Title 10 — Armed Forces
Part II · Chapter 87 — Defense Acquisition Workforce
§ 1762. Demonstration project relating to certain acquisition personnel management policies and procedures
Statutory text
Commencement.—
The Secretary of Defense is authorized to carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more proposals for improving the personnel management policies or procedures that apply with respect to the acquisition workforce of the Department of Defense and supporting personnel assigned to work directly with the acquisition workforce.
Terms and Conditions.—
Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall be subject to section 4703 of title 5 and all other provisions of such title that apply with respect to any demonstration project under such section.
Subject to paragraph (3), in applying section 4703 of title 5 with respect to a demonstration project described in subsection (a)—
“180 days” in subsection (b)(4) of such section shall be deemed to read “120 days”;
“90 days” in subsection (b)(6) of such section shall be deemed to read “30 days”; and
subsection (d)(1) of such section shall be disregarded.
Paragraph (2) shall not apply with respect to a demonstration project unless—
for each organization or team participating in the demonstration project—
at least one-third of the workforce participating in the demonstration project consists of members of the acquisition workforce; and
at least two-thirds of the workforce participating in the demonstration project consists of members of the acquisition workforce and supporting personnel assigned to work directly with the acquisition workforce; and
the demonstration project commences before .
The Secretary of Defense shall exercise the authorities granted to the Office of Personnel Management under section 4703 of title 5 for purposes of the demonstration project authorized under this section.
Limitation on Number of Participants.—
The total number of persons who may participate at any one time in the demonstration project under this section may not exceed 130,000.
Effect of Reorganizations.—
The applicability of paragraph (2) of subsection (b) to an organization or team shall not terminate by reason that the organization or team, after having satisfied the conditions in paragraph (3) of such subsection when it began to participate in a demonstration project under this section, ceases to meet one or both of the conditions set forth in subparagraph (A) of such paragraph (3) as a result of a reorganization, restructuring, realignment, consolidation, or other organizational change.
Assessments.—
The Secretary of Defense shall designate an independent organization to conduct two assessments of the acquisition workforce demonstration project described in subsection (a).
Each such assessment shall include the following:
A description of the workforce included in the project.
An explanation of the flexibilities used in the project to appoint individuals to the acquisition workforce and whether those appointments are based on competitive procedures and recognize veteran’s preferences.
An explanation of the flexibilities used in the project to develop a performance appraisal system that recognizes excellence in performance and offers opportunities for improvement.
The steps taken to ensure that such system is fair and transparent for all employees in the project.
How the project allows the organization to better meet mission needs.
An analysis of how the flexibilities in subparagraphs (B) and (C) are used, and what barriers have been encountered that inhibit their use.
Whether there is a process for—
ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the performance appraisal period; and
setting timetables for performance appraisals.
The project’s impact on career progression.
The project’s appropriateness or inappropriateness in light of the complexities of the workforce affected.
The project’s sufficiency in terms of providing protections for diversity in promotion and retention of personnel.
The adequacy of the training, policy guidelines, and other preparations afforded in connection with using the project.
Whether there is a process for ensuring employee involvement in the development and improvement of the project.
The first assessment under this subsection shall be completed not later than . The second and final assessment shall be completed not later than . The Secretary shall submit to the covered congressional committees a copy of each assessment within 30 days after receipt by the Secretary of the assessment.
Covered Congressional Committees.—
In this section, the term “covered congressional committees” means—
the Committees on Armed Services of the Senate and the House of Representatives;
the Committee on Homeland Security and Governmental Affairs of the Senate; and
the Committee on Oversight and Government Reform of the House of Representatives.
Termination of Authority.—
The authority to conduct a demonstration project under this section shall terminate on .
Conversion.—
Within 6 months after the authority to conduct a demonstration project under this section is terminated as provided in subsection (g), employees in the project shall convert to the civilian personnel system created pursuant to section 9902 of title 5.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Improve Acquisition Act of 2010
Pub. L. 111–383 div. A title VIII § 872(a)(1) · 124 Stat. 4137
Enacted · 10 U.S.C. § 1762
Added Pub. L. 111–383, div. A, title VIII, § 872(a)(1), Jan. 7, 2011, 124 Stat. 4300
Source evidence
Code source credit
Added Pub. L. 111–383, div. A, title VIII, § 872(a)(1), Jan. 7, 2011, 124 Stat. 4300Enacted provision · exact public law section
(1) In general.— Chapter 87 of title 10, United States Code, is amended by inserting after section 1761 the following new section: “§ 1762. Demonstration project relating to certain acquisition personnel management policies and procedures “(a) Commencement.— The Secretary of Defense is authorized to carry out a demonstration project, the purpose of which is to determine the feasibility or desirability of one or more proposals for improving the personnel management policies or procedures that apply with respect to the acquisition workforce of the Department of Defense and supporting personnel assigned to work directly with the acquisition workforce. “(b) Terms and Conditions.— (1) Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall be subject to section 4703 of title 5 and all other provisions of such title that apply with respect to any demonstration project under such section. “(2) Subject to paragraph (3), in applying section 4703 of title 5 with respect to a demonstration project described in subsection (a)— “(A) ‘180 days’ in subsection (b)(4) of such section shall be deemed to read ‘120 days’; “(B) ‘90 days’ in subsection (b)(6) of such section shall be deemed to read ‘30 days’; and “(C) subsection (d)(1) of such section shall be disregarded. “(3) Paragraph (2) shall not apply with respect to a demonstration project unless— “(A) for each organization or team participating in the demonstration project— “(i) at least one-third of the workforce participating in the demonstration project consists of members of the acquisition workforce; and “(ii) at least two-thirds of the workforce participating in the demonstration project consists of members of the acquisition workforce and supporting personnel assigned to work directly with the acquisition workforce; and “(B) the demonstration project commences before October 1, 2007. “(c) Limitation on Number of Participants.— The total number of persons who may participate in the demonstration project under this section may not exceed 120,000. “(d) Effect of Reorganizations.— The applicability of paragraph (2) of subsection (b) to an organization or team shall not terminate by reason that the organization or team, after having satisfied the conditions in paragraph (3) of such subsection when it began to participate in a demonstration project under this section, ceases to meet one or both of the conditions set forth in subparagraph (A) of such paragraph (3) as a result of a reorganization, restructuring, realignment, consolidation, or other organizational change. “(e) Assessments.— (1) The Secretary of Defense shall designate an independent organization to conduct two assessments of the acquisition workforce demonstration project described in subsection (a). “(2) Each such assessment shall include the following: “(A) A description of the workforce included in the project. “(B) An explanation of the flexibilities used in the project to appoint individuals to the acquisition workforce and whether those appointments are based on competitive procedures and recognize veteran’s preferences. “(C) An explanation of the flexibilities used in the project to develop a performance appraisal system that recognizes excellence in performance and offers opportunities for improvement. “(D) The steps taken to ensure that such system is fair and transparent for all employees in the project. “(E) How the project allows the organization to better meet mission needs. “(F) An analysis of how the flexibilities in subparagraphs (B) and (C) are used, and what barriers have been encountered that inhibit their use. “(G) Whether there is a process for— “(i) ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the performance appraisal period; and “(ii) setting timetables for performance appraisals. “(H) The project’s impact on career progression. “(I) The project’s appropriateness or inappropriateness in light of the complexities of the workforce affected. “(J) The project’s sufficiency in terms of providing protections for diversity in promotion and retention of personnel. “(K) The adequacy of the training, policy guidelines, and other preparations afforded in connection with using the project. “(L) Whether there is a process for ensuring employee involvement in the development and improvement of the project. “(3) The first assessment under this subsection shall be completed not later than September 30, 2012. The second and final assessment shall be completed not later than September 30, 2016. The Secretary shall submit to the covered congressional committees a copy of each assessment within 30 days after receipt by the Secretary of the assessment. “(f) Covered Congressional Committees.— In this section, the term ‘covered congressional committees’ means— “(1) the Committees on Armed Services of the Senate and the House of Representatives; “(2) the Committee on Homeland Security and Governmental Affairs of the Senate; and “(3) the Committee on Oversight and Government Reform of the House of Representatives. “(g) Termination of Authority.— The authority to conduct a demonstration program under this section shall terminate on September 30, 2017. “(h) Conversion.— Within 6 months after the authority to conduct a demonstration project under this section is terminated as provided in subsection (g), employees in the project shall convert to the civilian personnel system created pursuant to section 9902 of title 5.” .National Defense Authorization Act for Fiscal Year 2016
Pub. L. 114–92 div. A title VIII § 846 · 129 Stat. 726
Substituted · 10 U.S.C. § 1762(g)
Pub. L. 114–92 substituted “demonstration project” for “demonstration program”
Substituted · 10 U.S.C. § 1762(g)
Pub. L. 114–92 substituted “December 31, 2020” for “September 30, 2017”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 114–92 substituted “demonstration project” for “demonstration program” and “December 31, 2020” for “September 30, 2017”.Enacted provision · exact public law section
SEC. 846. EXTENSION OF AUTHORITY FOR THE CIVILIAN ACQUISITION WORKFORCE PERSONNEL DEMONSTRATION PROJECT. (a) Extension.— Section 1762(g) of title 10, United States Code, is amended by striking “September 30, 2017” and inserting “December 31, 2020”. (b) Technical Amendment.— Such section is further amended by striking “demonstration program” and inserting “demonstration project”.National Defense Authorization Act for Fiscal Year 2017
Pub. L. 114–328 div. A title VIII § 867(a) · 130 Stat. 2000
Added · 10 U.S.C. § 1762(b)(4)
Pub. L. 114–328 added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 114–328 added par. (4).Enacted provision · exact public law section
(a) Amendment.— Section 1762(b) of title 10, United States Code, is amended by adding at the end the following new paragraph: “(4) The Secretary of Defense shall exercise the authorities granted to the Office of Personnel Management under section 4703 of title 5 for purposes of the demonstration project authorized under this section.” .Effective date note
Pub. L. 114–328, div. A, title VIII, § 867(b), Dec. 23, 2016, 130 Stat. 2306, provided that: “Paragraph (4) of section 1762(b) of title 10, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning 60 days after the date of the enactment of this Act [Dec. 23, 2016].”National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 844(b) · 131 Stat. 1283
Substituted · 10 U.S.C. § 1762(c)
Pub. L. 115–91, § 844(b), substituted “at any one time the demonstration project under this section may not exceed 130,000” for “the demonstration project under this section may not exceed 120,000”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 115–91, § 844(b), substituted “at any one time the demonstration project under this section may not exceed 130,000” for “the demonstration project under this section may not exceed 120,000”.Enacted provision · exact public law section
(b) Increase in Limit on Number of Participants.— Section 1762(c) of title 10, United States Code, is amended by striking “the demonstration project under this section may not exceed 120,000” and inserting “at any one time the demonstration project under this section may not exceed 130,000”.National Defense Authorization Act for Fiscal Year 2018
Pub. L. 115–91 § 844(a) · 131 Stat. 1283
Substituted · 10 U.S.C. § 1762(g)
Pub. L. 115–91, § 844(a), substituted “December 31, 2023” for “December 31, 2020”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 115–91, § 844(a), substituted “December 31, 2023” for “December 31, 2020”.Enacted provision · exact public law section
(a) Extension.— Section 1762(g) of title 10, United States Code, is amended by striking “December 31, 2020” and inserting “December 31, 2023”.National Defense Authorization Act for Fiscal Year 2020
Pub. L. 116–92 div. A title XVII § 1731(a)(27) · 133 Stat. 1198
Substituted · 10 U.S.C. § 1762(c)
Pub. L. 116–92 substituted “at any one time in” for “in at any one time”
Source evidence
Code amendment note
Subsec. (c). Pub. L. 116–92 substituted “at any one time in” for “in at any one time”.Enacted provision · exact public law section
(27) Section 1762(c) is amended by striking “in at any one time” and inserting “at any one time in”.National Defense Authorization Act for Fiscal Year 2022
Pub. L. 117–81 div. A title VIII § 812 · 135 Stat. 1541
Substituted · 10 U.S.C. § 1762(g)
Pub. L. 117–81 substituted “December 31, 2026” for “December 31, 2023”
Source evidence
Code amendment note
Subsec. (g). Pub. L. 117–81 substituted “December 31, 2026” for “December 31, 2023”.Enacted provision · exact public law section
SEC. 812. EXTENSION OF DEMONSTRATION PROJECT RELATING TO CERTAIN ACQUISITION PERSONNEL MANAGEMENT POLICIES AND PROCEDURES. Section 1762(g) of title 10, United States Code, is amended by striking “December 31, 2023” and inserting “December 31, 2026”.Pub. L. 118–159 div. A title VIII § 833 · 138 Stat. 1986
Substituted · 10 U.S.C. § 1762(g)
Pub. L. 118–159 substituted “December 31, 2031” for “December 31, 2026”
Unresolved: Pub. L. 118–159 was not found in the local Statutes at Large index.
Source evidence
Code amendment note
Subsec. (g). Pub. L. 118–159 substituted “December 31, 2031” for “December 31, 2026”.
8 of 9 references resolved to an enrolled provision · 1 unresolved
Editorial Notes
Prior Provisions
A prior section 1762, added Pub. L. 101–510, div. A, title XII, § 1202(a), , 104 Stat. 1654; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1), , 107 Stat. 1728; Pub. L. 106–65, div. A, title IX, § 911(a)(1), , 113 Stat. 717, related to report by the Under Secretary of Defense for Acquisition, Technology, and Logistics to the Secretary of Defense on the status of the defense acquisition workforce, prior to repeal by Pub. L. 107–107, div. A, title X, § 1048(e)(7)(A), , 115 Stat. 1227.
Provisions similar to those in this section were contained in Pub. L. 104–106, div. D, title XLIII, § 4308, , 110 Stat. 669, which was set out as a note under section 1701 of this title, prior to repeal by Pub. L. 111–383, § 872(b).
Amendments2015–2024 · 6 rounds
2024
Subsec. (g). Pub. L. 118–159 substituted “” for “”.
2021
Subsec. (g). Pub. L. 117–81 substituted “” for “”.
2019
Subsec. (c). Pub. L. 116–92 substituted “at any one time in” for “in at any one time”.
2017
Subsec. (c). Pub. L. 115–91, § 844(b), substituted “at any one time the demonstration project under this section may not exceed 130,000” for “the demonstration project under this section may not exceed 120,000”.
Subsec. (g). Pub. L. 115–91, § 844(a), substituted “” for “”.
2016
Subsec. (b)(4). Pub. L. 114–328 added par. (4).
2015
Subsec. (g). Pub. L. 114–92 substituted “demonstration project” for “demonstration program” and “” for “”.
Statutory Notes and Related Subsidiaries
Change of Name
Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, . Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, .
Effective Date of 2016 Amendment
Pub. L. 114–328, div. A, title VIII, § 867(b), , 130 Stat. 2306, provided that: “Paragraph (4) of section 1762(b) of title 10, United States Code, as added by subsection (a), shall take effect on the first day of the first month beginning 60 days after the date of the enactment of this Act [].”
Credits
2011–2024 · 7 acts
- 2011Added Pub. L. 111–383, div. A, title VIII, § 872(a)(1), , 124 Stat. 4300
- 2015amended Pub. L. 114–92, div. A, title VIII, § 846, , 129 Stat. 916
- 2016Pub. L. 114–328, div. A, title VIII, § 867(a), , 130 Stat. 2306
- 2017Pub. L. 115–91, div. A, title VIII, § 844(a), (b), , 131 Stat. 1482
- 2019Pub. L. 116–92, div. A, title XVII, § 1731(a)(27), , 133 Stat. 1813
- 2021Pub. L. 117–81, div. A, title VIII, § 812, , 135 Stat. 1823
- 2024Pub. L. 118–159, div. A, title VIII, § 833, , 138 Stat. 1986.
Show as published
(Added Pub. L. 111–383, div. A, title VIII, § 872(a)(1), , 124 Stat. 4300; amended Pub. L. 114–92, div. A, title VIII, § 846, , 129 Stat. 916; Pub. L. 114–328, div. A, title VIII, § 867(a), , 130 Stat. 2306; Pub. L. 115–91, div. A, title VIII, § 844(a), (b), , 131 Stat. 1482; Pub. L. 116–92, div. A, title XVII, § 1731(a)(27), , 133 Stat. 1813; Pub. L. 117–81, div. A, title VIII, § 812, , 135 Stat. 1823; Pub. L. 118–159, div. A, title VIII, § 833, , 138 Stat. 1986.)