[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2977 Introduced in House (IH)]







104th CONGRESS
  2d Session
                                H. R. 2977

 To reauthorize alternative means of dispute resolution in the Federal 
            administrative process, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 1996

  Mr. Gekas (for himself and Mr. Reed) introduced the following bill; 
          which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To reauthorize alternative means of dispute resolution in the Federal 
            administrative process, and for other purposes.

    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 ``Administrative Dispute Resolution 
Act of 1996''.

SEC. 2. AMENDMENT TO DEFINITIONS.

    Section 571 of title 5, United States Code, is amended--
            (1) in paragraph (3)--
                    (A) by striking ``, in lieu of an adjudication as 
                defined in section 551(7),'';
                    (B) by striking ``settlement negotiations,''; and
                    (C) by striking ``and arbitration'' and inserting 
                ``arbitration, and use of ombudsmen''; and
            (2) in paragraph (8)--
                    (A) in subparagraph (B) by striking ``decision,'' 
                and inserting ``decision.''; and
                    (B) by striking the matter following subparagraph 
                (B).

SEC. 3. AMENDMENTS TO CONFIDENTIALITY PROVISIONS.

    (a) Limitation of Confidentiality Application to Communication.--
Section 574(a) of title 5, United States Code, is amended in the matter 
before paragraph (1) by striking ``any information concerning''.
    (b) 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.''.
    (c) Exemption From Disclosure by Statute.--Section 574 of title 5, 
United States Code, is amended by striking ``This section'' and 
inserting ``This section (other than subsection (a))''.

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 ``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 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 ``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 the second sentence and 
        inserting: ``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 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 ``agency, or'' and inserting ``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 ``agency, or'' and inserting ``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 subsection (c) and inserting 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 ``on a roster established 
        under subsection (c)(2) or a roster maintained by other public 
        or private organizations, or individual''.

SEC. 8. 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 section 11.

SEC. 9. 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:

``584. Authorization of appropriations.''.
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