I

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Administrative Dispute

5 Resolution Act of 1996’’.

6 SEC. 2. AMENDMENT TO DEFINITIONS.

7 Section 571 of title 5, United States Code, is amend8 ed—

9 (1) in paragraph (3)—
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1 (A) by striking ‘‘, in lieu of an adjudication

2 as defined in section 551(7),’’;

3 (B) by striking ‘‘settlement negotiations,’’;

4 and

5 (C) by striking ‘‘and arbitration’’ and in6 serting ‘‘arbitration, and use of ombudsmen’’;

7 and

8 (2) in paragraph (8)—

9 (A) in subparagraph (B) by striking ‘‘deci10 sion,’’ and inserting ‘‘decision.’’; and

11 (B) by striking the matter following sub12 paragraph (B).

13 SEC. 3. AMENDMENTS TO CONFIDENTIALITY PROVISIONS.

14 (a) LIMITATION OF CONFIDENTIALITY APPLICATION

15 TO COMMUNICATION.—Section 574(a) of title 5, United

16 States Code, is amended in the matter before paragraph

17 (1) by striking ‘‘any information concerning’’.

18 (b) ALTERNATIVE CONFIDENTIALITY PROCE19 DURES.—Section 574(d) of title 5, United States Code,

20 is amended—

21 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

22 (2) by adding at the end thereof the following

23 new paragraph:

24 ‘‘(2) To qualify for the exemption established under

25 subsection (j), an alternative confidential procedure under
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1 this subsection may not provide for less disclosure than

2 the confidential procedures otherwise provided under this

3 section.’’.

4 (c) EXEMPTION FROM DISCLOSURE BY STATUTE.—

5 Section 574 of title 5, United States Code, is amended

6 by striking ‘‘This section’’ and inserting ‘‘This section

7 (other than subsection (a))’’.

8 SEC. 4. AMENDMENT TO REFLECT THE CLOSURE OF THE

9 ADMINISTRATIVE CONFERENCE.

10 (a) PROMOTION OF ADMINISTRATIVE DISPUTE RES11 OLUTIONS.—Section 3(a)(1) of the Administrative Dis12 pute Resolution Act (5 U.S.C. 581 note; Public Law 101–

13 552; 104 Stat. 2736) is amended by striking ‘‘the Admin14 istrative Conference of the United States and’’.

15 (b) COMPILATION OF INFORMATION.—

16 (1) IN GENERAL.—Section 582 of title 5,

17 United States Code, is repealed.

18 (2) TECHNICAL AND CONFORMING AMEND19 MENT.—The table of sections for chapter 5 of title

20 5, United States Code, is amended by striking the

21 item relating to section 582.

22 (c) FEDERAL MEDIATION AND CONCILIATION SERV23 ICE.—Section 203(f) of the Labor Management Relations

24 Act, 1947 (29 U.S.C. 173(f)) is amended by striking ‘‘the

25 Administrative Conference of the United States and’’.
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1 SEC. 5. AMENDMENTS TO SUPPORT SERVICE PROVISION.

2 Section 583 of title 5, United States Code, is amend3 ed by inserting ‘‘State, local, and tribal governments,’’

4 after ‘‘other Federal agencies,’’.

5 SEC. 6. AMENDMENTS TO THE CONTRACT DISPUTES ACT.

6 Section 6 of the Contract Disputes Act of 1978 (41

7 U.S.C. 605) is amended—

8 (1) in subsection (d) by striking the second sen9 tence and inserting: ‘‘The contractor shall certify the

10 claim when required to do so as provided under sub11 section (c)(1) or as otherwise required by law.’’; and

12 (2) in subsection (e) by striking the first sen13 tence.

14 SEC. 7. AMENDMENTS ON ACQUIRING NEUTRALS.

15 (a) EXPEDITED HIRING OF NEUTRALS.—

16 (1) COMPETITIVE REQUIREMENTS IN DEFENSE

17 AGENCY CONTRACTS.—Section 2304(c)(3)(C) of title

18 10, United States Code, is amended by striking

19 ‘‘agency, or’’ and inserting ‘‘agency, or to procure

20 the services of an expert or neutral for use’’.

21 (2) COMPETITIVE REQUIREMENTS IN FEDERAL

22 CONTRACTS.—Section 303(c)(3)(C) of the Federal

23 Property and Administrative Services Act of 1949

24 (41 U.S.C. 253(c)(3)(C)), is amended by striking

25 ‘‘agency, or’’ and inserting ‘‘agency, or to procure

26 the services of an expert or neutral for use’’.
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1 (b) REFERENCES TO THE ADMINISTRATIVE CON2 FERENCE OF THE UNITED STATES.—Section 573 of title

3 5, United States Code, is amended—

4 (1) by striking subsection (c) and inserting the

5 following:

6 ‘‘(c) In consultation with other appropriate Federal

7 agencies and professional organizations experienced in

8 matters concerning dispute resolution, the Federal Medi9 ation and Conciliation Service shall—

10 ‘‘(1) encourage and facilitate agency use of al11 ternative means of dispute resolution; and

12 ‘‘(2) develop procedures that permit agencies to

13 obtain the services of neutrals on an expedited

14 basis.’’; and

15 (2) in subsection (e) by striking ‘‘on a roster es16 tablished under subsection (c)(2) or a roster main17 tained by other public or private organizations, or

18 individual’’.

19 SEC. 8. PERMANENT AUTHORIZATION OF THE ALTER20 NATIVE DISPUTE RESOLUTION PROVISIONS

21 OF TITLE 5, UNITED STATES CODE.

22 The Administrative Dispute Resolution Act (Public

23 Law 101–552; 104 Stat. 2747; 5 U.S.C. 581 note) is

24 amended by striking section 11.
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1 SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

2 (a) IN GENERAL.—Subchapter IV of title 5, United

3 States Code, is amended by adding at the end thereof the

4 following new section:

5 ‘‘§ 584. Authorization of appropriations

6 ‘‘There are authorized to be appropriated such sums

7 as may be necessary to carry out the purposes of this sub8 chapter.’’.

9 (b) TECHNICAL AND CONFORMING AMENDMENT.—

10 The table of sections for chapter 5 of title 5, United States

11 Code, is amended by inserting after the item relating to

12 section 583 the following:

‘‘584. Authorization of appropriations.’’.

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