HR 5414 RH 
each executive agency shall make available information on those 
career paths. 
(B) CRITICAL DUTIES AND TASKS.—For each career path, the 
head of each executive agency shall identify the critical acquisition- 
related duties and tasks in which, at minimum, employees of the 
agency in the career path shall be competent to perform at full 
performance grade levels. For this purpose, the head of the execu-
tive agency shall provide appropriate coverage of the critical duties 
and tasks identified by the Director of the Federal Acquisition In-
stitute. 
(C) MANDATORY TRAINING AND EDUCATION.—For each career 
path, the head of each executive agency shall establish require-
ments for the completion of course work and related on-the-job 
training in the critical acquisition-related duties and tasks of the 
career path. The head of each executive agency also shall encour-
age employees to maintain the currency of their acquisition knowl-
edge and generally enhance their knowledge of related acquisition 
management disciplines through academic programs and other 
self-developmental activities. 
(2) PERFORMANCE INCENTIVES.—The head of each executive agency 
shall provide for an enhanced system of incentives to encourage excel-
lence in the acquisition workforce that rewards performance of employ-
ees who contribute to achieving the agency’s performance goals. The 
system of incentives shall include provisions that— 
(A) relate pay to performance (including the extent to which the 
performance of personnel in the workforce contributes to achieving 
the cost goals, schedule goals, and performance goals established 
for acquisition programs pursuant to section 3103(b) of this title); 
and 
(B) provide for consideration, in personnel evaluations and pro-
motion decisions, of the extent to which the performance of per-
sonnel in the workforce contributes to achieving the cost goals, 
schedule goals, and performance goals. 
(g) QUALIFICATION REQUIREMENTS.— 
(1) IN
GENERAL.—Subject to paragraph (2), the Administrator 
shall— 
(A) establish qualification requirements, including education re-
quirements, for— 
(i) entry-level positions in the General Schedule Con-
tracting series (GS–1102); 
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(ii) senior positions in the General Schedule Contracting 
series (GS–1102); 
(iii) all positions in the General Schedule Purchasing series 
(GS–1105); and 
(iv) positions in other General Schedule series in which sig-
nificant acquisition-related functions are performed; and 
(B) prescribe the manner and extent to which the qualification 
requirements shall apply to an individual serving in a position de-
scribed in subparagraph (A) at the time the requirements are es-
tablished. 
(2) RELATIONSHIP TO REQUIREMENTS APPLICABLE TO DEFENSE AC-
QUISITION WORKFORCE.—The Administrator shall establish qualifica-
tion requirements and make prescriptions under paragraph (1) that are 
comparable to those established for the same or equivalent positions 
pursuant to chapter 87 of title 10 with appropriate modifications. 
(3) APPROVAL OF REQUIREMENTS.—The Administrator shall submit 
any requirement established or prescription made under paragraph (1) 
to the Director of the Office of Personnel Management for approval. 
The Director is deemed to have approved the requirement or prescrip-
tion if the Director does not disapprove the requirement or prescription 
within 30 days after receiving it. 
(h) EDUCATION AND TRAINING.— 
(1) FUNDING LEVELS.—The head of an executive agency shall set 
forth separately the funding levels requested for educating and training 
the acquisition workforce in the budget justification documents sub-
mitted in support of the President’s budget submitted to Congress 
under section 1105 of title 31. 
(2) TUITION ASSISTANCE.—The head of an executive agency may 
provide tuition reimbursement in education (including a full-time 
course of study leading to a degree) in accordance with section 4107 
of title 5 for personnel serving in acquisition positions in the agency. 
(3) RESTRICTED OBLIGATION.—Amounts appropriated for education 
and training under this section may not be obligated for another pur-
pose. 
(i) TRAINING FUND.— 
(1) PURPOSES.—The purposes of this subsection are to ensure that 
the Federal acquisition workforce— 
(A) adapts to fundamental changes in the nature of Federal 
Government acquisition of property and services associated with 
the changing roles of the Federal Government; and 
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(B) acquires new skills and a new perspective to enable it to 
contribute effectively in the changing environment of the 21st cen-
tury. 
(2) ESTABLISHMENT AND MANAGEMENT OF FUND.—There is an ac-
quisition workforce training fund. The Administrator of General Serv-
ices shall manage the fund through the Federal Acquisition Institute 
to support the training of the acquisition workforce of the executive 
agencies, except as provided in paragraph (5). The Administrator of 
General Services shall consult with the Administrator in managing the 
fund. 
(3) CREDITS TO FUND.—Five percent of the fees collected by execu-
tive agencies (other than the Department of Defense) under the fol-
lowing contracts shall be credited to the fund: 
(A) Government-wide task and delivery-order contracts entered 
into under sections 4103 and 4105 of this title. 
(B) Government-wide contracts for the acquisition of informa-
tion technology as defined in section 11101 of title 40 and multi-
agency acquisition contracts for that technology authorized by sec-
tion 11314 of title 40. 
(C) multiple-award schedule contracts entered into by the Ad-
ministrator of General Services. 
(4) REMITTANCE BY HEAD OF EXECUTIVE AGENCY.—The head of an 
executive agency that administers a contract described in paragraph (3) 
shall remit to the General Services Administration the amount required 
to be credited to the fund with respect to the contract at the end of 
each quarter of the fiscal year. 
(5) TRANSFER AND USE OF FEES COLLECTED FROM DEPARTMENT 
OF DEFENSE.—The Administrator of General Services shall transfer to 
the Secretary of Defense fees collected from the Department of Defense 
pursuant to paragraph (3). The Defense Acquisition University shall 
use the fees for acquisition workforce training. 
(6) AMOUNTS NOT TO BE USED FOR OTHER PURPOSES.—The Ad-
ministrator of General Services, through the Office of Federal 
Procurememt Policy, shall ensure that amounts collected for training 
under this subsection are not used for a purpose other than the pur-
pose specified in paragraph (2). 
(7) AMOUNTS ARE IN ADDITION TO OTHER AMOUNTS FOR EDU-
CATION AND TRAINING.—Amounts credited to the fund are in addition 
to amounts requested and appropriated for education and training re-
ferred to in subsection (h)(1). 
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(8) AVAILABILITY OF AMOUNTS.—Amounts credited to the fund re-
main available to be expended only in the fiscal year for which they 
are credited and the 2 succeeding fiscal years. 
(9) EXPIRATION.—This subsection ceases to be effective 5 years 
after November 24, 2003. 
(j) RECRUITMENT PROGRAM.— 
(1) SHORTAGE
CATEGORY
POSITIONS.—For purposes of sections 
3304, 5333, and 5753 of title 5, the head of a department or agency 
of the Federal Government (other than the Secretary of Defense) may 
determine, under regulations prescribed by the Office of Personnel 
Management, that certain Federal acquisition positions (as described in 
subsection (g)(1)(A)) are shortage category positions in order to use 
the authorities in those sections to recruit and appoint highly qualified 
individuals directly to those positions in the department or agency. 
(2) REPORT.—Not later than March 31, 2007, the Director of the 
Office of Personnel Management, in consultation with the Adminis-
trator, shall submit to Congress a report on the implementation of this 
subsection. The report shall include— 
(A) a list of the departments and agencies that exercised the au-
thority provided in this subsection and whether the exercise of the 
authority was carried out in accordance with the regulations of the 
Office of Personnel Management; 
(B) the Director’s assessment of the efficacy of the exercise of 
the authority provided in this subsection in attracting employees 
with unusually high qualifications to the acquisition workforce; 
and 
(C) recommendations the Director considers appropriate on 
whether the authority to carry out the program should be ex-
tended. 
(3) TERMINATION OF AUTHORITY.—The head of a department or 
agency may not appoint an individual to a position of employment 
under this subsection after September 30, 2007. 
§ 1704. Advocates for competition 
(a) ESTABLISHMENT AND DESIGNATION.— 
(1) ESTABLISHMENT.—Each executive agency has an advocate for 
competition. 
(2) DESIGNATION.—The head of each executive agency shall— 
(A) designate for the executive agency and for each procuring 
activity of the executive agency one officer or employee serving in 
a position authorized for the executive agency on July 18, 1984 
(other than the senior procurement executive designated pursuant 
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