10 U.S.C. § 1764 — Authority to establish different minimum requirements
submitted 23 years ago by Pub. L. 108-136 to r/title-10-ARMED-FORCES · 185 words · no verdicts yet
This section lets the Secretary of Defense set different minimum experience, education, and tenure requirements for listed acquisition positions. Each requirement must apply uniformly within its listed category.
(a)(1) The Secretary of Defense may prescribe different minimum experience years, education qualifications, and service-tenure qualifications for appointment or advancement to positions listed in (b) than this chapter requires. (2) Each requirement for a paragraph of (b) must apply uniformly to all positions in that paragraph.
(b) It applies to Department of Defense acquisition positions: (1) contracting officer*, except paragraph (6); (2) portfolio acquisition executive; (3) senior contracting official; (4) program manager; (5) deputy program manager; and (6) an armed-force contract contingency-force position filled by a member of that force.
(c) “Contract contingency force” has the meaning given in regulations of the Secretary concerned*.
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.
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.
This section applies to the following acquisition positions in the Department of Defense:
Contracting officer*, except a position referred to in paragraph (6).
Portfolio acquisition executive.
Senior contracting official.
Program manager.
Deputy program manager.
A position in the contract contingency force of an armed force that is filled by a member of that armed force.
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*.
Source credit: (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; Pub. L. 119–60, div. A, title XVIII, § 1802(b)(1)(B), Dec. 18, 2025, 139 Stat. 1227.)
- 2003Enacted · Pub. L. 108-136 · 117 Stat. 1551
- 2004Amended · Pub. L. 108-375 · 118 Stat. 2013
- 2025Amended · Pub. L. 119-60 · 139 Stat. 1227
A history note hasn’t been published yet. The record shows enactment by Pub. L. 108-136 on 2003-11-24.
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