10-U.S.C.-1764

§1764 – Authority to Establish Different Minimum Requirements

Pathway

Title 10 > Subtitle A > Part II > Chapter 87 > Subchapter V > Section 1764

Details

• Reference: Section 1764
• Legend: §1764 – Authority to Establish Different Minimum Requirements
• USCode Year: 2013

Provision Content

(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.

(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.)

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

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).

U.S. Encyclopedia of Law Coverage

10-U.S.C.-1742 in the Legal Encyclopedia: General Military Law

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10-U.S.C.-1723 in the Legal Encyclopedia: Enlistments

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10-U.S.C.-1722B in the Legal Encyclopedia: Defense Acquisition Workforce

In this entry about 10-U.S.C.-1722B, find legal reference material, bibliographies and premiere content related to defense acquisition workforce in the American Encyclopedia of Law, presenting a comprehensive view of the United States defense acquisition workforce-specific issues, written by authorities in the field.

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