§293 — Title 6 Domestic Security | U.S. Code

Summary

The Attorney General and the Secretary may each run a trial program for up to 5 years after November 25, 2002. The goal is to see if changing how employees are disciplined will make personnel management work better. The trial can only include workers in a "covered entity" (a type of organization defined elsewhere). It can operate outside some usual federal civil-service rules. The program should encourage alternative dispute resolution (like mediation) when it fits. Each covered entity must give quick, fair, and independent reviews of discipline cases that would normally be handled by the usual appeal process, with some exceptions. If no court-reviewable decision is made within 120 days after an appeal or formal review request, the employee may file a civil lawsuit. Workers who are not managers or supervisors and who are in a unit with exclusive union representation are excluded. The Government Accountability Office must report to Congress after the 2nd and 4th years, and officials must give GAO information if asked.

Title 6, §293

Domestic Security — Source: USLM XML via OLRC

(a)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.

(b)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.

(c)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)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)), 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)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.

(f)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.

(g)In this section, the term “covered entity” has the meaning given such term in section 292(a)(2) of this title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2004—Subsec. (f). Pub. L. 108–271 substituted “Government Accountability Office” for “General Accounting Office” in two places.

Statutory Notes and Related Subsidiaries

Change of Name

Committee on Government Reform of House of Representatives changed to Committee on Oversight and Government Reform of House of Representatives by House Resolution No. 6, One Hundred Tenth Congress, Jan. 5, 2007. Committee on Oversight and Government Reform of House of Representatives changed to Committee on Oversight and Reform of House of Representatives by House Resolution No. 6, One Hundred Sixteenth Congress, Jan. 9, 2019. Committee on Oversight and Reform of House of Representatives changed to Committee on Oversight and Accountability of House of Representatives by House Resolution No. 5, One Hundred Eighteenth Congress, Jan. 9, 2023. Committee on Governmental Affairs of Senate changed to Committee on Homeland Security and Governmental Affairs of Senate, effective Jan. 4, 2005, by Senate Resolution No. 445, One Hundred Eighth Congress, Oct. 9, 2004.

§293 Authority to conduct a demonstration project relating to disciplinary action