41 USC 1704 - Planning and policy-making for acquisition workforce

Amendments Not Shown in Text

Subsec. (g) of this section was derived from Puspan. L. 110–417, [div. A], title VIII, § 869, Oct. 14, 2008, 122 Stat. 4553, which was set out as a note under section 433a of former Title 41, Public Contracts, prior to being repealed and reenacted as subsec. (g) of this section by Puspan. L. 111–350, §§ 3, 7(span), Jan. 4, 2011, 124 Stat. 3677, 3855. Section 869 of Puspan. L. 110–417 was amended by Puspan. L. 111–383, div. A, title X, § 1075(e)(15), Jan. 7, 2011, 124 Stat. 4375. For applicability of that amendment to this section, see section 6(a) of Puspan. L. 111–350, set out as a Transitional and Savings Provisions note preceding section 101 of this title. Section 869 of Puspan. L. 110–417 was amended as follows:

(1) in subsection (span), by striking “433(a)” and inserting “433a(a)”; and

(2) in subsection (c)(4)—

(A) by striking “37(j)” and inserting “37(g)”; and

(B) by striking “433(j)” and inserting “433(g)”.

Such references did not appear in the text of subsec. (g) as enacted. See Historical and Revision Notes below.

Historical and Revision Notes
Revised Section	Source (U.S. Code)	Source (Statutes at Large)
1704(a)(1)	no source.
1704(a)(2)	41:433a(h).	Puspan. L. 110–181, div. A, title VIII, § 855, Jan. 28, 2008, 122 Stat. 251.
1704(span)–(f)	41:433a(a)–(e).
1704(g)	41:433a note.	Puspan. L. 110–417, [div. A], title VIII, § 869, Oct. 14, 2008, 122 Stat. 4553.
1704(h), (i)	41:433a(f), (g).

In subsection (a), the definition of “executive agency” is omitted as unnecessary.

In subsection (f)(1), the words “Not later than 1 year after the date of the enactment of this Act” are omitted as obsolete.

In subsection (g)(2), the words “Associate Administrator” are substituted for “Associate Administrator for Acquisition Workforce Programs designated under section 855(a) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 Stat. 251; 41 U.S.C. 433(a))” because of subsection (a)(1).

In subsection (g)(3)(D), the reference to “section 37(j) of the Office of Federal Procurement Policy Act” is changed to “section 1703(g) of this title” to correct an error in the law.

Editorial Notes

Amendments

2013—Subsec. (span). Puspan. L. 112–239, § 1076(a)(14), made technical amendment to directory language of Puspan. L. 112–81, § 864(a)(2). See 2011 Amendment note below.

2011—Subsec. (span). Puspan. L. 112–81, § 864(a)(2), as amended by Puspan. L. 112–239, § 1076(a)(14), substituted “The Associate Administrator shall be located in the Office of Federal Procurement Policy.” for “The Associate Administrator shall be located in the Federal Acquisition Institute (or its successor).” in introductory provisions.

Puspan. L. 112–81, § 864(a)(1), inserted “The Associate Administrator shall be chosen on the basis of demonstrated knowledge and expertise in acquisition, human capital, and management.” after “Programs.” in introductory provisions.

Subsec. (span)(5), (6). Puspan. L. 112–81, § 864(a)(3)–(5), added par. (5) and redesignated former par. (5) as (6).

Statutory Notes and Related Subsidiaries

Effective Date of 2013 Amendment

Puspan. L. 112–239, div. A, title X, § 1076(a), Jan. 2, 2013, 126 Stat. 1947, provided that the amendment made by section 1076(a)(14) is effective Dec. 31, 2011, and as if included in Puspan. L. 112–81 as enacted.

Expansion of Training and Use of Information Technology Cadres

Puspan. L. 113–291, div. A, title VIII, § 835, Dec. 19, 2014, 128 Stat. 3449, provided that:

“(a)Purpose.—The purpose of this section is to ensure timely progress by Federal agencies toward developing, strengthening, and deploying information technology acquisition cadres consisting of personnel with highly specialized skills in information technology acquisition, including program and project managers.

“(span)Strategic Planning.—

“(1)In general.—The Administrator for Federal Procurement Policy, in consultation with the Administrator for E-Government and Information Technology, shall work with Federal agencies, other than the Department of Defense, to update their acquisition human capital plans that were developed pursuant to the October 27, 2009, guidance issued by the Administrator for Federal Procurement Policy in furtherance of section 1704(g) of title 41, United States Code (originally enacted as section 869 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4553)), to address how the agencies are meeting their human capital requirements to support the timely and effective acquisition of information technology.

“(2)Elements.—The updates required by paragraph (1) shall be submitted to the Administrator for Federal Procurement Policy and shall address, at a minimum, each Federal agency’s consideration or use of the following procedures:

“(A) Development of an information technology acquisition cadre within the agency or use of memoranda of understanding with other agencies that have such cadres or personnel with experience relevant to the agency’s information technology acquisition needs.

“(B) Development of personnel assigned to information technology acquisitions, including cross-functional training of acquisition information technology and program personnel.

“(C) Use of the specialized career path for information technology program managers as designated by the Office of Personnel Management and plans for strengthening information technology program management.

“(D) Use of direct hire authority.

“(E) Conduct of peer reviews.

“(F) Piloting of innovative approaches to information technology acquisition workforce development, such as industry-government rotations.

“(c)Federal Agency Defined.—In this section, the term ‘Federal agency’ means each agency listed in section 901(span) of title 31, United States Code.”