41 U.S.C. § 1703 — Acquisition workforce

Page 40 TITLE 41—PUBLIC CONTRACTS § 1703 advising the head of the executive agency re- garding the appropriate business strategy to achieve the mission of the executive agency; (B) increasing the use of full and open competition in the acquisition of property and services by the executive agency by es- tablishing policies, procedures, and practices that ensure that the executive agency re- ceives a sufficient number of sealed bids or competitive proposals from responsible sources to fulfill the Federal Government’s requirements (including performance and de- livery schedules) at the lowest cost or best value considering the nature of the property or service procured; (C) increasing appropriate use of perform- ance-based contracting and performance specifications; (D) making acquisition decisions con- sistent with all applicable laws and estab- lishing clear lines of authority, account- ability, and responsibility for acquisition de- cisionmaking within the executive agency; (E) managing the direction of acquisition policy for the executive agency, including implementation of the unique acquisition policies, regulations, and standards of the executive agency; (F) advising the executive agency on the applicability of relevant policy on the con- tracts of the agency for overseas contin- gency operations and ensuring the compli- ance of the contracts and contracting activi- ties of the agency with such policy; (G) developing and maintaining an acquisi- tion career management program in the ex- ecutive agency to ensure that there is an adequate professional workforce; and (H) as part of the strategic planning and performance evaluation process required under section 306 of title 5 and sections 1105(a)(28), 1115, 1116, and 9703 (added by sec- tion 5(a) of Public Law 103–62 (107 Stat. 289)) of title 31— (i) assessing the requirements estab- lished for agency personnel regarding knowledge and skill in acquisition re- sources management and the adequacy of those requirements for facilitating the achievement of the performance goals es- tablished for acquisition management; (ii) developing strategies and specific plans for hiring, training, and professional development to rectify a deficiency in meeting those requirements; and (iii) reporting to the head of the execu- tive agency on the progress made in im- proving acquisition management capa- bility. (c) SENIOR PROCUREMENT EXECUTIVE.— (1) DESIGNATION.—The head of each executive agency shall designate a senior procurement executive. (2) RESPONSIBILITY.—The senior procurement executive is responsible for management di- rection of the procurement system of the exec- utive agency, including implementation of the unique procurement policies, regulations, and standards of the executive agency. (3) WHEN CHIEF ACQUISITION OFFICER AP- POINTED OR DESIGNATED.—For an executive agency for which a Chief Acquisition Officer has been appointed or designated under sub- section (a), the head of the executive agency shall— (A) designate the Chief Acquisition Officer as the senior procurement executive for the executive agency; or (B) ensure that the senior procurement ex- ecutive designated under paragraph (1) re- ports directly to the Chief Acquisition Offi- cer without intervening authority. (d) OVERSEAS CONTINGENCY OPERATIONS DE- FINED.—In this section, the term ‘‘overseas con- tingency operations’’ means military operations outside the United States and its territories and possessions that are a contingency operation (as that term is defined in section 101(a)(13) of title 10). (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3701; Pub. L. 112–239, div. A, title VIII, § 849, Jan. 2, 2013, 126 Stat. 1853.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1702(a), (b)(1), (2). 41:414(a). Pub. L. 93–400, § 16, as added Pub. L. 98–191, § 7, Dec. 1, 1983, 97 Stat. 1330; Pub. L. 98–369, title VII, § 2732(b)(2), July 18, 1984, 98 Stat. 1199; Pub. L. 108–136, div. A, title XIV, § 1421(a)(1), Nov. 24, 2003, 117 Stat. 1666. 1702(b)(3) .... 41:414(b). 1702(c) ........ 41:414(c). Editorial Notes AMENDMENTS 2013—Subsec. (b)(3)(F) to (H). Pub. L. 112–239, § 849(a), added subpar. (F) and redesignated former subpars. (F) and (G) as (G) and (H), respectively. Subsec. (d). Pub. L. 112–239, § 849(b), added subsec. (d). § 1703. Acquisition workforce (a) DESCRIPTION.—For purposes of this section, the acquisition workforce of an agency consists of all employees serving in acquisition positions listed in subsection (g)(1)(A). (b) APPLICABILITY.— (1) NONAPPLICABILITY TO CERTAIN EXECUTIVE AGENCIES.—Except as provided in subsection (i), this section does not apply to an executive agency that is subject to chapter 87 of title 10. (2) APPLICABILITY OF PROGRAMS.—The pro- grams established by this section apply to the acquisition workforce of each executive agen- cy. (c) MANAGEMENT POLICIES.— (1) DUTIES OF HEAD OF EXECUTIVE AGENCY.— (A) ESTABLISH POLICIES AND PROCEDURES.— After consultation with the Administrator, the head of each executive agency shall es- tablish policies and procedures for the effec- tive management (including accession, edu- cation, training, career development, and performance incentives) of the acquisition workforce of the agency. The development of acquisition workforce policies under this section shall be carried out consistent with the merit system principles set forth in sec- tion 2301(b) of title 5. Page 41 TITLE 41—PUBLIC CONTRACTS § 1703 (B) ENSURE UNIFORM IMPLEMENTATION.— The head of each executive agency shall en- sure that, to the maximum extent prac- ticable, acquisition workforce policies and procedures established are uniform in their implementation throughout the agency. (2) DUTIES OF ADMINISTRATOR.— (A) IN GENERAL.—The Administrator shall issue policies to promote uniform implemen- tation of this section by executive agencies, with due regard for differences in program requirements among agencies that may be appropriate and warranted in view of the agency mission. The Administrator shall co- ordinate with the Deputy Director for Man- agement of the Office of Management and Budget to ensure that the policies are con- sistent with the policies and procedures es- tablished, and enhanced system of incentives provided, pursuant to section 5051(c) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355, 108 Stat. 3351). The Ad- ministrator shall evaluate the implementa- tion of this section by executive agencies. (B) GOVERNMENT-WIDE TRAINING STANDARDS AND CERTIFICATION.—The Administrator, act- ing through the Federal Acquisition Insti- tute, shall provide and update government- wide training standards and certification re- quirements, including— (i) developing and modifying acquisition certification programs; (ii) ensuring quality assurance for agen- cy implementation of government-wide training and certification standards; (iii) analyzing the acquisition training curriculum to ascertain if all certification competencies are covered or if adjust- ments are necessary; (iv) developing career path information for certified professionals to encourage re- tention in government positions; (v) coordinating with the Office of Per- sonnel Management for human capital ef- forts; and (vi) managing rotation assignments to support opportunities to apply skills in- cluded in certification. (d) AUTHORITY AND RESPONSIBILITY OF SENIOR PROCUREMENT EXECUTIVE.—Subject to the au- thority, direction, and control of the head of an executive agency, the senior procurement execu- tive of the agency shall carry out all powers, functions, and duties of the head of the agency with respect to implementing this section. The senior procurement executive shall ensure that the policies of the head of the executive agency established in accordance with this section are implemented throughout the agency. (e) COLLECTING AND MAINTAINING INFORMA- TION.—The Administrator shall ensure that the heads of executive agencies collect and maintain standardized information on the acquisition workforce related to implementing this section. To the maximum extent practicable, informa- tion requirements shall conform to standards the Director of the Office of Personnel Manage- ment establishes for the Central Personnel Data File. (f) CAREER DEVELOPMENT.— (1) CAREER PATHS.— (A) IDENTIFICATION.—The head of each ex- ecutive agency shall ensure that appropriate career paths for personnel who desire to pur- sue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career pro- gression to the most senior acquisition posi- tions. The head of 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 agen- cy shall identify the critical acquisition-re- lated duties and tasks in which, at min- imum, 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 executive agency shall pro- vide appropriate coverage of the critical du- ties and tasks identified by the Director of the Federal Acquisition Institute. (C) MANDATORY TRAINING AND EDUCATION.— For each career path, the head of each exec- utive agency shall establish requirements for the completion of course work and re- lated on-the-job training in the critical ac- quisition-related duties and tasks of the ca- reer path. The head of each executive agency also shall encourage employees to maintain the currency of their acquisition knowledge and generally enhance their knowledge of re- lated acquisition management disciplines through academic programs and other self- developmental activities. (2) PERFORMANCE INCENTIVES.—The head of each executive agency shall provide for an en- hanced system of incentives to encourage ex- cellence in the acquisition workforce that re- wards performance of employees who con- tribute 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 per- sonnel in the workforce contributes to achieving the cost goals, schedule goals, and performance goals established for acquisi- tion programs pursuant to section 3103(b) of this title); and (B) provide for consideration, in personnel evaluations and promotion 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 requirements, for— (i) entry-level positions in the General Schedule Contracting series (GS–1102); (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 significant acquisition-re- lated functions are performed; and Page 42 TITLE 41—PUBLIC CONTRACTS § 1703 1 So in original. Probably should be ‘‘Procurement’’. (B) prescribe the manner and extent to which the qualification requirements shall apply to an individual serving in a position described in subparagraph (A) at the time the requirements are established. (2) RELATIONSHIP TO REQUIREMENTS APPLICA- BLE TO DEFENSE ACQUISITION WORKFORCE.—The Administrator shall establish qualification re- quirements and make prescriptions under paragraph (1) that are comparable to those es- tablished for the same or equivalent positions pursuant to chapter 87 of title 10 with appro- priate modifications. (3) APPROVAL OF REQUIREMENTS.—The Ad- ministrator shall submit any requirement es- tablished or prescription made under para- graph (1) to the Director of the Office of Per- sonnel Management for approval. The Director is deemed to have approved the requirement or prescription if the Director does not dis- approve the requirement or prescription with- in 30 days after receiving it. (h) EDUCATION AND TRAINING.— (1) FUNDING LEVELS.—The head of an execu- tive agency shall set forth separately the funding levels requested for educating and training the acquisition workforce in the budget justification documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31. (2) TUITION ASSISTANCE.—The head of an ex- ecutive agency may provide tuition reimburse- ment in education (including a full-time course of study leading to a degree) in accord- ance with section 4107 of title 5 for personnel serving in acquisition positions in the agency. (3) RESTRICTED OBLIGATION.—Amounts appro- priated for education and training under this section may not be obligated for another pur- pose. (i) TRAINING FUND.— (1) PURPOSES.—The purposes of this sub- section are to ensure that the Federal acquisi- tion 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 (B) acquires new skills and a new perspec- tive to enable it to contribute effectively in the changing environment of the 21st cen- tury. (2) ESTABLISHMENT AND MANAGEMENT OF FUND.—There is an acquisition workforce training fund. The Administrator of General Services shall manage the fund through the Federal Acquisition Institute to support the activities set forth in section 1201(a) of this title, except as provided in paragraph (5). The Administrator of General Services shall con- sult with the Administrator in managing the fund. (3) CREDITS TO FUND.—Five percent of the fees collected by executive agencies (other than the Department of Defense) under the following 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 ac- quisition of information technology as de- fined in section 11101 of title 40 and multi- agency acquisition contracts for that tech- nology authorized by section 11314 of title 40. (C) multiple-award schedule contracts en- tered into by the Administrator of General Services. (4) REMITTANCE BY HEAD OF EXECUTIVE AGEN- CY.—The head of an executive agency that ad- ministers a contract described in paragraph (3) shall remit to the General Services Adminis- tration 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 Adminis- trator 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 train- ing. (6) AMOUNTS NOT TO BE USED FOR OTHER PUR- POSES.—The Administrator of General Serv- ices, through the Office of Federal Procurememt 1 Policy, shall ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title. (7) AMOUNTS ARE IN ADDITION TO OTHER AMOUNTS FOR EDUCATION AND TRAINING.— Amounts credited to the fund are in addition to amounts requested and appropriated for education and training referred to in sub- section (h)(1). (8) AVAILABILITY OF AMOUNTS.—Amounts credited to the fund remain available to be ex- pended only in the fiscal year for which they are credited and the 2 succeeding fiscal years. (j) RECRUITMENT PROGRAM.— (1) SHORTAGE CATEGORY POSITIONS.—For pur- poses of sections 3304, 5333, and 5753 of title 5, the head of a department or agency of the Fed- eral Government (other than the Secretary of Defense) may determine, under regulations prescribed by the Office of Personnel Manage- ment, that certain Federal acquisition posi- tions (as described in subsection (g)(1)(A)) are shortage category positions in order to use the authorities in those sections to recruit and ap- point highly qualified individuals directly to those positions in the department or agency. (2) 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, 2017. (k) REEMPLOYMENT WITHOUT LOSS OF ANNU- ITY.— (1) ESTABLISHMENT OF POLICIES AND PROCE- DURES.—The head of each executive agency, after consultation with the Administrator and the Director of the Office of Personnel Man- agement, shall establish policies and proce- dures under which the agency head may reem- ploy in an acquisition-related position (as de- scribed in subsection (g)(1)(A)) an individual receiving an annuity from the Civil Service Page 43 TITLE 41—PUBLIC CONTRACTS § 1703 Retirement and Disability Fund, on the basis of the individual’s service, without dis- continuing the annuity. The head of each ex- ecutive agency shall keep the Administrator informed of the agency’s use of this authority. (2) CRITERIA FOR CONTINUATION OF ANNUITY.— Policies and procedures established under paragraph (1) shall authorize the head of the executive agency, on a case-by-case basis, to continue an annuity if any of the following makes the reemployment of an individual es- sential: (A) The unusually high or unique quali- fications of an individual receiving an annu- ity from the Civil Service Retirement and Disability Fund on the basis of the individ- ual’s service. (B) The exceptional difficulty in recruiting or retaining a qualified employee. (C) A temporary emergency hiring need. (3) SERVICE NOT SUBJECT TO CSRS OR FERS.— An individual reemployed under this sub- section shall not be deemed an employee for purposes of chapter 83 or 84 of title 5. (4) REPORTING REQUIREMENT.—The Adminis- trator shall submit annually to the Com- mittee on Oversight and Government Reform of the House of Representatives and the Com- mittee on Homeland Security and Govern- mental Affairs of the Senate a report on the use of the authority under this subsection, in- cluding the number of employees reemployed under authority of this subsection. (5) SUNSET PROVISION.—The authority under this subsection expires on December 31, 2011. (l) ACQUISITION INTERNSHIP AND TRAINING PRO- GRAMS.—All Federal civilian agency acquisition internship or acquisition training programs shall follow guidelines provided by the Office of Federal Procurement Policy to ensure con- sistent training standards necessary to develop uniform core competencies throughout the Fed- eral Government. (Pub. L. 111–350, § 3, Jan. 4, 2011, 124 Stat. 3702; Pub. L. 112–74, div. C, title V, § 526, Dec. 23, 2011, 125 Stat. 914; Pub. L. 112–81, div. A, title VIII, § 864(c), (d), Dec. 31, 2011, 125 Stat. 1525; Pub. L. 112–239, div. A, title X, § 1076(a)(15), title XI, § 1103, Jan. 2, 2013, 126 Stat. 1948, 1973.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1703(a) ........ 41:433(e) (last sen- tence). Pub. L. 93–400, § 37(b)–(h)(2), as added Pub. L. 104–106, title XLIII, § 4307(a)(1), Feb. 10, 1996, 110 Stat. 666. 1703(b)(1) .... 41:433(a). Pub. L. 93–400, § 37(a), as added Pub. L. 104–106, title XLIII, § 4307(a)(1), Feb. 10, 1996, 110 Stat. 666; Pub. L. 109–163, div. A, title VIII, § 821(b)(1), Jan. 6, 2006, 119 Stat. 3386. 1703(b)(2) .... 41:433(e) (1st sen- tence). 1703(c) ........ 41:433(b). 1703(d) ........ 41:433(c). 1703(e) ........ 41:433(d). 1703(f) ........ 41:433(f). 1703(g) ........ 41:433(g). 1703(h)(1) .... 41:433(h)(1)(A). 1703(h)(2) .... 41:433(h)(2). 1703(h)(3) .... 41:433(h)(1)(B). 1703(i)(1) .... 41:433 note. Pub. L. 108–136, div. A, title XIV, § 1412(a), Nov. 24, 2003, 117 Stat. 1664. HISTORICAL AND REVISION NOTES—CONTINUED Revised Section Source (U.S. Code) Source (Statutes at Large) 1703(i)(2)–(8) 41:433(h)(3). Pub. L. 93–400, § 37(h)(3), as added Pub. L. 108–136, div. A, title XIV, § 1412(b), Nov. 24, 2003, 117 Stat. 1664; Pub. L. 109–163, div. A, title VIII, § 821(a), Jan. 6, 2006, 119 Stat. 3386; Pub. L. 110–181, div. A, title VIII, § 854, Jan. 28, 2008, 122 Stat. 251. 1703(j) ........ 41:433 note. Pub. L. 108–136, div. A, title XIV, § 1413, Nov. 24, 2003, 117 Stat. 1665; Pub. L. 110–181, div. A, title VIII, § 853, title X, § 1063(g)(2), Jan. 28, 2008, 122 Stat. 250, 323. 1703(k) ....... 41:433(i). Pub. L. 93–400, § 37(i), as added Pub. L. 109–313, § 4, Oct. 6, 2006, 120 Stat. 1737. In subsection (e), the word ‘‘information’’ the second time it appears is substituted for ‘‘data’’ for consist- ency in the subsection. In subsection (i)(6), the words ‘‘Office of Federal Pro- curement Policy’’ are substituted for ‘‘Office of Federal Acquisition Policy’’ to provide the correct name of the office. In subsection (j), the text of 1413(c) of the National Defense Authorization Act for Fiscal Year 2004 (Pub. L. 108–136, 117 Stat. 1665) is omitted as obsolete. In subsection (k)(4), the words ‘‘Committee on Over- sight and Government Reform’’ are substituted for ‘‘Committee on Government Reform’’ on authority of Rule X(1)(m) of the Rules of the House of Representa- tives, adopted by House Resolution No. 6 (110th Con- gress, January 5, 2007). Editorial Notes REFERENCES IN TEXT Section 5051(c) of the Federal Acquisition Stream- lining Act of 1994, referred to in subsec. (c)(2)(A), is sec- tion 5051(c) of Pub. L. 103–305, which is set out as a note under this section. AMENDMENTS 2013—Subsec. (i)(6). Pub. L. 112–239, § 1076(a)(15), amended Pub. L. 112–81, § 864(d)(2). See 2011 Amendment note below. Subsec. (j)(2). Pub. L. 112–239, § 1103, substituted ‘‘Sep- tember 30, 2017’’ for ‘‘September 30, 2012’’. 2011—Subsec. (c)(2). Pub. L. 112–81, § 864(c)(1), des- ignated existing provisions as subpar. (A), inserted sub- par. heading, and added subpar. (B). Subsec. (i)(2). Pub. L. 112–81, § 864(d)(1), substituted ‘‘to support the activities set forth in section 1201(a) of this title’’ for ‘‘to support the training of the acquisi- tion workforce of the executive agencies’’. Subsec. (i)(6). Pub. L. 112–81, § 864(d)(2), as amended by Pub. L. 112–239, § 1076(a)(15), substituted ‘‘ensure that amounts collected under this section are not used for a purpose other than the activities set forth in section 1201(a) of this title.’’ for ‘‘ensure that amounts col- lected under this subsection are not used for a purpose other than the purpose specified in subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this title.’’ Pub. L. 112–74 struck out ‘‘for training’’ after ‘‘amounts collected’’ and substituted ‘‘subparagraphs (A) and (C) to (J) of section 1122(a)(5) of this title’’ for ‘‘paragraph (2)’’. Subsec. (l). Pub. L. 112–81, § 864(c)(2), added subsec. (l). Statutory Notes and Related Subsidiaries CHANGE OF NAME Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by Page 44 TITLE 41—PUBLIC CONTRACTS § 1703 House Resolution No. 6, One Hundred Sixteenth Con- gress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representa- tives by House Resolution No. 5, One Hundred Eight- eenth Congress, Jan. 9, 2023. EFFECTIVE DATE OF 2013 AMENDMENT Pub. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(15) is effective Dec. 31, 2011, and as if in- cluded in Pub. L. 112–81 as enacted. ARTIFICIAL INTELLIGENCE TRAINING FOR THE ACQUISITION WORKFORCE Pub. L. 117–207, Oct. 17, 2022, 136 Stat. 2238, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Artificial Intelligence Training for the Acquisition Workforce Act’ or the ‘AI Training Act’. ‘‘SEC. 2. ARTIFICIAL INTELLIGENCE TRAINING PROGRAMS. ‘‘(a) DEFINITIONS.—In this section: ‘‘(1) AI.—The term ‘AI’ has the meaning given the term ‘artificial intelligence’ in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 [Pub. L. 115–232] (10 U.S.C. 2358 note [now 10 U.S.C. 4061 note prec.]). ‘‘(2) AI TRAINING PROGRAM.—The term ‘AI training program’ means the training program established under subsection (b)(1). ‘‘(3) COVERED WORKFORCE.—The term ‘covered work- force’ means— ‘‘(A) employees of an executive agency who are responsible for— ‘‘(i) program management; ‘‘(ii) the planning, research, development, engi- neering, testing, and evaluation of systems, in- cluding quality control and assurance; ‘‘(iii) procurement and contracting; ‘‘(iv) logistics; or ‘‘(v) cost estimating; and ‘‘(B) other personnel of an executive agency des- ignated by the head of the executive agency to par- ticipate in the AI training program. ‘‘(4) DIRECTOR.—The term ‘Director’ means the Di- rector of the Office of Management and Budget. ‘‘(5) EXECUTIVE AGENCY.—The term ‘executive agen- cy’— ‘‘(A) has the meaning given the term in section 133 of title 41, United States Code; and ‘‘(B) does not include— ‘‘(i) the Department of Defense or a component of the Department of Defense; or ‘‘(ii) the National Nuclear Security Administra- tion or a component of the National Nuclear Se- curity Administration. ‘‘(b) REQUIREMENT.— ‘‘(1) IN GENERAL.—Not later than 1 year after the date of enactment of this Act [Oct. 17, 2022], and not less frequently than annually thereafter, the Direc- tor, in coordination with the Administrator of Gen- eral Services and any other person determined rel- evant by the Director, shall develop and implement or otherwise provide an AI training program for the covered workforce. ‘‘(2) PURPOSE.—The purpose of the AI training pro- gram shall be to ensure that the covered workforce has knowledge of the capabilities and risks associ- ated with AI. ‘‘(3) TOPICS.—The AI training program shall include information relating to— ‘‘(A) the science underlying AI, including how AI works; ‘‘(B) introductory concepts relating to the tech- nological features of artificial intelligence systems; ‘‘(C) the ways in which AI can benefit the Federal Government; ‘‘(D) the risks posed by AI, including discrimina- tion and risks to privacy; ‘‘(E) ways to mitigate the risks described in sub- paragraph (D), including efforts to create and iden- tify AI that is reliable, safe, and trustworthy; and ‘‘(F) future trends in AI, including trends for homeland and national security and innovation. ‘‘(4) UPDATES.—Not less frequently than once every 2 years, the Director shall update the AI training pro- gram to— ‘‘(A) incorporate new information relating to AI; and ‘‘(B) ensure that the AI training program con- tinues to satisfy the requirements under paragraph (3). ‘‘(5) FORMAT.—The Director is encouraged to de- velop and implement or otherwise include under the AI training program interactive learning with— ‘‘(A) technologists; ‘‘(B) scholars; and ‘‘(C) other experts from the private, public, and nonprofit sectors. ‘‘(6) METRICS.—The Director shall ensure the exist- ence of a means by which to— ‘‘(A) understand and measure the participation of the covered workforce; and ‘‘(B) receive and consider feedback from partici- pants in the AI training program to improve the AI training program. ‘‘(7) SUNSET.—Effective 10 years after the date of enactment of this Act, this section shall have no force or effect.’’ SUPPLY CHAIN SECURITY TRAINING Pub. L. 117–145, June 16, 2022, 136 Stat. 1269, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Supply Chain Security Training Act of 2021’. ‘‘SEC. 2. TRAINING PROGRAM TO MANAGE SUPPLY CHAIN RISK. ‘‘(a) IN GENERAL.—Not later than 180 days after the date of the enactment of this Act [June 16, 2022], the Administrator of General Services, through the Federal Acquisition Institute, shall develop a training program for officials with supply chain risk management re- sponsibilities at Federal agencies. ‘‘(b) CONTENT.—The training program shall be de- signed to prepare such personnel to perform supply chain risk management activities and identify and mitigate supply chain security risks that arise throughout the acquisition lifecycle, including for the acquisition of information and communications tech- nology. The training program shall— ‘‘(1) include, considering the protection of classified and other sensitive information, information on cur- rent, specific supply chain security threats and vulnerabilities; and ‘‘(2) be updated as determined to be necessary by the Administrator. ‘‘(c) COORDINATION AND CONSULTATION.—In developing and determining updates to the training program, the Administrator shall— ‘‘(1) coordinate with the Federal Acquisition Secu- rity Council, the Secretary of Homeland Security, and the Director of the Office of Personnel Manage- ment; and ‘‘(2) consult with the Director of the Department of Defense’s Defense Acquisition University, the Direc- tor of National Intelligence, and the Director of the National Institute of Standards and Technology. ‘‘(d) GUIDANCE.— ‘‘(1) IN GENERAL.—Not later than 180 days after the training program is developed under subsection (a), the Director of the Office of Management and Budget shall promulgate guidance to Federal agencies re- quiring executive agency adoption and use of the training program. Such guidance shall— Page 45 TITLE 41—PUBLIC CONTRACTS § 1704 ‘‘(A) allow executive agencies to incorporate the training program into existing agency training pro- grams; and ‘‘(B) provide guidance on how to identify execu- tive agency officials with supply chain risk man- agement responsibilities. ‘‘(2) AVAILABILITY.—The Director of the Office of Management and Budget shall make the guidance promulgated under paragraph (1) available to Federal agencies of the legislative and judicial branches. ‘‘SEC. 3. REPORTS ON IMPLEMENTATION OF PRO- GRAM. ‘‘Not later than 180 days after the completion of the first course, and annually thereafter for the next three years, the Administrator of General Services shall sub- mit to the appropriate congressional committees and leadership a report on implementation of the training program required under section 2. ‘‘SEC. 4. DEFINITIONS. ‘‘In this Act: ‘‘(1) APPROPRIATE CONGRESSIONAL COMMITTEES AND LEADERSHIP.—The term ‘appropriate congressional committees’ means— ‘‘(A) the Committee on Homeland Security and Governmental Affairs and the Committee on Armed Services of the Senate; and ‘‘(B) the Committee on Oversight and Reform [now Committee on Oversight and Accountability] and the Committee on Armed Services of the House of Representatives. ‘‘(2) INFORMATION AND COMMUNICATIONS TECH- NOLOGY.—The term ‘information and communications technology’ has the meaning given the term in sec- tion 4713(k) of title 41, United States Code. ‘‘(3) EXECUTIVE AGENCY.—The term ‘executive agen- cy’ has the meaning given the term in section 133 of title 41, United States Code. ‘‘(4) FEDERAL AGENCY.—The term ‘Federal agency’ means any agency, committee, commission, office, or other establishment in the executive, legislative, or judicial branch of the Federal Government. ‘‘(5) TRAINING PROGRAM.—The term ‘training pro- gram’ means the training program developed pursu- ant to section 2(a).’’ EFFECTIVE COMMUNICATION BETWEEN GOVERNMENT AND INDUSTRY Pub. L. 114–92, div. A, title VIII, § 887, Nov. 25, 2015, 129 Stat. 949, provided that: ‘‘Not later than 180 days after the date of the enactment of this Act [Nov. 25, 2015], the Federal Acquisition Regulatory Council shall prescribe a regulation making clear that agency acquisition per- sonnel are permitted and encouraged to engage in re- sponsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair com- petitive advantage to particular firms.’’ TRAINING FOR CONTRACTING AND ENFORCEMENT PERSONNEL Pub. L. 111–240, title I, § 1343(a), Sept. 27, 2010, 124 Stat. 2545, provided that: ‘‘Not later than 1 year after the date of enactment of this Act [Sept. 27, 2010], the Federal Acquisition Institute, in consultation with the Administrator for Federal Procurement Policy, the De- fense Acquisition University, and the Administrator [of the Small Business Administration], shall develop courses for acquisition personnel concerning proper classification of business concerns and small business size and status for purposes of Federal contracts, sub- contracts, grants, cooperative agreements, and cooper- ative research and development agreements.’’ DEFENSE ACQUISITION UNIVERSITY FUNDING Pub. L. 109–163, div. A, title VIII, § 821(c), Jan. 6, 2006, 119 Stat. 3386, provided that: ‘‘Amounts transferred under section 37(h)(3)(D) of the Office of Federal Pro- curement Policy Act [now 41 U.S.C. 1703(i)(5)] (as amended by subsection (a)) for use by the Defense Ac- quisition University shall be in addition to other amounts authorized for the University.’’ ENHANCED SYSTEM OF PERFORMANCE INCENTIVES Pub. L. 103–355, title V, § 5051(c), Oct. 13, 1994, 108 Stat. 3351, provided that: ‘‘Within one year after the date of the enactment of this Act [Oct. 13, 1994], the Deputy Di- rector for Management of the Office of Management and Budget, in consultation with appropriate officials in other departments and agencies of the Federal Gov- ernment, shall, to the maximum extent consistent with applicable law— ‘‘(1) establish policies and procedures for the heads of such departments and agencies to designate acqui- sition positions and manage employees (including the accession, education, training and career develop- ment of employees) in the designated acquisition po- sitions; and ‘‘(2) review the incentives and personnel actions available to the heads of departments and agencies of the Federal Government for encouraging excellence in the acquisition workforce of the Federal Govern- ment and provide an enhanced system of incentives for the encouragement of excellence in such work- force which— ‘‘(A) relates pay to performance (including the ex- tent to which the performance of personnel in such workforce contributes to achieving the cost goals, schedule goals, and performance goals established for acquisition programs pursuant to section 313(b) of the Federal Property and Administrative Serv- ices Act of 1949, as added by subsection (a) [now 41 U.S.C. 3103(b)]); and ‘‘(B) provides for consideration, in personnel eval- uations and promotion decisions, of the extent to which the performance of personnel in such work- force contributes to achieving such cost goals, schedule goals, and performance goals.’’ § 1704. Planning and policy-making for acquisi- tion workforce (a) DEFINITIONS.—In this section: (1) ASSOCIATE ADMINISTRATOR.—The term ‘‘Associate Administrator’’ means the Asso- ciate Administrator for Acquisition Workforce Programs as designated by the Administrator pursuant to subsection (b). (2) CHIEF ACQUISITION OFFICER.—The term ‘‘Chief Acquisition Officer’’ means a Chief Ac- quisition Officer for an executive agency ap- pointed pursuant to section 1702 of this title. (b) ASSOCIATE ADMINISTRATOR FOR ACQUISITION WORKFORCE PROGRAMS.—The Administrator shall designate a member of the Senior Execu- tive Service as the Associate Administrator for Acquisition Workforce Programs. The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acqui- sition, human capital, and management. The As- sociate Administrator shall be located in the Of- fice of Federal Procurement Policy. The Asso- ciate Administrator shall be responsible for— (1) supervising the acquisition workforce training fund established under section 1703(i) of this title; (2) developing, in coordination with Chief Acquisition Officers and Chief Human Capital Officers, a strategic human capital plan for the acquisition workforce of the Federal Gov- ernment; (3) reviewing and providing input to indi- vidual agency acquisition workforce succes- sion plans;