Page:United States Statutes at Large Volume 115 Part 2.djvu/200

 115 STAT. 1184 PUBLIC LAW 107-107—DEC. 28, 2001 any of the requirements of paragraphs (1) and (2) of that subsection."; and (3) by striking subsections (c) and (d) inserting the following new subsections: "(c) EXCEPTIONS.— The qualification requirements imposed by the Secretary of Defense pursuant to subsections (a) and (b) shall not apply to an employee of the Department of Defense or member of the armed forces who— "(1) served as a contracting officer with authority to award or administer contracts in excess of the simplified acquisition threshold on or before September 30, 2000; "(2) served, on or before September 30, 2000, in a position either as an employee in the GS-1102 series or as a member of the armed forces in a similar occupational specialty; "(3) is in the contingency contracting force; or "(4) is described in subsection (e)(1)(B). "(d) WAIVER. —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 that the individual possesses significant potential for advancement to levels of greater responsibility and authority, based on demonstrated job performance and qualifying experience. With respect to each waiver granted under this subsection, the board shall set forth in a written document the rationale for its decision to waive such requirements. Such document shall be submitted to and retained by the Director of Acquisition Education, Training, and Career Development. " (e) DEVELOPMENTAL OPPORTUNITIES.— (1) The Secretary of Defense may— "(A) establish or continue one or more programs for the purpose of recruiting, selecting, appointing, educating, qualifying, and developing the careers of individuals to meet the requirements in subparagraphs (A) and (B) of subsection (a)(3); "(B) appoint individuals to developmental positions in those programs; and "(C) separate from the civil service after a three-year probationary period any individual appointed under this subsection who fails to meet the requirements described in subsection (a)(3). "(2) To qualify for any developmental program described in paragraph (1)(B), an individual shall have— "(A) been awarded a baccalaureate degree, with a grade point average of at least 3.0 (or the equivalent), from an accredited institution of higher education authorized to grant baccalaureate degrees; or "(B) 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. "(f) CONTINGENCY CONTRACTING FORCE. —The Secretary shall establish qualification requirements fov the contingency contracting force consisting of members of the armed forces whose mission is to deploy in support of contingency operations and other operations of the Department of Defense, including—

�