10 U.S.C. § 1724 — Contracting positions: qualification re-

Page 1564 TITLE 10—ARMED FORCES § 1724 Sustainment’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology, and Logistics’’ in introductory provisions. Pub. L. 116–92, § 861(h), struck out ‘‘the critical acqui- sition-related’’ after ‘‘qualifications in’’ in introduc- tory provisions. Subsec. (b)(1). Pub. L. 116–92, § 861(a)(4)(B), substituted ‘‘direct’’ for ‘‘encourage’’. 2011—Subsec. (a). Pub. L. 111–383, § 874(a), amended subsec. (a) generally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense shall establish edu- cation, 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 for positions other than critical ac- quisition positions designated pursuant to section 1733 of this title, the Secretary may state the requirements by categories of positions.’’ Subsecs. (b), (c). Pub. L. 111–383, § 873(b), added subsec. (b) and redesignated former subsec. (b) as (c). 1996—Subsec. (a). Pub. L. 104–201 struck out ‘‘Unless otherwise provided in this chapter, such requirements shall take effect not later than October 1, 1993.’’ after first sentence. Statutory Notes and Related Subsidiaries INFORMATION TECHNOLOGY ACQUISITION WORKFORCE Pub. L. 111–383, div. A, title VIII, § 875, Jan. 7, 2011, 124 Stat. 4305, provided that: ‘‘(a) PLAN REQUIRED.—The Secretary of Defense shall develop and carry out a plan to strengthen the part of the acquisition workforce that specializes in informa- tion technology. The plan shall include the following: ‘‘(1) Defined targets for billets devoted to informa- tion technology acquisition. ‘‘(2) Specific certification requirements for individ- uals in the acquisition workforce who specialize in information technology acquisition. ‘‘(3) Defined career paths for individuals in the ac- quisition workforce who specialize in information technology acquisitions. ‘‘(b) DEFINITIONS.—In this section: ‘‘(1) The term ‘information technology’ has the meaning provided such term in section 11101 of title 40, United States Code, and includes information technology incorporated into a major weapon system. ‘‘(2) The term ‘major weapon system’ has the mean- ing provided such term in section 2379(f) of title 10, United States Code [now 10 U.S.C. 3455(f)]. ‘‘(c) DEADLINE.—The Secretary of Defense shall de- velop the plan required under this section not later than 270 days after the date of the enactment of this Act [Jan. 7, 2011].’’ GUIDANCE AND STANDARDS FOR DEFENSE ACQUISITION WORKFORCE TRAINING REQUIREMENTS Pub. L. 105–85, div. A, title VIII, § 853, Nov. 18, 1997, 111 Stat. 1851, which related to guidance and standards for defense acquisition workforce training requirements, was repealed and restated as section 1748 of this title by Pub. L. 111–383, div. A, title VIII, § 874(b)(1), (4), Jan. 7, 2011, 124 Stat. 4304, 4305. FULFILLMENT STANDARDS FOR MANDATORY TRAINING Pub. L. 102–484, div. A, title VIII, § 812(c), Oct. 23, 1992, 106 Stat. 2451, as amended by Pub. L. 105–85, div. A, title X, § 1073(d)(2)(A), Nov. 18, 1997, 111 Stat. 1905, provided that the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Tech- nology, was to develop, not later than 90 days after Oct. 23, 1992, fulfillment standards, and implement a pro- gram, for purposes of the training requirements of sec- tions 1723, 1724, and 1735 of this title, and that the standards were to take effect as of Nov. 5, 1990, and cease to be in effect on Oct. 1, 1997. § 1724. Contracting positions: qualification re- quirements (a) CONTRACTING OFFICERS.—The Secretary of Defense shall require that, 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 simplified ac- quisition threshold referred to in section 3205 of this title, an employee of the Department of De- fense or member of the armed forces (other than the Coast Guard) must, except as provided in subsections (c) and (d)— (1) have completed all contracting courses required for a contracting officer (A) in the case of an employee, serving in the position within the grade of the General Schedule in which the employee is serving, and (B) in the case of a member of the armed forces, in the member’s grade; (2) have at least two years of experience in a contracting position; (3) have received a baccalaureate degree from an accredited educational institution au- thorized to grant baccalaureate degrees; and (4) meet such additional requirements, based on the dollar value and complexity of the con- tracts awarded or administered in the posi- tion, as may be established by the Secretary of Defense for the position. (b) GS–1102 SERIES POSITIONS AND SIMILAR MILITARY POSITIONS.—(1) The Secretary of De- fense shall require that in order to qualify to serve in a position in the Department of Defense that is in the GS–1102 occupational series an em- ployee or potential employee of the Department of Defense meet the requirement set forth in paragraph (3) of subsection (a). The Secretary may not require that in order to serve in such a position an employee or potential employee meet any of the requirements of paragraphs (1) and (2) of that subsection. (2) The Secretary of Defense shall require that in order for a member of the armed forces to be selected for an occupational specialty within the armed forces that (as determined by the Sec- retary) is similar to the GS–1102 occupational series a member of the armed forces meet the re- quirement set forth in paragraph (3) of sub- section (a). The Secretary may not require that in order to be selected for such an occupational specialty a member meet any of the require- ments of paragraphs (1) and (2) of that sub- section. (c) EXCEPTIONS.—The qualification require- ments imposed by the Secretary of Defense pur- suant to subsections (a) and (b) shall not apply to an employee of the Department of Defense or member of the armed forces who— (1) served as a contracting officer with au- thority to award or administer contracts in excess of the simplified acquisition threshold on or before September 30, 2000; (2) served, on or before September 30, 2000, in a position either as an employee in the GS–1102 series or as a member of the armed forces in a similar occupational specialty; (3) is in the contingency contracting force; or (4) is described in subsection (e)(1)(B). (d) WAIVER.—The Secretary of Defense may waive any or all of the requirements of sub- sections (a) and (b) with respect to an employee of the Department of Defense or member of the armed forces if the Secretary determines that Page 1565 TITLE 10—ARMED FORCES § 1724 the individual possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated job per- formance and qualifying experience. With re- spect to each waiver granted under this sub- section, the Secretary shall set forth in a writ- ten document the rationale for the decision of the Secretary to waive such requirements. (e) DEVELOPMENTAL OPPORTUNITIES.—(1) The Secretary of Defense may— (A) establish or continue one or more pro- grams for the purpose of recruiting, selecting, appointing, educating, qualifying, and devel- oping the careers of individuals to meet the requirement of subsection (a)(3); (B) appoint individuals to developmental po- sitions in those programs; and (C) separate from the civil service after a three-year probationary period any individual appointed under this subsection who fails to meet the requirement described in subsection (a)(3). (2) To qualify for any developmental program described in paragraph (1)(B), an individual shall have been awarded a baccalaureate degree, with a grade point average of at least 3.0 (or the equivalent), from an accredited institution of higher education authorized to grant bacca- laureate degrees. (f) CONTINGENCY CONTRACTING FORCE.—The Secretary shall establish qualification require- ments for the contingency contracting force consisting of members of the armed forces whose mission is to deploy in support of contingency operations and other operations of the Depart- ment of Defense. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1642; amended Pub. L. 103–35, title I, § 101, May 31, 1993, 107 Stat. 97; Pub. L. 104–201, div. A, title X, § 1074(a)(9)(B), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 106–398, § 1 [[div. A], title VIII, § 808(a)–(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A–208; Pub. L. 107–107, div. A, title VIII, § 824(a), Dec. 28, 2001, 115 Stat. 1183; Pub. L. 108–136, div. A, title VIII, § 831(b)(1), Nov. 24, 2003, 117 Stat. 1549; Pub. L. 108–375, div. A, title X, § 1084(d)(14), (h)(1), Oct. 28, 2004, 118 Stat. 2062, 2064; Pub. L. 116–92, div. A, title VIII, § 861(b)(1), Dec. 20, 2019, 133 Stat. 1516; Pub. L. 116–283, div. A, title XVIII, § 1883(b)(2), Jan. 1, 2021, 134 Stat. 4294.) Editorial Notes REFERENCES IN TEXT The General Schedule, referred to in subsec. (a)(1)(A), is set out under section 5332 of Title 5, Government Or- ganization and Employees. AMENDMENTS 2021—Subsec. (a). Pub. L. 116–283 substituted ‘‘section 3205’’ for ‘‘section 2304(g)’’. 2019—Subsec. (a)(3). Pub. L. 116–92, § 861(b)(1)(A), struck out ‘‘(A)’’ before ‘‘have received a baccalaureate degree’’ and ‘‘, and (B) have completed at least 24 se- mester 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 man- agement, marketing, quantitative methods, and orga- nization and management’’ after ‘‘grant baccalaureate degrees’’. Subsec. (b). Pub. L. 116–92, § 861(b)(1)(B), substituted ‘‘requirement set forth’’ for ‘‘requirements set forth’’ in pars. (1) and (2). Subsec. (e)(1)(A). Pub. L. 116–92, § 861(b)(1)(C)(i)(I), substituted ‘‘requirement of subsection (a)(3)’’ for ‘‘re- quirements in subparagraphs (A) and (B) of subsection (a)(3)’’. Subsec. (e)(1)(C). Pub. L. 116–92, § 861(b)(1)(C)(i)(II), substituted ‘‘requirement’’ for ‘‘requirements’’. Subsec. (e)(2). Pub. L. 116–92, § 861(b)(1)(C)(ii), struck out dash after ‘‘shall have’’ and subpar. (A) designation before ‘‘been awarded’’, substituted period at end for ‘‘; or’’, and struck out subpar. (B) which read as fol- lows: ‘‘completed at least 24 semester credit hours or the equivalent of study from an accredited institution of higher education in any of the disciplines of account- ing, business, finance, law, contracts, purchasing, eco- nomics, industrial management, marketing, quan- titative methods, or organization and management.’’ Subsec. (f). Pub. L. 116–92, § 861(b)(1)(D), substituted ‘‘Department of Defense.’’ for ‘‘Department of Defense, including— ‘‘(1) completion of at least 24 semester credit hours or the equivalent of study from an accredited institu- tion of higher education or similar educational insti- tution in any of the disciplines of accounting, busi- ness, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management; or ‘‘(2) passing an examination that demonstrates skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours or the equivalent of study in any of the disciplines described in paragraph (1).’’ 2004—Subsec. (a)(3)(B). Pub. L. 108–375, § 1084(h)(1), amended directory language of Pub. L. 107–107, § 824(a)(1)(C). See 2001 Amendment note below. Subsec. (d). Pub. L. 108–375, § 1084(d)(14), substituted ‘‘the decision of the Secretary’’ for ‘‘its decision’’ be- fore ‘‘to waive such requirements’’. 2003—Subsec. (d). Pub. L. 108–136 substituted ‘‘The Secretary of Defense may waive any or all of the re- quirements of subsections (a) and (b) with respect to an employee of the Department of Defense or member of the armed forces if the Secretary determines’’ for ‘‘The acquisition career program board concerned may waive any or all of the requirements of subsections (a) and (b) with respect to an employee of the Department of De- fense or member of the armed forces if the board cer- tifies’’ in first sentence and ‘‘the Secretary’’ for ‘‘the board’’ in second sentence, and struck out third sen- tence which read ‘‘Such document shall be submitted to and retained by the Director of Acquisition Edu- cation, Training, and Career Development.’’ 2001—Subsec. (a). Pub. L. 107–107, § 824(a)(1)(A), reen- acted heading without change and substituted intro- ductory provisions for provisions which read ‘‘The Sec- retary of Defense shall require that in order to qualify to serve in an acquisition position as a contracting offi- cer with authority to award or administer contracts for amounts above the simplified acquisition threshold re- ferred to in section 2304(g) of this title, a person must— ’’. Subsec. (a)(1). Pub. L. 107–107, § 824(a)(1)(B), struck out ‘‘mandatory’’ before ‘‘contracting courses’’ and substituted cls. (A) and (B) for ‘‘at the grade level, or in the position within the grade of the General Sched- ule (in the case of an employee), that the person is serving in;’’. Subsec. (a)(3)(B). Pub. L. 107–107, § 824(a)(1)(C), as amended by Pub. L. 108–375, § 1084(h)(1), inserted comma after ‘‘business’’. Subsec. (b). Pub. L. 107–107, § 824(a)(2), added subsec. (b) and struck out former subsec. (b) which read as fol- lows: ‘‘(b) GS–1102 SERIES POSITIONS AND SIMILAR MILITARY POSITIONS.—The Secretary of Defense shall require that a person meet the requirements set forth in paragraph (3) of subsection (a), but not the other requirements set forth in that subsection, in order to qualify to serve in a position in the Department of Defense in— Page 1566 TITLE 10—ARMED FORCES § 1725 ‘‘(1) the GS–1102 occupational series; or ‘‘(2) a similar occupational specialty if the position is to be filled by a member of the armed forces.’’ Subsecs. (c) to (f). Pub. L. 107–107, § 824(a)(3), added subsecs. (c) to (f) and struck out former subsecs. (c) and (d) which related to exception to requirements of sub- secs. (a) and (b) and waiver of such requirements, re- spectively. 2000—Subsec. (a). Pub. L. 106–398, § 1 [[div. A], title VIII, § 808(d)], struck out ‘‘(except as provided in sub- sections (c) and (d))’’ after ‘‘a person must’’ in intro- ductory provisions. Subsec. (a)(3). Pub. L. 106–398, § 1 [[div. A], title VIII, § 808(b)(1)], inserted ‘‘and’’ before ‘‘(B) have completed’’ and struck out ‘‘, 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 cred- it hours (or the equivalent) of study from an accredited institution of higher education in any of the disciplines listed in subparagraph (B)’’ after ‘‘organization and management’’. Subsec. (b). Pub. L. 106–398, § 1 [[div. A], title VIII, § 808(b)(2)], amended heading and text of subsec. (b) gen- erally. Prior to amendment, text read as follows: ‘‘The Secretary of Defense shall require that 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 re- quirements set forth in subsection (a)(3).’’ Subsec. (c). Pub. L. 106–398, § 1 [[div. A], title VIII, § 808(c)], amended heading and text of subsec. (c) gen- erally. Prior to amendment, text read as follows: ‘‘(1) The requirements set forth in subsections (a)(3) and (b) shall not apply to any employee who, on Octo- ber 1, 1991, has at least 10 years of experience in acqui- sition positions, in comparable positions in other gov- ernment agencies or the private sector, or in similar positions in which an individual obtains experience di- rectly 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 or lower grade and involving the same or lower level of re- sponsibilities as the position in which the employee is serving on such date.’’ Subsec. (d). Pub. L. 106–398, § 1 [[div. A], title VIII, § 808(a)], in first sentence, substituted ‘‘employee or member of’’ for ‘‘employee of’’ and ‘‘employee or mem- ber possesses’’ for ‘‘employee possesses’’. 1996—Subsec. (a). Pub. L. 104–201, in introductory pro- visions, struck out ‘‘, beginning on October 1, 1993,’’ after ‘‘require that’’ and substituted ‘‘simplified acqui- sition threshold’’ for ‘‘small purchase threshold’’. Subsec. (b). Pub. L. 104–201, § 1074(a)(9)(B)(ii), struck out ‘‘, beginning on October 1, 1993,’’ after ‘‘require that’’. 1993—Subsec. (c)(2). Pub. L. 103–35 inserted ‘‘or lower’’ before ‘‘grade’’ and before ‘‘level’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2021 AMENDMENT Amendment by Pub. L. 116–283 effective Jan. 1, 2022, with additional provisions for delayed implementation and applicability of existing law, see section 1801(d) of Pub. L. 116–283, set out as a note preceding section 3001 of this title. EFFECTIVE DATE OF 2004 AMENDMENT Pub. L. 108–375, div. A, title X, § 1084(h), Oct. 28, 2004, 118 Stat. 2064, provided that the amendment made by section 1084(h) [amending this section, section 1732 of this title, and provisions set out as a note under sec- tion 5949 of Title 5, Government Organization and Em- ployees] is effective as of Dec. 28, 2001, and as if in- cluded in Pub. L. 107–107 as enacted. EFFECTIVE DATE OF 2000 AMENDMENT Pub. L. 106–398, § 1 [[div. A], title VIII, § 808(e)], Oct. 30, 2000, 114 Stat. 1654, 1654A–208, provided that: ‘‘This section [amending this section], and the amendments made by this section, shall take effect on October 1, 2000, and shall apply to appointments and assignments to contracting positions made on or after that date.’’ TRANSFER OF FUNCTIONS For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relat- ing thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Secu- rity, and the Department of Homeland Security Reor- ganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. FULFILLMENT STANDARDS FOR MANDATORY TRAINING For provisions relating to development of fulfillment standards for purposes of the training requirements of this section, see section 812(c) of Pub. L. 102–484, set out as a note under section 1723 of this title. CREDIT FOR EXPERIENCE IN CERTAIN POSITIONS Pub. L. 101–510, div. A, title XII, § 1209(i), Nov. 5, 1990, 104 Stat. 1667, as amended by Pub. L. 102–25, title VII, § 704(b)(3)(D), Apr. 6, 1991, 105 Stat. 119, provided that: ‘‘For purposes of meeting any requirement under chap- ter 87 of title 10, United States Code (as added by sec- tion 1202), for a period of experience (such as require- ments for experience in acquisition positions or in crit- ical acquisition positions) and for purposes of coverage under the exceptions established by section 1724(c)(1) and section 1732(c)(1) of such title, any period of time spent serving in a position later designated as an acqui- sition position or a critical acquisition position under such chapter may be counted as experience in such a position for such purposes.’’ § 1725. Senior Military Acquisition Advisors (a) POSITION.— (1) IN GENERAL.—The Secretary of Defense may establish in the acquisition workforce a position to be known as ‘‘Senior Military Ac- quisition Advisor’’. (2) APPOINTMENT.—A Senior Military Acqui- sition Advisor shall be appointed by the Presi- dent, by and with the advice and consent of the Senate. (3) SCOPE OF POSITION.—An officer who is ap- pointed as a Senior Military Acquisition Advi- sor— (A) shall serve as an advisor to, and pro- vide senior level acquisition expertise to, the service acquisition executive of that officer’s military department in accordance with this section; and (B) shall be assigned as an adjunct pro- fessor at the Defense Acquisition University. (b) CONTINUATION ON ACTIVE DUTY.—An officer who is appointed as a Senior Military Acquisi- tion Advisor may continue on active duty while serving in such position without regard to any mandatory retirement date that would other- wise be applicable to that officer by reason of years of service or age. An officer who is contin- ued on active duty pursuant to this section is not eligible for consideration for selection for promotion. (c) RETIRED GRADE.—Upon retirement, an offi- cer who is a Senior Military Acquisition Advisor may, in the discretion of the President, be re- tired in the grade of brigadier general or rear admiral (lower half) if— (1) the officer has served as a Senior Mili- tary Acquisition Advisor for a period of not less than three years; and