II 112th CONGRESS 1st Session S. 761 IN THE SENATE OF THE UNITED STATES April 7 (legislative day, April 5), 2011 Ms. Collins (for herself, Mr. Akaka, and Mrs. McCaskill) introduced the following bill; which was read twice and referred to the Committee on Homeland Security and Governmental Affairs A BILL To improve the acquisition workforce through the establishment of an acquisition management fellows program and a leadership development training program, and for other purposes.

1.

Short title

This Act may be cited as the Acquisition Workforce Improvement Act of 2011.

2.

Government-wide acquisition management fellows program

(a)

Establishment of acquisition management fellows workforce program

(1)

In general

Chapter 17 of title 41, United States Code, is amended by adding at the end the following new section:

1714.

Government-wide acquisition management fellows program

(a)

Establishment of program

Not later than 180 days after the date of the enactment of the Acquisition Workforce Improvement Act of 2011, the Administrator shall establish a government-wide acquisition management fellows program (in this section referred to as the program) for the purpose of investing in the long-term improvement and sustained excellence of the Federal acquisition workforce. (b)

Objectives

The objectives of the program shall be as follows: (1)To develop a new generation of acquisition leaders with government-wide perspective, skills, and experience. (2)To recruit individuals with the outstanding academic merit, ethical value, business acumen, and leadership skills to meet the acquisition needs of the Federal Government. (3)To offer, upon completion of the program, opportunities for advancement, competitive compensation, and leadership opportunities at various executive agencies. (c)

Structure

(1)

Contracts, grants, and cooperative agreements

The Office of Federal Procurement Policy shall enter into contracts, grants, or cooperative agreements with one or more qualified universities with demonstrated expertise in Federal Government acquisition. (2)

Training

The program shall consist of one academic year of full-time, on-campus training followed by two years of on-the-job and part-time training toward a Masters or equivalent graduate degree in related fields. (3)

Curriculum

The curriculum of the program shall include the following elements: (A)Rotational assignments at three or more executive agencies covering all phases of the contract life cycle, from acquisition planning to contract formation and post-award administration of contract types identified in part 16 of the Federal Acquisition Regulation, and including interagency contracts, contract cost and pricing, and negotiation techniques. (B)All required non-agency-specific training courses necessary for basic contracting officer warrant as established by the Office of Federal Procurement Policy. (C)Emphasis on transparency, accountability, and integrity in the public contracting process. (D)Other necessary courses and education as required by participating universities. (4)

Priority for employment

To the extent permitted by law, the head of each executive agency shall give priority to graduates of the program for purposes of hiring employees in the acquisition field, based on performance during the program and other qualifications, and shall compensate such graduates at an initial GS–12 level of the General Schedule, or equivalent, with the potential for a GS–13 level of compensation, or equivalent, upon one year of satisfactory performance. (d)

Size

The total number of individuals entering the program each year may not exceed 200. There shall be at least 50 participants in the first year of the program, 100 participants in the second year, and 150 participants thereafter. (e)

Elements

In carrying out the program, the Administrator shall— (1)enter into one or more contracts, grants, or cooperative agreements with qualified universities having an expertise in Federal Government acquisition and the resources to administer the program independently; (2)be responsible for the management and oversight of the overall program and for placement of individuals upon graduation; (3)allow participating universities to select and to remove program participants in accordance with the established academic process for such graduate degree programs; (4)ensure that veterans (as that term is defined in section 101(2) of title 38) are given priority as candidates for participation in the program; and (5)periodically review the career development of the program participants upon placement and make necessary adjustments to the program to ensure the objectives are met. (f)

Service agreement

(1)

Commitment for Federal service

A person selected for participation in the program shall commit to employment with the Federal Government in the field of acquisition, following completion of the program, under such terms and conditions as the Administrator considers appropriate to ensure the Federal Government receives proper return on investment. Such employment shall be for a term of not less than one year for each year in the program. (2)

Reimbursement of funds

In cases of candidates who do not successfully complete the program or do not fulfill the minimum service requirements, the candidates shall be required to reimburse the Federal Government for funds received under the program. (g)

OFPP Acquisition Fellows Development Fund

(1)

Establishment

There is hereby established in the Treasury of the United States a fund to be known as the OFPP Acquisition Fellows Development Fund (in this section referred to as the Fund). (2)

Use of funds

Amounts in the Fund shall be used for— (A)the establishment and operations of the program; (B)the award of contracts, grants, or cooperative agreements to cover expenses including— (i)tuition, books, materials, and other academic expenses; (ii)room and board of students during the time students are enrolled in the program; (iii)expenses for travel as required by the program; (iv)stipends; and (v)other necessary expenses the Administrator considers necessary. (3)

Deposits to fund

(A)

In general

The Fund shall consist of amounts appropriated or otherwise made available to the Fund. (B)

Transfer

The Administrator may transfer necessary amounts from the Acquisition Workforce Training Fund (AWTF) established under section 1703(i) of this title to provide an initial deposit or to augment the Fund. (C)

Department of Defense participation

If the Department of Defense elects to participate in the program, it shall provide necessary funds, commensurate to the share of participants it sponsors, from proceeds available pursuant to section 1703(i)(5) of this title or section 1705 of title 10.

. (2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item: 1714. Government-wide acquisition management fellows program. . (b)

Reports

(1)

Initial report

Not later than 120 days after the date of the enactment of this Act, the Administrator shall submit to the appropriate congressional committees a preliminary report on the program, including a description of the program and the five-year budget needed to carry out the government-wide acquisition management fellows program established under section 1714 of title 41, United States Code, as added by subsection (a). (2)

Annual report

Not later than one year after the commencement of the program and annually thereafter, the Administrator shall submit to the appropriate congressional committees a report on the program. The report shall include— (A)a description of the activities under the program, including the number of individuals who participated in the program and the training provided such individuals under the program; (B)an assessment of the effectiveness of the program in meeting the objectives of the program, including the performance of each university administering the program; and (C)any recommendations for additional legislative or administrative action that the Administrator considers appropriate in light of the program. (3)

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means— (A)the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (B)the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives. (c)

Authorization of appropriations

There are authorized to be appropriated for the OFPP Acquisition Fellows Development Fund the following amounts: (1)For fiscal year 2012, $16,000,000. (2)For fiscal year 2013, $32,000,000. (3)For fiscal year 2014, and each fiscal year thereafter, $48,000,000.

3.

Leadership development training program

(a)

Establishment of leadership development training program

(b)

Establishment of training program

Not later than 180 days after the date of the enactment of this Act, Administrator for Federal Procurement Policy shall establish a leadership development training program for Federal employees focused on core leadership and acquisition competencies. The purpose of the training program shall be to foster the development of high performing individuals in the three core acquisition disciplines of contracting, program management, and cost estimating to serve as future acquisition leaders. (c)

Objectives

The objectives of the program shall be as follows: (1)To develop a new generation of acquisition leaders in the three major acquisition disciplines currently in the Federal workforce in order to expand and improve the quality of the acquisition workforce. (2)To develop high performing Federal employees in the three major acquisition disciplines to provide opportunities for advancement into leadership positions. (3)To enhance the ability to foster networking and understanding among the three major acquisition disciplines to achieve desired acquisition outcomes. (d)

Structure

(1)

Cooperative agreement

The Office of Federal Procurement Policy shall enter into cooperative agreements with one or more institutions of higher learning as prescribed under Office of Management and Budget Circular A–102, Grants and Cooperative Agreements with State and Local Governments to develop and implement the training program. (2)

Participants

The training program participants shall be composed of an equal distribution of the three targeted acquisition disciplines. (3)

Program selection official

The Director of the Federal Acquisition Institute shall be the program selection official. (4)

Training

The program shall consist of 18 months of academic classroom training. The participants shall complete the training during normal duty hours, and shall remain at their current duty station during any such hours not spent in training. Upon successful completion of the program, participants shall receive a Master's Degree in Public Administration with a concentration in Federal acquisition. (5)

Curriculum

The curriculum of the program shall be developed by the partnering institution or institutions of higher learning and approved by the Director of the Federal Acquisition Institute. (e)

Size

The total number of individuals entering the pilot program shall be not less than 50. There shall be an equal composition of the three acquisition functions. (f)

Elements

In carrying out the program, the Administrator for Federal Procurement Policy shall— (1)enter into cooperative agreements with one or more institutions of higher learning to provide for the management and oversight of the training program; and (2)collaborate with such institution or institutions to develop learning objectives and to design classroom training to best meet the program objectives. (g)

Service agreement

(1)

Commitment for Federal service

A person selected for participation in the program shall commit to employment for not less than 2 years with the Federal Government in the field of acquisition, following completion of the program, under such terms and conditions as the Administrator for Federal Procurement Policy considers appropriate to ensure the Federal Government receives proper return on investment. (2)

Reimbursement of Funds

In cases where a participant does not complete the minimum employment commitment, the participant shall reimburse the Federal Government for a prorated share of the cost of the training, based on the proportion of the commitment that remains unfulfilled. (h)

Use of Funds

Amounts in the Acquisition Workforce Training Fund (AWTF) established under section 1703(i) of title 41, United States Code, may be made available for the program and may be used for— (1)the establishment and operations of the program, including planning and administration; (2)classroom training expenses, including— (A)tuition; (B)books; and (C)other necessary expenses the Administrator for Federal Procurement Policy considers necessary. (i)

Reports

(1)

In general

Not later than 90 days after the commencement of the training program, and semi-annually thereafter, the Administrator for Federal Procurement Policy shall submit to the appropriate congressional committees a report on the program. (2)

Content

The report required under paragraph (1) shall include— (A)a description of the activities under the training program, including the number of individuals who participated in the program and the training provided such individuals under the program; (B)an assessment of the effectiveness of the program in meeting the objectives of the program, including the performance of the partnering institution or institutions of higher learning; (C)recommendations for additional legislative or administrative action that the Administrator for Federal Procurement Policy considers appropriate in light of the program; and (D)workforce data to support the return on investment, including retention rates and improvement in workforce quality. (3)

Appropriate congressional committees defined

In this subsection, the term appropriate congressional committees means— (A)the Committee on Homeland Security and Governmental Affairs and the Committee on Appropriations of the Senate; and (B)the Committee on Oversight and Government Reform and the Committee on Appropriations of the House of Representatives. (j)

Authorization of appropriations

There are authorized to be appropriated for the Leadership Development Training Program the following amounts: (1)For fiscal year 2012, $500,000. (2)For fiscal year 2013, $250,000.