Defense Management Improvement Act

Defense Management Improvement Act - Title I: Military Personnel - Authorizes the Secretary of Defense to terminate a selective reenlistment bonus when the term of the reenlistment is not completed or the person ceases to perform in the specialty for which the bonus was paid. Makes permanent the authority of the Secretary to pay such reenlistment bonuses.

Authorizes the Secretary to increase the active-duty officer personnel end strength as of the end of a fiscal year.

Authorizes the Secretary to redistribute authorized personnel end strengths among: (1) Selected Reserve personnel; (2) active-duty personnel who are paid from active-duty personnel funds; and (3) active-duty personnel and full-time National Guard duty personnel who are paid from reserve personnel funds. Authorizes the necessary transfer of appropriations to pay such redistributed personnel. Prescribes redistribution limitations.

Authorizes the involuntary release by the Secretary of the military department concerned of a regular active-duty officer with less than eight years of active commissioned service and the transfer of such officer to the Ready Reserve for the remainder of that officer's period of obligated service.

Allows an officer who is retired in a grade below the highest grade held while on active duty, upon approval of the Secretary concerned, to retain the rank and insignia of the highest grade achieved on active duty for a period of 18 months and to be considered to have retired in the higher grade for all purposes other than the computation of retired pay.

Provides for the involuntary retirement of Navy commanders and captains who have failed to be promoted to the next higher grade for the second time (commanders) or who have completed 38 years of active naval service (captains).

Authorizes the Secretary of Defense to waive the requirement of the convening of a promotion board in certain circumstances in the selection and promotion of officers to the grade of captain (in the Army, Air Force, or Marine Corps) or lieutenant (in the Navy). Allows such officers to be considered instead for promotion under regulations prescribed by the Secretary of the military department concerned. Provides that officers for whom such waiver is applied and who are not placed on a promotion list by the Secretary concerned shall be considered to have failed to be selected for promotion.

Entitles an officer who is directed to perform duty at a location within the limits of his duty station that requires such officer to use overnight accommodations to travel and transportation expenses.

Repeals a current limitation on the authorized daily average of enlisted members in pay grades E-8 and E-9 (senior enlisted grade levels).

Title II: Acquisition - Repeals a provision of the Department of Defense Appropriations Act for Fiscal Year 1990 concerning limitations on multiyear contracting authority of DOD.

Commercial Products Acquisition Act of 1990 - Directs the Administrator of the Office of Federal Procurement Policy, jointly with the Administrator of the General Services Administration, the Secretary of Defense, and the Administrator of the National Aeronautics and Space Administration, to develop regulations that set forth commercial-style procedures for the acquisition of commercial products by Federal agencies. Requires such regulations to be incorporated into the Federal Acquisition Regulation. Directs the Administrator to prescribe additional regulations to implement this section as it relates to automated data processing equipment. Defines commercial products as products that are: (1) competitively available and sold in significant quantities in the commercial market; and (2) required in the same form as they are available in the commercial market or with only minor modifications that do not alter their essential performance or functional characteristics. Requires that such regulations provide for: (1) a requirement that procedures conducted under this Act be advertised by public notice in the Commerce Business Daily; (2) authority for agency contracting officers to require product offerors to demonstrate the suitability of their product for the agency involved; (3) a waiver of the requirement that a product be sold in significant quantities in the commercial market, under certain circumstances; (4) the issuing of product acquisition solicitations by the contracting officer involved, as well as follow-up activity with respect to such solicitations; (5) prompt publication in the Commerce Business Daily of a notice announcing the award of a contract; and (6) the use of commercial-style contract terms and conditions to the maximum extent that they are consistent with the interests of the Government.

Amends the Federal Property and Administrative Services Act of 1949 to direct an agency contracting officer to use commercial-style procedures to procure commercial products unless the officer purchases them under simplified small purchase or multiple award schedule procedures or determines and documents that another authorized method of acquisition is more appropriate. Exempts such procured products from certain contracting requirements. States that this section shall apply to the acquisition of automatic data processing equipment. Specifies certain Federal procurements under current Federal law to which the provisions of this section shall not apply.

Allows the Secretary of Defense to authorize selected components of DOD, for three years after commercial product procurement regulations are implemented, to conduct a pilot program to test procedures for resolving protests of actions taken in conducting procurements pursuant to such regulations. outlines procedures for the filing of a protest, its impartial review within ten days, the staying of the award of a contract until such review is completed, a final written decision within 30 days of the filing of the protest, and the designation of the official to decide the protest.

Repeals provisions concerning commercial pricing certifications with respect to the purchase of spare or repair parts by the head of a Federal agency.

Applies the authority of an agency head to award a contract without discussions with the offerors to any situation in which the greatest benefit to the United States is gained under standards such as price, quantity, design, performance, management or technical capability, delivery, or risk.

Specifies provisions of the Small Business Act to which Federal provisions allowing simplified procedures for small purchases (less than $425,000) shall not apply.

Replaces specified dollar limitations (ranging from $2,500 to $25,000) after which a procurement will no longer be considered a small purchase (and therefore require certain solicitation and award procedures to be implemented) with the small purchase threshhold as established under armed forces defense procurement provisions and under the Federal Property and Administrative Services Act of 1949.

(Generally, this threshhold is an amount of less than $25,000 at which simplified small purchase procedures may be followed.)

Amends the Federal Procurement Policy Act to revise the authority of members of the Federal Acquisition Regulatory Council to designate certain officials to attend meetings and serve on the Council in place of such members.

Requires the Secretary of Defense to prepare an acquisition strategy for each major defense acquisition program prior to completion of full-scale development of such program. (Currently, such strategy must be prepared before full-scale development may begin.) Requires such acquisition strategy to ensure that there will be competitive alternative production sources available for each major program and subsystems of such major program when the establishment of two or more production sources: (1) would likely result in reduced costs; (2) would not result in unacceptable delays in fulfilling DOD needs; and (3) is otherwise in the national security interest.

Increases from $100,000 to $500,000 the certified cost of pricing data threshhold relating to Federal defense procurement contracts.

Repeals a Federal provision requiring short-term repair work on Naval Reserve vessels homeported on the west coast of the United States to use competitive bidding procedures without regard to the area of repair.

Repeals: (1) a provision requiring the Secretary of the Navy to ensure, prior to the awarding of a contract for the repair or overhaul of a naval vessel following competition between public and private shipyards, that certain criteria must be met; (2) a provision of the Department of Defense Appropriations Act, 1990 which prohibits the use of funds to enter into vessel repair or overhaul contracts for west coast vessels which include interport differential charges as an evaluation factor for award; (3) a provision restricting the acquisition of core logistics functions by commercial contracts; and (4) a provision pertaining to the performance by defense contractors of commercial activities for the Government.

Authorizes the provision of severance pay to foreign nationals under defense contracts in order to comply with the laws of the host nation.

Revises Federal provisions concerning the authority of working-capital funded activities of the Army to sell supplies, services, or work outside of DOD.

Allows commercial printing and binding work and services to be used in connection with technical data to be delivered under DOD contracts.

Authorizes the Secretary of Defense to conduct a pilot program for up to six major defense acquisition programs in order to test methods to increase the effectiveness and efficiency of the acquisition process. Requires the Secretary to notify the Congress of his intent to include a major defense acquisition program in the pilot program.

Amends the Davis-Bacon Act to increase from $2,000 to $250,000 the threshhold contract amount after which prevailing wage rate provisions for laborers and mechanics under Federal contracts must apply. Outlines provisions for the determination by the Secretary of Labor of the prevailing wage rate for laborers, mechanics, or helpers under Federal contracts to which such Act applies.

Revises a provision of the Act concerning the exclusion of Federal or federally assisted project data from prevailing wage rate determinations.

Provides for a separate classification of helpers to laborers and mechanics. Requires a prevailing wage rate determination to be made for such helpers.

Prohibits splitting up large contracts into contracts of less than $250,000 in order to avoid the application of wage rate determinations. Outlines action to be taken by the Secretary of Labor when such contract-splitting has occurred. Requires the Secretary to notify the entity in question that an investigation will be conducted concerning an alleged violation of the Act.

Amends the Copeland Act to reduce from weekly to quarterly certain reports required with respect to the weekly wages paid each employee by a contractor or subcontractor required to meet standards of the Davis-Bacon Act.

Title III: Civilian Personnel - Repeals a provision which generally prohibits the civil service employment of retired military personnel within 180 days of their retirement.

Provides for the waiver of performance rating appraisals for temporary DOD employees serving less than one year unless such individuals are being considered for a pay increase or reappointment.

Authorizes reimbursement to Federal employees for house hunting trips to Alaska and Hawaii. (Currently, such reimbursement is permitted for trips within the continental United States.)

Includes employees or family members assigned to Alaska or Hawaii and employees who have signed mandatory mobility agreements as a condition of employment among those for whom transportation of remains, dependents, and effects is authorized.

Includes the Republic of Panama as a post of assignment for which separate maintenance allowance may be authorized.

Authorizes the President to adjust the maximum ten-dollar remote worksite allowance when considered necessary to alleviate deterrents to hiring and retaining employees at remote work sites.

Repeals the requirement that the Congress must authorize civilian personnel end strengths for each component of DOD.

Provides that the management of civilian personnel in any fiscal year shall not be subject to any statutory end strength limitation or work year floor or minimum staffing level.

Repeals provisions which place numerical limitations on the number of personnel assigned or detailed to management headquarters activities, management headquarters support activities, or to DOD headquarters staff.

Amends the Demonstration Cities Metropolitan Development Act of 1966 to provide homeowners assistance to Federal employees and nonappropriated fund personnel serving overseas with reemployment rights when a base closure or reduction in the scope of activities is involved.

Title IV: Real Property - Directs the Secretary of Defense to request the Administrator of General Services to dispose of land under the control of DOD that is determined to be excess property. Requires the Administrator to deposit half of the net proceeds to a special DOD account to meet DOD's national defense requirements.

Permits the Secretary of the military department concerned to receive half of the net proceeds received as rent for leases of property under the control of DOD. Requires the remainder of such proceeds to be deposited in the Treasury as miscellaneous receipts. (Currently, all of such rent proceeds are deposited into the Treasury.)