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(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 ‘‘(1)’’ after ‘‘(b)’’; and
(2) by striking paragraph (2).
(c) AUTHORIZATION OF ARBITRATION.—Section 575
of title 5, United States Code, is amended—
(1) in subsection (a)(2), by striking ‘‘Any’’ and
inserting ‘‘The’’;
(2) in subsection (a)(2), by adding at the end
the following: ‘‘Each such arbitration agreement
shall specify a maximum award that may be issued
by the arbitrator and may specify other conditions
limiting the range of possible outcomes.’’;
(3) in subsection (b)—
(A) by striking ‘‘may offer to use arbitra-
tion for the resolution of issues in controversy,
if’’ and inserting ‘‘shall not offer to use arbitra-
tion for the resolution of issues in controversy
unless’’; and
(B) by striking in paragraph (1) ‘‘has au-
thority’’ and inserting ‘‘would otherwise have
authority’’; and
(4) by adding at the end the following:
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‘‘(c) Prior to using binding arbitration under this
subchapter, the head of an agency, in consultation with
the Attorney General and after taking into account the
factors in section 572(b), shall issue guidance on the ap-
propriate use of binding arbitration and when an officer
or employee of the agency has authority to settle an issue
in controversy through binding arbitration.’’.
SEC. 9. PERMANENT AUTHORIZATION OF THE ALTER-
NATIVE 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. 571 note) is
amended by striking 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:
‘‘§ 584. Authorization of appropriations
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out the purposes of this sub-
chapter.’’.
(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:
‘‘584. Authorization of appropriations.’’.
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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, Unit-
ed States Code, is amended—
(A) by amending the section heading to
read as follows:
‘‘§ 569. Encouraging negotiated rulemaking’’; and
(B) by striking subsections (a) through (g)
and inserting the following:
‘‘(a) The President shall designate an agency or des-
ignate or establish an interagency committee to facilitate
and encourage agency use of negotiated rulemaking. An
agency that is considering, planning, or conducting a ne-
gotiated rulemaking may consult with such agency or com-
mittee 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 if that
agency’s acceptance and use of such gifts, devises, or be-
quests do not create a conflict of interest. Gifts and be-
quests of money and proceeds from sales of other property
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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.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 5 of title
5, United States Code, is amended by striking the
item relating to section 569 and inserting the follow-
ing:
‘‘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 Adminis-
trative 
Services 
Act 
of 
1949 
(41 
U.S.C.
253(c)(3)(C)), is amended by inserting ‘‘or nego-
tiated 
rulemaking’’ 
after 
‘‘alternative 
dispute
resolution’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—
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(1) IN GENERAL.—Subchapter III of title 5,
United States Code, is amended by adding at the
end thereof the following new section:
‘‘§ 570a. Authorization of appropriations
‘‘There are authorized to be appropriated such sums
as may be necessary to carry out the purposes of this sub-
chapter.’’.
(2) TECHNICAL
AND
CONFORMING
AMEND-
MENT.—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:
‘‘570a. Authorization of appropriations.’’.
(e) NEGOTIATED RULEMAKING COMMITTEES.—The
Director of the Office of Management and Budget shall—
(1) within 180 days of the date of the enact-
ment of this Act, take appropriate action to expedite
the establishment of negotiated rulemaking commit-
tees and committees established to resolve disputes
under the Administrative Dispute Resolution Act, in-
cluding, with respect to negotiated rulemaking com-
mittees, eliminating any redundant administrative
requirements related to filing a committee charter
under section 9 of the Federal Advisory Committee
Act (5 U.S.C. App.) and providing public notice of
such committee under section 564 of title 5, United
States Code; and
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(2) within one year of the date of the enact-
ment of this Act, submit recommendations to Con-
gress for any necessary legislative changes.
Passed the House of Representatives September 27,
1996.
Attest:
ROBIN H. CARLE,
Clerk.