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5 USC CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND

DEMONSTRATION PROJECTS 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

.

-HEAD-

CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

-MISC1-

Sec.

4701. Definitions.

4702. Research programs.

4703. Demonstration projects.

4704. Allocation of funds.

4705. Regulations.

(4706. Renumbered.)

AMENDMENTS

1998 - Pub. L. 105-362, title XIII, Sec. 1302(b)(2)(B)(ii), Nov.

10, 1998, 112 Stat. 3293, added item 4705 and struck out former

items 4705 ''Reports'' and 4706 ''Regulations''.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 1103, 4801, 9507, 9701 of

this title.

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5 USC Sec. 4701 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

-HEAD-

Sec. 4701. Definitions

-STATUTE-

(a) For the purpose of this chapter -

(1) ''agency'' means an Executive agency and the Government

Printing Office, but does not include -

(A) a Government corporation;

(B) the Federal Bureau of Investigation, the Central

Intelligence Agency, the Defense Intelligence Agency, the

National Imagery and Mapping Agency, the National Security

Agency, and, as determined by the President, any Executive

agency or unit thereof which is designated by the President and

which has as its principal function the conduct of foreign

intelligence or counterintelligence activities; or

(C) the General Accounting Office;

(2) ''employee'' means an individual employed in or under an

agency;

(3) ''eligible'' means an individual who has qualified for

appointment in an agency and whose name has been entered on the

appropriate register or list of eligibles;

(4) ''demonstration project'' means a project conducted by the

Office of Personnel Management, or under its supervision, to

determine whether a specified change in personnel management

policies or procedures would result in improved Federal personnel

management; and

(5) ''research program'' means a planned study of the manner in

which public management policies and systems are operating, the

effects of those policies and systems, the possibilities for

change, and comparisons among policies and systems.

(b) This chapter shall not apply to any position in the Drug

Enforcement Administration which is excluded from the competitive

service under section 201 of the Crime Control Act of 1976 (28

U.S.C. 509 note; 90 Stat. 2425).

-SOURCE-

(Added Pub. L. 95-454, title VI, Sec. 601(a), Oct. 13, 1978, 92

Stat. 1185; amended Pub. L. 96-54, Sec. 2(a)(21), Aug. 14, 1979, 93

Stat. 382; Pub. L. 101-474, Sec. 5(g), Oct. 30, 1990, 104 Stat.

1100; Pub. L. 103-359, title V, Sec. 501(f), Oct. 14, 1994, 108

Stat. 3429; Pub. L. 104-201, div. A, title XI, Sec. 1122(a)(1),

Sept. 23, 1996, 110 Stat. 2687.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(1)(B). Pub. L. 104-201 substituted ''National

Imagery and Mapping Agency'' for ''Central Imagery Office''.

1994 - Subsec. (a)(1)(B). Pub. L. 103-359 inserted ''the Central

Imagery Office,'' after ''Defense Intelligence Agency,''.

1990 - Subsec. (a)(1). Pub. L. 101-474 struck out '', the

Administrative Office of the United States Courts,'' after ''means

an Executive agency''.

1979 - Subsec. (b). Pub. L. 96-54 substituted ''chapter'' for

''subchapter'' and ''28 U.S.C. 509'' for ''5 U.S.C. 5108''.

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-201 effective Oct. 1, 1996, see section

1124 of Pub. L. 104-201, set out as a note under section 193 of

Title 10, Armed Forces.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-54 effective July 12, 1979, see section

2(b) of Pub. L. 96-54, set out as a note under section 305 of this

title.

EFFECTIVE DATE

Chapter effective 90 days after Oct. 13, 1978, see section 907 of

Pub. L. 95-454, set out as an Effective Date of 1978 Amendment note

under section 1101 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 9507 of this title.

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5 USC Sec. 4702 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

-HEAD-

Sec. 4702. Research programs

-STATUTE-

The Office of Personnel Management shall -

(1) establish and maintain (and assist in the establishment and

maintenance of) research programs to study improved methods and

technologies in Federal personnel management;

(2) evaluate the research programs established under paragraph

(1) of this section;

(3) establish and maintain a program for the collection and

public dissemination of information relating to personnel

management research and for encouraging and facilitating the

exchange of information among interested persons and entities;

and

(4) carry out the preceding functions directly or through

agreement or contract.

-SOURCE-

(Added Pub. L. 95-454, title VI, Sec. 601(a), Oct. 13, 1978, 92

Stat. 1185.)

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5 USC Sec. 4703 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

-HEAD-

Sec. 4703. Demonstration projects

-STATUTE-

(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;

(2) the methods of classifying positions and compensating

employees;

(3) the methods of assigning, reassigning, or promoting

employees;

(4) the methods of disciplining employees;

(5) the methods of providing incentives to employees, including

the provision of group or individual incentive bonuses or pay;

(6) the hours of work per day or per week;

(7) the methods of involving employees, labor organizations,

and employee organizations in personnel decisions; and

(8) the methods of reducing overall agency staff and grade

levels.

(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 -

(A) the purposes of the project;

(B) the types of employees or eligibles, categorized by

occupational series, grade, or organizational unit;

(C) the number of employees or eligibles to be included, in

the aggregate and by category;

(D) the methodology;

(E) the duration;

(F) the training to be provided;

(G) the anticipated costs;

(H) the methodology and criteria for evaluation;

(I) a specific description of any aspect of the project for

which there is a lack of specific authority; and

(J) a specific citation to any provision of law, rule, or

regulation which, if not waived under this section, would

prohibit the conducting of the project, or any part of the

project as proposed;

(2) publish the plan in the Federal Register;

(3) submit the plan so published to public hearing;

(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 -

(A) to employees who are likely to be affected by the

project; and

(B) to each House of the Congress;

(5) obtain approval from each agency involved of the final

version of the plan; and

(6) provide each House of the Congress with a report at least

90 days in advance of the date the project is to take effect

setting forth the final version of the plan as so approved.

(c) No demonstration project under this section may provide for a

waiver of -

(1) any provision of chapter 63 or subpart G of this title;

(2)(A) any provision of law referred to in section 2302(b)(1)

of this title; or

(B) any provision of law implementing any provision of law

referred to in section 2302(b)(1) of this title by -

(i) providing for equal employment opportunity through

affirmative action; or

(ii) providing any right or remedy available to any employee

or applicant for employment in the civil service;

(3) any provision of chapter 15 or subchapter III of chapter 73

of this title;

(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.

(d)(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

(B) terminate before the end of the 5-year period beginning on

the date on which the project takes effect, except that the

project may continue beyond the date to the extent necessary to

validate the results of the project.

(2) Not more than 10 active demonstration projects may be in

effect at any time.

(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

(2) if the project is not covered by such a collective

bargaining agreement, until there has been consultation or

negotiation, as appropriate, by the agency with the labor

organization.

(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, Sec. 601(a), Oct. 13, 1978, 92

Stat. 1186.)

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AUTHORITY OF EXPORT-IMPORT BANK TO CONDUCT DEMONSTRATION PROGRAM

Pub. L. 104-97, Sec. 2, Jan. 11, 1996, 109 Stat. 984, provided

that: ''Notwithstanding section 4701(a)(1)(A) of title 5, United

States Code, the Export-Import Bank of the United States may

conduct a demonstration project in accordance with section 4703 of

such title.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 5392, 9507 of this title.

-CITE-

5 USC Sec. 4704 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

-HEAD-

Sec. 4704. Allocation of funds

-STATUTE-

Funds appropriated to the Office of Personnel Management for the

purpose of this chapter may be allocated by the Office to any

agency conducting demonstration projects or assisting the Office in

conducting such projects. Funds so allocated shall remain

available for such period as may be specified in appropriation

Acts. No contract shall be entered into under this chapter unless

the contract has been provided for in advance in appropriation

Acts.

-SOURCE-

(Added Pub. L. 95-454, title VI, Sec. 601(a), Oct. 13, 1978, 92

Stat. 1188.)

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5 USC Sec. 4705 01/06/03

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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

-HEAD-

Sec. 4705. Regulations

-STATUTE-

The Office of Personnel Management shall prescribe regulations to

carry out the purpose of this chapter.

-SOURCE-

(Added Pub. L. 95-454, title VI, Sec. 601(a), Oct. 13, 1978, 92

Stat. 1188, Sec. 4706; renumbered Sec. 4705, Pub. L. 105-362, title

XIII, Sec. 1302(b)(2)(B)(i), Nov. 10, 1998, 112 Stat. 3293.)

-MISC1-

PRIOR PROVISIONS

A prior section 4705, added Pub. L. 95-454, title VI, Sec.

601(a), Oct. 13, 1978, 92 Stat. 1188, required annual report on

research programs and demonstration projects, prior to repeal by

Pub. L. 105-362, title XIII, Sec. 1302(b)(2)(B)(i), Nov. 10, 1998,

112 Stat. 3293.

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5 USC Sec. 4706 01/06/03

-EXPCITE-

TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES

PART III - EMPLOYEES

Subpart C - Employee Performance

CHAPTER 47 - PERSONNEL RESEARCH PROGRAMS AND DEMONSTRATION PROJECTS

-HEAD-

(Sec. 4706. Renumbered Sec. 4705)

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