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TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED MATTERS

Subtitle F--Provisions Relating to Acquisition Workforce

P. L. 116-92

House Conference Report 116-333

SEC. 861. DEFENSE ACQUISITION WORKFORCE CERTIFICATION, EDUCATION, AND CAREER FIELDS.

(a) Professional Certification Requirement.--

(1) Professional certification required for all acquisition workforce personnel.--Section 1701a of title 10, United States Code, is amended--

(A) by redesignating subsections (c) and (d) as subsections (d) and (e), respectively; and

(B) by inserting after subsection (b) the following new subsection:

``(c) Professional Certification.--(1) In General.--The Secretary of Defense shall implement a certification program to provide for a professional certification requirement for all members of the acquisition workforce. Except as provided in paragraph (2), the certification requirement for any acquisition workforce career field shall be based on standards developed by a third-party accredited program based on nationally or internationally recognized standards.

``(2) Requirements for Secretary.--If the Secretary determines that, for a particular acquisition workforce career field, a third-party accredited program based on nationally or internationally recognized standards does not exist, the Secretary shall establish the certification requirement for that career field that conforms with the practices of national or international accrediting organizations. The Secretary shall determine the best approach for meeting the certification requirement for any such career field, including by implementing such certification requirement through entities outside the Department of Defense, and may design and implement such certification requirement without regard to section 1746 of this title.''.

(2) Performance management.--Subsection (b) of such section is amended--

(A) in paragraph (5), by striking ``encourage'' and inserting ``direct''; and

(B) in paragraph (6), by inserting ``and consequences'' after ``warnings''.

(3) Participation in professional associations.--Subsection (b) of such section is further amended--

(A) by redesignating paragraphs (6), (7), (8), and (9) as paragraphs (7), (8), (9), and (10), respectively; and

(B) by inserting after paragraph (5) the following new paragraph:

``(6) authorize a member of the acquisition workforce to participate in professional associations, consistent with the performance plan of such a member in order to provide the member with the opportunity to gain leadership and management skills.''.

(4) General education, training, and experience requirements.--Section 1723 of such title is amended--

(A) in subsection (a)(3), by striking the second sentence; and

(B) in subsection (b)(1), by striking ``encourage'' and inserting ``direct''.

(5) Effective date.--The Secretary of Defense shall implement procedures to institute the program required by subsection (c) of section 1701a of title 10, United States Code, as added by paragraph (1), not later than 180 days after the date of the
enactment of this Act.

(b) Elimination of Statutory Requirement for Completion of 24
Semester Credit Hours.--

(1) Qualification requirements for contracting positions.--Section 1724 of title 10, United States Code, is amended--

(A) in subsection (a)(3)--

(i) by striking ``(A)'' after ``(3)''; and

(ii) by striking ``, and (B)'' and all that follows through ``and management''; and

(B) in subsection (b), by striking ``requirements'' in the first sentences of paragraphs (1) and (2) and inserting ``requirement'';

(C) in subsection (e)--

(i) in paragraph (1)--

(I) by striking ``requirements in subparagraphs (A) and (B) of subsection (a)(3)'' and inserting

``requirement of subsection (a)(3)''; and

(II) in subparagraph (C), by striking
``requirements'' and inserting ``requirement''; and

(ii) in paragraph (2)--

(I) by striking ``shall have--'' and all that follows through ``been awarded'' and inserting ``shall have been awarded'';

(II) by striking ``; or'' and inserting a period; and

(III) by striking subparagraph (B); and

(D) in subsection (f), by striking ``, including--'' and all that follows and inserting a period.

(2) Selection criteria and procedures.--Section 1732 of such title is amended--

(A) in subsection (b)(1)--

(i) by striking ``Such requirements,'' and all the follows through ``the person--'' and inserting ``Such requirements shall include a requirement that the person--'';

(ii) by striking subparagraph (B); and

(iii) by redesignating clauses (i) and (ii) as subparagraphs (A) and (B), respectively, and conforming the margins accordingly;

(B) in subsection (c), by striking ``requirements of subsections (b)(1)(A) and (b)(1)(B)'' in paragraphs (1) and (2) and inserting ``requirement of subsection (b)(1)''; and

(C) in subsection (d)--

(i) by striking ``(1) Except as provided in paragraph (2),''; and

(ii) by striking paragraph (2).

(c) Defense Acquisition University.--Section 1746 of title 10, United States Code, is amended--

(1) in subsection (b)--

(A) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively;

(B) by inserting after paragraph (1) the following new paragraphs:

``(2) The professors, instructors, and lecturers employed under paragraph (1) shall include individuals from civilian colleges or universities that are not owned or operated by the Federal Government, commercial learning and development organizations, industry, or federally funded research and development centers.

``(3) The Secretary of Defense shall ensure that--

``(A) not later than September 1, 2021, not less than five full-time visiting professors employed under paragraph (1) are from civilian colleges or universities described under paragraph (2); ; and

``(B) not later than September 1, 2022, not less than ten full-time visiting professors employed under paragraph (1) are from such civilian colleges or universities.''; and

(2) in subsection (c), by inserting ``, and with commercial training providers,'' after ``military departments''.

(d) Designation of Security Cooperation as an Acquisition Position.--Section 1721(b) of title 10, United States Code, is amended--

(1) by amending paragraph (11) to read as follows:

``(11) Security cooperation.''; and

(2) by adding at the end the following new paragraph:

``(13) Other positions, as necessary.''.

(e) Career Paths.--

(1) Career path required for each acquisition workforce career field.--Paragraph (4) of section 1701a(b) of title 10, United States Code, is amended to read as follows:

``(4) develop and implement a career path, as described in section 1722(a) of this title, for each career field designated by the Secretary under section 1721(a) of this title as an acquisition workforce career field;''.

(2) Conforming amendments.--Section 1722(a) of such title is amended--

(A) by striking ``appropriate career paths'' and inserting ``an appropriate career path''; and

(B) by striking ``are identified'' and inserting ``is identified for each acquisition workforce career field''.

(3) Deadline for implementation of career paths.--Not later than the end of the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall carry out the requirements of paragraph (4) of section 1701a(b) of title 10, United States Code (as amended by paragraph (1)).

(f) Career Fields.--

(1) Designation of acquisition workforce career fields.--

Section 1721(a) of such title is amended by adding at the end the following new sentence: ``The Secretary shall also designate in regulations those career fields in the Department of Defense that are acquisition workforce career fields for purposes of this chapter.''.

(2) Clerical amendments.--(A) The heading of section 1721 of such title is amended to read as follows:

``Sec. 1721. Designation of acquisition positions and acquisition
workforce career fields''.

(B) The item relating to such section in the table of sections at the beginning of subchapter II of chapter 87 of such title is amended to read as follows:

``1721. Designation of acquisition positions and acquisition workforce
career fields.''.


(3)(A) The heading of subchapter II of chapter 87 of such title
is amended to read as follows:

``subchapter ii--acquisition positions and acquisition workforce career
fields''.

(B) The item relating to such subchapter in the table of
subchapters at the beginning of such chapter is amended to read as follows:

``II. Acquisition Positions And Acquisition Workforce Career
Fields...........................................................1721''.

(4) Deadline for designation of career fields.--Not later than the end of the six-month period beginning on the date of the enactment of this Act, the Secretary of Defense shall carry out the requirements of the second sentence of section 1721(a) of title 10, United States Code (as added by paragraph (1)).

(g) Key Work Experiences.--

(1) Development of key work experiences for each acquisition workforce career field.--Section 1722b of such title is amended by adding at the end the following new subsection:

``(c) Key Work Experiences.--In carrying out subsection (b)(2), the
Secretary shall ensure that key work experiences, in the form of
multidisciplinary experiences, are developed for each acquisition
workforce career field.''.

(2) Plan for implementation of key work experiences.--Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a plan identifying the specific actions the Secretary has taken, and is planning to take, to develop and establish key work experiences for each acquisition workforce career field as required by subsection (c) of section 1722b of title 10, United States Code (as added by paragraph (1)). The plan shall specify the percentage of the acquisition workforce, or funds available for administration of the acquisition workforce on an annual basis, that the Secretary will dedicate towards developing and establishing such key work experiences.

(h) Applicability of Career Path Requirements to All Members of Acquisition Workforce.--Section 1723(b) of such title is amended by striking ``the critical acquisition-related''.

(i) Competency Development.--

(1) In general.--Subchapter V of chapter 87 of such title is amended by adding at the end the following new section:

``Sec. 1765. Competency development

``For each acquisition workforce career field, the Secretary of
Defense shall--

``(1) establish, for the civilian personnel in that career field, defined proficiency standards and technical and nontechnical competencies which shall be used in personnel qualification assessments; and

``(2) assign resources to accomplish such technical and nontechnical competencies.''.

(2) The table of sections at the beginning of such subchapter II is amended by adding at the end the following new item:

``1765. Competency development.''.

(3) Deadline for implementation.--Not later than the end of the two-year period beginning on the date of the enactment of this Act, the Secretary of Defense shall carry out the requirements of section 1765 of title 10, United States Code (as added by paragraph

(1)).

(j) Termination of Defense Acquisition Corps.--

(1) The Acquisition Corps for the Department of Defense referred to in section 1731(a) of title 10, United States Code, is terminated.

(2) Section 1733 of title 10, United States Code, is amended--

(A) by striking subsection (a); and

(B) by redesignating subsection (b) as subsection (a).

(3) Subsection (b) of section 1731 of such title is transferred to the end of section 1733 of such title, as amended by paragraph (2), and amended--

(A) by striking ``Acquisition Corps'' in the heading and inserting ``the Acquisition Workforce''; and

(B) by striking ``selected for the Acquisition Corps'' and inserting ``in the acquisition workforce''.

(4) Subsection (e) of section 1732 of such title is transferred to the end of section 1733 of such title, as amended by paragraphs (2) and (3), redesignated as subsection (c), and amended--

(A) by striking ``in the Acquisition Corps'' in paragraphs (1) and (2) and inserting ``in critical acquisition positions''; and

(B) by striking ``serving in the Corps'' in paragraph (2)
and inserting ``employment''.

(5) Sections 1731 and 1732 of such title are repealed.

(6)(A) Section 1733 of such title, as amended by paragraphs
(2), (3), and (4), is redesignated as section 1731.

(B) The table of sections at the beginning of subchapter III of chapter 87 of such title is amended by striking the items relating to sections 1731, 1732, and 1733 and inserting the following new item:

``1731. Critical acquisition positions.''.

(7)(A) The heading of subchapter III of chapter 87 of such title is amended to read as follows:

``subchapter iii--critical acquisition positions''.

(B) The item relating to such subchapter in the table of subchapters at the beginning of such chapter is amended to read as follows:

``III. Critical Acquisition Positions............................1731''.

(8) Section 1723(a)(2) of such title is amended by striking ``section 1733 of this title'' and inserting ``section 1731 of this title''.

(9) Section 1725 of such title is amended--

(A) in subsection (a)(1), by striking ``Defense Acquisition Corps'' and inserting ``acquisition workforce''; and

(B) in subsection (d)(2), by striking ``of the Defense Acquisition Corps'' and inserting ``in the acquisition workforce serving in critical acquisition positions''.

(10) Section 1734 of such title is amended--

(A) by striking ``of the Acquisition Corps'' in subsections (e)(1) and (h) and inserting ``of the acquisition workforce''; and

(B) in subsection (g)--

(i) by striking ``of the Acquisition Corps'' in the first sentence and inserting ``of the acquisition workforce'';

(ii) by striking ``of the Corps'' and inserting ``of
the acquisition workforce''; and

(iii) by striking ``of the Acquisition Corps'' in the second sentence and inserting ``of the acquisition workforce in critical acquisition positions''.

(11) Section 1737 of such title is amended--

(A) in subsection (a)(1), by striking ``of the Acquisition Corps'' and inserting ``of the acquisition workforce''; and

(B) in subsection (b), by striking ``of the Corps'' and inserting ``of the acquisition workforce''.

(12) Section 1742(a)(1) of such title is amended by striking ``the Acquisition Corps'' and inserting ``acquisition positions in the Department of Defense''.

(13) Section 2228(a)(4) of such title is amended by striking ``under section 1733(b)(1)(C) of this title'' and inserting ``under section 1731 of this title''.

(14) Section 7016(b)(5)(B) of such title is amended by striking ``under section 1733 of this title'' and inserting ``under section 1731 of this title''.

(15) Section 8016(b)(4)(B) of such title is amended by striking ``under section 1733 of this title'' and inserting ``under section 1731 of this title''.

(16) Section 9016(b)(4)(B) of such title is amended by striking ``under section 1733 of this title'' and inserting ``under section 1731 of this title''.

(17) Paragraph (1) of section 317 of title 37, United States Code, is amended to read as follows:

``(1) is a member of the acquisition workforce selected to
serve in, or serving in, a critical acquisition position designated
under section 1731 of title 10.''.

Defense acquisition workforce certification, education, and career fields (sec. 861)

The House amendment contained a provision (sec. 861) that would amend several sections of chapter 87, of title 10, United States Code, to modify how the defense acquisition workforce is managed, trained, and selected. The provision would also require the Defense Acquisition University to have at least 25 percent of its civilian instructors be visiting professors from civilian colleges or universities.

The Senate bill contained no similar provision.

The Senate recedes with an amendment that would require the Defense Acquisition University to employ at least five visiting professors by September 1st, 2021.


House Report 116-120


Section 861--Modifications to the Defense Acquisition System

This section would enforce acquisition reforms already enacted by Congress, enact new policy on the recommendations of congressionally chartered panels, and lay the foundation for a continued culture of reform in acquisition.

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