[Congressional Record Volume 142, Number 138 (Monday, September 30, 1996)]
[Senate]
[Page S12003]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




        THE ALTERNATIVE MEANS OF DISPUTE RESOLUTION ACT OF 1996

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                        COHEN AMENDMENT NO. 5421

  Mr. GRASSLEY (for Mr. Cohen) proposed an amendment to the bill (H.R. 
4194) to reauthorize alternative means of dispute resolution in the 
Federal administrative process, and for other purposes; as follows:

       At the end of the bill insert the following:

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

       (a) Bid Protests.--Section 1491 of Title 28, United States 
     Code, is amended--
       (1) by redesignating subsection (b) as subsection (c);
       (2) in subsection (a) by striking out paragraph (3); and
       (3) by inserting after subsection (a), the following new 
     subsection:
       ``(b) (1) Both the United States Court of Federal Claims 
     and the district courts of the United States shall have 
     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 or any alleged violation of 
     statute or regulation in connection with a procurement or a 
     proposed procurement. Both the United States Court of Federal 
     Claims and the district courts of the United States shall 
     have 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 courts may 
     award any relief that the court considers proper, including 
     declaratory and injunctive relief except that any monetary 
     relief shall be limited to bid preparation and proposal 
     costs.
       ``(3) In exercising jurisdiction under this subsection, the 
     courts shall give due regard to the interests of national 
     defense and national security and the need for expeditious 
     resolution of the action.
       ``(4) In any action under this subsection, the courts shall 
     review the agency's decision pursuant to the standards set 
     forth in section 706 of title 5.''
       (b) Effective Date.--This section and the amendments made 
     by this section shall take effect on December 31, 1996 and 
     shall apply to all actions filed on or after that date.
       (c) Study.--No earlier than 2 years after the effective 
     date of this section, the United States General Accounting 
     Office shall undertake a study regarding the concurrent 
     jurisdiction of the district courts of the United States and 
     the Court of Federal Claims over bid protests to determine 
     whether concurrent jurisdiction is necessary. Such a study 
     shall be completed no later than December 31, 1999, and shall 
     specifically consider the effect of any proposed change on 
     the ability of small businesses to challenge violations of 
     federal procurement law.
       (d) Sunset.--The jurisdiction of the district courts of the 
     United States over the actions described in section 
     1491(b)(1) of title 28, United States Code, (as amended by 
     subsection (a) of this section) shall terminate on January 1, 
     2001 unless extended by Congress. The savings provisions in 
     subsection (e) shall apply if the bid protest jurisdiction of 
     the district courts of the United States terminates under 
     this subsection.
       (e) Savings Provisions.--
       (1) Orders.--A termination under subsection (d) 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 or before December 31, 2000. 
     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) A termination under 
     subsection (d) shall not affect the jurisdiction of a court 
     of the United States to continue with any proceeding that is 
     pending before the court on December 31, 2000.
       (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 such termination had not occurred. 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 proceeding could 
     have been discontinued or modified absent such termination.
       (f) Nonexclusivity of GAO Remedies.--In the event that the 
     bid protest jurisdiction of the district courts of the United 
     States is terminated pursuant to subsection (d), then section 
     3556 of title 31, United States Code, shall be amended by 
     striking ``a court of the United States or'' in the first 
     sentence.

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