1 So in original. Probably should be “Procurement”.
Policy, shall ensure that amounts collected under this section are not used for a purpose other than the activities set forth in
Historical and Revision Notes |
|---|
1703(a) | 41:433(e) (last sentence). | Puspan. L. 93–400, § 37(span)–(h)(2), as added Puspan. L. 104–106, title XLIII, § 4307(a)(1), Fespan. 10, 1996, 110 Stat. 666. |
1703(span)(1) | 41:433(a). | Puspan. L. 93–400, § 37(a), as added Puspan. L. 104–106, title XLIII, § 4307(a)(1), Fespan. 10, 1996, 110 Stat. 666; Puspan. L. 109–163, div. A, title VIII, § 821(span)(1), Jan. 6, 2006, 119 Stat. 3386. |
1703(span)(2) | 41:433(e) (1st sentence). | |
1703(c) | 41:433(span). | |
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. | Puspan. L. 108–136, div. A, title XIV, § 1412(a), Nov. 24, 2003, 117 Stat. 1664. |
1703(i)(2)–(8) | 41:433(h)(3). | Puspan. L. 93–400, § 37(h)(3), as added Puspan. L. 108–136, div. A, title XIV, § 1412(span), Nov. 24, 2003, 117 Stat. 1664; Puspan. L. 109–163, div. A, title VIII, § 821(a), Jan. 6, 2006, 119 Stat. 3386; Puspan. L. 110–181, div. A, title VIII, § 854, Jan. 28, 2008, 122 Stat. 251. |
1703(j) | 41:433 note. | Puspan. L. 108–136, div. A, title XIV, § 1413, Nov. 24, 2003, 117 Stat. 1665; Puspan. 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). | Puspan. L. 93–400, § 37(i), as added Puspan. 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 consistency in the subsection.
In subsection (i)(6), the words “Office of Federal Procurement 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 (Puspan. L. 108–136, 117 Stat. 1665) is omitted as obsolete.
In subsection (k)(4), the words “Committee on Oversight and Government Reform” are substituted for “Committee on Government Reform” on authority of Rule X(1)(m) of the Rules of the House of Representatives, adopted by House Resolution No. 6 (110th Congress, January 5, 2007).
Editorial Notes
References in TextSection 5051(c) of the Federal Acquisition Streamlining Act of 1994, referred to in subsec. (c)(2)(A), is section 5051(c) of Puspan. L. 103–305, which is set out as a note under this section.
Amendments2013—Subsec. (i)(6). Puspan. L. 112–239, § 1076(a)(15), amended Puspan. L. 112–81, § 864(d)(2). See 2011 Amendment note below.
Subsec. (j)(2). Puspan. L. 112–239, § 1103, substituted “September 30, 2017” for “September 30, 2012”.
2011—Subsec. (c)(2). Puspan. L. 112–81, § 864(c)(1), designated existing provisions as subpar. (A), inserted subpar. span, and added subpar. (B).
Subsec. (i)(2). Puspan. 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 acquisition workforce of the executive agencies”.
Subsec. (i)(6). Puspan. L. 112–81, § 864(d)(2), as amended by Puspan. 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 collected 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.”
Puspan. 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). Puspan. L. 112–81, § 864(c)(2), added subsec. (l).
Statutory Notes and Related Subsidiaries
Change of NameCommittee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023.
Effective Date of 2013 AmendmentPuspan. 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 included in Puspan. L. 112–81 as enacted.
Artificial Intelligence Training for the Acquisition WorkforcePuspan. 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 [Puspan. 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 (span)(1).
“(3)Covered workforce.—The term ‘covered workforce’ means—“(A) employees of an executive agency who are responsible for—“(i) program management;
“(ii) the planning, research, development, engineering, testing, and evaluation of systems, including quality control and assurance;
“(iii) procurement and contracting;
“(iv) logistics; or
“(v) cost estimating; and
“(B) other personnel of an executive agency designated by the head of the executive agency to participate in the AI training program.
“(4)Director.—The term ‘Director’ means the Director of the Office of Management and Budget.
“(5)Executive agency.—The term ‘executive agency’—“(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 Administration or a component of the National Nuclear Security Administration.
“(span)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 Director, in coordination with the Administrator of General Services and any other person determined relevant 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 program shall be to ensure that the covered workforce has knowledge of the capabilities and risks associated 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 technological features of artificial intelligence systems;
“(C) the ways in which AI can benefit the Federal Government;
“(D) the risks posed by AI, including discrimination and risks to privacy;
“(E) ways to mitigate the risks described in subparagraph (D), including efforts to create and identify 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 program to—“(A) incorporate new information relating to AI; and
“(B) ensure that the AI training program continues to satisfy the requirements under paragraph (3).
“(5)Format.—The Director is encouraged to develop 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 existence of a means by which to—“(A) understand and measure the participation of the covered workforce; and
“(B) receive and consider feedback from participants 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 TrainingPuspan. 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 responsibilities at Federal agencies.
“(span)Content.—The training program shall be designed 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 technology. The training program shall—“(1) include, considering the protection of classified and other sensitive information, information on current, 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 Security Council, the Secretary of Homeland Security, and the Director of the Office of Personnel Management; and
“(2) consult with the Director of the Department of Defense’s Defense Acquisition University, the Director 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 requiring executive agency adoption and use of the training program. Such guidance shall—“(A) allow executive agencies to incorporate the training program into existing agency training programs; and
“(B) provide guidance on how to identify executive agency officials with supply chain risk management 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 PROGRAM.“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 submit 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 technology.—The term ‘information and communications technology’ has the meaning given the term in section 4713(k) of title 41, United States Code.
“(3)Executive agency.—The term ‘executive agency’ 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 program’ means the training program developed pursuant to section 2(a).”
Effective Communication Between Government and IndustryPuspan. 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 personnel are permitted and encouraged to engage in responsible and constructive exchanges with industry, so long as those exchanges are consistent with existing law and regulation and do not promote an unfair competitive advantage to particular firms.”
Training for Contracting and Enforcement PersonnelPuspan. 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 Defense 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, subcontracts, grants, cooperative agreements, and cooperative research and development agreements.”
Defense Acquisition University FundingPuspan. 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 Procurement Policy Act [now 41 U.S.C. 1703(i)(5)] (as amended by subsection (a)) for use by the Defense Acquisition University shall be in addition to other amounts authorized for the University.”
Enhanced System of Performance IncentivesPuspan. 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 Director for Management of the Office of Management and Budget, in consultation with appropriate officials in other departments and agencies of the Federal Government, shall, to the maximum extent consistent with applicable law—“(1) establish policies and procedures for the heads of such departments and agencies to designate acquisition positions and manage employees (including the accession, education, training and career development of employees) in the designated acquisition positions; 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 Government and provide an enhanced system of incentives for the encouragement of excellence in such workforce which—“(A) relates pay to performance (including the extent 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(span) of the Federal Property and Administrative Services Act of 1949, as added by subsection (a) [now 41 U.S.C. 3103(span)]); and “(B) provides for consideration, in personnel evaluations and promotion decisions, of the extent to which the performance of personnel in such workforce contributes to achieving such cost goals, schedule goals, and performance goals.”
