Statutes, codes, and regulations
United States Code
Title 10 - ARMED FORCESSubtitle A - GENERAL MILITARY LAWPart II - PERSONNELChapter 87 - DEFENSE ACQUISITION WORKFORCE
Subchapter V - GENERAL MANAGEMENT PROVISIONS
Section 1764 - Authority to establish different minimum requirements

10 U.S.C. § 1764

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Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 1764 - Authority to establish different minimum requirements
(a) AUTHORITY.-
(1) The Secretary of Defense may prescribe a different minimum number of years of experience, different minimum education qualifications, and different tenure of service qualifications to be required for eligibility for appointment or advancement to an acquisition position referred to in subsection (b) than is required for such position under or pursuant to any provision of this chapter.
(2) Any requirement prescribed under paragraph (1) for a position referred to in any paragraph of subsection (b) shall be applied uniformly to all positions referred to in such paragraph.
(b) APPLICABILITY.-This section applies to the following acquisition positions in the Department of Defense:
(1) Contracting officer, except a position referred to in paragraph (6).
(2) Program executive officer.
(3) Senior contracting official.
(4) Program manager.
(5) Deputy program manager.
(6) A position in the contract contingency force of an armed force that is filled by a member of that armed force.
(c) DEFINITION.-In this section, the term "contract contingency force", with respect to an armed force, has the meaning given such term in regulations prescribed by the Secretary concerned.

10 U.S.C. § 1764

Added Pub. L. 108-136, div. A, title VIII, §835(2), Nov. 24, 2003, 117 Stat. 1551; amended Pub. L. 108-375, div. A, title VIII, §812(c), Oct. 28, 2004, 118 Stat. 2013.

EDITORIAL NOTES

PRIOR PROVISIONSA prior section 1764, added Pub. L. 101-510, div. A, title XII, §1202(a), Nov. 5, 1990, 104 Stat. 1656, related to authority to establish different minimum experience requirements, prior to repeal by Pub. L. 107-107, div. A, title X, §1048(e)(7)(A), Dec. 28, 2001, 115 Stat. 1227.

AMENDMENTS2004-Subsec. (b)(1). Pub. L. 108-375, §812(c)(2), substituted "in paragraph (6)" for "in paragraph (5)". Subsec. (b)(5), (6). Pub. L. 108-375, §812(c)(1), added par. (5) and redesignated former par. (5) as (6).

Secretary concerned
The term "Secretary concerned" means-(A) the Secretary of the Army, with respect to matters concerning the Army;(B) the Secretary of the Navy, with respect to matters concerning the Navy, the Marine Corps, and the Coast Guard when it is operating as a service in the Department of the Navy;(C) the Secretary of the Air Force, with respect to matters concerning the Air Force and the Space Force; and(D) the Secretary of Homeland Security, with respect to matters concerning the Coast Guard when it is not operating as a service in the Department of the Navy.
officer
The term "officer" means a commissioned or warrant officer.