[Congressional Record Volume 142, Number 86 (Wednesday, June 12, 1996)]
[Senate]
[Pages S6151-S6152]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                          AMENDMENTS SUBMITTED

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           THE ADMINISTRATIVE DISPUTE RESOLUTION ACT OF 1996

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                LEVIN (AND GRASSLEY) AMENDMENT NO. 4045

  Mr. LOTT (for Mr. Levin, for himself and Mr. Grassley) proposed an 
amendment to the bill (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; as 
follows:

       At the end of the bill, add the following new section:

     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     note) is repealed.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.
                                 ______


                        COHEN AMENDMENT NO. 4046

  Mr. LOTT (for Mr. Cohen) proposed an amendment to the bill S. 1224, 
supra; as follows:

       At the end of the Committee amendment add the following:

     SEC. 11. 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.

[[Page S6152]]

       ``(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.

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