IB
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 adminis-
trative 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 Re-
form, 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 Com-
mittee 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 es-
tablish under such Act a 3-year pilot program that will
provide a voluntary early intervention alternative dispute
resolution process to assist Federal agencies and employ-
ees in resolving certain personnel actions and disputes
in administrative programs.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Merit Systems Protec-
tion 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 de-
flect managers and employees from their primary job
functions.
(2) The Merit Systems Protection Board (here-
after in this Act referred to as the ‘‘Board’’) has al-
ready taken steps to encourage agency use of ADR be-
fore appeals are filed with the Board, including ex-
tending 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 de-
cide appeals from personnel actions by Federal agen-
cies, find that by the time cases are formally filed
with the Board, the positions of the parties have hard-
ened, communication between the parties is difficult
and often antagonistic, and the parties are not ame-
nable to open discussion of alternatives to litigation.
(4) Early intervention by an outside neutral,
after the first notice of a proposed action by an agen-
cy but before an appeal is filed with the Board, will
allow the parties to explore settlement outside the ad-
versarial context. However, without the encourage-
ment of a neutral provided without cost, agencies are
reluctant to support an early intervention ADR pro-
gram.
(5) A short-term pilot program allowing the
Board, upon the joint request of the parties, to inter-
vene 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 vol-
untary early intervention pilot program testing the
efficacy of ADR at the initial stages of a personnel
dispute. The Board can provide neutrals who are al-
ready well versed in both ADR techniques and per-
sonnel law. The Board handles a diverse workload in-
cluding removals, suspensions for more than 14 days,
and other adverse actions, the resolution of which en-
tails 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 im-
mediately after section 584 the following:
‘‘§ 585. Establishment of voluntary early intervention
alternative dispute resolution pilot pro-
gram 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 inter-
vention 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 per-
formance 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 appro-
priate 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 re-
quest, 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 sec-
tion 4303 or 7513—
‘‘(A) advise the employee that early inter-
vention ADR is available from the neutral
Board, subject to the standards developed pursu-
ant 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 pro-
gram 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 pro-
ceeding. Either party may withdraw from the ADR
process at any time.
‘‘(5) ANCILLARY MATTER.—In any personnel dis-
pute accepted by the Board for the ADR pilot pro-
gram authorized by this section, the Board may at-
tempt 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 se-
lecting 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 waiv-
er 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 re-
quest 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, man-
agers, and other employees.
‘‘(4) RECRUITMENT.—The Chairman of the
Board may contract on a reimbursable basis with of-
ficials 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 im-
plement 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 con-
taining findings and recommendations as to whether
voluntary early intervention ADR is desirable, effec-
tive, 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 effec-
tiveness of the program, including associated re-
source and time savings (if any), and the effect
on the Board’s caseload and average case proc-
essing time;
‘‘(C) a survey of customer satisfaction; and
‘‘(D) a recommendation regarding the desir-
ability of extending the ADR program beyond
the prescribed expiration date and any rec-
ommended 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 sub-
mitted to the President and the Congress 180 days be-
fore 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 sec-
tion, 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 ap-
propriations by paragraph (1) shall not have the ef-
fect 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 sub-
section (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 author-
ize the Merit Systems Protection Board to establish
under such Act a 3-year pilot program that will provide
a voluntary early intervention alternative dispute resolu-
tion process to assist Federal agencies and employees in
resolving certain personnel actions.’’.