6 U.S.C. § 293 — Authority to conduct a demonstration project relating to disciplinary action

(a) In general: The Attorney General and the Secretary can each run a "demonstration project" — a trial program — testing changes to the policies or procedures for disciplining employees. The purpose is to find out whether such changes would improve personnel management. Each project must end no later than 5 years after November 25, 2002. (b) Scope: A demonstration project under this section: (1) cannot cover any employees except those employed in or under a "covered entity"; and (2) is not limited by any provision of chapter 43, 75, or 77 of title 5 (the usual civil service rules on performance, adverse actions, and appeals). (c) Procedures: Under the demonstration project: (1) the use of alternative means of dispute resolution (as defined in section 571 of title 5 — things like mediation) must be encouraged whenever appropriate; and (2) each covered entity under the jurisdiction of the official running the project must provide expeditious, fair, and independent review of any action that section 4303 or subchapter II of chapter 75 of title 5 would otherwise cover — except an action described in section 7512(5) of title 5. (d) Actions involving discrimination: Despite anything else in this section, if a matter described in section 7702(a)(1)(B) of title 5 (a discrimination-related matter) has no judicially reviewable decision under the demonstration project within 120 days after the employee files an appeal or other formal request for review (referred to in subsection (c)(2)), the employee is entitled to file a civil action — to the same extent and in the same way as provided in section 7702(e)(1) of title 5. (e) Certain employees: Employees are not included in any project under this section if they are (1) neither managers nor supervisors, and (2) within a unit where a labor organization has been given exclusive recognition under chapter 71 of title 5. Even so, an aggrieved employee within such a unit may choose to use a complaint procedure developed under the demonstration project instead of a negotiated grievance procedure or a statutory procedure (as that term is used in section 7121 of title 5). (f) Reports: The Government Accountability Office must prepare and submit periodic reports on any demonstration project under this section to the House Committees on Government Reform and the Judiciary, and the Senate Committees on Governmental Affairs and the Judiciary. These reports must be submitted after the project's second and fourth years of operation. On request, the Attorney General or the Secretary must furnish GAO with information it needs to carry out this reporting. (g) Definition: In this section, "covered entity" has the meaning given to that term in section 292(a)(2) of this title.