10 U.S.C. § 1764: Authority to establish…

Summary

The Secretary of Defense may set different minimum years of experience, education, and time-in-service for certain acquisition jobs. Any requirement set for a job type must be applied the same way to all jobs in that type. This rule covers six acquisition roles: contracting officers (except those in a service’s contract contingency force), portfolio acquisition executives, senior contracting officials, program managers, deputy program managers, and positions in a contract contingency force. "Contract contingency force" is defined by the individual Service Secretary’s rules.

Title 10, §1764

Armed Forces, Source: USLM XML via OLRC

(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)Portfolio acquisition executive.

(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.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A 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.

Amendments

2025—Subsec. (b)(2). Pub. L. 119–60 substituted “Portfolio acquisition executive” for “Program executive officer”. 2004—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).

§1764 Authority to Establish Different Minimum Requirements