10 U.S.C. § 1723 — General education, training, and experi-

Page 1563 TITLE 10—ARMED FORCES § 1723 supplier management, requirement setting and tradeoffs, intellectual property matters, and soft- ware. ‘‘(F) A description of career paths to be followed by personnel in the program in order to ensure that personnel in the program gain expertise in the pro- gram management functional career field com- petencies identified by the Department in existing guidance and the topics listed in subparagraph (E), including— ‘‘(i) a determination of the types of advanced educational degrees that enhance program man- agement skills and the mechanisms available to the Department of Defense to facilitate the at- tainment of those degrees by personnel in the program; ‘‘(ii) a determination of required assignments to positions within acquisition programs, including position type and acquisition category of the pro- gram office; ‘‘(iii) a determination of required or encouraged rotations to career broadening positions outside of acquisition programs; and ‘‘(iv) a determination of how the program will ensure the opportunity for a required rotation to industry of at least six months to develop an un- derstanding of industry motivation and business acumen, such as by developing an industry ex- change program for civilian program managers, similar to the Corporate Fellows Program of the Secretary of Defense. ‘‘(G) A general description of the number of per- sonnel anticipated to be selected into the program, how frequently selections will occur, how long per- sonnel selected into the program will participate in the program, and how personnel will be placed into an assignment at the completion of the program. ‘‘(H) A description of benefits that will be offered under the program using existing human capital flexibilities to retain qualified employees, such as student loan repayments, bonuses, or pay banding. ‘‘(I) An assessment of personnel flexibilities need- ed to allow the military departments and the De- fense Agencies to reassign or remove program man- agers that do not perform effectively. ‘‘(J) A description of how the program will be ad- ministered and overseen by the Secretaries of each military department, acting through the service ac- quisition executive for the department concerned. ‘‘(K) A description of how the program will be in- tegrated with existing program manager develop- ment efforts at each military department. ‘‘(3) USE OF DEFENSE ACQUISITION WORKFORCE DEVEL- OPMENT FUND.—Amounts in the Department of De- fense Acquisition Workforce Development Fund (es- tablished under section 1705 of title 10, United States Code) may be used to pay the base salary of personnel in the program established under paragraph (1) dur- ing the period of time such personnel are temporarily assigned to a developmental rotation or training pro- gram anticipated to last at least six months. ‘‘(4) IMPLEMENTATION.—The program established under paragraph (1) shall be implemented not later than September 30, 2019.’’ § 1723. General education, training, and experi- ence requirements (a) QUALIFICATION REQUIREMENTS.—(1) The Secretary of Defense shall establish education, training, and experience requirements for each acquisition position, based on the level of com- plexity 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 ad- ditional training courses with an emphasis on services contracting, market research strategies (including assessments of local contracting ca- pabilities), long-term sustainment strategies, information technology, and rapid acquisition. (2) In establishing such requirements for posi- tions other than critical acquisition positions designated pursuant to section 1731 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 and Sustainment, shall establish requirements for continuing education and periodic renewal of an individual’s certification. (b) CAREER PATH REQUIREMENTS.—For each ca- reer path, the Secretary of Defense, acting through the Under Secretary of Defense for Ac- quisition and Sustainment, shall establish re- quirements for the completion of course work and related on-the-job training and demonstra- tion of qualifications in duties and tasks of the career path. The Secretary of Defense, acting through the Under Secretary, shall also— (1) direct individuals in the acquisition workforce to maintain the currency of their acquisition knowledge and generally enhance their knowledge of related acquisition man- agement disciplines through academic pro- grams and other self-developmental activities; and (2) develop key work experiences, including the creation of a program sponsored by the De- partment of Defense that facilitates the peri- odic interaction between individuals in the ac- quisition workforce and the end user in such end user’s environment to enhance the knowl- edge base of such workforce, for individuals in the acquisition workforce so that the individ- uals may gain in-depth knowledge and experi- ence in the acquisition process and become seasoned, well-qualified members of the acqui- sition workforce. (c) 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 es- tablished under this chapter for a certain period of experience. (Added Pub. L. 101–510, div. A, title XII, § 1202(a), Nov. 5, 1990, 104 Stat. 1642; amended Pub. L. 104–201, div. A, title X, § 1074(a)(9)(A), Sept. 23, 1996, 110 Stat. 2659; Pub. L. 111–383, div. A, title VIII, §§ 873(b), 874(a), Jan. 7, 2011, 124 Stat. 4303, 4304; Pub. L. 116–92, div. A, title VIII, § 861(a)(4), (h), (j)(8), title IX, § 902(18), Dec. 20, 2019, 133 Stat. 1515, 1518, 1520, 1545.) Editorial Notes AMENDMENTS 2019—Subsec. (a)(2). Pub. L. 116–92, § 861(j)(8), sub- stituted ‘‘section 1731 of this title’’ for ‘‘section 1733 of this title’’. Subsec. (a)(3). Pub. L. 116–92, § 902(18)(A), substituted ‘‘Under Secretary of Defense for Acquisition and Sustainment’’ for ‘‘Under Secretary of Defense for Ac- quisition, Technology, and Logistics’’. Pub. L. 116–92, § 861(a)(4)(A), struck out second sen- tence which read as follows: ‘‘Any requirement for a certification renewal shall not require a renewal more often than once every five years.’’ Subsec. (b). Pub. L. 116–92, § 902(18)(B), substituted ‘‘Under Secretary of Defense for Acquisition and 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