IB
Union Calendar No. 297
104TH CONGRESS
2D SESSION
H. R. 2977
[Report No. 104–597]
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
MAY 29, 1996
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
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 Representa-
tives 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 amend-
ed—
(1) in paragraph (3)—
(A) by striking ‘‘, in lieu of an adjudication
as defined in section 551(7),’’;
(B) by striking ‘‘settlement negotiations,’’;
and
(C) by striking ‘‘and arbitration’’ and in-
serting ‘‘arbitration, and use of ombudsmen’’;
and
(2) in paragraph (8)—
(A) in subparagraph (B) by striking ‘‘deci-
sion,’’ and inserting ‘‘decision.’’; and
(B) by striking the matter following sub-
paragraph (B).
SEC. 3. AMENDMENTS TO CONFIDENTIALITY PROVISIONS.
(a) LIMITATION OF CONFIDENTIALITY APPLICATION
TO COMMUNICATION.—Section 574(a) of title 5, United
States Code, is amended in the matter before paragraph
(1) by striking ‘‘any information concerning’’.
(b) 
ALTERNATIVE
CONFIDENTIALITY
PROCE-
DURES.—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.’’.
(c) EXEMPTION FROM DISCLOSURE BY STATUTE.—
Section 574 of title 5, United States Code, is amended
by striking ‘‘This section’’ and inserting ‘‘This section
(other than subsection (a))’’.
SEC. 4. AMENDMENT TO REFLECT THE CLOSURE OF THE
ADMINISTRATIVE CONFERENCE.
(a) PROMOTION OF ADMINISTRATIVE DISPUTE RES-
OLUTIONS.—Section 3(a)(1) of the Administrative Dis-
pute Resolution Act (5 U.S.C. 581 note; Public Law 101–
552; 104 Stat. 2736) is amended by striking ‘‘the Admin-
istrative Conference of the United States and’’.
(b) COMPILATION OF INFORMATION.—
(1) IN
GENERAL.—Section 582 of title 5,
United States Code, is repealed.
(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 582.
(c) FEDERAL MEDIATION AND CONCILIATION SERV-
ICE.—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’’.
SEC. 5. AMENDMENTS TO SUPPORT SERVICE PROVISION.
Section 583 of title 5, United States Code, is amend-
ed 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 sen-
tence and inserting: ‘‘The contractor shall certify the
claim when required to do so as provided under sub-
section (c)(1) or as otherwise required by law.’’; and
(2) in subsection (e) by striking the first sen-
tence.
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’’.
(b) REFERENCES
TO
THE ADMINISTRATIVE CON-
FERENCE OF THE UNITED STATES.—Section 573 of title
5, United States Code, is amended—
(1) by striking subsection (c) and inserting the
following:
‘‘(c) In consultation with other appropriate Federal
agencies and professional organizations experienced in
matters concerning dispute resolution, the Federal Medi-
ation and Conciliation Service shall—
‘‘(1) encourage and facilitate agency use of al-
ternative 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 es-
tablished under subsection (c)(2) or a roster main-
tained by other public or private organizations, or
individual’’.