[Congressional Record Volume 156, Number 164 (Monday, December 13, 2010)]
[Senate]
[Pages S8947-S8948]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         FEDERAL ACQUISITION INSTITUTE IMPROVEMENT ACT OF 2009

  Mr. DURBIN. I ask unanimous consent that the Senate proceed to 
Calendar No. 679, S. 2902.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 2902) to improve the Federal Acquisition 
     Institute.

  There being no objection, the Senate proceeded to consider the 
bill, which had been reported from the Committee on Homeland Security 
and Governmental Affairs, with an amendment to strike all after the 
enacting clause and insert in lieu thereof the following:

     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.

[[Page S8948]]

       ``(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.

  Mr. DURBIN. Madam President, I ask unanimous consent that the 
committee-reported substitute amendment be agreed to, the bill as 
amended be read a third time and passed, the motions to reconsider be 
laid upon the table, and any statements be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 2902), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.

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