Title 10Armed ForcesRelease 119-73

§1762 Demonstration project relating to certain acquisition personnel management policies and procedures

Title 10 › Subtitle Subtitle A— - General Military Law › Part PART II— - PERSONNEL › Chapter CHAPTER 87— - DEFENSE ACQUISITION WORKFORCE › Subchapter SUBCHAPTER V— - GENERAL MANAGEMENT PROVISIONS › § 1762

Last updated Apr 6, 2026|Official source

Summary

Allows the Secretary of Defense to run a time-limited trial to test new ways of managing people who work on defense acquisitions and the staff who work with them. The trial must follow most rules that apply to other federal demonstration projects, but the Secretary can use certain faster timelines (120 days instead of 180, 30 days instead of 90, and one specific rule ignored) when each participating team has at least one-third acquisition workers and at least two-thirds acquisition workers plus direct support staff, and the trial started before October 1, 2007. The Secretary will act in place of the Office of Personnel Management for this project. No more than 130,000 people may take part at any one time. If an organization later changes in ways like reorganizing, it won’t lose the special timing just because it no longer meets the original participation mix. An independent group must do two reviews of the project. Each review must describe who was in the project and how hiring, performance reviews, fairness, training, career effects, diversity safeguards, employee input, mission benefit, and any problems were handled. The first review was due by September 30, 2012, and the second by September 30, 2016; each review must be given to the listed congressional committees within 30 days after the Secretary gets it. The authority to run the trial ends on December 31, 2031, and within six months after that, project employees must move into the civilian personnel system created under title 5, section 9902. The listed congressional committees are the Senate and House Armed Services Committees, the Senate Homeland Security and Governmental Affairs Committee, and the House Oversight and Government Reform Committee.

Full Legal Text

Title 10, §1762

Armed Forces — Source: USLM XML via OLRC

(a)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)(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.
(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)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)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)(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)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)The authority to conduct a demonstration project under this section shall terminate on December 31, 2031.
(h)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

Notes & Related Subsidiaries

Editorial Notes

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

2024—Subsec. (g). Pub. L. 118–159 substituted “
December 31, 2031” for “
December 31, 2026”. 2021—Subsec. (g). Pub. L. 117–81 substituted “
December 31, 2026” for “
December 31, 2023”. 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”.

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, Jan. 9, 2019. 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, Jan. 9, 2023.

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].”

Reference

Citations & Metadata

Citation

10 U.S.C. § 1762

Title 10Armed Forces

Last Updated

Apr 6, 2026

Release point: 119-73