[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3312 Introduced in House (IH)]







106th CONGRESS
  1st Session
                                H. R. 3312

    To clarify the Administrative Dispute Resolution Act of 1996 to 
 authorize the Merit Systems Protection Board to establish under such 
    Act a 3-year pilot program that will provide a voluntary early 
 intervention alternative dispute resolution process to assist Federal 
   agencies and employees in resolving certain personnel actions and 
                  disputes in administrative programs.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 10, 1999

  Mr. Gekas introduced the following bill; which was referred to the 
    Committee on the Judiciary, and in addition to the Committee on 
 Government Reform, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the juridiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
    To clarify the Administrative Dispute Resolution Act of 1996 to 
 authorize the Merit Systems Protection Board to establish under such 
    Act a 3-year pilot program that will provide a voluntary early 
 intervention alternative dispute resolution process to assist Federal 
   agencies and employees in resolving certain personnel actions and 
                  disputes in administrative programs.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Merit Systems Protection Board 
Administrative Dispute Resolution Act of 1999''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds the following:
            (1) Workplace disputes waste resources of the Federal 
        Government, take up too much time, and deflect managers and 
        employees from their primary job functions.
            (2) The Merit Systems Protection Board (hereafter in this 
        Act referred to as the ``Board'') has already taken steps to 
        encourage agency use of ADR before appeals are filed with the 
        Board, including extending the regulatory time limit for filing 
        appeals when the parties agree to try ADR, but high levels of 
        litigation continue.
            (3) The Board's administrative judges, who decide appeals 
        from personnel actions by Federal agencies, find that by the 
        time cases are formally filed with the Board, the positions of 
        the parties have hardened, communication between the parties is 
        difficult and often antagonistic, and the parties are not 
        amenable to open discussion of alternatives to litigation.
            (4) Early intervention by an outside neutral, after the 
        first notice of a proposed action by an agency or the Board but 
        before an appeal is filed with the Board, will allow the 
        parties to explore settlement outside the adversarial context. 
        However, without the encouragement of a neutral provided 
        without cost, agencies are reluctant to support an early 
        intervention ADR program.
            (5) A short-term pilot program allowing the Board to 
        intervene early in a personnel dispute or administrative 
        program dispute is an effective means to test whether ADR at 
        that stage can resolve disputes, limit appeals to the Board, 
        and reduce time and money expended in such matters.
            (6) The Board is well equipped to conduct a voluntary early 
        intervention pilot program testing the efficacy of ADR at the 
        initial stages of a personnel dispute or administrative action 
        dispute. The Board can provide neutrals who are already well 
        versed in both ADR techniques and personnel law. Board 
        administrative judges handle a diverse workload including 
        removals, suspensions for more than 14 days, and other adverse 
        actions, and in the course of litigation have to resolve 
        complex legal and factual questions.
    (c) Purposes.--It is the purpose of this Act to authorize the Board 
to establish and operate a 3-year pilot program to determine whether 
voluntary early intervention ADR is an effective means to limit 
litigation, and, 180 days before the expiration of the 3-year period, 
the Board shall file a comprehensive report with the President and 
Congress, including a recommendation as to whether the program should 
be made permanent.

SEC. 2. MERIT SYSTEMS PROTECTION BOARD ALTERNATIVE DISPUTE RESOLUTION 
              PILOT PROGRAM.

    (a) Amendment to Chapter 5 of Title 5.--Chapter 5 of title 5, 
United States Code, is amended by adding immediately after section 584 
the following:
``Sec. 585. Establishment of voluntary early intervention alternative 
              dispute resolution pilot program for Federal personnel 
              disputes
    ``(a) In General.--
            ``(1) The Board is authorized under section 572 to 
        establish a 3-year pilot program to provide Federal employees 
        and agencies with voluntary early intervention alternative 
        dispute resolution (in this section referred to as ``ADR'') 
        processes to apply to personnel disputes and disputes in 
        administrative programs under the Board. In the case of 
        personnel disputes, the Board shall provide ADR services in 
        matters involving removals, suspensions for more than 14 days, 
        other adverse actions under section 7512 of this title, and 
        removals and other actions based on unacceptable performance 
        under section 4303 of this title.
            ``(2) The Board shall test and evaluate a variety of ADR 
        techniques, which may include--
                    ``(A) settlement judges or attorneys;
                    ``(B) mediation through use of shared neutrals;
                    ``(C) mediation by Board staff or others as 
                appointed by the Chairman;
                    ``(D) administrative arbitration; and
                    ``(E) certified ADR counselors (agency personnel 
                specifically trained in Board law and ADR techniques).
    ``(b) Early Intervention ADR.--
            ``(1) Authority.--The Board is authorized to establish an 
        early intervention ADR process, which may be invoked by the 
        Board at any time in the case of a dispute under a Board 
        administrative program and in the case of personnel disputes, 
        after an agency has issued a notice letter of a proposed action 
        to an employee under section 4303 or section 7513 of this title 
but before an appeal is filed with the Board.
            ``(2) Notice in personnel disputes.--During the term of the 
        pilot program, an agency shall, in the notice letter of a 
        proposed personnel action under section 4303 or section 7513 of 
        this title, advise the employee that early intervention ADR is 
        available from the neutral Board and that the agency and 
        employee may jointly request it.
            ``(3) Request.--Any agency and employee may seek early 
        intervention ADR from the Board by filing a joint request with 
        the Board pursuant to the program standards adopted under 
        subsection (c)(1)(A). All personnel dispute matters appealable 
        to the Board under section 4303 or section 7513 of this title 
        shall be subject to early intervention ADR unless the Board 
        determines that the matter is not appropriate for the program.
    ``(c) Implementation.--
            ``(1) Program duties.--In carrying out the program under 
        this section, the Board shall--
                    ``(A) develop and prescribe standards for selecting 
                and handling cases in which ADR is to be used;
                    ``(B) take such actions as may be necessary, 
                including waiver of all statutory, regulatory, or Board 
                imposed adjudicatory time frames; and
                    ``(C) establish a time target within which it 
                intends to complete the ADR process.
            ``(2) Extension.--A party may request an extension of the 
        ADR period, or the Board may extend the time period as it finds 
        appropriate.
            ``(3) Recruitment.--The Chairman of the Board may recruit 
        and hire temporary staff or contractors to carry out the 
        provisions of this section.
            ``(4) Regulations.--The Board is authorized to prescribe 
        such regulations as may be necessary to implement the ADR 
        program.
    ``(d) Evaluation.--
            ``(1) Criteria.--The Board's Office of Policy and 
        Evaluation shall establish criteria for evaluating the ADR 
        pilot program and prepare a report containing findings and 
        recommendations as to whether voluntary early intervention ADR 
        is desirable, effective, and appropriate for cases subject to 
        section 4303 or section 7513 of this title or for 
        administrative programs under the Board.
            ``(2) Report content.--The report shall include--
                    ``(A) the number of cases subject to the ADR 
                program, the agencies involved, the results, and the 
                resources expended;
                    ``(B) a comprehensive analysis of the effectiveness 
                of the program, including whether it is cost effective;
                    ``(C) a survey of customer satisfaction; and
                    ``(D) a recommendation regarding the desirability 
                of extending the ADR program beyond the prescribed 
                expiration date and any recommended changes.
            ``(3) Report date.--The report shall be submitted to the 
        President and the Congress 180 days before the close of the ADR 
        pilot program.''.
    (b) Appropriations.--
            (1) In general.--For the purpose of carrying out the ADR 
        pilot program established by subsection (a), there are 
        authorized to be appropriated the following sums: $1,000,000 
        for the first fiscal year after the enactment of this Act; 
        $1,000,000 adjusted by the most recent percentage change in the 
        employment cost index (ECI) for the second fiscal year after 
        the enactment of this Act; and $1,000,000 adjusted by the most 
        recent percentage change in the ECI for the third fiscal year 
        after the enactment of this Act.
            (2) No reductions.--The authorization of appropriations by 
        paragraph (1) shall not have the effect of reducing any funds 
        appropriated for the Board for the purpose of carrying out its 
        statutory mission under section 1204 of this title.
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect no later than the close of the 60th day after the enactment 
of appropriations authorized by subsection (b)(1) and shall remain in 
effect for 3 years from the effective date.
    (d) Conforming Amendment.--The table of sections for subchapter IV 
of chapter 5 of title 5, United States Code, is amended by adding after 
the item relating to section 584 the following new item:

``585. Establishment of voluntary early intervention ADR pilot program 
                            for Federal personnel disputes.''.
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