Page:United States Statutes at Large Volume 124.djvu/2895

 124 STAT. 2869 PUBLIC LAW 111–275—OCT. 13, 2010 (1) IN GENERAL.—Under the demonstration project, the Sec- retary— (A) shall refer to the Office of Special Counsel all claims described in paragraph (2) made during the period of the demonstration project; and (B) may refer any claim described in paragraph (2) filed before the demonstration project that is pending before the Secretary at the beginning of the demonstration project. (2) CLAIMS DESCRIBED.—A claim described in this para- graph is a claim under chapter 43 of title 38, United States Code, against a Federal executive agency by a claimant with a social security account number with an odd number as its terminal digit or, in the case of a claim that does not contain a social security account number, a case number assigned to the claim with an odd number as its terminal digit. (d) ADMINISTRATION OF DEMONSTRATION PROJECT.— (1) IN GENERAL.—The Office of Special Counsel shall admin- ister the demonstration project. The Secretary shall cooperate with the Office of Special Counsel in carrying out the dem- onstration project. (2) TREATMENT OF CERTAIN TERMS IN CHAPTER 43 OF TITLE 38, UNITED STATES CODE.—In the case of any claim referred to, or otherwise received by, the Office of Special Counsel under the demonstration project, any reference to the ‘‘Sec- retary’’ in sections 4321, 4322, and 4326 of title 38, United States Code, is deemed to be a reference to the ‘‘Office of Special Counsel’’. (3) ADMINISTRATIVE JURISDICTION.—In the case of any claim referred to, or otherwise received by, the Office of Special Counsel under the demonstration project, the Office of Special Counsel shall retain administrative jurisdiction over the claim. (e) DATA COMPARABILITY FOR REVIEWING AGENCY PERFORM- ANCE.— (1) IN GENERAL.—To facilitate the review of the relative performance of the Office of Special Counsel and the Depart- ment of Labor during the demonstration project, the Office of Special Counsel and the Department of Labor shall jointly establish methods and procedures to be used by both the Office and the Department during the demonstration project. Such methods and procedures shall include each of the following: (A) Definitions of performance measures, including— (i) customer satisfaction; (ii) cost (such as, but not limited to, average cost per claim); (iii) timeliness (such as, but not limited to, average processing time, case age); (iv) capacity (such as, but not limited to, staffing levels, education, grade level, training received, case- load); and (v) case outcomes. (B) Definitions of case outcomes. (C) Data collection methods and timing of collection. (D) Data quality assurance processes. (2) JOINT REPORT TO CONGRESS.—Not later than 90 days after the date of the enactment of this Act, the Special Counsel Procedures.