[Congressional Record Volume 157, Number 50 (Thursday, April 7, 2011)]
[Senate]
[Pages S2270-S2272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Ms. COLLINS (for herself, Mr. Akaka, and Mrs. McCaskill):
  S. 761. 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; to the 
Committee on Homeland Security and Governmental Affairs.
  Ms. COLLINS. Mr. President. I rise today to introduce two bills that 
would lay a strong foundation to improve the Federal acquisition 
system.
  The first bill, the Acquisition Workforce Improvement Act of 2011, S. 
761, co-sponsored by Senators Akaka and McCaskill, would create a 
Federal acquisition management fellows program to develop a new 
generation of acquisition leaders with government-wide perspective, 
skills, and experience.
  The second bill, the Federal Acquisition Institute Improvement Act of 
2011, S. 762, co-sponsored by Senators Akaka, McCaskill and Brown of 
Massachusetts, would provide much-needed organizational clarity to 
enable the Federal Acquisition Institute (FAI) to fulfill its mission 
of facilitating career development and better management of the federal 
acquisition workforce.
  The Federal acquisition system is under tremendous stress. Between 
fiscal years 2000 and 2010, acquisition spending by the federal 
government expanded by 163 percent, from $205 billion to $535 billion. 
The necessary costs of military operations, natural disasters, homeland 
security precautions, and other vital programs will continue to strain 
the acquisition system in the years ahead.
  This unprecedented level of purchasing creates abundant opportunities 
for fraud, waste, and abuse. We have seen far too many outrageous 
failures in government contracting. The Secure Border Initiative 
Network, the Census Bureau's handheld computers for the 2010 Census, 
and the Marine Presidential Helicopter programs are among recent, 
notorious and costly acquisition failures, which we can ill afford.
  These and other failures demand strong steps to protect taxpayer 
dollars and deliver better acquisition outcomes.
  As a long-time advocate for stronger competition, accountability, and 
transparency in government contracting, I recognize the actions the 
Administration has taken recently to improve federal contracting. Many 
of these initiatives originated from legislation I co-authored with 
Senator Lieberman during the 110th Congress.
  But, no matter how many laws we pass or guidance documents OMB 
issues, the effectiveness of our Federal acquisition system ultimately 
depends on a vital human component--the acquisition workforce.
  While contract spending has risen dramatically, the number of 
acquisition professionals who help plan, award, and oversee these 
contracts has been stagnant. And with roughly half of the current 
acquisition workforce eligible to retire by 2018, the difficulties of 
strengthening that workforce are becoming increasingly acute. A well-
trained and adequately sized acquisition workforce is critical to 
managing and overseeing federal spending and the increasingly complex 
procurements of services and goods.
  The two pieces of legislation I am introducing today are designed to 
address these important long-term goals.
  The Acquisition Workforce Improvement Act would create a centrally 
managed, Government-wide Acquisition Management Fellows Program that 
combines both a Master's degree-level academic curriculum and on-the-
job training in multiple federal agencies. By partnering with leading 
universities that have specialized government acquisition programs, the 
government can attract top-caliber students and retain our best 
government employees who are interested in pursuing both academic 
advancement and public service.
  Compared to the several existing, agency-specific intern programs, 
this government-wide program would provide a much-needed skill set that 
we currently do not have in sufficient number; that is, acquisition 
professionals with multi-agency and multi-disciplinary training who can 
understand and manage government-wide acquisition needs and 
perspectives.
  Considering that interagency acquisition now accounts for 
approximately 40 percent of the Federal Government's entire contract 
spending, and that GAO has designated the management of interagency 
contracting a high-risk area since 2005, it is evident that we need to 
develop future acquisition leaders who understand government-wide needs 
and perspectives and are able to operate effectively outside of the 
traditional, single-agency environment.
  Specifically, the Acquisition Management Fellows Program would 
include one academic year of full-time, on-campus training followed by 
2 years of on-the-job and part-time training toward a Masters or 
equivalent graduate degree in related fields; and a curriculum that 
would include rotational assignments at three or more executive 
agencies covering, among other issues, acquisition planning, cost-
estimating, formation and post-award administration of ``high risk'' 
contract types, and interagency contracts.
  Upon graduation, participants will have completed all required, non-
agency-specific training courses necessary for a basic contracting 
officer warrant.
  In addition, participants would be required to enter into a service 
commitment to ensure the Federal Government receives a proper return on 
its investment. The service commitment would be no less than 1 year for 
each year a participant is in the program, and would require 
reimbursement of funds for those who do not successfully complete the 
program or do not fulfill the minimum service requirements.
  Our second bill, the Federal Acquisition Institute Improvement Act, 
would strengthen the Federal Acquisition Institute, FAI, whose key 
responsibilities are to promote career development and strategic human 
capital management for the entire civilian acquisition workforce.
  The FAI has remained largely underutilized due to a lack of 
organizational clarity, the disproportionate funding compared to its 
counterpart in the Department of Defense, and its intermittent use by a 
few Federal agencies.
  The proposed legislation would establish a clear line of 
responsibility and accountability for the Institute by requiring that 
FAI, through its Board of Directors, report directly to the Office of 
Federal Procurement Policy, OFPP; the director of FAI be appointed by 
the OFPP Administrator, and report directly to the OFPP Associate 
Administrator for Acquisition Workforce; all existing civilian agency 
training programs follow guidelines issued by OFPP, which would ensure 
consistent training standards necessary to develop uniform core 
competencies; and the OFPP Administrator report annually to 
Congressional committees of jurisdiction projected FAI budget needs and 
expense plans to fulfill its statutory mandate.
  With respect to its core government-wide functions, FAI would be 
required to provide and keep current government-wide training standards 
and certification requirements including ensuring effective agency 
implementation of government-wide training and certification standards; 
analyzing the curriculum to ascertain if all certification competencies 
are covered, or if adjustments are necessary; developing career-path 
information for certified professionals to encourage retention in 
government positions; and coordinating with the Office of Personnel 
Management for human capital efforts.
  The administration has identified acquisition workforce development 
as a pillar for improving acquisition practices and contract 
performance. While I fully agree with this goal, we need specific and 
concrete action to solve this problem.
  Our legislation would prompt the sustained effort necessary to 
rebuild the acquisition workforce. While this will take time and 
investment, I am confident this is a wise investment that will yield 
substantial returns. Just think about it: if our better-trained 
acquisition professionals can prevent one failed procurement, it can 
save the taxpayer hundreds of millions of dollars. If they can avoid 
overpaying one percent of our contract spending, it

[[Page S2271]]

will save the taxpayer more than five billion dollars each year. The 
numbers speak for themselves.
  The Acquisition Workforce Improvement Act and the Federal Acquisition 
Institute Improvement Act are critically needed and both enjoy 
bipartisan support. I encourage my colleagues to support them.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                 S. 761

       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 ``Acquisition Workforce 
     Improvement Act of 2011''.

     SEC. 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:

     ``Sec. 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.

     SEC. 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

[[Page S2272]]

     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.
                                 ______