DEFENSE ACQUISITION WORKFORCE

SEC. 1202. DEFENSE ACQUISITION WORKFORCE (a) Defense Acquisition Workforce.— Subtitle A of title 10, United States Code, is amended by inserting after chapter 85 the following new section: “CHAPTER 87— DEFENSE ACQUISITION WORKFORCE “Subchapter Sec. “I. General Authorities and Responsibilities 1701 “II. Defense Acquisition Positions 1721 “III. Acquisition Corps 1731 ‘TV. Education and Training 1741 “V. General Management Provisions 1761 “SUBCHAPTER I— GENERAL AUTHORITIES AND RESPONSIBILITIES “Sec. “1701. Management policies. “1702. Under Secretary of Defense for Acquisition: authorities and responsibilities. “1703. Director of Acquisition Education, Training, and Career Development. “1704. Service acquisition executives: authorities and responsibilities. “1705. Directors of Acquisition Career Management in the military departments. “1706. Acquisition career program boards. “1707. Personnel in the Office of the Secretary of Defense and in the Defense Agencies. “§ 1701. Management policies “(a) Policies and Procedures.— The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense. “(b) Uniform Implementation.— The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense. “§ 1702. Under Secretary of Defense for Acquisition: authorities and responsibilities “Subject to the authority, direction, and control of the Secretary of Defense, the Under Secretary of Defense for Acquisition shall carry out all powers, functions, and duties of the Secretary of104 STAT. 1639 Defense with respect to the acquisition workforce in the Department of Defense. The Under Secretary shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented throughout the Department of Defense. “§ 1703. Director of Acquisition Education, Training, and Career Development “The Under Secretary of Defense for Acquisition shall appoint a Director of Acquisition Education, Training, and Career Development within the office of the Under Secretary to assist the Under Secretary in the performance of his duties under this chapter. “§ 1704. Service acquisition executives: authorities and responsibilities “Subject to the authority, direction, and control of the Secretary of the military department concerned, the service acquisition executive for each military department shall carry out all powers, functions, and duties of the Secretary concerned with respect to the acquisition workforce within the military department concerned and shall ensure that the policies of the Secretary of Defense established in accordance with this chapter are implemented in that department. “§ 1705. Directors of Acquisition Career Management in the military departments “There shall be a Director of Acquisition Career Management for each military department within the office of the service acquisition executive to assist the executive in the performance of his duties under this chapter. The Secretary of the Navy, acting through the service acquisition executive, may appoint separate directors for the Navy and the Marine Corps. “§ 1706. Acquisition career program boards “(a) Establishment.— The Secretary of each military department, acting through the service acquisition executive, shall 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 an Acquisition Corps under section 1731 of this title. “(b) Composition of Board.— Each acquisition career program board shall include the Director of Acquisition Career Management (or his representative), the Assistant Secretary with responsibility for manpower (or his representative), and the military and civilian senior officials with responsibility for personnel development in the various acquisition career fields. The service acquisition executive (or his representative) shall be the head of the board. “(c) Subordinate Boards.— The Secretary of a military department may establish a subordinate board structure in the department to which functions of the acquisition career program board may be delegated. “§ 1707. Personnel in the Office of the Secretary of Defense and in the Defense Agencies “(a) Policies.— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall establish and implement, in such manner as the Secretary considers appropriate,104 STAT. 1640 policies and procedures for the effective management, including accession, education, training, and career development, of persons serving in acquisition positions in the Office of the Secretary of Defense and the Defense Agencies. Such policies and procedures shall include (1) the establishment of one or more Acquisition Corps with respect to such persons, and (2) the establishment of an acquisition career program board (and any appropriate subordinate board structure) with respect to such persons. The Secretary shall ensure that, to the maximum extent practicable, such policies and procedures are as uniform as practicable with the policies established under this chapter for the military departments. “(b) Management.— The Director of Acquisition Education, Training, and Career Development appointed under section 1703 of this title shall serve as the Director of Acquisition Career Management for the Office of the Secretary of Defense and for the Defense Agencies. “SUBCHAPTER II— DEFENSE ACQUISITION POSITIONS “Sec. “1721. Designation of acquisition positions. “1722. Career development. “1723. General education, training, and experience requirements. “1724. Contracting positions: qualification requirements. “1725. Office of Personnel Management approval. “§ 1721. Designation of acquisition positions “(a) Designation.— The Secretary of Defense shall designate in regulations those positions in the Department of Defense that are acquisition positions for purposes of this chapter. “(b) Required Positions.— In designating the positions under subsection (a), the Secretary shall include, at a minimum, all acquisition-related positions in the following areas: “(1) Program management. “(2) Systems planning, research, development, engineering, and testing. “(3) Procurement, including contracting. “(4) Industrial property management. “(5) Logistics. “(6) Quality control and assurance. “(7) Manufacturing and production. “(8) Business, cost estimating, financial management, and auditing. “(9) Education, training, and career development. “(10) Construction. “(11) Joint development and production with other government agencies and foreign countries. “(c) Management Headquarters Activities.— The Secretary also shall designate as acquisition positions under subsection (a) those acquisition-related positions which are in management headquarters activities and in management headquarters support activities. For purposes of this subsection, the terms ‘management headquarters activities’ and ‘management headquarters support activities’ have the meanings given those terms in Department of Defense Directive 5100.73, entitled “Department of Defense Management Headquarters and Headquarters Support Activities,” dated November 25, 1988. 104 STAT. 1641 “§ 1722. Career development “(a) Career Paths.— The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall 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 of civilians and members of the armed forces to the most senior acquisition positions. The Secretary shall make available published information on such career paths. “(b) Limitation on Preference for Military Personnel.— (1) The Secretary of Defense shall ensure that no requirement or preference for a member of the armed forces is used in the consideration of persons for acquisition positions, except as provided in the policy established under paragraph (2). “(2) (A) The Secretary shall establish a policy permitting a particular acquisition position to be specified as available only to members of the armed forces if a determination is made, under criteria specified in the policy, that a member of the armed forces is required for that position by law, is essential for performance of the duties of the position, or is necessary for another compelling reason. “(B) Not later than December 15 of each year, the Under Secretary of Defense for Acquisition shall submit to the Secretary a report that lists each acquisition position that is restricted to members of the armed forces under such policy and the recommendation of the Under Secretary as to whether such position should remain so restricted. “(c) Opportunities for Civilians To Qualify.— The Secretary of Defense shall ensure that civilian personnel are provided the opportunity to acquire the education, training, and experience necessary to qualify for senior acquisition positions. “(d) Best Qualified.— The Secretary of Defense shall ensure that the policies established under this chapter are designed to provide for the selection of the best qualified individual for a position, consistent with other applicable law. “(e) Management of Workforce.— The Secretary of Defense shall ensure that the acquisition workforce is managed such that, for each fiscal year from October 1, 1991, through September 30, 1996, there is a substantial increase in the proportion of civilians (as compared to armed forces personnel) serving in critical acquisition positions in general, in program manager positions, and in division head positions over the proportion of civilians (as compared to armed forces personnel) in such positions on October 1, 1990. “(f) Assignments Policy.— (1) The Secretary of Defense shall establish a policy on assigning military personnel to acquisition positions that provides for a balance between (A) the need for personnel to serve in career broadening positions, and (B) the need for requiring service in each such position for sufficient time to provide the stability necessary to effectively carry out the duties of the position and to allow for the establishment of responsibility and accountability for actions taken in the position. “(2) In implementing the policy established under paragraph (1), the Secretaries of the military departments shall provide, as appropriate, for longer lengths of assignments to acquisition positions than assignments to other positions. “(g) Performance Appraisals.— The Secretary of each military department, acting through the service acquisition executive for104 STAT. 1642 that department, shall provide an opportunity for review and inclusion of any comments on any appraisal of the performance of a person serving in an acquisition position by a person serving in an acquisition position in the same acquisition career field. “(h) Balanced Workforce Policy.— In the development of defense acquisition workforce policies under this chapter with respect to any civilian employees or applicants for employment, the Secretary of Defense or the Secretary of a military department (as applicable) shall, consistent with the merit system principles set out in paragraphs (1) and (2) of section 2301(b) of title 5, take into consideration the need to maintain a balanced workforce in which women and members of racial and ethnic minority groups are appropriately represented in Government service. “§ 1723. General education, training, and experience requirements “(a) Qualification Requirements.— The Secretary of Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of complexity of duties carried out in the position. Unless otherwise provided in this chapter, such requirements shall take effect not later than October 1, 1993. In establishing such requirements for positions other than critical acquisition positions designated pursuant to section 1733 of this title, the Secretary may state the requirements by categories of positions. “(b) Limitation on Credit for Training or Education.— Not more than one year of a period of time spent pursuing a program of academic training or education in acquisition may be counted toward fulfilling any requirement established under this chapter for a certain period of experience. “§ 1724. Contracting positions: qualification requirements “(a) Contracting Officers.— The Secretary of Defense shall require that, beginning on October 1, 1993, in order to qualify to serve in an acquisition position as a contracting officer with authority to award or administer contracts for amounts above the small purchase threshold referred to in section 2304(g) of this title, a person must (except as provided in subsections (c) and (d))— “(1) have completed all mandatory contracting courses required for a contracting officer at the grade level, or in the position within the grade of the General Schedule (in the case of an employee), that the person is serving in; “(2) have at least two years of experience in a contracting position; “(3) (A) have received a baccalaureate degree from an accredited educational institution authorized to grant baccalaureate degrees, (B) have completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education in any of the following disciplines: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management, or (C) have passed an examination considered by the Secretary of Defense to demonstrate skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education in any of the disciplines listed in subparagraph (B); and 104 STAT. 1643 “(4) meet such additional requirements, based on the dollar value and complexity of the contracts awarded or administered in the position, as may be established by the Secretary of Defense for the position. “(b) GS-1102 Series.— The Secretary of Defense shall require that, beginning on October 1, 1993, a person may not be employed by the Department of Defense in the GS-1102 occupational series unless the person (except as provided in subsections (c) and (d)) meets the requirements set forth in subsection (a)(3). “(c) Exceptions.— (1) The requirements set forth in subsections (a)(3) and (b) shall not apply to any employee who, on October 1, 1991, has at least 10 years of experience in acquisition positions, in comparable positions in other government agencies or the private sector, or in similar positions in which an individual obtains experience directly relevant to the field of contracting. “(2) The requirements of subsections (a) and (b) shall not apply to any employee for purposes of qualifying to serve in the position in which the employee is serving on October 1, 1993, or any other position in the same grade and involving the same level of responsibilities as the position in which the employee is serving on such date. “(d) Waiver.— The acquisition career program board of a military department may waive any or all of the requirements of subsections (a) and (b) with respect to an employee of that military department 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. With respect to each waiver granted under this subsection, the board shall set forth in a written document the rationale for its decision to waive such requirements. The document shall be submitted to and retained by the Director of Acquisition Education, Training, and Career Development. “§ 1725. Office of Personnel Management approval “(a) Qualification Requirements.— The Secretary of Defense shall submit any requirement with respect to civilian employees that is established under section 1723 or under section 1724(a)(4) of this title to the Director of the Office of Personnel Management for approval. If the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director. “(b) Examinations.— The Secretary of Defense shall submit examinations to be given to civilian employees under subsection (a)(3) or (b) of section 1724 of this title to the Director of the Office of Personnel Management for approval. If the Director does not disapprove an examination within 30 days after the date on which the Director receives the examination, the examination is deemed to be approved by the Director. “SUBCHAPTER III— ACQUISITION CORPS “Sec. “1731. Acquisition Corps: in general. “1732. Selection criteria and procedures. “1733. Critical acquisition positions. “1734. Career development. “1735. Education, training, and experience requirements for critical acquisition positions. 104 STAT. 1644 “1736. Applicability. “1737. Definitions and general provisions. “§ 1731. Acquisition Corps: in general “(a) Acquisition Corps.— The Secretary of Defense shall ensure that an Acquisition Corps is established for each of the military departments and one or more Corps, as he considers appropriate, for the other components of the Department of Defense. A separate Acquisition Corps may be established for each of the Navy and the Marine Corps. “(b) Promotion Rate for Officers in Acquisition Corps.— The Secretary of Defense shall ensure that the qualifications of commissioned officers selected for an Acquisition Corps are such that those officers are expected, as a group, to be promoted at a rate not less than the rate for all line (or the equivalent) officers of the same armed force (both in the zone and below the zone) in the same grade. “(c) OPM Approval.— The Secretary of Defense shall submit any requirement with respect to civilian employees established under section 1732 of this title to the Director of the Office of Personnel Management for approval. If the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director. “§ 1732. Selection criteria and procedures “(a) Selection Criteria and Procedures.— Selection for membership in an Acquisition Corps shall be made in accordance with criteria and procedures established by the Secretary of Defense. Such criteria and procedures shall be in effect on and after October 1, 1993. “(b) Eligibility Criteria.— Except as provided in subsections (c) and (d), only persons who meet all of the following requirements may be considered for service in the Corps: “(1) (A) In the case of an employee, the person must be currently serving in a position within grade GS-13 or above of the General Schedule (including any employee covered by chapter 54 of title 5). “(B) In the case of a member of the armed forces, the person must be currently serving in the grade of major or, in the case of the Navy, lieutenant commander, or a higher grade. “(C) In the case of an applicant for employment, the person must have experience in government or industry equivalent to the experience of a person in a position described in subparagraph (A) or (B), as validated by the appropriate career program management board. “(2) The person must meet the educational requirements prescribed by the Secretary of Defense. Such requirements, at a minimum, shall include both of the following: “(A) A requirement that the person— “(i) has received a baccalaureate degree at an accredited educational institution authorized to grant baccalaureate degrees, or “(ii) has been certified by the acquisition career program board of the employing military department as possessing significant potential for advancement to levels of greater responsibility and authority, based on104 STAT. 1645 demonstrated analytical and decision-making capabilities, job performance, and qualifying experience. “(B) A requirement that the person has completed— “(i) at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education from among the following disciplines: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management; or “(ii) at least 24 semester credit hours (or the equivalent) from an accredited institution of higher education in the person’s career field and 12 semester credit hours (or the equivalent) from such an institution from among the disciplines listed in clause (i). “(3) The person must meet experience requirements prescribed by the Secretary of Defense. Such requirements shall, at a minimum, include a requirement for at least four years of experience in an acquisition position in the Department of Defense or in a comparable position in industry or government. “(4) The person must meet such other requirements as the Secretary of Defense or the Secretary of the military department concerned prescribes by regulation. “(c) Exceptions.— (1) The requirements of subsections (b)(2)(A) and (b)(2)(B) shall not apply to any employee who, on October 1, 1991, has at least 10 years of experience in acquisition positions or in comparable positions in other government agencies or the private sector. “(2) The requirements of subsections (b)(2)(A) and (b)(2)(B) shall not apply to any employee who is serving in an acquisition position on October 1, 1991, and who does not have 10 years of experience as described in paragraph (1) if the employee passes an examination considered by the Secretary of Defense to demonstrate skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours (or the equivalent) of study from an accredited institution of higher education from among the following disciplines: accounting, business finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, and organization and management. The Secretary of Defense shall submit examinations to be given to civilian employees under this paragraph to the Director of the Office of Personnel Management for approval. If the Director does not disapprove an examination within 30 days after the date on which the Director receives the examination, the examination is deemed to be approved by the Director. “(d) Waiver.— (1) Except as provided in paragraph (2), the acquisition career program board of a military department may waive any or all of the requirements of subsection (b) with respect to an employee of that military department if the board certifies that the employee possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated analytical and decision-making capabilities, job performance, and qualifying experience. With respect to each waiver granted under this subsection, the board shall set forth in a written document the rationale for its decision to waive such requirements. The document shall be submitted to and retained by the Director of Acquisition Education, Training, and Career Development. 104 STAT. 1646 “(2) The acquisition career program board of a military department may not waive the requirements of subsection (b)(2)(A)(ii). “(e) Mobility Statements.— (1) The Secretary of Defense is authorized to require civilians in an Acquisition Corps to sign mobility statements. “(2) The Secretary of Defense shall identify which categories of civilians in an Acquisition Corps, as a condition of serving in the Corps, shall be required to sign mobility statements. The Secretary shall make available published information on such identification of categories. “§ 1733. Critical acquisition positions “(a) Requirement for Corps Member.— On and after October 1, 1993, a critical acquisition position may be filled only by a member of an Acquisition Corps. “(b) Designation of Critical Acquisition Positions.— (1) The Secretary of Defense shall designate the acquisition positions in the Department of Defense that are critical acquisition positions. Such positions shall include the following: “(A) Any acquisition position which— “(i) in the case of employees, is required to be filled by an employee in a position within grade GS-14 or above of the General Schedule (including an employee covered by chapter 54 of title 5), or in the Senior Executive Service; or “(ii) in the case of members of the armed forces, is required to be filled by a commissioned officer of the Army, Navy, Air Force, or Marine Corps who is serving in the grade of lieutenant colonel, or, in the case of the Navy, commander, or a higher grade. “(B) Other selected acquisition positions not covered by subparagraph (A), including the following: “(i) Program executive officer. “(ii) Program manager of a major defense acquisition program (as defined in section 2430 of this title) or of a significant nonmajor defense acquisition program (as defined in section 1736(a)(3) of this title). “(iii) Deputy program manager of a major defense acquisition program. “(C) Any other acquisition position of significant responsibility in which the primary duties are supervisory or management duties. “(2) The Secretary shall periodically publish a list of the positions designated under this subsection. “§ 1734. Career development “(a) Three-Year Assignment Period.— (1) Except as provided under subsection (b), the Secretary of each military department, acting through the service acquisition executive for that department, shall provide that, on and after October 1, 1993, any person who is assigned to a critical acquisition position shall be assigned to the position for not fewer than three years. Except as provided in subsection (d), the Secretary concerned may not reassign a person from such an assignment before the end of the three-year period. “(2) A person may not be assigned to a critical acquisition position unless the person executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position for at104 STAT. 1647 least three years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (b). “(b) Assignment Period for Program Managers.— (1) The Secretary of Defense shall prescribe in regulations— “(A) a requirement that, on and after October 1, 1991, a program manager and a deputy program manager of a major defense acquisition program be assigned to the position at least until completion of the major milestone that occurs closest in time to the date on which the person has served in the position for four years; and “(B) a requirement that, on and after October 1, 1991, to the maximum extent practicable, a program manager who is the replacement for a reassigned program manager arrive at the assignment location before the reassigned program manager leaves. Except as provided in subsection (d), the Secretary concerned may not reassign a program manager or deputy program manager from such an assignment until after such major milestone has occurred. “(2) A person may not be assigned to a critical acquisition position as a program manager or deputy program manager of a major defense acquisition program unless the person executes a written agreement to remain on active duty (in the case of a member of the armed forces) or to remain in Federal service (in the case of an employee) in that position at least until completion of the first major milestone that occurs closest in time to the date on which the person has served in the position for four years. The service obligation contained in such a written agreement shall remain in effect unless and until waived by the Secretary concerned under subsection (d). “(c) Major Milestone Regulations.— (1) The Secretary of Defense shall issue regulations defining what constitutes major milestones for purposes of this section. The service acquisition executive of each military department shall establish major milestones at the beginning of a major defense acquisition program consistent with such regulations and shall use such milestones to determine the assignment period for program managers and deputy program managers under subsection (b). “(2) The regulations shall require that major milestones be clearly definable and measurable events that mark the completion of a significant phase in a major defense acquisition program and that such milestones be the same as the milestones contained in the baseline description established for the program pursuant to section 2435(a) of this title. The Secretary shall require that the major milestones as defined in the regulations be included in the Selected Acquisition Report required for such program under section 2432 of this title. “(d) Waiver of Assignment Period.— (1) With respect to a person assigned to a critical acquisition position, the Secretary concerned may waive the prohibition on reassignment of that person (in subsection (a)(1) or (b)(1)) and the service obligation in an agreement executed by that person (under subsection (a)(2) or (b)(2)), but only in exceptional circumstances in which a waiver is necessary for reasons permitted in regulations prescribed by the Secretary of Defense. “(2) The authority to grant such waivers may be delegated by the service acquisition executive of a military department only to the104 STAT. 1648 Director of Acquisition Career Management for the military department. “(3) With respect to each waiver granted under this subsection, the service acquisition executive (or his delegate) shall set forth in a written document the rationale for the decision to grant the waiver. The document shall be submitted to the Director of Acquisition Education, Training, and Career Development. “(e) Rotation Policy.— (1) The Secretary of Defense shall establish a policy encouraging the rotation of members of an Acquisition Corps serving in critical acquisition positions to new assignments after completion of five years of service in such positions, or, in the case of a program manager, after completion of a major program milestone, whichever is longer. Such rotation policy shall be designed to ensure opportunities for career broadening assignments and an infusion of new ideas into critical acquisition positions. “(2) The Secretary of Defense shall establish a procedure under which the assignment of each person assigned to a critical acquisition position shall be reviewed on a case-by-case basis, by the acquisition career program board of the department concerned, for the purpose of determining whether the Government and such person would be better served by a reassignment to a different position. Such a review shall be carried out with respect to each such person not later than five years after that person is assigned to a critical position. “(f) Centralized Job Referral System.— The Secretary of Defense shall prescribe regulations providing for the use of centralized lists to ensure that persons are selected for critical positions without regard to geographic location of applicants for such positions. “(g) Exchange Program.— (1) The Secretary of Defense shall establish, for purposes of broadening the experience of members of each Acquisition Corps, a test program in which members of a Corps serving in a military department or Defense Agency are assigned or detailed to an acquisition position in another department or agency. Under the test program, the Secretary of Defense shall ensure that, to the maximum extent practicable, at least 5 percent of the members of the Acquisition Corps shall serve in such exchange assignments each year. The test program shall operate for not less than a period of three years. “(2) The Secretary of Defense shall submit the portion of the test program applicable to civilian employees to the Director of the Office of Personnel Management for approval. If the Director does not disapprove that portion of the test program within 30 days after the date on which the Director receives it, that portion of the test program is deemed to be approved by the Director. “(h) Responsibility for Assignments.— The Secretary of each military department, acting through the service acquisition executive for that department, is responsible for making assignments of civilian and military members of the Acquisition Corps of that military department to critical acquisition positions. “§ 1735. Education, training, and experience requirements for critical acquisition positions “(a) Qualification Requirements.— In establishing the education, training, and experience requirements under section 1723 of this title for critical acquisition positions, the Secretary of Defense shall, at a minimum, include the requirements set forth in subsections (b) through (e). 104 STAT. 1649 “(b) Program Managers and Deputy Program Managers.— Before being assigned to a position as a program manager or deputy program manager of a major defense acquisition program or a significant nonmajor defense acquisition program, a person— “(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution determined to be comparable by the Secretary of Defense; “(2) must have executed a written agreement as required in section 1734(b)(2); and “(3) in the case of— “(A) a program manager or deputy program manager of a major defense acquisition program, must have at least eight years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization; and “(B) a program manager or deputy program manager of a significant nonmajor defense acquisition program, must have at least six years of experience in acquisition. “(c) Program Executive Officers.— Before being assigned to a position as a program executive officer, a person— “(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution in the private sector determined to be comparable by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition; “(2) must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position; and “(3) must have held a position as a program manager or a deputy program manager. “(d) General and Flag Officers and Civilians in Equivalent Positions.— Before a general or flag officer, or a civilian serving in a position equivalent in grade to the grade of such an officer, may be assigned to a critical acquisition position, the person must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position. “(e) Senior Contracting Officials.— Before a person may be assigned to a critical acquisition position as a senior contracting official, the person must have at least four years experience in contracting. “§ 1736. Applicability “(a) In General.— Except as provided in subsections (b) and (c), the qualification requirements prescribed pursuant to section 1735 shall apply to all critical acquisition positions not later than October 1, 1992. “(b) Program Managers.— The qualification requirements prescribed pursuant to section 1735 shall apply with respect to program manager positions not later than October 1, 1991. “(c) Exceptions.— The qualification requirements prescribed pursuant to sections 1733(a) and 1735(a) shall not apply— “(1) to an employee who is serving in a critical acquisition position on October 1, 1992, for purposes of qualifying to continue to serve in such position; or 104 STAT. 1650 “(2) to a person who is serving in a program manager position on October 1, 1991, for purposes of qualifying to continue to serve in such position. “§ 1737. Definitions and general provisions “(a) Definitions.— In this subchapter: “(1) The term ‘program manager’ means, with respect to a defense acquisition program, the member of an Acquisition Corps responsible for managing the program, regardless of the title given the member. “(2) The term ‘deputy program manager’ means the person who has authority to act on behalf of the program manager in the absence of the program manager. “(3) The term ‘significant nonmajor defense acquisition program’ means a Department of Defense acquisition program that is not a major defense acquisition program (as defined in section 2430 of this title) and that is estimated by the Secretary of Defense to require an eventual total expenditure for research, development, test, and evaluation of more than $50,000,000 (based on fiscal year 1980 constant dollars) or an eventual total expenditure for procurement of more than $250,000,000 (based on fiscal year 1980 constant dollars). “(4) The term ‘program executive officer’ has the meaning given such term in regulations prescribed by the Secretary of Defense. “(5) The term ‘senior contracting official’ means a director of contracting, or a principal deputy to a director of contracting, serving in the office of the Secretary of a military department, the headquarters of a military department, the head of a Defense Agency, a subordinate command headquarters, or in a major systems or logistics contracting activity in the Department of Defense. “(b) Limitation.— Any civilian or military member of the Corps who does not meet the education, training, and experience requirements for a critical acquisition position established under this subchapter may not carry out the duties or exercise the authorities of that position, except for a period not to exceed six months, unless a waiver of the requirements is granted under subsection (c). “(c) Waiver.— (1) The Secretary of each military department (acting through the service acquisition executive for that department) or the Secretary of Defense (acting through the Under Secretary of Defense for Acquisition) for Defense Agencies and other components of the Department of Defense may waive, on a case-by-case basis, the requirements established under this subchapter with respect to the assignment of an individual to a particular critical acquisition position. Such a waiver may be granted only if unusual circumstances justify the waiver or if the Secretary concerned (or official to whom the waiver authority is delegated) determines that the individual’s qualifications obviate the need for meeting the education, training, and experience requirements established under this subchapter. “(2) The authority to grant such waivers may be delegated— “(A) in the case of the service acquisition executives of the military departments, only to the Director of Acquisition Career Management for the military department concerned; and 104 STAT. 1651 “(B) in the case of the Under Secretary of Defense for Acquisition, only to the Director of Acquisition, Education, Training, and Career Development. “(d) OPM Approval.— The Secretary of Defense shall submit any requirement with respect to civilian employees established under this subchapter to the Director of the Office of Personnel Management for approval. If the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director. “SUBCHAPTER IV— EDUCATION AND TRAINING “Sec. “1741. Policies and programs: establishment and implementation. “1742. Intern program. “1743. Cooperative education program. “1744. Scholarship program. “1745. Additional education and training programs available to acquisition personnel. “1746. Defense acquisition university structure. “§ 1741. Policies and programs: establishment and implementation “(a) Policies and Procedures.— The Secretary of Defense shall establish policies and procedures for the establishment and implementation of the education and training programs authorized by this subchapter. “(b) Funding Levels.— The Under Secretary of Defense for Acquisition each year shall recommend to the Secretary of Defense the funding levels to be requested in the defense budget to implement the education and training programs under this subchapter. The Secretary of Defense shall set forth separately the funding levels requested for such programs in the Department of Defense budget justification documents submitted in support of the President’s budget submitted to Congress under section 1105 of title 31. “(c) Programs.— The Secretary of each military department, acting through the service acquisition executive for that department, shall establish and implement the education and training programs authorized by this subchapter. In carrying out such requirement, the Secretary concerned shall ensure that such programs are established and implemented throughout the military department concerned and, to the maximum extent practicable, uniformly with the programs of the other military departments. “§ 1742. Intern program “The Secretary of Defense shall require that each military department conduct an intern program for purposes of providing 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. “§ 1743. Cooperative education program “The Secretary of Defense shall require that the Secretary of each military department conduct a department-wide cooperative education credit program under which students are employed by the Department of Defense in acquisition positions. Under the program, the Secretary shall enter into cooperative arrangements with one or more accredited institutions of higher education which provide for104 STAT. 1652 such institutions to grant undergraduate credit for work performed in such a position. “§ 1744. Scholarship program “(a) Establishment.— The Secretary of Defense shall establish a scholarship program for the purpose of qualifying personnel for acquisition positions in the Department of Defense. “(b) Eligibility.— To be eligible to participate in the scholarship program, an individual must— “(1) be accepted for enrollment or be currently enrolled as a full-time student at an accredited educational institution authorized to grant baccalaureate or graduate degrees (as appropriate); “(2) be pursuing a course of education that leads toward completion of a bachelor’s, master’s, or doctor’s degree (as appropriate) in a qualifying field of study, as determined by the Secretary of Defense; “(3) sign an agreement described in subsection (c) under which the participant agrees to serve a period of obligated service in the Department of Defense in an acquisition position in return for payment of educational assistance as provided in the agreement; and “(4) meet such other requirements as the Secretary prescribes. “(c) Agreement.— An agreement between the Secretary of Defense and a participant in the scholarship program established under this section shall be in writing, shall be signed by the participant, and shall include the following provisions: “(1) The Secretary’s agreement to provide the participant with educational assistance for a specified number (from one to four) of school years during which the participant is pursuing a course of education in a qualifying field of study. The assistance may include payment of tuition, fees, books, laboratory expenses, and a stipend. “(2) The participant’s agreement (A) to accept such educational assistance, (B) to maintain enrollment and attendance in the course of education until completed, (O while enrolled in such course, to maintain an acceptable level of academic standing (as prescribed by the Secretary), and (D) after completion of the course of education, to serve as a full-time employee in an acquisition position in the Department of Defense for a period of time of one calendar year for each school year or part thereof for which the participant was provided a scholarship under the scholarship program. “(d) Repayment.— (1) Any person participating in a program established under this section shall agree to pay to the United States the total amount of educational assistance provided to the person under the program if the person is voluntarily separated from service or involuntarily separated for cause from the Department of Defense before the end of the period for which the person has agreed to continue in the service of the Department of Defense in an acquisition position. “(2) If an employee fails to fulfill his agreement to pay to the Government the total amount of educational assistance provided to the person under the program, a sum equal to the amount of the educational assistance is recoverable by the Government from the employee or his estate by— 104 STAT. 1653 “(A) setoff against accrued pay, compensation, amount of retirement credit, or other amount due the employee from the Government; and “(B) such other method as is provided by law for the recovery of amounts owing to the Government. “(3) The Secretary may waive in whole or in part a required repayment under this subsection if the Secretary determines the recovery would be against equity and good conscience or would be contrary to the best interests of the United States. “§ 1745. Additional education and training programs available to acquisition personnel “(a) Tuition Reimbursement and Training.— The Secretary of Defense shall provide for tuition reimbursement and training (including a full-time course of study leading to a degree) under section 4107(d) of title 5 for acquisition personnel in the Department of Defense for the purposes described in that section. For purposes of such section 4107(d), there is deemed to be, until September 30, 2001, a shortage of qualified personnel to serve in acquisition positions in the Department of Defense. “(b) Repayment of Student Loans.— The Secretary of Defense may repay all or part of a student loan under section 5379 of title 5 for an employee of the Department of Defense appointed to an acquisition position. “§ 1746. Defense acquisition university structure “(a) Defense Acquisition University Structure.— (1) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, shall establish and maintain a defense acquisition university structure to provide for— “(A) the professional educational development and training of the acquisition workforce; and “(B) research and analysis of defense acquisition policy issues from an academic perspective. “(b) Civilian Faculty Members.— (1) The Secretary of Defense may employ as many civilians as professors, instructors, and lecturers in the defense acquisition university structure as the Secretary considers necessary. “(2) The compensation of persons employed under this subsection shall be as prescribed by the Secretary. “(3) In this subsection, the term ‘defense acquisition university’ includes the Defense Systems Management College. “SUBCHAPTER V— GENERAL MANAGEMENT PROVISIONS “Sec. “1761. Management information system. “1762. Report to Secretary of Defense. “1763. Reassignment of authority. “1764. Authority to establish different minimum experience requirements. “§ 1761. Management information system “(a) In General.— The Secretary of Defense shall prescribe regulations to ensure that the military departments and Defense Agencies establish a management information system capable of providing standardized information to the Secretary on persons serving in acquisition positions. 104 STAT. 1654 “(b) Minimum Information.— The management information system shall, at a minimum, provide for— “(1) the collection and retention of information concerning the qualifications, assignments, and tenure of persons in the acquisition workforce; “(2) any exceptions and waivers granted with respect to the application of qualification, assignment, and tenure policies, procedures, and practices to such persons; “(3) relative promotion rates for military personnel in the acquisition workforce; and “(4) collection of the information necessary for the Under Secretary of Defense for Acquisition and the Secretary of Defense to comply with the requirements of section 1762 for the years in which that section is in effect. “§ 1762. Report to Secretary of Defense “(a) Report of Under Secretary of Defense for Acquisition.— Each year the Under Secretary of Defense for Acquisition shall transmit to the Secretary of Defense a report on the status of the defense acquisition workforce. Each annual report shall include, for each military department and Defense Agency and the Office of the Secretary of Defense, information on each category of information referred to in subsection (c). “(b) Inclusion of Information in Annual Report.— The Secretary of Defense shall include in the annual report of the Secretary to Congress under section 113(c) of this title the information in the report transmitted to the Secretary under subsection (a). “(c) Information.— The following information shall be included in the report transmitted to the Secretary under subsection (a) for the period covered by the report (which shall be shown for the Department of Defense as a whole and, with respect to paragraphs (1) through (12), separately for the Army, Navy, Air Force, Marine Corps, Defense Agencies, and Office of the Secretary of Defense): “(1) The number of acquisition positions specified under the policy established under section 1722(b)(2) of this title as being available, as of December 1 of the period covered by the report, only to members of the armed forces, set forth separately under each criterion established in the policy, together with a discussion of the types of positions that are so specified. “(2) The total number of persons serving in the Acquisition Corps as of December 1 of the period covered by the report, set forth separately for members of the armed forces and civilian employees, by grade level and by functional specialty. “(3) The total number of critical acquisition positions held as of December 1 of the period covered by the report, set forth separately for members of the armed forces and civilian employees, by grade level and by other appropriate categories (including by program manager, deputy program manager, and division head positions). For each such category, the report shall specify the number of civilians holding such positions compared to the total number of positions filled. “(4) (A) The promotion rate for officers in an acquisition corps considered for promotion from within the promotion zone, compared with the promotion rate for other officers considered for promotion from within the promotion zone in the same pay grade, shown for all officers of the same armed force and for all line (or the equivalent) officers of the same armed force. 104 STAT. 1655 “(B) The promotion rate for officers in an acquisition corps considered for promotion from below the promotion zone, compared in the same manner as specified in subparagraph (A). “(C) If the promotion rates fail to meet the objective of section 1731(b) of this title, the Secretary of Defense shall notify Congress of such failures and of what actions the Secretary has taken or plans to take in reaction to such failures. “(5) The number of employees who met the requirement of section 1724(a)(3) or section 1724(b) of this title by passing an exam as described in section 1724(a)(3)(C), set forth separately for contracting officers and persons in the GS-1102 occupational series. “(6) The number of employees to whom the requirements of subsections (b)(2)(A) and (b)(2)(B) of section 1732 of this title did not apply because of the exceptions provided in paragraphs (1) and (2) of section 1732(c) of this title, set forth separately by type of exception. “(7) The number of employees certified by an acquisition career program board under section 1732(b)(2)(A)(ii) of this title. “(8) The number of program managers and deputy program managers who were reassigned after completion of a major milestone occurring closest in time to the date on which the person has served in the position for four years (as required under section 1734(b) of this title), and the proportion of those reassignments to the total number of reassignments of program managers and deputy program managers, set forth separately for program managers and deputy program managers. The Secretary also shall include the average length of assignment served by program managers and deputy program managers so reassigned. “(9) The number of persons, excluding those reported under paragraph (8), in critical acquisition positions who were reassigned after a period of three years or longer (as required under section 1734(a) of this title), and the proportion of those reassignments to the total number of reassignments of persons, excluding those reported under paragraph (8), in critical acquisition positions. “(10) The number of times a waiver authority was exercised under section 1724(d), 1732(d), 1734(d), or 1736(c) of this title or any other provision of this chapter (or other provision of law) which permits the waiver of any requirement relating to the acquisition workforce, and in the case of each such authority, the reasons for exercising the authority. The Secretary may present the information provided under this paragraph by category or grouping of types of waivers and reasons. “(11) The number of persons reviewed for reassignment pursuant to section 1734(e)(2) of this title and the number of persons reassigned as a result of such reviews, together with a discussion of the criteria used to determine reassignments. “(12) The number of persons participating in each of the programs described in sections 1742 through 1745 of this title, as of December 1 of the period covered by the report. “(13) The number of persons paid a bonus under section 317 of title 37 and the number of years of service agreed to, for each such bonus, by category. “(14) Such other information and comparative data as the Secretary of Defense considers appropriate to demonstrate the104 STAT. 1656 performance of the Department of Defense and the performance of each military department in carrying out this chapter. “(d) Effective Date.— The requirements of this section shall apply to the years 1991 through 1998. “§ 1763. Reassignment of authority “On and after October 1, 1993, the Secretary of Defense may assign the responsibilities under this chapter of the Under Secretary of Defense for Acquisition to any other civilian official in the Office of the Secretary of Defense who is appointed by the President by and with the advice and consent of the Senate. If the Secretary takes action under the preceding sentence, he may authorize the secretaries of the military departments to assign the responsibilities of a senior acquisition executive under this chapter to any other civilian official in the military department who is appointed by the President by and with the advice and consent of the Senate. “§ 1764. Authority to establish different minimum experience requirements “(a) Authority.— During the six-year period beginning on October 1, 1992, and ending on September 30, 1998, the Secretary of Defense may prescribe a different minimum number of years of experience to be required for eligibility for appointment to an acquisition position referred to in subsection (b) than is required for such position under or pursuant to any provision of this chapter. Any requirement prescribed under this section for a position referred to in any paragraph of subsection (b) shall be applied uniformly to all positions referred to in such paragraph. “(b) Applicability.— This section applies to the following acquisition positions in the Department of Defense: “(1) Contracting officer. “(2) Program executive officer. “(3) Senior contracting official. “(c) OPM Approval.— The Secretary of Defense shall submit any requirement with respect to civilian employees that is prescribed under this section to the Director of the Office of Personnel Management for approval if the Director does not disapprove the requirement within 30 days after the date on which the Director receives the requirement, the requirement is deemed to be approved by the Director. “(d) Report.— The Secretary of Defense shall notify Congress of each requirement prescribed under subsection (a) together with his reasons for prescribing such requirement.”. (b) Clerical Amendment.— The tables of chapters at the beginning of subtitle A of title 10, United States Code, and at the beginning of part II of such subtitle are each amended by striking out the item relating to chapter 85 and inserting in lieu thereof the following: “87.. Defense Acquisition Workforce 1701”.