H. R.4194—3
(b) REFERENCES TO THE ADMINISTRATIVE CONFERENCE OF THE
UNITED STATES.—Section 573 of title 5, United States Code, is
amended—
(1) by striking subsection (c) and inserting the following:
‘‘(c) The President shall designate an agency or designate or
establish an interagency committee to facilitate and encourage
agency use of dispute resolution under this subchapter. Such agency
or interagency committee, in consultation with other appropriate
Federal agencies and professional organizations experienced in
matters concerning dispute resolution, shall—
‘‘(1) encourage and facilitate agency use of alternative
means of dispute resolution; and
‘‘(2) develop procedures that permit agencies to obtain the
services of neutrals on an expedited basis.’’; and
(2) in subsection (e) by striking ‘‘on a roster established
under subsection (c)(2) or a roster maintained by other public
or private organizations, or individual’’.
SEC. 8. ARBITRATION AWARDS AND JUDICIAL REVIEW.
(a) ARBITRATION AWARDS.—Section 580 of title 5, United States
Code, is amended—
(1) by striking subsections (c), (f), and (g); and
(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 arbitration for the
resolution of issues in controversy, if’’ and inserting ‘‘shall
not offer to use arbitration for the resolution of issues
in controversy unless’’; and
(B) by striking in paragraph (1) ‘‘has authority’’ and
inserting ‘‘would otherwise have authority’’; and
(4) by adding at the end the following:
‘‘(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 appropriate 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 ALTERNATIVE 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.
H. R.4194—4
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 subchapter.’’.
(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.’’.
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:
‘‘§ 569. Encouraging negotiated rulemaking’’; and
(B) by striking subsections (a) through (g) and inserting
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 if that agency’s 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.’’.
(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 569 and insert-
ing 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 nego-
tiated 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.—
H. R.4194—5
(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 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:
‘‘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 enactment of this
Act, take appropriate action to expedite the establishment of
negotiated rulemaking committees and committees established
to resolve disputes under the Administrative Dispute Resolution
Act, including, with respect to negotiated rulemaking commit-
tees, 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
(2) within one year of the date of the enactment of this
Act, submit recommendations to Congress for any necessary
legislative changes.
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 Unites 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 connec-
tion 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.
H. R.4194—6
‘‘(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 termi-
nates 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.
H. R.4194—7
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.