legislation: 101-hr-5211
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| 101-hr-5211 | 101 | hr | 5211 | Defense Acquisition Workforce Improvement Act | Armed Forces and National Security | 1990-06-28 | 1990-07-13 | Referred to the Subcommittee on Investigations. | House | Rep. Mavroules, Nicholas [D-MA-6] | MA | D | M000264 | 5 | Defense Acquisition Workforce Improvement Act - Revises Federal armed forces provisions relating to procurement personnel within the Department of Defense (DOD). Directs the Secretary of Defense to establish policies for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions within DOD. Requires the Under Secretary of Defense for Acquisition to carry out all the powers, functions, and duties of the Secretary with respect to the acquisition workforce in DOD. Requires the service acquisition executive for each military department to carry out all the powers, functions, and duties of the Secretary of such military department with respect to the acquisition workforce within such department and ensure that all appropriate management policies are implemented in the department. Establishes within the Office of the Under Secretary a Director of Acquisition Education, Training, and Career Development, who shall: (1) formulate, implement, and oversee the training, education, and career development policies and programs for persons serving in acquisition positions within DOD; and (2) report to the Under Secretary on the effectiveness of such policy and program implementation. Establishes within the office of the service acquisition executive of each department a Director of Acquisition Career Management to monitor compliance and coordinate the management of the acquisition workforce and serve in a liaison capacity for acquisition career program functions. Directs the Secretary of each military department to establish an acquisition career program board to advise the service acquisition executive in managing the accession, training, education, and career development of military and civilian personnel in the acquisition workforce and in selecting individuals for appointment into the Acquisition Corps. Directs the Secretary of Defense to establish and implement policies for the effective management of persons serving in acquisition positions in the Office of the Secretary of Defense and the defense agencies, including the establishment of an Acquisition Corps with respect to such persons. Makes the above provisions applicable to reserve officers in an active status not on the active duty list. Requires the Secretary to designate DOD acquisitions positions for the purposes of these provisions. Specifies positions to be included as acquisition positions. Requires acquisition-related positions in management headquarters support and management headquarters activities to be included in such classification. Directs the Secretary to establish education, training, and experience requirements for each acquisition position. Provides that, in order to serve in an acquisition position as a contracting officer authorized to administer contracts for more than $25,000 (the small purchase contract limit), a person must have specified contracting courses, experience, and education and meet such additional requirements as may be established by the Secretary. Specifies the experience and education required before a person may be employed by DOD in the GS-1102 occupational series, with certain exceptions, including having at least ten years of experience in acquisition or comparable positions. Authorizes the career management board of a military department to waive such experience and education requirements if the board certifies that the employee possesses significant potential for advancement to levels of greater responsibility and authority based on demonstrated job performance and qualifying experience. Directs the Secretary to ensure that appropriate career paths for civilian and military personnel who wish to pursue careers in acquisition are identified in terms of the education, training, experience, and assignments necessary for career progression to the most senior acquisition positions. Requires the Secretary to ensure that civilian personnel are provided the opportunity to acquire the experience, background, and education required to qualify for senior acquisition positions. Provides that no requirement may be imposed relating to the civilian or military status of a person under consideration for an acquisition position. Requires that both civilian and military members of the armed forces be considered for such positions on an equal basis. Allows a position to be classified as open only to members of the armed forces only upon a determination that such a member is essential for such position or is necessary for another compelling reason. Requires the Secretary to review such a classification to determine whether it should remain. Directs the Secretary to: (1) ensure that the best qualified individual shall be selected for the position; (2) ensure that the acquisition workforce is managed so that, over time, more civilians become qualified and are selected for senior acquisition positions; and (3) establish a policy on assignments for both civilian and military personnel to acquisition positions that provides a balance between the need for career-broadening assignments and the need for requiring sufficient time for each assignment. Requires the Secretary of each military department to: (1) ensure that qualifications of officers selected for the Acquisition Corps are such that such officers are expected to be promoted at a rate not less than the rate for all line officers of the same armed force in the same grade; and (2) require that any performance appraisal of a person serving in an acquisition position be performed by a person serving in an acquisition position in the same career field. Authorizes the Secretary, in order to attract and retain employees to serve in acquisition positions in areas with high housing costs, to pay an employee a housing allowance. Requires the Secretary to establish a pilot program in four cities where housing allowances shall be paid and to make reports concerning such pilot program. Establishes within each military department an Acquisition Corps consisting of civilian employees and members of the armed forces. Outlines education, training, and experience requirements and exceptions. Allows the career management board of a military department to waive such requirements when the board certifies that the employee involved possesses significant potential for advancement to levels of greater responsibility and authority. Outlines provisions concerning critical acquisition positions within DOD. Allows such positions to be filled only by members of the Acquisition Corps. Outlines requirements for the designation of an acquisition position as critical and specifies certain positions as critical. Directs the Secretary to establish requirements for education, training, and experience for all critical positions. Prohibits any civilian or military employee not meeting such requirements from performing in such position for more than six months, unless he or she is granted a waiver. Authorizes the Secretary concerned to waive such requirements on a case-by-case basis if unusual circumstances exist or if the individual's qualifications obviate the need for such requirements. Limits the delegation of authority for granting such waivers. Outlines requirements an individual must meet before being assigned to a critical position as a program manager or deputy program manager, including completion of a specified program management course, the execution of a written agreement, and specified years of experience in acquisition. Describes a minimum period in which a program manager or deputy manager must serve (a major milestone assignment period). Requires a minimum service agreement to be signed. Authorizes the Secretary concerned to waive such assignment period only in exceptional circumstances. Limits the delegation of authority for granting such waivers. Directs the Secretary of Defense to issue uniform guidelines defining major milestones. Outlines requirements an individual must meet before being assigned to a critical position as a program executive officer or a senior contracting official. Requires ten years' acquisition experience for a person in the Senior Executive Service or who is a general or flag officer before such person can be assigned to a critical acquisition position. Directs the Secretary of each department to provide that no person shall be assigned to a critical acquisition position for fewer than three years. Requires such person to execute a written agreement to remain in the position for such period. Authorizes the Secretary concerned to waive the required assignment period only in specified exceptional circumstances (poor performance, suspension from active duty, retirement, reassignment for unusual reasons). Limits the delegation of authority for granting such waivers. Directs the Secretary of Defense to establish a policy encouraging the rotation of members of the Acquisition Corps serving in critical acquisition positions to new assignments after five years, or, in the case of a program manager, after completion of the major milestone period, whichever is longer. Requires the Secretary of each department to review critical acquisition assignments to determine whether the Government and the individual would be better served by a reassignment. Directs the Secretary concerned to select civilian personnel for critical acquisition positions from a centralized job referral system. Directs the Secretary of Defense to establish a test program in which members of the Acquisition Corps serving in a military department or defense agency are assigned or detailed to an acquisition position in another department or agency. Requires such test program to operate for at least three years. Directs the Secretary of Defense to establish policies for the establishment and implementation of the education and training programs authorized under this Act. Directs the Under Secretary to recommend to the Secretary appropriate funding levels to implement the education and training programs. Directs the Secretary of each military department to implement such program. Directs the Secretary of Defense to require each military department to establish and implement: (1) an intern program to provide highly qualified and talented individuals an opportunity for accelerated promotions, career broadening assignments, and specified training to prepare them for entry into the Acquisition Corps; and (2) a cooperative education program in which cooperative arrangements are entered into to provide educational credit to undergraduate students who are employed by DOD in an acquisition position. Directs the Secretary of Defense to establish: (1) a tuition reimbursement program for purposes of career development of acquisition personnel in DOD; (2) a scholarship program for acquisition personnel in DOD; and (3) a program under which DOD employees may be assigned to attend, as full-time students, accredited institutions for education leading to a master's or doctor's degree in a qualifying field of study, as determined by the Secretary. Outlines, for each of such programs, eligibility and written agreement requirements, including a promised period of service. Authorizes the Secretary of Defense to repay all or part of a student loan for a DOD employee appointed to an acquisition position that requires highly qualified professional, technical, or administrative personnel if the employee agrees to be employed in an acquisition position for at least three years. Provides that DOD shall cease repayment of such loan if the employee is voluntarily or involuntarily separated from such service before the termination of the required period. Requires repayment to the United States from persons participating in the scholarship program or the full-time student employee degree program for educational assistance provided when such person fails to complete the agreed-upon period of Federal employment after graduation. Directs the Secretary of Defense to establish a structure for a defense acquisition university. Authorizes the Secretary to employ professors, instructors, and lecturers in such university. Directs the Secretary to develop procedures to ensure that the military departments implement a management information system to provide standardized information to the Secretary on the qualifications of personnel serving in acquisition positions. Directs the Secretary to report annually to the Congress concerning acquisition positions available, the number of persons serving the Acquisition Corps, the total number of critical acquisition positions held, and other information relating to defense acquisition personnel during the prior year. Requires regulation revisions and waiver documents to be submitted to the Congress at the same time that the Secretary submits his annual defense budget to the Congress. Provides for the payment of a retention bonus for officers serving in critical acquisition positions who execute a written agreement to extend by at least one year their period of active duty in such position. Outlines officers covered and provided bonus terms and conditions, limiting the bonus paid to no more than $6,000 per year. Requires repayment of such bonus on a pro rata basis for an officer who fails to complete the total period of additional duty agreed upon. Directs the Secretary of Defense to review all acquisition positions to determine which positions should be specified as available only for military members. Requires the Secretaries of the military departments to fill critical acquisition positions by Acquisition Corps members as soon as possible. Requires the Secretary of Defense to publish the first list of positions designated as critical acquisition positions within 18 months after enactment of this Act. Directs the Secretary of Defense to report to the Armed Services Committees within six months after enactment of this Act an implementation plan for the defense acquisition university structure. States that the 180-day waiting period for the hire of retired military personnel shall not apply to a person appointed to a critical acquisition position. States that a certain reduction in retired or retainer pay for persons employed by the Government after retirement also shall not apply to members appointed to critical acquisition positions. Repeals Federal provisions concerning: (1) the assignment of contracting officers under the Department of Defense Authorization, 1986; and (2) the tour of duty for defense acquisition program managers. Directs the Comptroller General to conduct an independent evaluation of the actions taken by the Secretary of Defense to carry out this Act and to report on such evaluation to the Armed Services Committees within two years after the enactment of this Act. | 2025-08-26T17:28:29Z |