A bill to amend subchapter IV of chapter 5 of title 5, United States Code, relating to alternative means of dispute resolution in the administrative process, and for other purposes.
Administrative Dispute Resolution Act of 1995 - Amends the Administrative Dispute Resolution Act (ADRA) and other Federal law with regard to alternative means of dispute resolution (ADR) in the administrative process.
(Sec. 2) Includes the use of ombuds and binding or nonbinding arbitration among ADR procedures, but excludes settlement negotiations. Repeals the current exclusion and permits parties to use ADR to resolve certain Federal employee-related disputes involving such matters as retirement, life or health insurance, and suspension or removal from duty, as well as prohibited personnel practices.
(Sec. 3) Repeals the availability exemption to confidentiality, thus subjecting dispute resolution communications to the disclosure prohibition, even though they would be provided or available to all parties to the dispute resolution proceeding. Limits applicability of confidentiality requirements only to communications involved in the proceeding, and no longer, also, to any information concerning such communications. Provides that a dispute resolution communication generated by or provided to an agency or neutral which may not be disclosed under such provisions is exempt from disclosure under the Freedom of Information Act.
(Sec. 4) Makes certain amendments under ADRA and the Labor Management Relations Act, 1947 to reflect the closure of the Administrative Conference of the United States (ACUS).
(Sec. 5) Authorizes a Federal agency to use the services and facilities of State, local, and tribal governments for ADR purposes.
(Sec. 6) Amends the Contract Disputes Act of 1978 to: (1) require contractors using ADR procedures to resolve a claim against the Federal Government to comply with the same certification procedures applicable to any other claim subject to such Act; and (2) repeal its termination date.
(Sec. 7) Provides for expedited hiring of neutrals in civilian and defense agency contracts for use in any part of an ADR process.
Amends ADR law on neutrals to: (1) repeal requirements for the Government to establish professional standards for neutrals and maintain a roster of qualified neutrals; and (2) require the Federal Mediation and Conciliation Service (taking over from ACUS) to encourage and facilitate agency use of ADR and develop procedures that permit agencies to obtain the services of neutrals on an expedited basis.
(Sec. 8) Revises ADRA and other ADR law, with regard to judicial review of arbitration awards, to repeal the authority of Federal agency heads to vacate unilaterally any award issued pursuant to an arbitration proceeding.
(Sec. 9) Amends ADRA to repeal its termination date and provide for permanent authorization.
(Sec. 10) Authorizes appropriations.
For Further Action See H.R.4194.
Became Public Law No: 104-320.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S12960)
Read twice and referred to the Committee on Governmental Affairs.
Subcommittee on Oversight of Government Management. Hearings held.
Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Governmental Affairs. Reported to Senate by Senator Stevens with an amendment in the nature of a substitute. With written report No. 104-245.
Committee on Governmental Affairs. Reported to Senate by Senator Stevens with an amendment in the nature of a substitute. With written report No. 104-245.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 350.
Measure laid before Senate by unanimous consent. (consideration: CR S6155-6162)
The committee substitute as amended agreed to by Unanimous Consent.
Senate incorporated this measure in H.R. 2977 as an amendment.
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Senate passed companion measure H.R. 2977 in lieu of this measure by Unanimous Consent.
Returned to the Calendar. Calendar No. 350. (consideration: CR S6162)