[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 1224 Introduced in Senate (IS)]

  1st Session
                                S. 1224

  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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

            September 8 (legislative day, September 5), 1995

Mr. Grassley (for himself and Mr. Levin) introduced the following bill; 
  which was read twice and referred to the Committee on Governmental 
                                Affairs

_______________________________________________________________________

                                 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.
    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 1995''.

SEC. 2. AMENDMENT TO DEFINITIONS.

    Section 571 of title 5, United States Code, is amended--
            (1) in paragraph (3) by striking out ``settlement 
        negotiations,''; 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) For purposes of the application of section 552(b)(3), 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)(1) A record described under paragraph (2) shall be 
specifically exempted from disclosure under section 552(b)(3).
    ``(2) Paragraph (1) applies to any record that--
            ``(A) is--
                    ``(i) generated by an agency in a dispute 
                resolution proceeding; or
                    ``(ii) initially provided to an agency in a dispute 
                resolution proceeding; and
            ``(B) may not be disclosed under this section.''.

SEC. 4. ADMINISTRATIVE CONFERENCE REPORTING REQUIREMENTS.

    On the date occurring 3 years after the date of the enactment of 
this Act, the Chairman of the Administrative Conference of the United 
States shall submit a report to Congress concerning implementation of 
subchapter IV of chapter 5 of title 5, United States Code (as amended 
by this Act) relating to alternative means of dispute resolution, by 
Federal agencies, including, to the extent available, information 
relating to the costs and benefits of using alternative means of 
dispute resolution.

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) Competitive Requirements in Defense Agency Contracts.--Section 
2304 of title 10, United States Code, is amended by adding at the end 
thereof the following new subsection:
    ``(k) For the purpose of applying subsection (c)(3)(C), the head of 
an agency may procure expert services without regard to sections 8, 9, 
and 15 of the Small Business Act (15 U.S.C. 637, 638, and 644).''.
    (b) Competitive Requirements in Federal Contracts.--Section 303(c) 
of the Federal Property and Administrative Services Act of 1949 (41 
U.S.C. 253(c)), is amended by inserting at the end thereof the 
following new subsection:
    ``(i) For the purpose of applying subsection (c)(3)(C), an agency 
may procure expert services without regard to sections 8, 9, and 15 of 
the Small Business Act (15 U.S.C. 637, 638, and 644).''.

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 out section 11.
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