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






                                                 Union Calendar No. 582
106th CONGRESS
  2d Session
                                H. R. 3312

                      [Report No. 106-994, Part I]

    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

                            October 23, 2000

      Reported from the Committee on the Judiciary with amendments
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                            October 23, 2000

 Referral to the Committee on Government Reform extended for a period 
                 ending not later than October 23, 2000

                            October 23, 2000

    The Committee on Government Reform discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
    [For text of introduced bill, see copy of bill as introduced on 
                           November 10, 1999]

_______________________________________________________________________

                                 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 2000''.

SEC. 2. 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 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, upon the 
        joint request of the parties, to intervene early in a personnel 
        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. The Board can provide 
        neutrals who are already well versed in both ADR techniques and 
        personnel law. The Board handles a diverse workload including 
        removals, suspensions for more than 14 days, and other adverse 
        actions, the resolution of which entails complex legal and 
        factual questions.

SEC. 3. 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 certain personnel disputes. The Board 
        shall provide ADR services, upon joint request of the parties, 
        in matters involving removals, suspensions for more than 14 
        days, other adverse actions under section 7512, and removals 
        and other actions based on unacceptable performance under 
        section 4303.
            ``(2) The Board shall test and evaluate a variety of ADR 
        techniques, which may include--
                    ``(A) mediation conducted by private neutrals, 
                Board staff, or neutrals from appropriate Federal 
                agencies other than the Board;
                    ``(B) mediation through use of neutrals agreed upon 
                by the parties and credentialed under subsection 
                (c)(5); and
                    ``(C) non-binding arbitration.
    ``(b) Early Intervention ADR.--
            ``(1) Authority.--The Board is authorized to establish an 
        early intervention ADR process, which the agency involved and 
        employee may jointly request, after an agency has issued a 
        notice letter of a proposed action to an employee under section 
        4303 or 7513 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 7513--
                    ``(A) advise the employee that early intervention 
                ADR is available from the neutral Board, subject to the 
                standards developed pursuant to subsection (c)(1)(A), 
                and that the agency and employee may jointly request 
                it; and
                    ``(B) provide a description of the program, 
                including the standards developed pursuant to 
                subsection (c)(1)(A).
            ``(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 7513 shall be eligible for 
        early intervention ADR, upon joint request of the parties, 
        unless the Board determines that the matter is not appropriate 
        for the program subject to any applicable collective bargaining 
        agreement established under chapter 71.
            ``(4) Confidentiality and withdrawal.--The consent of an 
        agency or an employee with respect to an early intervention ADR 
        process is confidential and shall not be disclosed in any 
        subsequent proceeding. Either party may withdraw from the ADR 
        process at any time.
            ``(5) Ancillary matter.--In any personnel dispute accepted 
        by the Board for the ADR pilot program authorized by this 
        section, the Board may attempt to resolve any ancillary matter 
        which the Board would be authorized to decide if the personnel 
        action were effected under section 4303 or 7513, including--
                    ``(A) a claim of discrimination as described in 
                section 7702(a)(1)(B);
                    ``(B) a prohibited personnel practice claim as 
                described in section 2302(b); or
                    ``(C) a claim that the agency's action is or would 
                be, if effected, not in accordance with law.
    ``(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 has been requested and 
                is to be used;
                    ``(B) take such actions as may be necessary upon 
                joint request of the parties, 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.--The Board, upon the joint request of the 
        parties, may extend the time period as it finds appropriate.
            ``(3) Advocacy and outreach.--The Board shall conduct 
        briefings and other outreach, on a non-reimbursable basis, 
        aimed at increasing awareness and understanding of the ADR 
        program on the part of the Federal workforce--including 
        executives, managers, and other employees.
            ``(4) Recruitment.--The Chairman of the Board may contract 
        on a reimbursable basis with officials from other Federal 
        agencies and contract with other contractors or temporary staff 
        to carry out the provisions of this section.
            ``(5) Training and credentialling of neutrals.--The Board 
        shall develop a training and credentialing program to ensure 
        that all individuals selected by the Board to serve as program 
        neutrals have a sufficient understanding of the issues that 
        arise before the Board and are sufficiently skilled in the 
        practice of meditation or any other relevant form of ADR.
            ``(6) Regulations.--The Board is authorized to prescribe 
        such regulations as may be necessary to implement the ADR 
        program established by this section.
    ``(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 7513.
            ``(2) Report content.--The report, subject to subsection 
        (b)(4) and section 574, 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 associated resource and time 
                savings (if any), and the effect on the Board's 
                caseload and average case processing time;
                    ``(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.
        The recommendation under subparagraph (D) shall discuss the 
        relationship between the Board's pilot ADR program and those 
        workplace ADR programs conducted by other Federal agencies.
            ``(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 this section, there are authorized 
        to be appropriated such sums as may be necessary for each of 
        the 3 fiscal years beginning after the date of 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.
    (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 alternative 
                            dispute resolution pilot program for 
                            Federal personnel disputes.''.
            Amend the title so as to read: ``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.''.
                                                 Union Calendar No. 582

106th CONGRESS

  2d Session

                               H. R. 3312

                      [Report No. 106-944, Part I]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            October 23, 2000

      Reported from the Committee on the Judiciary with amendments

                            October 23, 2000

 Referral to the Committee on Government Reform extended for a period 
                 ending not later than October 23, 2000

                            October 23, 2000

    The Committee on Government Reform discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed