10 U.S.C. § 1723

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1723 - General education, training, and experience 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 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 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 career path, the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment, shall establish requirements for the completion of course work and related on-the-job training and demonstration 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 management disciplines through academic programs and other self-developmental activities; and
(2) develop key work experiences, including the creation of a program sponsored by the Department of Defense that facilitates the periodic interaction between individuals in the acquisition workforce and the end user in such end user's environment to enhance the knowledge base of such workforce, for individuals in the acquisition workforce so that the individuals may gain in-depth knowledge and experience in the acquisition process and become seasoned, well-qualified members of the acquisition 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 established under this chapter for a certain period of experience.

10 U.S.C. § 1723

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

AMENDMENTS2019-Subsec. (a)(2). Pub. L. 116-92, §861(j)(8), substituted "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 Acquisition, Technology, and Logistics". Pub. L. 116-92, §861(a)(4)(A), struck out second sentence 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 Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics" in introductory provisions. Pub. L. 116-92, §861(h), struck out "the critical acquisition-related" after "qualifications in" in introductory 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 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 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."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 information technology. The plan shall include the following: "(1) Defined targets for billets devoted to information technology acquisition."(2) Specific certification requirements for individuals in the acquisition workforce who specialize in information technology acquisition."(3) Defined career paths for individuals in the acquisition 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 meaning 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 develop 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 Technology, was to develop, not later than 90 days after Oct. 23, 1992, fulfillment standards, and implement a program, for purposes of the training requirements of sections 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.

includes
"includes" means "includes but is not limited to"; and
acquisition workforce
The term "acquisition workforce" means the persons serving in acquisition positions within the Department of Defense, as designated pursuant to section 1721(a) of this title.