5 U.S. Code § 4703 - Demonstration projects
(a) Except as provided in this section, the Office of Personnel Management may, directly or through agreement or contract with one or more agencies and other public and private organizations, conduct and evaluate demonstration projects. Subject to the provisions of this section, the conducting of demonstration projects shall not be limited by any lack of specific authority under this title to take the action contemplated, or by any provision of this title or any rule or regulation prescribed under this title which is inconsistent with the action, including any law or regulation relating to—
(1) the methods of establishing qualification requirements for, recruitment for, and appointment to positions;
(5) the methods of providing incentives to employees, including the provision of group or individual incentive bonuses or pay;
(7) the methods of involving employees, labor organizations, and employee organizations in personnel decisions; and
(b) Before conducting or entering into any agreement or contract to conduct a demonstration project, the Office shall—
(1) develop a plan for such project which identifies—
(B) the types of employees or eligibles, categorized by occupational series, grade, or organizational unit;
(I) a specific description of any aspect of the project for which there is a lack of specific authority; and
(4) provide notification of the proposed project, at least 180 days in advance of the date any project proposed under this section is to take effect—
(c) No demonstration project under this section may provide for a waiver of—
(B) any provision of law implementing any provision of law referred to in section 2302 (b)(1) of this title by—
(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.
(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
(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
(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.
(h) The Office shall provide for an evaluation of the results of each demonstration project and its impact on improving public management.
(i) Upon request of the Director of the Office of Personnel Management, agencies shall cooperate with and assist the Office, to the extent practicable, in any evaluation undertaken under subsection (h) of this section and provide the Office with requested information and reports relating to the conducting of demonstration projects in their respective agencies.
Source(Added Pub. L. 95–454, title VI, § 601(a),Oct. 13, 1978, 92 Stat. 1186.)
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