I
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 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
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
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 (here-
after in this Act referred to as the ‘‘Board’’) has al-
ready 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 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
hardened, communication between the parties is dif-
ficult and often antagonistic, and the parties are not
amenable to open discussion of alternatives to litiga-
tion.
(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 set-
tlement 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 dis-
putes, 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 per-
sonnel 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 work-
load 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 au-
thorize the Board to establish and operate a 3-year pilot
program to determine whether voluntary early interven-
tion 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 ALTER-
NATIVE DISPUTE RESOLUTION PILOT PRO-
GRAM.
(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:
‘‘§ 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 Fed-
eral 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 vari-
ety 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 agen-
cy 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.—Dur-
ing 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, ad-
vise the employee that early intervention ADR is
available from the neutral Board and that the agen-
cy and employee may jointly request it.
‘‘(3) REQUEST.—Any agency and employee may
seek early intervention ADR from the Board by fil-
ing 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 nec-
essary, including waiver of all statutory, regu-
latory, 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 ex-
tension 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 con-
tractors 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 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 section 7513 of this title or for administra-
tive 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 re-
sults, and the resources expended;
‘‘(B) a comprehensive analysis of the effec-
tiveness of the program, including whether it is
cost effective;
‘‘(C) a survey of customer satisfaction; and
‘‘(D) a recommendation regarding the de-
sirability of extending the ADR program be-
yond the prescribed expiration date and any
recommended changes.
‘‘(3) REPORT DATE.—The report shall be sub-
mitted 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 fol-
lowing 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 employ-
ment cost index (ECI) for the second fiscal year
after the enactment of this Act; and $1,000,000 ad-