10 U.S.C. § 1735

Current through P.L. 118-106 (published on www.congress.gov on 10/04/2024)
Section 1735 - Education, training, and experience requirements for critical acquisition positions
(a) QUALIFICATION REQUIREMENTS.-In establishing the education, training, and experience requirements under section 1723 of this title for critical acquisition positions, the Secretary of Defense shall, at a minimum, include the requirements set forth in subsections (b) through (e).
(b) PROGRAM MANAGERS AND DEPUTY PROGRAM MANAGERS.-Before being assigned to a position as a program manager or deputy program manager of a major defense acquisition program or a significant nonmajor defense acquisition program, a person-
(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution determined to be comparable by the Secretary of Defense;
(2) must have executed a written agreement as required in section 1734(b)(2); and
(3) in the case of-
(A) a program manager of a major defense acquisition program, must have at least eight years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization;
(B) a program manager of a significant nonmajor defense acquisition program, must have at least six years of experience in acquisition;
(C) a deputy program manager of a major defense acquisition program, must have at least six years of experience in acquisition, at least two years of which were performed in a systems program office or similar organization; and
(D) a deputy program manager of a significant nonmajor defense acquisition program, must have at least four years of experience in acquisition.
(c) PROGRAM EXECUTIVE OFFICERS.-Before being assigned to a position as a program executive officer, a person-
(1) must have completed the program management course at the Defense Systems Management College or a management program at an accredited educational institution in the private sector determined to be comparable by the Secretary of Defense, acting through the Under Secretary of Defense for Acquisition and Sustainment;
(2) must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position; and
(3) must have held a position as a program manager or a deputy program manager.
(d) GENERAL AND FLAG OFFICERS AND CIVILIANS IN EQUIVALENT POSITIONS.-Before a general or flag officer, or a civilian serving in a position equivalent in grade to the grade of such an officer, may be assigned to a critical acquisition position, the person must have at least 10 years experience in an acquisition position, at least four years of which were performed while assigned to a critical acquisition position.
(e) SENIOR CONTRACTING OFFICIALS.-Before a person may be assigned to a critical acquisition position as a senior contracting official, the person must have at least four years experience in contracting.

10 U.S.C. § 1735

Added Pub. L. 101-510, div. A, title XII, §1202(a), Nov. 5, 1990, 104 Stat. 1648; amended Pub. L. 102-484, div. A, title VIII, §812(d), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 103-160, div. A, title IX, §904(d)(1), Nov. 30, 1993, 107 Stat. 1728; Pub. L. 107-107, div. A, title X, §1048(b)(2), Dec. 28, 2001, 115 Stat. 1225; Pub. L. 116-92, div. A, title IX, §902(20), Dec. 20, 2019, 133 Stat. 1545.

EDITORIAL NOTES

AMENDMENTS2019-Subsec. (c)(1). Pub. L. 116-92 substituted "Under Secretary of Defense for Acquisition and Sustainment" for "Under Secretary of Defense for Acquisition, Technology, and Logistics". 2001-Subsec. (c)(1). Pub. L. 107-107 substituted "Under Secretary of Defense for Acquisition, Technology, and Logistics" for "Under Secretary of Defense for Acquisition and Technology". 1993-Subsec. (c)(1). Pub. L. 103-160 substituted "Under Secretary of Defense for Acquisition and Technology" for "Under Secretary of Defense for Acquisition".1992-Subsec. (b)(3). Pub. L. 102-484 struck out "or deputy program manager" after "program manager" in subpars. (A) and (B), struck out "and" at end of subpar. (A), substituted semicolon for period at end of subpar. (B), and added subpars. (C) and (D).

STATUTORY NOTES AND RELATED SUBSIDIARIES

FULFILLMENT STANDARDS FOR MANDATORY TRAININGFor 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.

flag officer
The term "flag officer" means an officer of the Navy or Coast Guard serving in or having the grade of admiral, vice admiral, rear admiral, or rear admiral (lower half).
grade
The term "grade" means a step or degree, in a graduated scale of office or military rank, that is established and designated as a grade by law or regulation.
officer
The term "officer" means a commissioned or warrant officer.