Page:United States Statutes at Large Volume 116 Part 3.djvu/616

 116 STAT. 2208 PUBLIC LAW 107-296—NOV. 25, 2002 voluntary separations under this section to make other positions available to more critical locations or more critical occupations. 6 USC 293. SEC. 473. AUTHORITY TO CONDUCT A DEMONSTRATION PROJECT RELATING TO DISCIPLINARY ACTION. Deadline. (a) IN GENERAL.— The Attorney General and the Secretary may each, during a period ending not later than 5 years after the date of the enactment of this Act, conduct a demonstration project for the purpose of determining whether one or more changes in the policies or procedures relating to methods for disciplining employees would result in improved personnel management. (b) SCOPE.— ^A demonstration project under this section— (1) may not cover any employees apart from those employed in or under a covered entity; and (2) shall not be limited by any provision of chapter 43, 75, or 77 of title 5, United States Code. (c) PROCEDURES.— Under the demonstration project— (1) the use of alternative means of dispute resolution (as defined in section 571 of title 5, United States Code) shall be encouraged, whenever appropriate; and (2) each covered entity under the jurisdiction of the official conducting the project shall be required to provide for the expeditious, fair, and independent review of any action to which section 4303 or subchapter II of chapter 75 of such title 5 would otherwise apply (except an action described in section 7512(5) ofsuch title 5). (d) ACTIONS INVOLVING DISCRIMINATION. —Notwithstanding any other provision of this section, if, in the case of any matter described in section 7702(a)(1)(B) of title 5, United States Code, there is no judicially reviewable action under the demonstration project within 120 days after the filing of an appeal or other formal request for review (referred to in subsection (c)(2)), an employee shall be entitled to file a civil action to the same extent and in the same manner as provided in section 7702(e)(1) of such title 5 (in the matter following subparagraph (C) thereof). (e) CERTAIN EMPLOYEES. —Employees shall not be included within any project under this section if such employees are— (1) neither managers nor supervisors; and (2) within a unit with respect to which a labor organization is accorded exclusive recognition under chapter 71 of title 5, United States Code. Notwithstanding the preceding sentence, an aggrieved employee within a unit (referred to in paragraph (2)) may elect to participate in a complaint procedure developed under the demonstration project in lieu of any negotiated grievance procedure and any statutory procedure (as such term is used in section 7121 of such title 5). (f) REPORTS. —The General Accounting Office shall prepare and submit to the Committees on Government Reform and the Judiciary of the House of Representatives and the Committees on Governmental Affairs and the Judiciary of the Senate periodic reports on any demonstration project conducted under this section, such reports to be submitted after the second and fourth years of its operation. Upon request, the Attorney General or the Secretary shall furnish such information as the General Accounting Office may require to carry out this subsection.

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