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10 U.S.C. § 1762 — Demonstration project relating to certain acquisition personnel management policies and procedures
Federal law — U.S. Code and appendices · legal_authorities
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) 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 direc
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Source file: Laws/federal/codes/united-states-code/title-10/section-1762-demonstration-project-relating-to-certain-acquisition-personnel-manageme--caab1fe82e.md
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Source location: Title 10, Chapter 87, § 1762; chapter-087-defense-acquisition-workforce.md
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**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) 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.
(4) The Secretary of Defense shall exercise the authorities granted to the Office of Personnel Management under [section 4703 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section4703&num=0&edition=prelim) for purposes of the demonstration project authorized under this section.
**(c) 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.
**(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 project under this section shall terminate on December 31, 2031.
**(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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** Except as provided in this section, the Office of Personnel Management may, directly or through agreement or contract with one or more agencies and other public and private organizations, conduct and evaluate demonstration projects. Subject to the provisions of this section, the conducting of demonstration projects shall not be limited by any lack of specific authority under this title to take the action contemplated, or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action, including any law or regulation relating to—
(1) the methods of establishing qualification requirements for, recruitment for, and appointment to positions;
(2) the methods of classifying positions and compensating employees;
(3) the methods of assigning, reassigning, or promoting employees;
(4) the methods of disciplining employees;
(5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay;
(6) the hours of work per day or per week;
(7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and
(8) the methods of reducing overall agency staff and grade levels.
**(b)** Before conducting or entering into any agreement or contract to conduct a demonstration project, the Office shall—
(1) develop a plan for such project which identifies—
(A) the purposes of the project;
(B) the types of employees or eligibles, categorized by occupational series, grade, or organizational unit;
(C) the number of employees or eligibles to be included, in the aggregate and by category;
(D) the methodology;
(E) the duration;
(F) the training to be provided;
(G) the anticipated costs;
(H) the metho
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 4703
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Policies and Procedures.—** The Secretary of Defense shall establish policies and procedures for the effective management (including accession, education, training, and career development) of persons serving in acquisition positions in the Department of Defense.
**(b) Uniform Implementation.—** The Secretary shall ensure that, to the maximum extent practicable, acquisition workforce policies and procedures established in accordance with this chapter are uniform in their implementation throughout the Department of Defense.
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Performance Management and Workforce Incentives.—**
(1) The Secretary, in coordination with the Director, shall promulgate regulations providing for the following:
(A) A fair, credible, and transparent performance appraisal system for employees.
(B) A fair, credible, and transparent system for linking employee bonuses and other performance-based actions to performance appraisals of employees.
(C) A process for ensuring ongoing performance feedback and dialogue among supervisors, managers, and employees throughout the appraisal period and setting timetables for review.
(D) Development of attractive career paths.
(E) Development of “performance assistance plans” that are designed to give employees formal training, on-the-job training, counseling, mentoring, and other assistance.
(2) In developing the regulations required by this subsection, the Secretary, in coordination with the Director, may waive the requirements of chapter 43 (other than sections 4302 and 4303(e)) and the regulations implementing such chapter, to the extent necessary to achieve the objectives of this subsection.
(3)
(A) The Secretary may establish a fund, to be known as the “Department of Defense Civilian Workforce Incentive Fund” (in this paragraph referred to as the “Fund”).
(B) The Fund shall consist of the following:
(i) Amounts appropriated to the Fund.
(ii) Amounts available for compensation of employees that are transferred to the Fund.
(C) Amounts in the Fund shall be available for the following:
(i) Incentive payments for employees based on team or individual performance (which payments shall be in addition to basic pay).
(ii) Incentive payments to attract or retain employees with particular or superior qualifications or abilities.
(D) T
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 9902
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose.—** The purpose of this chapter is to require the Department of Defense to develop and manage a highly skilled professional acquisition workforce—
(1) in which excellence and contribution to mission is rewarded;
(2) which has the technical expertise and business skills to ensure the Department receives the best value for the expenditure of public resources;
(3) which serves as a model for performance management of employees of the Department; and
(4) which is managed in a manner that complements and reinforces the management of the defense acquisition system pursuant to chapter 205 of this title.
**(b) Performance Management.—** In order to achieve the purpose set forth in subsection (a), the Secretary of Defense shall—
(1) use the full authorities provided in subsections (a) through (d) of [section 9902 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section9902&num=0&edition=prelim), including flexibilities related to performance management and hiring and to training of managers;
(2) require managers to develop performance plans for individual members of the acquisition workforce in order to give members an understanding of how their performance contributes to their organization’s mission and the success of the defense acquisition system (as defined in [section 3001 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section3001&num=0&edition=prelim));
(3) to the extent appropriate, use the lessons learned from the acquisition demonstration project carried out under [section 1762 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1762&num=0&edition=prelim) related to contribution-based compensation and appraisal, and how those lessons may be ap
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1701a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) 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 senior position in the National Security Personnel System, as determined in accordance with guidelines prescribed by the Secretary, 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, Marine Corps, or Space Force 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) Portfolio acquisition executive.
(ii) Program manager of a major defense acquisition program (as defined in [section 4201 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section4201&num=0&edition=prelim)) or of a significant nonmajor defense acquisition program (as defined in [section 1737(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title10-section1737/a/3&num=0&edition=prelim)).
(iii) Deputy program manager of a major defense acquisition program.
(iv) Product support manager.
(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.
**(b) Promotion Rate for Officers in the Acquisition Workforce.—** The Se
Source: Supplied U.S. Code snapshot — release unconfirmed · 10 U.S.C. § 1731
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Federal law — U.S. Code and appendices · legal_authorities
Page 1583
TITLE 10—ARMED FORCES
§ 1762
(3) a budget for the training program that
meets the requirements of subsection (f);
(4) the status and success of the pilot pro-
gram; and
(5)
any
additional
information
or
rec-
ommendations with respect to the training
program that the Under Secretary of Defense
for Acquisition and Sustainment determines
appropriate.
(Added Pub. L. 118–159, div. A, title VIII, § 832(a),
Dec. 23, 2024, 138 Stat. 1984.)
Editorial Notes
REFERENCES IN TEXT
The date of the enactment of this section, referred to
in subsec. (a), is the date of enactment of Pub. L.
118–159, which was approved Dec. 23, 2024.
Section 834 of the William M. (Mac) Thornberry Na-
tional Defense Authorization Act for Fiscal Year 2021,
referred to in subsec. (b)(4)(B), is section 834 of Pub. L.
116–283, which is set out as a note under section 4571 of
this title.
SUBCHAPTER V—GENERAL MANAGEMENT
PROVISIONS
Sec.
1761.
Management information system.
1762.
Demonstration project relating to certain ac-
quisition personnel management policies
and procedures.
[1763.
Repealed.]
1764.
Authority to establish different minimum re-
quirements.
1765.
Competency development.
1766.
Joint reserve detachment of the Defense In-
novation Unit.
Editorial Notes
AMENDMENTS
2021—Pub. L. 116–283, div. A, title XVIII, § 1878A(b), as
added by Pub. L. 117–81, div. A, title XVII, § 1701(q)(2),
Dec. 27, 2021, 135 Stat. 2149, added item 1766.
Pub. L. 116–283, div. A, title X, § 1081(c)(4), Jan. 1, 2021,
134 Stat. 3873, amended Pub. L. 116–92, § 861(i)(2), effec-
tive as if included therein. See 2019 Amendment note
below.
2019—Pub. L. 116–92, div. A, title VIII, § 861(i)(2), Dec.
20, 2019, 133 Stat. 1519, as amended by Pub. L. 116–283,
div. A, title X, § 1081(c)(4
Source: Supplied 2024 U.S. Code historical extraction · 10 U.S.C. § 1762
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.