
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-107 Section 1048(e)(4)]
[Document affected by Public Law 107-107 Section 824(b)]
[CITE: 10USC1732]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
 
                    SUBCHAPTER III--ACQUISITION CORPS
 
Sec. 1732. Selection criteria and procedures

    (a) Selection Criteria and Procedures.--Selection for membership in 
an Acquisition Corps shall be made in accordance with criteria and 
procedures established by the Secretary of Defense. Such criteria and 
procedures shall be in effect on and after October 1, 1993.
    (b) Eligibility Criteria.--Except as provided in subsections (c) and 
(d), only persons who meet all of the following requirements may be 
considered for service in the Corps:
        (1)(A) In the case of an employee, the person must be currently 
    serving in a position within grade GS-13 or above of the General 
    Schedule.
        (B) In the case of a member of the armed forces, the person must 
    be currently serving in the grade of major or, in the case of the 
    Navy, lieutenant commander, or a higher grade.
        (C) In the case of an applicant for employment, the person must 
    have experience in government or industry equivalent to the 
    experience of a person in a position described in subparagraph (A) 
    or (B), as validated by the appropriate career program management 
    board.
        (2) The person must meet the educational requirements prescribed 
    by the Secretary of Defense. Such requirements, at a minimum, shall 
    include both of the following:
            (A) A requirement that the person--
                (i) has received a baccalaureate degree at an accredited 
            educational institution authorized to grant baccalaureate 
            degrees, or
                (ii) has been certified by the acquisition career 
            program board of the employing military department as 
            possessing significant potential for advancement to levels 
            of greater responsibility and authority, based on 
            demonstrated analytical and decisionmaking capabilities, job 
            performance, and qualifying experience.

            (B) A requirement that the person has completed--
                (i) at least 24 semester credit hours (or the 
            equivalent) of study from an accredited institution of 
            higher education from among the following disciplines: 
            accounting, business finance, law, contracts, purchasing, 
            economics, industrial management, marketing, quantitative 
            methods, and organization and management; or
                (ii) at least 24 semester credit hours (or the 
            equivalent) from an accredited institution of higher 
            education in the person's career field and 12 semester 
            credit hours (or the equivalent) from such an institution 
            from among the disciplines listed in clause (i) or 
            equivalent training as prescribed by the Secretary to ensure 
            proficiency in the disciplines listed in clause (i).

        (3) The person must meet experience requirements prescribed by 
    the Secretary of Defense. Such requirements shall, at a minimum, 
    include a requirement for at least four years of experience in an 
    acquisition position in the Department of Defense or in a comparable 
    position in industry or government.
        (4) The person must meet such other requirements as the 
    Secretary of Defense or the Secretary of the military department 
    concerned prescribes by regulation.

    (c) Exceptions.--(1) The requirements of subsections (b)(2)(A) and 
(b)(2)(B) shall not apply to any employee who, on October 1, 1991, has 
at least 10 years of experience in acquisition positions or in 
comparable positions in other government agencies or the private sector.
    (2) The requirements of subsections (b)(2)(A) and (b)(2)(B) shall 
not apply to any employee who is serving in an acquisition position on 
October 1, 1991, and who does not have 10 years of experience as 
described in paragraph (1) if the employee passes 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 from among the following 
disciplines: accounting, business finance, law, contracts, purchasing, 
economics, industrial management, marketing, quantitative methods, and 
organization and management. The Secretary of Defense shall submit 
examinations to be given to civilian employees under this paragraph to 
the Director of the Office of Personnel Management for approval. If the 
Director does not disapprove an examination within 30 days after the 
date on which the Director receives the examination, the examination is 
deemed to be approved by the Director.
    (3) Paragraph (1) of subsection (b) shall not apply to an employee 
who--
        (A) having previously served in a position within a grade 
    referred to in subparagraph (A) of that paragraph, is currently 
    serving in the same position within a grade below GS-13 of the 
    General Schedule, or in another position within that grade, by 
    reason of a reduction in force or the closure or realignment of a 
    military installation, or for any other reason other than by reason 
    of an adverse personnel action for cause; and
        (B) except as provided in paragraphs (1) and (2), satisfies the 
    educational, experience, and other requirements prescribed under 
    paragraphs (2), (3), and (4) of that subsection.

    (d) Waiver.--(1) Except as provided in paragraph (2), the 
acquisition career program board of a military department may waive any 
or all of the requirements of subsection (b) with respect to an employee 
of that military department if the board certifies that the employee 
possesses significant potential for advancement to levels of greater 
responsibility and authority, based on demonstrated analytical and 
decisionmaking capabilities, 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. The document shall be submitted to and retained 
by the Director of Acquisition Education, Training, and Career 
Development.
    (2) The acquisition career program board of a military department 
may not waive the requirements of subsection (b)(2)(A)(ii).
    (e) Mobility Statements.--(1) The Secretary of Defense is authorized 
to require civilians in an Acquisition Corps to sign mobility 
statements.
    (2) The Secretary of Defense shall identify which categories of 
civilians in an Acquisition Corps, as a condition of serving in the 
Corps, shall be required to sign mobility statements. The Secretary 
shall make available published information on such identification of 
categories.

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 
104 Stat. 1644; amended Pub. L. 102-484, div. A, title VIII, 
Sec. 812(e)(1), Oct. 23, 1992, 106 Stat. 2451; Pub. L. 103-89, 
Sec. 3(b)(3)(B), Sept. 30, 1993, 107 Stat. 982; Pub. L. 105-261, div. A, 
title VIII, Sec. 811, Oct. 17, 1998, 112 Stat. 2086.)

                       References in Text

    The General Schedule, referred to in subsecs. (b)(1)(A) and 
(c)(3)(A), is set out under section 5332 of Title 5, Government 
Organization and Employees.


                               Amendments

    1998--Subsec. (c)(3). Pub. L. 105-261 added par. (3).
    1993--Subsec. (b)(1)(A). Pub. L. 103-89 substituted ``Schedule'' for 
``Schedule (including any employee covered by chapter 54 of title 5)''.
    1992--Subsec. (b)(2)(B)(ii). Pub. L. 102-484 inserted before period 
at end ``or equivalent training as prescribed by the Secretary to ensure 
proficiency in the disciplines listed in clause (i)''.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-89 effective Nov. 1, 1993, see section 3(c) 
of Pub. L. 103-89, set out as a note under section 3372 of Title 5, 
Government Organization and Employees.


           Equivalent Training Under Subsection (b)(2)(B)(ii)

    Section 812(e)(2) of Pub. L. 102-484 provided that: ``The Secretary 
of Defense shall prescribe equivalent training for purposes of clause 
(ii) of section 1732(b)(2)(B) of title 10, United States Code (as 
amended by paragraph (1)), not later than 120 days after the date of the 
enactment of this Act [Oct. 23, 1992].''

                  Section Referred to in Other Sections

    This section is referred to in sections 1731, 1762 of this title.
