[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2902 Engrossed in Senate (ES)]

111th CONGRESS
  2d Session
                                S. 2902

_______________________________________________________________________

                                 AN ACT


 
             To improve the Federal Acquisition Institute.

    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 ``Federal Acquisition Institute Act of 
2010''.

SEC. 2. ACQUISITION WORKFORCE IMPROVEMENTS.

    (a) Workforce Improvements.--
            (1) In general.--Section 855 of the National Defense 
        Authorization Act for Fiscal Year 2008 (41 U.S.C. 433a) is 
        transferred so as to appear after section 37 of the Office of 
        Federal Procurement Policy Act (41 U.S.C. 433), redesignated as 
        section 37A of the Office of Federal Procurement Policy Act, 
        and amended--
                    (A) in subsection (a)--
                            (i) 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.'';
                            (ii) 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.'';
                            (iii) by redesignating paragraph (5) as 
                        subparagraph (6);
                            (iv) in paragraph (4), by striking ``; 
                        and'' and inserting a semicolon; and
                            (v) by inserting after paragraph (4) the 
                        following new paragraph:
            ``(5) implementing workforce programs under subsections (f) 
        through (i) of section 37; and''; and
                    (B) by striking subsection (h) and inserting the 
                following new subsections:
    ``(h) Federal Acquisition Institute.--
            ``(1) In general.--There is established a Federal 
        Acquisition Institute (FAI) in order to--
                    ``(A) foster and promote the development of a 
                professional acquisition workforce Government-wide;
                    ``(B) 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;
                    ``(C) 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;
                    ``(D) periodically analyze acquisition career 
                fields to identify critical competencies, duties, 
                tasks, and related academic prerequisites, skills, and 
                knowledge;
                    ``(E) coordinate and assist agencies in identifying 
                and recruiting highly qualified candidates for 
                acquisition fields;
                    ``(F) develop instructional materials for 
                acquisition personnel in coordination with private and 
                public acquisition colleges and training facilities;
                    ``(G) evaluate the effectiveness of training and 
                career development programs for acquisition personnel;
                    ``(H) promote the establishment and utilization of 
                academic programs by colleges and universities in 
                acquisition fields;
                    ``(I) facilitate, to the extent requested by 
                agencies, interagency intern and training programs; and
                    ``(J) perform other career management or research 
                functions as directed by the Administrator.
            ``(2) Budget resources and authority.--
                    ``(A) In general.--The Director of the Office of 
                Management and Budget and the Administrator of General 
                Services shall provide the Federal Acquisition 
                Institute with the necessary budget resources and 
                authority to support government-wide training standards 
                and certification requirements necessary to enhance the 
                mobility and career opportunities of the Federal 
                acquisition workforce.
                    ``(B) Acquisition workforce training fund.--Subject 
                to the availability of funds, the Administer of General 
                Services shall provide the Federal Acquisition 
                Institute with amounts from the acquisition workforce 
                training fund established under section 37(h)(3) 
                sufficient to meet the annual budget for the Federal 
                Acquisition Institute requested by the Administrator 
                for Federal Procurement Policy.
            ``(3) Federal acquisition institute board of directors.--
                    ``(A) Reporting to administrator.--The Federal 
                Acquisition Institute shall report through its Board of 
                Directors directly to the Administrator for Federal 
                Procurement Policy.
                    ``(B) 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.
                    ``(C) Duties.--The Board shall provide general 
                direction to the Federal Acquisition Institute to 
                ensure that the Institute--
                            ``(i) meets its statutory requirements;
                            ``(ii) meets the needs of the Federal 
                        acquisition workforce;
                            ``(iii) implements appropriate programs;
                            ``(iv) coordinates with appropriate 
                        organizations and groups that have an impact on 
                        the Federal acquisition workforce;
                            ``(v) develops and implements plans to meet 
                        future challenges of the Federal acquisition 
                        workforce; and
                            ``(vi) works closely with the Defense 
                        Acquisition University.
                    ``(D) Recommendations.--The Board shall make 
                recommendations to the Administrator regarding the 
                development and execution of the annual budget of the 
                Federal Acquisition Institute.
            ``(4) Director.--The Director of the Federal Acquisition 
        Institute shall be appointed by, and report directly to, the 
        Administrator.
    ``(i) Government-wide Training Standards and Certification.--The 
Administrator for Federal Procurement Policy, acting through the 
Federal Acquisition Institute, shall provide and update government-wide 
training standards and certification requirements, including--
            ``(1) developing and modifying acquisition certification 
        programs;
            ``(2) ensuring quality assurance for agency implementation 
        of government-wide training and certification standards;
            ``(3) analyzing the acquisition training curriculum to 
        ascertain if all certification competencies are covered or if 
        adjustments are necessary;
            ``(4) developing career path information for certified 
        professionals to encourage retention in government positions;
            ``(5) coordinating with the Office of Personnel Management 
        for human capital efforts; and
            ``(6) managing rotation assignments to support 
        opportunities to apply skills included in certification.
    ``(j) 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.
    ``(k) 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 FAI to fulfill its mandate.
    ``(l) Chief Acquisition Officer Defined.--In this section, the term 
`Chief Acquisition Officer' means a Chief Acquisition Officer for an 
executive agency appointed pursuant to section 16.''.
            (2) Expanded scope of acquisition workforce training 
        fund.--Section 37(h)(3) of the Office of Federal Procurement 
        Policy Act (41 U.S.C. 433(h)(3)) is amended--
                    (A) in subparagraph (A), by striking ``to support 
                the training of the acquisition workforce of the 
                executive agencies'' and inserting ``to support the 
                activities set forth in section 37A(h)(1)''; and
                    (B) in subparagraph (E), by striking ``ensure that 
                funds collected for training under this section are not 
                used for any purpose other than the purpose specified 
                in subparagraph (A)'' and inserting ``ensure that funds 
                collected under this section are not used for any 
                purpose other than the activities set forth in section 
                37A(h)(1)''.
    (b) Conforming Amendment.--Section 6(d)(5) of the Office of Federal 
Procurement Policy Act (41 U.S.C. 405(d)(5)) is amended to read as 
follows:
            ``(5) providing for and directing the activities of the 
        Federal Acquisition Institute established under section 37A, 
        including recommending to the Administrator of General Services 
        a sufficient budget for such activities;''.
    (c) 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.

            Passed the Senate December 13, 2010.

            Attest:

                                                             Secretary.
111th CONGRESS

  2d Session

                                S. 2902

_______________________________________________________________________

                                 AN ACT

             To improve the Federal Acquisition Institute.