§293 Authority to Conduct a Demonstration Project Relating to Disciplinary Action

Summary

The Attorney General and the Secretary can each run a trial program, ending no later than 5 years after November 25, 2002, to test whether changing how employees are disciplined will improve personnel management. The trial can only include workers in a “covered entity” (see section 292(a)(2)). The trial does not have to follow chapters 43, 75, or 77 of title 5. The trial must encourage alternative dispute resolution when appropriate and must make sure each covered entity gives a quick, fair, and independent review of actions that would normally fall under section 4303 or subchapter II of chapter 75, except actions in section 7512(5). If a matter described in section 7702(a)(1)(B) has no court-reviewable action within 120 days after a formal appeal or review request, the employee may file a civil suit under the same rules as section 7702(e)(1). Employees who are neither managers nor supervisors and who are in a unit with exclusive union recognition under chapter 71 cannot be in the trial. The Government Accountability Office must report to the House and Senate committees named in the law after the second and fourth years, and the Attorney General or the Secretary must give GAO any needed information.