
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 824(a)]
[CITE: 10USC1724]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
 
              SUBCHAPTER II--DEFENSE ACQUISITION POSITIONS
 
Sec. 1724. Contracting positions: qualification requirements

    (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 acquisition threshold referred to in 
section 2304(g) of this title, a person must--
        (1) have completed all mandatory contracting courses required 
    for a contracting officer at the grade level, or in the position 
    within the grade of the General Schedule (in the case of an 
    employee), that the person is serving in;
        (2) have at least two years of experience in a contracting 
    position;
        (3)(A) have received a baccalaureate degree from an accredited 
    educational institution authorized to grant baccalaureate degrees, 
    and (B) have completed at least 24 semester 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 
    management, marketing, quantitative methods, and organization and 
    management; and
        (4) meet such additional requirements, based on the dollar value 
    and complexity of the contracts awarded or administered in the 
    position, as may be established by the Secretary of Defense for the 
    position.

    (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--
        (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.

    (c) Exception.--The requirements imposed under subsection (a) or (b) 
shall not apply to a person for the purpose of qualifying to serve in a 
position in which the person is serving on September 30, 2000.
    (d) Waiver.--The acquisition career program board of a military 
department may waive any or all of the requirements of subsections (a) 
and (b) with respect to an employee or member of that military 
department if the board certifies that the employee or member possesses 
significant potential for advancement to levels of greater 
responsibility and authority, based on demonstrated job performance and 
qualifying experience. With respect to each waiver granted under this 
subsection, the board shall set forth in a written document the 
rationale for its decision to waive such requirements. The document 
shall be submitted to and retained by the Director of Acquisition 
Education, Training, and Career Development.

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 
104 Stat. 1642; amended Pub. L. 103-35, title I, Sec. 101, May 31, 1993, 
107 Stat. 97; Pub. L. 104-201, div. A, title X, Sec. 1074(a)(9)(B), 
Sept. 23, 1996, 110 Stat. 2659; Pub. L. 106-398, Sec. 1 [[div. A], title 
VIII, Sec. 808(a)-(d)], Oct. 30, 2000, 114 Stat. 1654, 1654A-208.)

                       References in Text

    The General Schedule, referred to in subsec. (a)(1), is set out 
under section 5332 of Title 5, Government Organization and Employees.


                               Amendments

    2000--Subsec. (a). Pub. L. 106-398, Sec. 1 [[div. A], title VIII, 
Sec. 808(d)], struck out ``(except as provided in subsections (c) and 
(d))'' after ``a person must'' in introductory provisions.
    Subsec. (a)(3). Pub. L. 106-398, Sec. 1 [[div. A], title VIII, 
Sec. 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 credit 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, Sec. 1 [[div. A], title VIII, 
Sec. 808(b)(2)], amended heading and text of subsec. (b) generally. 
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 requirements set forth in 
subsection (a)(3).''
    Subsec. (c). Pub. L. 106-398, Sec. 1 [[div. A], title VIII, 
Sec. 808(c)], amended heading and text of subsec. (c) generally. 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 October 1, 1991, has at least 10 years 
of experience in acquisition positions, in comparable positions in other 
government agencies or the private sector, or in similar positions in 
which an individual obtains experience directly 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 
responsibilities as the position in which the employee is serving on 
such date.''
    Subsec. (d). Pub. L. 106-398, Sec. 1 [[div. A], title VIII, 
Sec. 808(a)], in first sentence, substituted ``employee or member of'' 
for ``employee of'' and ``employee or member possesses'' for ``employee 
possesses''.
    1996--Subsec. (a). Pub. L. 104-201, in introductory provisions, 
struck out ``, beginning on October 1, 1993,'' after ``require that'' 
and substituted ``simplified acquisition threshold'' for ``small 
purchase threshold''.
    Subsec. (b). Pub. L. 104-201, Sec. 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''.


                    Effective Date of 2000 Amendment

    Pub. L. 106-398, Sec. 1 [[div. A], title VIII, Sec. 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.''


              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

    Section 1209(i) of Pub. L. 101-510, as amended by Pub. L. 102-25, 
title VII, Sec. 704(b)(3)(D), Apr. 6, 1991, 105 Stat. 119, provided 
that: ``For purposes of meeting any requirement under chapter 87 of 
title 10, United States Code (as added by section 1202), for a period of 
experience (such as requirements for experience in acquisition positions 
or in critical 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 acquisition position or a critical acquisition position 
under such chapter may be counted as experience in such a position for 
such purposes.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1725, 1762 of this title.
