{"identifier":"/us/usc/t10/s1762","title":10,"num":"\u00a7\u202f1762.","heading":"Demonstration project relating to certain acquisition personnel management policies and procedures","text":"\u00a7\u202f1762.\nDemonstration project relating to certain acquisition personnel management policies and procedures\n(a)\nCommencement.\u2014\nThe 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.\n(b)\nTerms and Conditions.\u2014\n(1) Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall be subject to\nsection 4703 of title 5\n(2) Subject to paragraph (3), in applying\n(A) \u201c180 days\u201d in subsection (b)(4) of such section shall be deemed to read \u201c120 days\u201d;\n(B) \u201c90 days\u201d in subsection (b)(6) of such section shall be deemed to read \u201c30 days\u201d; and\n(C) subsection (d)(1) of such section shall be disregarded.\n(3) Paragraph (2) shall not apply with respect to a demonstration project unless\u2014\n(A) for each organization or team participating in the demonstration project\u2014\n(i) at least one-third of the workforce participating in the demonstration project consists of members of the acquisition workforce; and\n(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\n(B) the demonstration project commences before\nOctober 1, 2007\n(4) The Secretary of Defense shall exercise the authorities granted to the Office of Personnel Management under\nsection 4703 of title 5\n(c)\nLimitation on Number of Participants.\u2014\nThe total number of persons who may participate at any one time in the demonstration project under this section may not exceed 130,000.\n(d)\nEffect of Reorganizations.\u2014\nThe 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.\n(e)\nAssessments.\u2014\n(1) The Secretary of Defense shall designate an independent organization to conduct two assessments of the acquisition workforce demonstration project described in subsection (a).\n(2) Each such assessment shall include the following:\n(A) A description of the workforce included in the project.\n(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\u2019s preferences.\n(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.\n(D) The steps taken to ensure that such system is fair and transparent for all employees in the project.\n(E) How the project allows the organization to better meet mission needs.\n(F) An analysis of how the flexibilities in subparagraphs (B) and (C) are used, and what barriers have been encountered that inhibit their use.\n(G) Whether there is a process for\u2014\n(i) ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the performance appraisal period; and\n(ii) setting timetables for performance appraisals.\n(H) The project\u2019s impact on career progression.\n(I) The project\u2019s appropriateness or inappropriateness in light of the complexities of the workforce affected.\n(J) The project\u2019s sufficiency in terms of providing protections for diversity in promotion and retention of personnel.\n(K) The adequacy of the training, policy guidelines, and other preparations afforded in connection with using the project.\n(L) Whether there is a process for ensuring employee involvement in the development and improvement of the project.\n(3) The first assessment under this subsection shall be completed not later than\nSeptember 30, 2012\nSeptember 30, 2016\n(f)\nCovered Congressional Committees.\u2014\nIn this section, the term \u201ccovered congressional committees\u201d means\u2014\n(1) the Committees on Armed Services of the Senate and the House of Representatives;\n(2) the Committee on Homeland Security and Governmental Affairs of the Senate; and\n(3) the Committee on Oversight and Government Reform of the House of Representatives.\n(g)\nTermination of Authority.\u2014\nThe authority to conduct a demonstration project under this section shall terminate on\nDecember 31, 2031\n(h)\nConversion.\u2014\nWithin 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\nsection 9902 of title 5","url":"https://projectusc.org/usc/t10/s1762.html","content":[{"t":"sec","id":"/us/usc/t10/s1762","children":[{"t":"num","text":"\u00a7\u202f1762."},{"t":"heading","text":"Demonstration project relating to certain acquisition personnel management policies and procedures"},{"t":"subsec","id":"/us/usc/t10/s1762/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"Commencement.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s1762/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"Terms and Conditions.\u2014"},{"t":"para","id":"/us/usc/t10/s1762/b/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" Except as otherwise provided in this subsection, any demonstration project described in subsection (a) shall be subject to ","children":[{"t":"ref","text":"section 4703 of title 5","href":"/us/usc/t5/s4703","tail":" and all other provisions of such title that apply with respect to any demonstration project under such section."}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s1762/b/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" Subject to paragraph (3), in applying ","children":[{"t":"ref","text":"section 4703 of title 5","href":"/us/usc/t5/s4703","tail":" with respect to a demonstration project described in subsection (a)\u2014"}]},{"t":"subpara","id":"/us/usc/t10/s1762/b/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" \u201c180 days\u201d in subsection (b)(4) of such section shall be deemed to read \u201c120 days\u201d;","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/b/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" \u201c90 days\u201d in subsection (b)(6) of such section shall be deemed to read \u201c30 days\u201d; and","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/b/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" subsection (d)(1) of such section shall be disregarded.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s1762/b/3","children":[{"t":"num","text":"(3)"},{"t":"chapeau","text":" Paragraph (2) shall not apply with respect to a demonstration project unless\u2014"},{"t":"subpara","id":"/us/usc/t10/s1762/b/3/A","children":[{"t":"num","text":"(A)"},{"t":"chapeau","text":" for each organization or team participating in the demonstration project\u2014"},{"t":"clause","id":"/us/usc/t10/s1762/b/3/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" at least one-third of the workforce participating in the demonstration project consists of members of the acquisition workforce; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t10/s1762/b/3/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" 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","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/b/3/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" the demonstration project commences before ","children":[{"t":"text","text":"October 1, 2007","tail":"."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s1762/b/4","children":[{"t":"num","text":"(4)"},{"t":"content","text":" The Secretary of Defense shall exercise the authorities granted to the Office of Personnel Management under ","children":[{"t":"ref","text":"section 4703 of title 5","href":"/us/usc/t5/s4703","tail":" for purposes of the demonstration project authorized under this section."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s1762/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Limitation on Number of Participants.\u2014"},{"t":"content","text":"The total number of persons who may participate at any one time in the demonstration project under this section may not exceed 130,000.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s1762/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Effect of Reorganizations.\u2014"},{"t":"content","text":"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.","tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s1762/e","children":[{"t":"num","text":"(e)"},{"t":"heading","text":"Assessments.\u2014"},{"t":"para","id":"/us/usc/t10/s1762/e/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" The Secretary of Defense shall designate an independent organization to conduct two assessments of the acquisition workforce demonstration project described in subsection (a).","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s1762/e/2","children":[{"t":"num","text":"(2)"},{"t":"chapeau","text":" Each such assessment shall include the following:"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/A","children":[{"t":"num","text":"(A)"},{"t":"content","text":" A description of the workforce included in the project.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/B","children":[{"t":"num","text":"(B)"},{"t":"content","text":" 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\u2019s preferences.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/C","children":[{"t":"num","text":"(C)"},{"t":"content","text":" 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.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/D","children":[{"t":"num","text":"(D)"},{"t":"content","text":" The steps taken to ensure that such system is fair and transparent for all employees in the project.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/E","children":[{"t":"num","text":"(E)"},{"t":"content","text":" How the project allows the organization to better meet mission needs.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/F","children":[{"t":"num","text":"(F)"},{"t":"content","text":" An analysis of how the flexibilities in subparagraphs (B) and (C) are used, and what barriers have been encountered that inhibit their use.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/G","children":[{"t":"num","text":"(G)"},{"t":"chapeau","text":" Whether there is a process for\u2014"},{"t":"clause","id":"/us/usc/t10/s1762/e/2/G/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the performance appraisal period; and","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t10/s1762/e/2/G/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" setting timetables for performance appraisals.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/H","children":[{"t":"num","text":"(H)"},{"t":"content","text":" The project\u2019s impact on career progression.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" The project\u2019s appropriateness or inappropriateness in light of the complexities of the workforce affected.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/J","children":[{"t":"num","text":"(J)"},{"t":"content","text":" The project\u2019s sufficiency in terms of providing protections for diversity in promotion and retention of personnel.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/K","children":[{"t":"num","text":"(K)"},{"t":"content","text":" The adequacy of the training, policy guidelines, and other preparations afforded in connection with using the project.","tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t10/s1762/e/2/L","children":[{"t":"num","text":"(L)"},{"t":"content","text":" Whether there is a process for ensuring employee involvement in the development and improvement of the project.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s1762/e/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" The first assessment under this subsection shall be completed not later than ","children":[{"t":"text","text":"September 30, 2012","tail":". The second and final assessment shall be completed not later than "},{"t":"text","text":"September 30, 2016","tail":". 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."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s1762/f","children":[{"t":"num","text":"(f)"},{"t":"heading","text":"Covered Congressional Committees.\u2014"},{"t":"chapeau","text":"In this section, the term \u201ccovered congressional committees\u201d means\u2014"},{"t":"para","id":"/us/usc/t10/s1762/f/1","children":[{"t":"num","text":"(1)"},{"t":"content","text":" the Committees on Armed Services of the Senate and the House of Representatives;","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s1762/f/2","children":[{"t":"num","text":"(2)"},{"t":"content","text":" the Committee on Homeland Security and Governmental Affairs of the Senate; and","tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t10/s1762/f/3","children":[{"t":"num","text":"(3)"},{"t":"content","text":" the Committee on Oversight and Government Reform of the House of Representatives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s1762/g","children":[{"t":"num","text":"(g)"},{"t":"heading","text":"Termination of Authority.\u2014"},{"t":"content","text":"The authority to conduct a demonstration project under this section shall terminate on ","children":[{"t":"text","text":"December 31, 2031","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t10/s1762/h","children":[{"t":"num","text":"(h)"},{"t":"heading","text":"Conversion.\u2014"},{"t":"content","text":"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 ","children":[{"t":"ref","text":"section 9902 of title 5","href":"/us/usc/t5/s9902","tail":"."}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}