I 

111TH CONGRESS 

2D SESSION S. 2902 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 14, 2010 

Referred to the Committee on Oversight and Government Reform 

AN ACT 

To improve the Federal Acquisition Institute. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Federal Acquisition 

3 Institute Act of 2010’’. 

4 SEC. 2. ACQUISITION WORKFORCE IMPROVEMENTS. 

5 (a) WORKFORCE IMPROVEMENTS.— 

6 (1) IN GENERAL.—Section 855 of the National 

7 Defense Authorization Act for Fiscal Year 2008 (41 

8 U.S.C. 433a) is transferred so as to appear after 

9 section 37 of the Office of Federal Procurement Pol10 icy Act (41 U.S.C. 433), redesignated as section 

11 37A of the Office of Federal Procurement Policy 

12 Act, and amended— 

13 (A) in subsection (a)— 

14 (i) by inserting after the first sentence 

15 the following: ‘‘The Associate Adminis16 trator shall be chosen on the basis of dem17 onstrated knowledge and expertise in ac18 quisition, human capital, and manage19 ment.’’; 

20 (ii) by striking ‘‘The Associate Admin21 istrator for Acquisition Workforce Pro22 grams shall be located in the Federal Ac23 quisition Institute (or its successor).’’ and 

24 inserting ‘‘The Associate Administrator 

25 shall be located in the Office of Federal 

26 Procurement Policy.’’; 


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1 (iii) by redesignating paragraph (5) as 

2 subparagraph (6); 

3 (iv) in paragraph (4), by striking ‘‘; 

4 and’’ and inserting a semicolon; and 

5 (v) by inserting after paragraph (4) 

6 the following new paragraph: 

7 ‘‘(5) implementing workforce programs under 

8 subsections (f) through (i) of section 37; and’’; and 

9 (B) by striking subsection (h) and insert10 ing the following new subsections: 

11 ‘‘(h) FEDERAL ACQUISITION INSTITUTE.— 

12 ‘‘(1) IN GENERAL.—There is established a Fed13 eral Acquisition Institute (FAI) in order to— 

14 ‘‘(A) foster and promote the development 

15 of a professional acquisition workforce Govern16 ment-wide; 

17 ‘‘(B) promote and coordinate Government18 wide research and studies to improve the pro19 curement process and the laws, policies, meth20 ods, regulations, procedures, and forms relating 

21 to acquisition by the executive agencies; 

22 ‘‘(C) collect data and analyze acquisition 

23 workforce data from the Office of Personnel 

24 Management, the heads of executive agencies, 


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1 and, through periodic surveys, from individual 

2 employees; 

3 ‘‘(D) periodically analyze acquisition career 

4 fields to identify critical competencies, duties, 

5 tasks, and related academic prerequisites, skills, 

6 and knowledge; 

7 ‘‘(E) coordinate and assist agencies in 

8 identifying and recruiting highly qualified can9 didates for acquisition fields; 

10 ‘‘(F) develop instructional materials for ac11 quisition personnel in coordination with private 

12 and public acquisition colleges and training fa13 cilities; 

14 ‘‘(G) evaluate the effectiveness of training 

15 and career development programs for acquisi16 tion personnel; 

17 ‘‘(H) promote the establishment and utili18 zation of academic programs by colleges and 

19 universities in acquisition fields; 

20 ‘‘(I) facilitate, to the extent requested by 

21 agencies, interagency intern and training pro22 grams; and 

23 ‘‘(J) perform other career management or 

24 research functions as directed by the Adminis25 trator. 


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1 ‘‘(2) BUDGET RESOURCES AND AUTHORITY.— 

2 ‘‘(A) IN GENERAL.—The Director of the 

3 Office of Management and Budget and the Ad4 ministrator of General Services shall provide 

5 the Federal Acquisition Institute with the nec6 essary budget resources and authority to sup7 port government-wide training standards and 

8 certification requirements necessary to enhance 

9 the mobility and career opportunities of the 

10 Federal acquisition workforce. 

11 ‘‘(B) ACQUISITION WORKFORCE TRAINING

12 FUND.—Subject to the availability of funds, the 

13 Administer of General Services shall provide the 

14 Federal Acquisition Institute with amounts 

15 from the acquisition workforce training fund es16 tablished under section 37(h)(3) sufficient to 

17 meet the annual budget for the Federal Acqui18 sition Institute requested by the Administrator 

19 for Federal Procurement Policy. 

20 ‘‘(3) FEDERAL ACQUISITION INSTITUTE BOARD

21 OF DIRECTORS.— 

22 ‘‘(A) REPORTING TO ADMINISTRATOR.— 

23 The Federal Acquisition Institute shall report 

24 through its Board of Directors directly to the 

25 Administrator for Federal Procurement Policy. 


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1 ‘‘(B) COMPOSITION.—The Board shall be 

2 composed of not more than 8 individuals from 

3 the Federal Government representing a mix of 

4 acquisition functional areas, all of whom shall 

5 be appointed by the Administrator. 

6 ‘‘(C) DUTIES.—The Board shall provide 

7 general direction to the Federal Acquisition In8 stitute to ensure that the Institute— 

9 ‘‘(i) meets its statutory requirements; 

10 ‘‘(ii) meets the needs of the Federal 

11 acquisition workforce; 

12 ‘‘(iii) implements appropriate pro13 grams; 

14 ‘‘(iv) coordinates with appropriate or15 ganizations and groups that have an im16 pact on the Federal acquisition workforce; 

17 ‘‘(v) develops and implements plans to 

18 meet future challenges of the Federal ac19 quisition workforce; and 

20 ‘‘(vi) works closely with the Defense 

21 Acquisition University. 

22 ‘‘(D) RECOMMENDATIONS.—The Board 

23 shall make recommendations to the Adminis24 trator regarding the development and execution 


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1 of the annual budget of the Federal Acquisition 

2 Institute. 

3 ‘‘(4) DIRECTOR.—The Director of the Federal 

4 Acquisition Institute shall be appointed by, and re5 port directly to, the Administrator. 

6 ‘‘(i) GOVERNMENT-WIDE TRAINING STANDARDS AND

7 CERTIFICATION.—The Administrator for Federal Pro8 curement Policy, acting through the Federal Acquisition 

9 Institute, shall provide and update government-wide train10 ing standards and certification requirements, including— 

11 ‘‘(1) developing and modifying acquisition cer12 tification programs; 

13 ‘‘(2) ensuring quality assurance for agency im14 plementation of government-wide training and cer15 tification standards; 

16 ‘‘(3) analyzing the acquisition training cur17 riculum to ascertain if all certification competencies 

18 are covered or if adjustments are necessary; 

19 ‘‘(4) developing career path information for cer20 tified professionals to encourage retention in govern21 ment positions; 

22 ‘‘(5) coordinating with the Office of Personnel 

23 Management for human capital efforts; and 

24 ‘‘(6) managing rotation assignments to support 

25 opportunities to apply skills included in certification. 


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1 ‘‘(j) ACQUISITION INTERNSHIP AND TRAINING PRO2 GRAMS.—All Federal civilian agency acquisition internship 

3 or acquisition training programs shall follow guidelines 

4 provided by the Office of Federal Procurement Policy to 

5 ensure consistent training standards necessary to develop 

6 uniform core competencies throughout the Federal Gov7 ernment. 

8 ‘‘(k) ANNUAL REPORT.—The Administrator shall 

9 submit to the Committee on Homeland Security and Gov10 ernmental Affairs and the Committee on Appropriations 

11 of the Senate and the Committee on Oversight and Gov12 ernment Reform and the Committee on Appropriations of 

13 the House of Representatives an annual report on the pro14 jected budget needs and expense plans of the FAI to fulfill 

15 its mandate. 

16 ‘‘(l) CHIEF ACQUISITION OFFICER DEFINED.—In 

17 this section, the term ‘Chief Acquisition Officer’ means a 

18 Chief Acquisition Officer for an executive agency ap19 pointed pursuant to section 16.’’. 

20 (2) EXPANDED SCOPE OF ACQUISITION WORK21 FORCE TRAINING FUND.—Section 37(h)(3) of the 

22 Office of Federal Procurement Policy Act (41 U.S.C. 

23 433(h)(3)) is amended— 

24 (A) in subparagraph (A), by striking ‘‘to 

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1 force of the executive agencies’’ and inserting 

2 ‘‘to support the activities set forth in section 

3 37A(h)(1)’’; and 

4 (B) in subparagraph (E), by striking ‘‘en5 sure that funds collected for training under this 

6 section are not used for any purpose other than 

7 the purpose specified in subparagraph (A)’’ and 

8 inserting ‘‘ensure that funds collected under 

9 this section are not used for any purpose other 

10 than the activities set forth in section 

11 37A(h)(1)’’. 

12 (b) CONFORMING AMENDMENT.—Section 6(d)(5) of 

13 the Office of Federal Procurement Policy Act (41 U.S.C. 

14 405(d)(5)) is amended to read as follows: 

15 ‘‘(5) providing for and directing the activities of 

16 the Federal Acquisition Institute established under 

17 section 37A, including recommending to the Admin18 istrator of General Services a sufficient budget for 

19 such activities;’’. 

20 (c) RULE OF CONSTRUCTION.—Nothing in this sec21 tion, or the amendments made by this section, shall be 

22 construed to preclude the Secretary of Defense from es23 tablishing acquisition workforce policies, procedures, 

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1 quisition positions in the Department of Defense, as pro2 vided in chapter 87 of title 10, United States Code. 

Passed the Senate December 13, 2010. 

Attest: NANCY ERICKSON, 

Secretary. 


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