(a)
(b)
(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.
(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.
(c)
(d)
(e)
(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)
(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)
(h)
Prior Provisions
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.
Provisions similar to those in this section were contained in Pub. L. 104–106, div. D, title XLIII, §4308, Feb. 10, 1996, 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).
Amendments
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 "December 31, 2023" for "December 31, 2020".
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 "December 31, 2020" for "September 30, 2017".
Effective Date of 2016 Amendment
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]."