including personnel 
        in the Department of Defense) who satisfactorily complete 
        programs of training and education required by the Federal 
        Acquisition Regulation for positions at higher General Schedule 
        grade levels in their respective fields and otherwise meet or 
        exceed standards for satisfactory performance.
            ``(B) The heads of agencies may provide any such personnel 
        with a maximum of 2 promotions during any 52-week period.
            ``(C) No employee may be promoted under this paragraph 
        without adherence to competition requirements under law or 
        regulation.''.

SEC. 4. RESPONSIBILITIES FOR ACQUISITION WORKFORCE TRAINING.

    (a) Administrator for Federal Procurement Policy.--Section 6(d) of 
the Office of Federal Procurement Policy Act (41 U.S.C. 405) is 
amended--
            (1) by striking ``and'' at the end of paragraph (12);
            (2) in paragraph (13), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(14) establishing requirements for acquisition 
        professionals to obtain and maintain certification by a 
        relevant professional association or other entities as 
        authorized in the Federal Acquisition Regulation.''.
    (b) Federal Acquisition Regulatory Council.--Section 25(d) of the 
Office of Federal Procurement Policy Act (41 U.S.C. 421(d)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(2) review, approve, and promulgate in the Federal 
        Acquisition Regulation certification requirements, core 
        curricula, continuing education programs, and policy 
        implementation training recommended by the Director of the 
        Federal Acquisition Institute under section 6(d)(5)(F) and (J) 
        to ensure that instructional materials provided for the Federal 
        acquisition workforce accurately incorporate the provisions and 
        intent of the Federal Acquisition Regulation and are effective 
        in providing the skills and knowledge necessary to competently 
        implement those provisions and otherwise enable the workforce 
        to obtain the best value in awarding and administering Federal 
        contracts.''.
    (c) Federal Acquisition Institute.--Section 6(d) of the Office of 
Federal Procurement Policy Act (41 U.S.C. 405(d)) is amended--
            (1) in paragraph (5)(B), by inserting ``, and provide 
        fellowships and grants for researching acquisition issues'' 
        before the period;
            (2) by amending paragraph (5)(F) to read as follows:
                    ``(F) develop and recommend core curricula, 
                continuing education programs, policy implementation 
                training, and other instructional materials for 
                acquisition personnel in coordination with private and 
                public sector acquisition colleges and training 
                facilities (to the maximum extent practicable), and 
                integrate those instructional materials with electronic 
                performance support systems for just-in-time delivery 
                of initial and continuing education in critical duties 
                and tasks).'';
            (3) by striking ``and'' at the end of subparagraph (I);
            (4) by redesignating subparagraph (J) as subparagraph (K); 
        and
            (5) by inserting after subparagraph (I) the following new 
        subparagraph:
                    ``(J) enter into partnerships with private and 
                public sector employers of acquisition personnel and 
                with nonprofit professional associations in developing 
                and maintaining valid and reliable professional 
                certification programs for acquisition disciplines; 
                and''.

SEC. 5. FUNDING FOR ACQUISITION WORKFORCE TRAINING AND EDUCATION.

    Section 37(h) of the Office of Federal Procurement Policy Act (41 
U.S.C. 433) is amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) Funding levels.--(A)(i) The head of each executive 
        agency shall be responsible for ensuring adequate funding is 
        included in budget requests of the agency and for ensuring any 
        funds provided for the education and training of the 
        acquisition workforce are expended for such purposes.
            ``(ii) In requesting funding as a part of the budget 
        request of the agency, the agency head shall take into 
        consideration the results of the assessment of the performance 
        of the procurement system of the agency in terms of its 
        efficiency and effectiveness in supporting the agency in 
        accomplishing its mission, including the adequacy of the 
        education and training of the acquisition workforce and whether 
        the workforce has the necessary competencies, skills, and 
        knowledge to effectively support the achievement of the mission 
        of the agency.
            ``(B) The Administrator shall--
                    ``(i) review the agency budget requests to assess 
                the adequacy of funding levels for the education and 
                training of the acquisition workforce and make 
                recommendations to the agency head for adjustments of 
                the funding levels, as appropriate;
                    ``(ii) include sufficient funds in the budget 
                recommended to the Administrator of General Services 
                for the Federal Acquisition Institute in accordance 
                with section 6(d)(5) for the development and 
                maintenance of the instructional materials for the core 
                curricula, policy implementation training, and for the 
                development of technology-based learning tools and 
                support systems that will benefit the acquisition 
                workforce across the Federal Government;
                    ``(iii) prepare a report for inclusion in the 
                President's annual budget on the amounts requested by 
                agencies in terms of adequacy for accomplishing the 
                purposes of this section, and for maintaining an 
                efficient and effective acquisition system (including 
                information on recommended funding levels for the 
                Federal Acquisition Institute);
                    ``(iv) in preparing the report under clause (iii), 
                and after consulting with the head of each affected 
                executive agency, recommend any appropriate 
                consolidation of funding for interagency acquisition 
                training and education programs and provide information 
                on actual outlays in prior fiscal years for acquisition 
                training and education along with an evaluation of the 
                effectiveness of those programs in providing the 
                workforce with the necessary competencies, skills, and 
                knowledge.
            ``(C) The President shall include the report in the annual 
        budget submitted pursuant to section 1105 of title 31, United 
        States Code.''; and
    (2) by adding at the end the following new paragraph:
            ``(3) Professional organizations.--Notwithstanding section 
        4109(b) of title 5, United States Code, the head of an 
        executive agency may pay membership fees and fees for 
        certification testing for individual employees to organizations 
        to further acquisition professionalism.''.

SEC. 6. EVALUATION BY THE COMPTROLLER GENERAL.

    The Comptroller General shall conduct an independent evaluation of 
the actions taken by executive agencies to carry out the requirements 
of section 37 of the Office of Federal Procurement Policy Act. On or 
before February 10, 2000, the Comptroller General shall submit to the 
Committee on Government Reform and Oversight of the House of 
Representatives and the Committee on Governmental Affairs of the Senate 
a report on the evaluation required by this section. Such report shall 
include--
            (1) an analysis of the effectiveness of the actions taken 
        by executive agencies to carry out such requirements; and
            (2) any legislative and administrative recommendations that 
        the Comptroller General considers appropriate to meet the 
        objectives of that section.

SEC. 7. FUNDING.

    (a) In General.--(1) Funds described in subsection (b) may be 
transferred to an account of the Office of Management and Budget for 
use by the Administrator of the Office of Federal Procurement Policy 
for the purpose of administering Governmentwide acquisition workforce 
training activities and related purposes consistent with the objectives 
of the Office of Management and Budget.
    (2) The specific amounts to be transferred under this section shall 
be determined jointly by the Director of the Office of Management and 
Budget and the head of the applicable department or agency.
    (3) Funds transferred under this section shall remain available for 
obligation until expended.
    (b) Funds Available for Transfer.--Funds available for transfer 
under this section are funds appropriated for fiscal year 1993 or a 
subsequent fiscal year.
    (c) Limitations.--(1) Funds may be transferred under this section 
not later than the end of the fifth fiscal year after the fiscal year 
for which funds are appropriated or otherwise made available.
    (2) The aggregate amount to be transferred in any fiscal year under 
this section shall not exceed the lesser of--
            (A) the amount that is 20 percent of the unobligated 
        balance of funds appropriated for operating expenses and salary 
        and other expenses available to each department and agency 
        during the fiscal year for which the funds are appropriated; or
            (B) $30,000,000.
    (3) Funds transferred under this section shall only be made 
available if--
            (A) the Director of the Office of Management and Budget 
        notifies the Chairmen of the Committees on Appropriations of 
        the House of Representatives and the Senate of the proposed 
        transfer of such funds; and
            (B) 30 days have elapsed following the date of such 
        notification.
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