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

Subtitle F — Improve Acquisition Act

P. L. 111-

Joint Explanatory Statement of the Committees on Armed Services of the U. S. Senate and House of Representatives on H. R. 6523

From H. R. 6523

SEC. 874. RECERTIFICATION AND TRAINING REQUIREMENTS.

(a) Continuing Education- Section 1723 of title 10, United States Code, as amended by section 873, is further amended by amending subsection (a) to read as follows:

`(a) Qualification Requirements- (1) 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. In establishing such requirements, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition.

`(2) 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.

`(3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish requirements for continuing education and periodic renewal of an individual's certification. Any requirement for a certification renewal shall not require a renewal more often than once every five years.'.

(b) Standards for Training-

(1) IN GENERAL- Subchapter IV of Chapter 87 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1748. Fulfillment standards for acquisition workforce training

`The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop fulfillment standards, and implement and maintain a program, for purposes of the training requirements of sections 1723, 1724, and 1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is fulfilled.'.

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

`1748. Fulfillment standards for acquisition workforce training.'.

(3) DEADLINE FOR FULFILLMENT STANDARDS- The fulfillment standards required under section 1748 of title 10, United States Code, as added by paragraph (1), shall be developed not later than 270 days after the date of the enactment of this Act.

(4) CONFORMING REPEAL- Section 853 of Public Law 105-85 (111 Stat. 1851) is repealed.

From H.R. 5136:  National Defense Authorization Act for Fiscal Year 2011

SEC. 205. RECERTIFICATION AND TRAINING REQUIREMENTS.

(a) Continuing Education- Section 1723 of title 10, United States Code, as amended by section 204, is further amended by amending subsection (a) to read as follows:

`(a) Qualification Requirements- (1) 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. In establishing such requirements, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition.

`(2) 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.

`(3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish requirements for continuing education and periodic renewal of an individual's certification. Any requirement for a certification renewal shall not require a renewal more often than once every five years.'.

(b) Standards for Training-

(1) IN GENERAL- Subchapter IV of Chapter 87 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1748. Guidance and standards for acquisition workforce training

`(a) Fulfillment Standards- The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop fulfillment standards, and implement and maintain a program, for purposes of the training requirements of sections 1723, 1724, and 1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is fulfilled.

`(b) Guidance and Standards Relating to Contracts for Training- The Secretary of Defense shall develop appropriate guidance and standards to ensure that the Department of Defense will continue, where appropriate and cost-effective, to enter into contracts for the training requirements of sections 1723, 1724, and 1735 of this title, while maintaining appropriate control over the content and quality of such training.'.

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

`1748. Guidance and standards for acquisition workforce training.'.

(3) DEADLINE FOR FULFILLMENT STANDARDS- The fulfillment standards required under section 1748(a) of title 10, United States Code, as added by paragraph (1), shall be developed not later than 90 days after the date of the enactment of this Act.

(4) CONFORMING REPEAL- Section 853 of Public Law 105-85 (111 Stat. 1851) is repealed.

From H. R. 5013:  Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

SEC. 205. RECERTIFICATION AND TRAINING REQUIREMENTS.

(a) Continuing Education- Section 1723 of title 10, United States Code, as amended by section 204, is further amended by amending subsection (a) to read as follows:

`(a) Qualification Requirements- (1) 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. In establishing such requirements, the Secretary shall ensure the availability and sufficiency of training in all areas of acquisition, including additional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting capabilities), long-term sustainment strategies, information technology, and rapid acquisition.

`(2) 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.

`(3) The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall establish requirements for continuing education and periodic renewal of an individual's certification. Any requirement for a certification renewal shall not require a renewal more often than once every five years.'.

(b) Standards for Training-

(1) IN GENERAL- Subchapter IV of Chapter 87 of title 10, United States Code, is amended by adding at the end the following new section:

`Sec. 1748. Guidance and standards for acquisition workforce training

`(a) Fulfillment Standards- The Secretary of Defense, acting through the Under Secretary of Defense for Acquisition, Technology, and Logistics, shall develop fulfillment standards, and implement and maintain a program, for purposes of the training requirements of sections 1723, 1724, and 1735 of this title. Such fulfillment standards shall consist of criteria for determining whether an individual has demonstrated competence in the areas that would be taught in the training courses required under those sections. If an individual meets the appropriate fulfillment standard, the applicable training requirement is fulfilled.

`(b) Guidance and Standards Relating to Contracts for Training- The Secretary of Defense shall develop appropriate guidance and standards to ensure that the Department of Defense will continue, where appropriate and cost-effective, to enter into contracts for the training requirements of sections 1723, 1724, and 1735 of this title, while maintaining appropriate control over the content and quality of such training.'.

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

`1748. Guidance and standards for acquisition workforce training.'.

(3) DEADLINE FOR FULFILLMENT STANDARDS- The fulfillment standards required under section 1748(a) of title 10, United States Code, as added by paragraph (1), shall be developed not later than 90 days after the date of the enactment of this Act.

(4) CONFORMING REPEAL- Section 853 of Public Law 105-85 (111 Stat. 1851) is repealed.

The House bill contained a provision (sec. 205 of division D) that would require the Secretary of Defense to establish recertification and training requirements for the acquisition workforce.

The Senate committee-reported bill contained no similar provision.

The agreement includes the House provision, with an amendment deleting the reference to training provided by private sector contractors. In general, the Defense Acquisition University (DAU) is responsible for providing and monitoring training for the Department‟s acquisition workforce. DAU approves additional training providers based on review by the American Council on Education to ensure that the provider is capable of meeting DAU  standards. We expect DAU to continue to use public and private< resources to train the acquisition workforce, as appropriate.

From H. Rpt. 111-465, accompanying  H. R. 5013: Implementing Management for Performance and Related Reforms to Obtain Value in Every Acquisition Act of 2010

SECTION 205--RECERTIFICATION AND TRAINING REQUIREMENTS

This section would further amend section 1723 of title 10, United States Code, by requiring the Secretary of Defense to increase training for members of the acquisition workforce, with additional emphasis on the acquisition of services, long term sustainment strategies, acquisition of information technology, and rapid acquisition. With regard specifically to services acquisition, the committee is aware that while the volume of service contracting has grown, services contracting training has not kept pace. The committee recognizes that Defense Acquisition University has created the Learning Center of Excellence for Service Acquisition, but is concerned that adequate professional-level courses for services program managers continue to be lacking.

This section also would direct the Secretary to establish requirements for continuing education and periodic recertification. The committee notes that currently the Department makes its training investment up front for certification, which means that once an individual obtains a level three certification (currently, the highest certification level), that individual retains that certification for the remainder of his or her career. The committee believes that periodic recertification, not more than every five years, would add value to ensuring the professionalism of the acquisition workforce, as well as currency of their knowledge, similar to that afforded other professions that have continuing education and recertification requirements.

This section would further amend title 10, United States Code, by inserting a new section 1748 that would require the Secretary to establish fulfillment standards to supplement this training that takes into account an individual's demonstrated competencies in certain areas, as well as creating standards relating to the appropriate use of private sector contractors to provide training.