[Congressional Record (Bound Edition), Volume 156 (2010), Part 14] [Senate] [Pages 19725-19726] [From the U.S. 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 [[Page 19726]] 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. ``(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. ____________________