10 U.S.C. § 1724

Editorial Notes

References in Text

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

Amendments

Pub. L. 116–2832021—Subsec. (a). substituted “section 3205” for “section 2304(g)”.

Pub. L. 116–92, § 861(b)(1)(A)2019—Subsec. (a)(3). , struck out “(A)” before “have received a baccalaureate degree” and “, 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” after “grant baccalaureate degrees”.

Pub. L. 116–92, § 861(b)(1)(B)Subsec. (b). , substituted “requirement set forth” for “requirements set forth” in pars. (1) and (2).

Pub. L. 116–92, § 861(b)(1)(C)(i)(I)Subsec. (e)(1)(A). , substituted “requirement of subsection (a)(3)” for “requirements in subparagraphs (A) and (B) of subsection (a)(3)”.

Pub. L. 116–92, § 861(b)(1)(C)(i)(II)Subsec. (e)(1)(C). , substituted “requirement” for “requirements”.

Pub. L. 116–92, § 861(b)(1)(C)(ii)Subsec. (e)(2). , struck out dash after “shall have” and subpar. (A) designation before “been awarded”, substituted period at end for “; or”, and struck out subpar. (B) which read as follows: “completed at least 24 semester credit hours or the equivalent of study from an accredited institution of higher education in any of the disciplines of accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management.”

Pub. L. 116–92, § 861(b)(1)(D)Subsec. (f). , substituted “Department of Defense.” for “Department of Defense, including—

“(1) completion of at least 24 semester credit hours or the equivalent of study from an accredited institution of higher education or similar educational institution in any of the disciplines of accounting, business, finance, law, contracts, purchasing, economics, industrial management, marketing, quantitative methods, or organization and management; or

“(2) passing an examination that demonstrates skills, knowledge, or abilities comparable to that of an individual who has completed at least 24 semester credit hours or the equivalent of study in any of the disciplines described in paragraph (1).”

Pub. L. 108–375, § 1084(h)(1)Pub. L. 107–107, § 824(a)(1)(C)2004—Subsec. (a)(3)(B). , amended directory language of . See 2001 Amendment note below.

Pub. L. 108–375, § 1084(d)(14)Subsec. (d). , substituted “the decision of the Secretary” for “its decision” before “to waive such requirements”.

Pub. L. 108–1362003—Subsec. (d). substituted “The Secretary of Defense may waive any or all of the requirements of subsections (a) and (b) with respect to an employee of the Department of Defense or member of the armed forces if the Secretary determines” for “The acquisition career program board concerned may waive any or all of the requirements of subsections (a) and (b) with respect to an employee of the Department of Defense or member of the armed forces if the board certifies” in first sentence and “the Secretary” for “the board” in second sentence, and struck out third sentence which read “Such document shall be submitted to and retained by the Director of Acquisition Education, Training, and Career Development.”

Pub. L. 107–107, § 824(a)(1)(A)section 2304(g) of this title2001—Subsec. (a). , reenacted heading without change and substituted introductory provisions for provisions which read “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 , a person must—”.

Pub. L. 107–107, § 824(a)(1)(B)Subsec. (a)(1). , struck out “mandatory” before “contracting courses” and substituted cls. (A) and (B) for “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;”.

Pub. L. 107–107, § 824(a)(1)(C)Pub. L. 108–375, § 1084(h)(1)Subsec. (a)(3)(B). , as amended by , inserted comma after “business”.

Pub. L. 107–107, § 824(a)(2)Subsec. (b). , added subsec. (b) and struck out former subsec. (b) which read as follows:

Series Positions and Similar Military Positions“(b) GS–1102 .—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.”

Pub. L. 107–107, § 824(a)(3)Subsecs. (c) to (f). , added subsecs. (c) to (f) and struck out former subsecs. (c) and (d) which related to exception to requirements of subsecs. (a) and (b) and waiver of such requirements, respectively.

Pub. L. 106–398, § 1 [[div. A]2000—Subsec. (a). , title VIII, § 808(d)], struck out “(except as provided in subsections (c) and (d))” after “a person must” in introductory provisions.

Pub. L. 106–398, § 1 [[div. A]Subsec. (a)(3). , title VIII, § 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”.

Pub. L. 106–398, § 1 [[div. A]Subsec. (b). , title VIII, § 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).”

Pub. L. 106–398, § 1 [[div. A]Subsec. (c). , title VIII, § 808(c)], amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows:

October 1, 1991“(1) The requirements set forth in subsections (a)(3) and (b) shall not apply to any employee who, on , 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.

October 1, 1993“(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 , 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.”

Pub. L. 106–398, § 1 [[div. A]Subsec. (d). , title VIII, § 808(a)], in first sentence, substituted “employee or member of” for “employee of” and “employee or member possesses” for “employee possesses”.

Pub. L. 104–201October 1, 19931996—Subsec. (a). , in introductory provisions, struck out “, beginning on ,” after “require that” and substituted “simplified acquisition threshold” for “small purchase threshold”.

Pub. L. 104–201, § 1074(a)(9)(B)(ii)October 1, 1993Subsec. (b). , struck out “, beginning on ,” after “require that”.

Pub. L. 103–351993—Subsec. (c)(2). inserted “or lower” before “grade” and before “level”.

Statutory Notes and Related Subsidiaries

Effective Date of 2021 Amendment

Pub. L. 116–283Jan. 1, 2022section 1801(d) of Pub. L. 116–283section 3001 of this titleAmendment by effective , with additional provisions for delayed implementation and applicability of existing law, see , set out as a note preceding .

Effective Date of 2004 Amendment

Pub. L. 108–375, div. A, title X, § 1084(h)Oct. 28, 2004118 Stat. 2064section 1732 of this titlesection 5949 of Title 5Dec. 28, 2001Pub. L. 107–107, , , provided that the amendment made by section 1084(h) [amending this section, , and provisions set out as a note under , Government Organization and Employees] is effective as of , and as if included in as enacted.

Effective Date of 2000 Amendment

Pub. L. 106–398, § 1 [[div. A]Oct. 30, 2000114 Stat. 1654

Transfer of Functions

November 25, 2002section 542 of Title 6For transfer of authorities, functions, personnel, and assets of the Coast Guard, including the authorities and functions of the Secretary of Transportation relating thereto, to the Department of Homeland Security, and for treatment of related references, see sections 468(b), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of , as modified, set out as a note under .

Fulfillment Standards for Mandatory Training

section 812(c) of Pub. L. 102–484section 1723 of this titleFor provisions relating to development of fulfillment standards for purposes of the training requirements of this section, see , set out as a note under .

Credit for Experience in Certain Positions

Pub. L. 101–510, div. A, title XII, § 1209(i)Nov. 5, 1990104 Stat. 1667Pub. L. 102–25, title VII, § 704(b)(3)(D)Apr. 6, 1991105 Stat. 119