10 U.S. Code § 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)—
(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
(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.
(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:
(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.
(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
(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.
(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—
(g) Termination of Authority.— The authority to conduct a demonstration program under this section shall terminate on September 30, 2017.
Source(Added Pub. L. 111–383, div. A, title VIII, § 872(a)(1),Jan. 7, 2011, 124 Stat. 4300.)
A prior section 1762, added Pub. L. 101–510, div. A, title XII, § 1202(a),Nov. 5, 1990, 104 Stat. 1654; amended Pub. L. 103–160, div. A, title IX, § 904(d)(1),Nov. 30, 1993, 107 Stat. 1728; Pub. L. 106–65, div. A, title IX, § 911(a)(1),Oct. 5, 1999, 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),Dec. 28, 2001, 115 Stat. 1227.
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