
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 10USC1733]

 
                         TITLE 10--ARMED FORCES
 
                    Subtitle A--General Military Law
 
                           PART II--PERSONNEL
 
                CHAPTER 87--DEFENSE ACQUISITION WORKFORCE
 
                    SUBCHAPTER III--ACQUISITION CORPS
 
Sec. 1733. Critical acquisition positions

    (a) Requirement for Corps Member.--A critical acquisition position 
may be filled only by a member of an Acquisition Corps.
    (b) Designation of Critical Acquisition Positions.--(1) The 
Secretary of Defense shall designate the acquisition positions in the 
Department of Defense that are critical acquisition positions. Such 
positions shall include the following:
        (A) Any acquisition position which--
            (i) in the case of employees, is required to be filled by an 
        employee in a position within grade GS-14 or above of the 
        General Schedule, or in the Senior Executive Service; or
            (ii) in the case of members of the armed forces, is required 
        to be filled by a commissioned officer of the Army, Navy, Air 
        Force, or Marine Corps who is serving in the grade of lieutenant 
        colonel, or, in the case of the Navy, commander, or a higher 
        grade.

        (B) Other selected acquisition positions not covered by 
    subparagraph (A), including the following:
            (i) Program executive officer.
            (ii) Program manager of a major defense acquisition program 
        (as defined in section 2430 of this title) or of a significant 
        nonmajor defense acquisition program (as defined in section 
        1737(a)(3) of this title).
            (iii) Deputy program manager of a major defense acquisition 
        program.

        (C) Any other acquisition position of significant responsibility 
    in which the primary duties are supervisory or management duties.

    (2) The Secretary shall periodically publish a list of the positions 
designated under this subsection.

(Added Pub. L. 101-510, div. A, title XII, Sec. 1202(a), Nov. 5, 1990, 
104 Stat. 1646; amended Pub. L. 102-484, div. A, title X, Sec. 1052(22), 
Oct. 23, 1992, 106 Stat. 2500; Pub. L. 103-89, Sec. 3(b)(3)(C), Sept. 
30, 1993, 107 Stat. 983; Pub. L. 104-201, div. A, title X, 
Sec. 1074(a)(9)(C), Sept. 23, 1996, 110 Stat. 2659.)

                       References in Text

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


                               Amendments

    1996--Subsec. (a). Pub. L. 104-201 substituted ``A critical'' for 
``On and after October 1, 1993, a critical''.
    1993--Subsec. (b)(1)(A)(i). Pub. L. 103-89 substituted ``Schedule'' 
for ``Schedule (including an employee covered by chapter 54 of title 
5)''.
    1992--Subsec. (b)(1)(B)(ii). Pub. L. 102-484 substituted 
``1737(a)(3)'' for ``1736(a)(3)''.


                    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.


   Effective Date for Requirement for Corps Members To Fill Critical 
                          Acquisition Positions

    Pub. L. 101-510, div. A, title XII, Sec. 1209(f), Nov. 5, 1990, 104 
Stat. 1666, as amended by Pub. L. 102-25, title VII, Sec. 704(b)(3)(C), 
Apr. 6, 1991, 105 Stat. 119; Pub. L. 103-160, div. A, title IX, 
Sec. 904(f), Nov. 30, 1993, 107 Stat. 1729, provided that the 
Secretaries of the military departments were to make every effort to 
fill critical acquisition positions by Acquisition Corps members as soon 
as possible after Nov. 5, 1990, and that for each of the first three 
years after Nov. 5, 1990, the report of the Under Secretary of Defense 
for Acquisition and Technology to the Secretary of Defense under section 
1762 of this title was to include the number of critical acquisition 
positions filled by Acquisition Corps members.


          Publication of List of Critical Acquisition Positions

    Section 1209(g) of Pub. L. 101-510 provided that: ``The Secretary of 
Defense shall publish the first list of positions designated as critical 
acquisition positions under section 1733(b)(2) of title 10, United 
States Code (as added by section 1202), not later than October 1, 
1992.''

                  Section Referred to in Other Sections

    This section is referred to in sections 1723, 1736 of this title; 
title 37 section 317.
