Page:United States Statutes at Large Volume 92 Part 1.djvu/1241

 PUBLIC LAW 95-454—OCT. 13, 1978

92 STAT. 1187

" (6) provide each House of the Congress with a report at least Report to,.,!,, 90 days m advance of the date the project is to take effect setting Congress, forth the final version of the plan as so approved. " (c) No demonstration project under this section may provide for a waiver of— "(1) any provision of chapter 63 or subpart G of this title; 5 USC 6301 ^ " (2)(A) any provision of law referred to in section 2302(b)(1) e« seq., 8101. of this title; or _ Ante, ^. l\\4>. "(B) any provision of law implementing any provision of law referred to in section 2302(b)(1) of this title by— "(i) providing for equal employment opportunity through ""' affirmative action; or "(ii) providing any right or remedy available to any employee or applicant for employment in the civil service; "(3) any provision of chapter 15 or subchapter III of chapter 5 USC 1501 73 of this title;

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"(4) any rule or regulation prescribed under any provision of law referred to in paragraph (1), (2), or (3) of this subsection; or " (5) any provision of chapter 23 of this title, or any rule or regulation prescribed under this title, if such waiver is inconsistent with any merit system principle or any provision thereof relating to prohibited personnel practices. "(d)(1) Each demonstration project shall— "(A) involve not more than 5,000 individuals other than individuals in any control groups necessary to validate the results of the project; and "(B) terminate before the end of the 5-year period beginning on the date on which the project takes effect, except that the project may continue beyond the date to the extent necessary to validate the results of the project. "(2) Not more than 10 active demonstration projects may be in effect at any time. "(e) Subject to the terms of any written agreement or contract between the Office and an agency, a demonstration project involving the agency may be terminated by the Office, or the agency, if either determines that the project creates a substantial hardship on, or is not in the best interests of, the public, the Federal Government, employees, or eligibles. "(f) Employees within a unit with respect to which a labor organization is accorded exclusive recognition under chapter 71 of this title shall not be included within any project under subsection (a) of this section— "(1) if the project would violate a collective bargaining agreement (as defined in section 7103(8) of this title) between the agency and the labor organization, unless there is another written agreement with respect to the project between the agency and the organization permitting the inclusion; or (2) if the project is not covered by such a collective bargaining agreement, until there has been cx>nsultation or negotiation, as appropriate, by the agency with the labor organization. "(g) Employees within any unit with respect to which a labor organization has not been accorded exclusive recognition under Chapter 71 of this title shall not be included within any project under subsection (a) of this section unless there has been agency consultation regarding the project with the employees in the unit.

et seq.

5 USC 7321. Ante, p. 1113. ,,

Termination,

Post, p. 1191.

Post, p. 1192.

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