H. R. 4194
One Hundred Fourth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the third day of January, one thousand nine hundred and ninety-six
An Act
To reauthorize alternative means of dispute resolution in the Federal 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 1996’’.
SEC. 2. AMENDMENT TO DEFINITIONS.
Section 571 of title 5, United States Code, is amended—
(1) in paragraph (3)—
(A) by striking ‘‘, in lieu of an adjudication as defined
in section 551(7) of this title,’’;
(B) by striking ‘‘settlement negotiations,’’; and
(C) by striking ‘‘and arbitration’’ and inserting ‘‘arbitra-
tion, and use of ombuds’’; and
(2) in paragraph (8)—
(A) in subparagraph (B) by striking ‘‘decision,’’ and
inserting ‘‘decision;’’; and
(B) by striking the matter following subparagraph (B).
SEC. 3. AMENDMENTS TO CONFIDENTIALITY PROVISIONS.
(a) 
LIMITATION
OF
CONFIDENTIALITY
APPLICATION
TO
COMMUNICATION.—Subsections (a) and (b) of section 574 of title
5, United States Code, are each amended in the matter before
paragraph (1) by striking ‘‘any information concerning’’.
(b) DISPUTE RESOLUTION COMMUNICATION.—Section 574(b)(7)
of title 5, United States Code, is amended to read as follows:
‘‘(7) except for dispute resolution communications generated
by the neutral, the dispute resolution communication was pro-
vided to or was available to all parties to the dispute resolution
proceeding.’’.
(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.’’.
H. R.4194—2
(d) EXEMPTION FROM DISCLOSURE BY STATUTE.—Section 574
of title 5, United States Code, is amended by amending subsection
(j) to read as follows:
‘‘(j) A dispute resolution communication which is between a
neutral and a party 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. 571 note; Public Law 101–552; 104 Stat. 2736) is amended
to read as follows:
‘‘(1) consult with the agency designated by, or the inter-
agency committee designated or established by, the President
under section 573 of title 5, United States Code, to facilitate
and encourage agency use of alternative dispute resolution
under subchapter IV of chapter 5 of such title; 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 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 ‘‘the Administrative Conference of
the United States and other agencies’’ and inserting ‘‘the agency
designated by, or the interagency committee designated or estab-
lished by, the President under section 573 of title 5, United States
Code,’’.
SEC. 5. AMENDMENTS TO SUPPORT SERVICES 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 the second sentence and
inserting: ‘‘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 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 ‘‘agency, or’’ and inserting ‘‘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 ‘‘agency, or’’ and inserting ‘‘agency, or to procure the
services of an expert or neutral for use’’.