§ 293. Authority to conduct a demonstration project relating to disciplinary action
(a)
In general
The Attorney General and the Secretary may each, during a period ending not later than 5 years after November 25, 2002, 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.
(c)
Procedures
Under the demonstration project—
(1)
the use of alternative means of dispute resolution (as defined in section
571 of title
5) 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) of such 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, 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) of this section), 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—
(2)
within a unit with respect to which a labor organization is accorded exclusive recognition under chapter
71 of title
5.
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 Government Accountability 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 Government Accountability Office may require to carry out this subsection.