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

                                                       Calendar No. 350
104th CONGRESS
  2d Session
                                S. 1224

                          [Report No. 104-245]

  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, Mr. Levin, and Mr. Cohen) introduced the 
 following bill; which was read twice and referred to the Committee on 
                          Governmental Affairs

               March 27 (legislative day, March 26), 1996

 Reported by Mr. Stevens, from the Committee on Governmental Affairs, 
            with an amendment and an amendment to the title
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``Administrative Dispute 
Resolution Act of 1995''.</DELETED>

<DELETED>SEC. 2. AMENDMENT TO DEFINITIONS.</DELETED>

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

<DELETED>SEC. 3. AMENDMENTS TO CONFIDENTIALITY PROVISIONS.</DELETED>

<DELETED>    (a) Termination of Availability Exemption to 
Confidentiality.--Section 574(b) of title 5, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in paragraph (5) by adding ``or'' at the end 
        thereof;</DELETED>
        <DELETED>    (2) in paragraph (6) by striking out ``; or'' and 
        inserting in lieu thereof a period; and</DELETED>
        <DELETED>    (3) by striking out paragraph (7).</DELETED>
<DELETED>    (b) Limitation of Confidentiality Application to 
Communication.--Section 574 of title 5, United States Code, is 
amended--</DELETED>
        <DELETED>    (1) in subsection (a) in the matter before 
        paragraph (1) by striking out ``any information concerning''; 
        and</DELETED>
        <DELETED>    (2) in subsection (b) in the matter before 
        paragraph (1) by striking out ``any information 
        concerning''.</DELETED>
<DELETED>    (c) Alternative Confidentiality Procedures.--Section 
574(d) of title 5, United States Code, is amended--</DELETED>
        <DELETED>    (1) by inserting ``(1)'' after ``(d)''; 
        and</DELETED>
        <DELETED>    (2) by adding at the end thereof the following new 
        paragraph:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(j)(1) A record described under paragraph (2) shall be 
specifically exempted from disclosure under section 
552(b)(3).</DELETED>
<DELETED>    ``(2) Paragraph (1) applies to any record that--</DELETED>
        <DELETED>    ``(A) is--</DELETED>
                <DELETED>    ``(i) generated by an agency in a dispute 
                resolution proceeding; or</DELETED>
                <DELETED>    ``(ii) initially provided to an agency in 
                a dispute resolution proceeding; and</DELETED>
        <DELETED>    ``(B) may not be disclosed under this 
        section.''.</DELETED>

<DELETED>SEC. 4. ADMINISTRATIVE CONFERENCE REPORTING 
              REQUIREMENTS.</DELETED>

<DELETED>    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.</DELETED>

<DELETED>SEC. 5. AMENDMENTS TO SUPPORT SERVICE PROVISION.</DELETED>

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

<DELETED>SEC. 6. AMENDMENTS TO THE CONTRACT DISPUTES ACT.</DELETED>

<DELETED>    Section 6 of the Contract Disputes Act of 1978 (41 U.S.C. 
605) is amended--</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (2) in subsection (e) by striking out the first 
        sentence.</DELETED>

<DELETED>SEC. 7. AMENDMENTS ON ACQUIRING NEUTRALS.</DELETED>

<DELETED>    (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:</DELETED>
<DELETED>    ``(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).''.</DELETED>
<DELETED>    (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:</DELETED>
<DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 8. PERMANENT AUTHORIZATION OF THE ALTERNATIVE DISPUTE 
              RESOLUTION PROVISIONS OF TITLE 5, UNITED STATES 
              CODE.</DELETED>

<DELETED>    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.</DELETED>

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.''.
            Amend the title so as to read ``To reauthorize alternative 
        means of dispute resolution in the Federal administrative 
        process, and for other purposes.''.
                                                       Calendar No. 350

104th CONGRESS

  2d Session

                                S. 1224

                          [Report No. 104-245]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

               March 27 (legislative day, March 26), 1996

        Reported with an amendment and an amendment to the title