[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2977 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                                                         June 12, 1996.
      Resolved, That the bill from the House of Representatives (H.R. 
2977) entitled ``An Act to reauthorize alternative means of dispute 
resolution in the Federal administrative process, and for other 
purposes.'', do pass with the following

                              AMENDMENTS:

            Strike out all after the enacting clause and insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Administrative Dispute Resolution 
Act of 1995''.

SEC. 2. AMENDMENT TO DEFINITIONS.

    Section 571 of title 5, United States Code, is amended--
            (1) in paragraph (3)--
                    (A) by striking out ``settlement negotiations,''; 
                and
                    (B) by striking out ``and arbitration'' and 
                inserting in lieu thereof ``use of ombuds, and binding 
                or nonbinding arbitration,''; and
            (2) in paragraph (8)--
                    (A) in subparagraph (B) by striking out 
                ``decision,'' and inserting in lieu thereof 
                ``decision.''; and
                    (B) by striking out the matter following 
                subparagraph (B).

SEC. 3. AMENDMENTS TO CONFIDENTIALITY PROVISIONS.

    (a) Termination of Availability Exemption to Confidentiality.--
Section 574(b) of title 5, United States Code, is amended--
            (1) in paragraph (5) by adding ``or'' at the end thereof;
            (2) in paragraph (6) by striking out ``; or'' and inserting 
        in lieu thereof a period; and
            (3) by striking out paragraph (7).
    (b) Limitation of Confidentiality Application to Communication.--
Section 574 of title 5, United States Code, is amended--
            (1) in subsection (a) in the matter before paragraph (1) by 
        striking out ``any information concerning''; and
            (2) in subsection (b) in the matter before paragraph (1) by 
        striking out ``any information concerning''.
    (c) Alternative Confidentiality Procedures.--Section 574(d) of 
title 5, United States Code, is amended--
            (1) by inserting ``(1)'' after ``(d)''; and
            (2) by adding at the end thereof the following new 
        paragraph:
    ``(2) To qualify for the exemption established under subsection 
(j), an alternative confidential procedure under this subsection may 
not provide for less disclosure than the confidential procedures 
otherwise provided under this section.''.
    (d) Exemption From Disclosure by Statute.--Section 574 of title 5, 
United States Code, is amended by striking out subsection (j) and 
inserting in lieu thereof the following:
    ``(j) A dispute resolution communication which is generated by or 
provided to an agency or neutral, and which may not be disclosed under 
this section, shall also be exempt from disclosure under section 
552(b)(3).''.

SEC. 4. AMENDMENT TO REFLECT THE CLOSURE OF THE ADMINISTRATIVE 
              CONFERENCE.

    (a) Promotion of Administrative Dispute Resolutions.--Section 
3(a)(1) of the Administrative Dispute Resolution Act (5 U.S.C. 581 
note; Public Law 101-552; 104 Stat. 2736) is amended by striking out 
``the Administrative Conference of the United States and''.
    (b) Compilation of Information.--
            (1) In general.--Section 582 of title 5, United States 
        Code, is repealed.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 5 of title 5, United States Code, is 
        amended by striking out the item relating to section 582.
    (c) Federal Mediation and Conciliation Service.--Section 203(f) of 
the Labor Management Relations Act, 1947 (29 U.S.C. 173(f)) is amended 
by striking out ``the Administrative Conference of the United States 
and''.

SEC. 5. AMENDMENTS TO SUPPORT SERVICE PROVISION.

    Section 583 of title 5, United States Code, is amended by inserting 
``State, local, and tribal governments,'' after ``other Federal 
agencies,''.

SEC. 6. AMENDMENTS TO THE CONTRACT DISPUTES ACT.

    Section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 605) is 
amended--
            (1) in subsection (d) by striking out the second sentence 
        and inserting in lieu thereof: ``The contractor shall certify 
        the claim when required to do so as provided under subsection 
        (c)(1) or as otherwise required by law.''; and
            (2) in subsection (e) by striking out the first sentence.

SEC. 7. AMENDMENTS ON ACQUIRING NEUTRALS.

    (a) Expedited Hiring of Neutrals.--
            (1) Competitive requirements in defense agency contracts.--
        Section 2304(c)(3)(C) of title 10, United States Code, is 
        amended by striking out ``agency, or'' and inserting in lieu 
        thereof ``agency, or to procure the services of an expert or 
        neutral for use''.
            (2) Competitive requirements in federal contracts.--Section 
        303(c)(3)(C) of the Federal Property and Administrative 
        Services Act of 1949 (41 U.S.C. 253(c)(3)(C)), is amended by 
        striking out ``agency, or'' and inserting in lieu thereof 
        ``agency, or to procure the services of an expert or neutral 
        for use''.
    (b) References to the Administrative Conference of the United 
States.--Section 573 of title 5, United States Code, is amended--
            (1) by striking out subsection (c) and inserting in lieu 
        thereof the following:
    ``(c) In consultation with other appropriate Federal agencies and 
professional organizations experienced in matters concerning dispute 
resolution, the Federal Mediation and Conciliation Service shall--
            ``(1) encourage and facilitate agency use of alternative 
        means of dispute resolution; and
            ``(2) develop procedures that permit agencies to obtain the 
        services of neutrals on an expedited basis.''; and
            (2) in subsection (e) by striking out ``on a roster 
        established under subsection (c)(2) or a roster maintained by 
        other public or private organizations, or individual''.

SEC. 8. ARBITRATION AWARDS AND JUDICIAL REVIEW.

    (a) Arbitration Awards.--Section 580 of title 5, United States 
Code, is amended--
            (1) by striking out subsections (c), (f), and (g); and
            (2) by redesignating subsections (d) and (e) as subsections 
        (c) and (d), respectively.
    (b) Judicial Awards.--Section 581(d) of title 5, United States 
Code, is amended--
            (1) by striking out ``(1)'' after ``(b)''; and
            (2) by striking out paragraph (2).

SEC. 9. PERMANENT AUTHORIZATION OF THE ALTERNATIVE DISPUTE RESOLUTION 
              PROVISIONS OF TITLE 5, UNITED STATES CODE.

    The Administrative Dispute Resolution Act (Public Law 101-552; 104 
Stat. 2747; 5 U.S.C. 581 note) is amended by striking out section 11.

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--Subchapter IV of title 5, United States Code, is 
amended by adding at the end thereof the following new section:
``Sec. 584. Authorization of appropriations
    ``There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this subchapter.''.
    (b) Technical and Conforming Amendment.--The table of sections for 
chapter 5 of title 5, United States Code, is amended by inserting after 
the item relating to section 583 the following:

``Sec. 584. Authorization of appropriations.''.

SEC. 11. REAUTHORIZATION OF NEGOTIATED RULEMAKING ACT OF 1990.

    (a) Permanent Reauthorization.--Section 5 of the Negotiated 
Rulemaking Act of 1990 (Public Law 101-648; 5 U.S.C. 561 note) is 
repealed.
    (b) Closure of Administrative Conference.--
            (1) In general.--Section 569 of title 5, United States 
        Code, is amended--
                    (A) by amending the section heading to read as 
                follows:
``Sec. 569. Encouraging negotiated rulemaking''; and
                    (B) by striking out subsections (a) through (g) and 
                inserting in lieu thereof the following:
    ``(a) The President shall designate an agency or designate or 
establish an interagency committee to facilitate and encourage agency 
use of negotiated rulemaking. An agency that is considering, planning 
or conducting a negotiated rulemaking may consult with such agency or 
committee for information and assistance.
    ``(b) To carry out the purposes of this subchapter, an agency 
planning or conducting a negotiated rulemaking may accept, hold, 
administer, and utilize gifts, devises, and bequests of property, both 
real and personal:  Provided, That agency acceptance and use of such 
gifts, devises or bequests do not create a conflict of interest. Gifts 
and bequests of money and proceeds from sales of other property 
received as gifts, devises, or bequests shall be deposited in the 
Treasury and shall be disbursed upon the order of the head of such 
agency. Property accepted pursuant to this section, and the proceeds 
thereof, shall be used as nearly as possible in accordance with the 
terms of the gifts, devises, or bequests. For purposes of Federal 
income, estate, or gift taxes, property accepted under this section 
shall be considered as a gift, devise, or bequest to the United 
States.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 5 of title 5, United States Code, is 
        amended by striking out the item relating to section 569 and 
        inserting in lieu thereof the following:

``569. Encouraging negotiated rulemaking.''.
    (c) Expedited Hiring of Convenors and Facilitators.--
            (1) Defense agency contracts.--Section 2304(c)(3)(C) of 
        title 10, United States Code, is amended by inserting ``or 
        negotiated rulemaking'' after ``alternative dispute 
        resolution''.
            (2) Federal contracts.--Section 303(c)(3)(C) of the Federal 
        Property and Administrative Services Act of 1949 (41 U.S.C. 
        253(c)(3)(C)), is amended by inserting ``or negotiated 
        rulemaking'' after ``alternative dispute resolution''.
    (d) Authorization of Appropriations.--
            (1) In general.--Subchapter III of title 5, United States 
        Code, is amended by adding at the end thereof the following new 
        section:
``Sec. 570a. Authorization of appropriations
    ``There are authorized to be appropriated such sums as may be 
necessary to carry out the purposes of this subchapter.''.
            (2) Technical and conforming amendment.--The table of 
        sections for chapter 5 of title 5, United States Code, is 
        amended by inserting after the item relating to section 570 the 
        following:

``Sec. 570a. Authorization of appropriations.''.
    (e) Study.--No later than 180 days after the enactment of this Act, 
the Director of the Office of Management and Budget shall complete a 
study with recommendations on expediting the establishment of 
negotiated rulemaking committees, including eliminating any redundant 
administrative requirements related to filing a committee charter under 
section 9 of the Federal Advisory Committee Act and providing public 
notice of such committee under section 564 of title 5, United States 
Code.

SEC. 12. JURISDICTION OF THE UNITED STATES COURT OF FEDERAL CLAIMS: BID 
              PROTESTS.

    (a) Bid Protests.--
            (1) Termination of jurisdiction of district courts.--
        Section 1491 of title 28, United States Code, is amended--
                    (A) by redesignating subsection (b) as subsection 
                (d);
                    (B) in subsection (a)--
                            (i) by striking out ``(a)(1)'' and 
                        inserting in lieu thereof ``(a) Claims Against 
                        the United States.--'';
                            (ii) in paragraph (2), by striking out 
                        ``(2) To'' and inserting in lieu thereof ``(b) 
                        Remedy and Relief.--To''; and
                            (iii) by striking out paragraph (3); and
                    (C) by inserting after subsection (b), as 
                designated by paragraph (1)(B)(ii), the following new 
                subsection (c):
    ``(c) Bid Protests.--(1) The United States Court of Federal Claims 
has jurisdiction to render judgment on an action by an interested party 
objecting to a solicitation by a Federal agency for bids or proposals 
for a proposed contract or to a proposed award or the award of a 
contract. The court has jurisdiction to entertain such an action 
without regard to whether suit is instituted before or after the 
contract is awarded.
    ``(2) To afford relief in such an action, the court may award any 
relief that the court considers proper, including declaratory and 
injunctive relief.
    ``(3) In exercising jurisdiction under this subsection, the court 
shall give due regard to the interests of national defense and national 
security and the need for expeditious resolution of the action.
    ``(4) The district courts of the United States do not have 
jurisdiction of any action referred to in paragraph (1).''.
            (2) Clerical amendments.--
                    (A) Section heading.--The heading of such section 
                is amended by inserting ``bid protests;'' after 
                ``generally;''.
                    (B) Table of sections.--The table of sections at 
                the beginning of chapter 91 of title 28, United States 
                Code, is amended by striking out the item relating to 
                section 1491 and inserting in lieu thereof the 
                following:

``1491. Claims against United States generally; bid protests; actions 
                            involving Tennessee Valley Authority.''.
    (b) Nonexclusivity of GAO Remedies.--Section 3556 of title 31, 
United States Code, is amended by striking out ``a district court of 
the United States or the United States Claims Court'' in the first 
sentence and inserting in lieu thereof ``the United States Court of 
Federal Claims''.
    (c) Savings Provisions.--
            (1) Orders.--The amendments made by this section shall not 
        terminate the effectiveness of orders that have been issued by 
        a court in connection with an action within the jurisdiction of 
        that court on the day before the effective date of this 
        section. Such orders shall continue in effect according to 
        their terms until modified, terminated, superseded, set aside, 
        or revoked by a court of competent jurisdiction or by operation 
        of law.
            (2) Proceedings and applications.--(A) The amendments made 
        by this section shall not affect the jurisdiction of a court of 
        the United States to continue with any proceeding that is 
        pending before the court on the day before the effective date 
        of this section.
            (B) Orders may be issued in any such proceeding, appeals 
        may be taken therefrom, and payments may be made pursuant to 
        such orders, as if this section had not been enacted. An order 
        issued in any such proceeding shall continue in effect until 
        modified, terminated, superseded, set aside, or revoked by a 
        court of competent jurisdiction or by operation of law.
            (C) Nothing in this paragraph prohibits the discontinuance 
        or modification of any such proceeding under the same terms and 
        conditions and to the same extent that such proceeding could 
        have been discontinued or modified if this section had not been 
        enacted.
    (d) Effective Date.--This section and the amendments made by this 
section shall take effect on October 1, 1996.

            Amend the title so as to read: ``An Act to reauthorize 
        alternative means of dispute resolution in the Federal 
        administrative process, and for other purposes.''.

            Attest:

                                                             Secretary.
104th CONGRESS

  2d Session

                               H. R. 2977

_______________________________________________________________________

                               AMENDMENTS

HR 2977 EAS----2
HR 2977 EAS----3
HR 2977 EAS----4
HR 2977 EAS----5