In the Senate of the United States,
June 12, 1996.
Resolved, That the bill from the House of Representa-
tives (H.R. 2977) entitled ‘‘An Act to reauthorize alternative
means of dispute resolution in the Federal administrative
process, and for other purposes.’’, do pass with the following
AMENDMENTS:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Administrative Dispute
Resolution Act of 1995’’.
SEC. 2. AMENDMENT TO DEFINITIONS.
Section 571 of title 5, United States Code, is amend-
ed—
(1) in paragraph (3)—
(A) by striking out ‘‘settlement negotia-
tions,’’; and
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(B) by striking out ‘‘and arbitration’’ and
inserting in lieu thereof ‘‘use of ombuds, and
binding or nonbinding arbitration,’’; and
(2) in paragraph (8)—
(A) in subparagraph (B) by striking out
‘‘decision,’’ and inserting in lieu thereof ‘‘deci-
sion.’’; and
(B) by striking out the matter following
subparagraph (B).
SEC. 3. AMENDMENTS TO CONFIDENTIALITY PROVISIONS.
(a) TERMINATION OF AVAILABILITY EXEMPTION TO
CONFIDENTIALITY.—Section 574(b) of title 5, United States
Code, is amended—
(1) in paragraph (5) by adding ‘‘or’’ at the end
thereof;
(2) in paragraph (6) by striking out ‘‘; or’’ and
inserting in lieu thereof a period; and
(3) by striking out paragraph (7).
(b) LIMITATION OF CONFIDENTIALITY APPLICATION TO
COMMUNICATION.—Section 574 of title 5, United States
Code, is amended—
(1) in subsection (a) in the matter before para-
graph (1) by striking out ‘‘any information concern-
ing’’; and
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(2) in subsection (b) in the matter before para-
graph (1) by striking out ‘‘any information concern-
ing’’.
(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 sec-
tion.’’.
(d) EXEMPTION FROM DISCLOSURE BY STATUTE.—
Section 574 of title 5, United States Code, is amended by
striking out subsection (j) and inserting in lieu thereof the
following:
‘‘(j) A dispute resolution communication which is gen-
erated by or provided to an agency or neutral, 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 RESO-
LUTIONS.—Section 3(a)(1) of the Administrative Dispute
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Resolution Act (5 U.S.C. 581 note; Public Law 101–552;
104 Stat. 2736) is amended by striking out ‘‘the Adminis-
trative 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 out 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 out
‘‘the Administrative Conference of the United States and’’.
SEC. 5. AMENDMENTS TO SUPPORT SERVICE 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 out the second
sentence and inserting in lieu thereof: ‘‘The contractor
shall certify the claim when required to do so as pro-
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vided under subsection (c)(1) or as otherwise required
by law.’’; and
(2) in subsection (e) by striking out 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 out
‘‘agency, or’’ and inserting in lieu thereof ‘‘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 out
‘‘agency, or’’ and inserting in lieu thereof ‘‘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 out subsection (c) and inserting
in lieu thereof the following:
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‘‘(c) In consultation with other appropriate Federal
agencies and professional organizations experienced in mat-
ters concerning dispute resolution, the Federal Mediation
and Conciliation Service shall—
‘‘(1) encourage and facilitate agency use of alter-
native 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 out ‘‘on a roster
established under subsection (c)(2) or a roster main-
tained by other public or private organizations, or in-
dividual’’.
SEC. 8. ARBITRATION AWARDS AND JUDICIAL REVIEW.
(a) ARBITRATION AWARDS.—Section 580 of title 5,
United States Code, is amended—
(1) by striking out 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 out ‘‘(1)’’ after ‘‘(b)’’; and
(2) by striking out paragraph (2).
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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. 581 note) is amend-
ed by striking out 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:
‘‘Sec. 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.—
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(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 out subsections (a) through
(g) and inserting in lieu thereof 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 nego-
tiated 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: Provided, That
agency 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 Treas-
ury 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 be-
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quests. For purposes of Federal income, estate, or gift taxes,
property accepted under this section shall be considered as
a gift, devise, or bequest to the United States.’’.
(2) 
TECHNICAL
AND
CONFORMING
AMEND-
MENT.—The table of sections for chapter 5 of title 5,
United States Code, is amended by striking out the
item relating to section 569 and inserting in lieu
thereof 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 negotiated 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 ‘‘alter-
native dispute resolution’’.
(d) AUTHORIZATION OF APPROPRIATIONS.—
(1) IN
GENERAL.—Subchapter III of title 5,
United States Code, is amended by adding at the end
thereof the following new section:
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‘‘§ 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:
‘‘Sec. 570a. Authorization of appropriations.’’.
(e) STUDY.—No later than 180 days after the enact-
ment of this Act, the Director of the Office of Management
and Budget shall complete a study with recommendations
on expediting the establishment of negotiated rulemaking
committees, including eliminating any redundant adminis-
trative requirements related to filing a committee charter
under section 9 of the Federal Advisory Committee Act and
providing public notice of such committee under section 564
of title 5, United States Code.
SEC. 12. JURISDICTION OF THE UNITED STATES COURT OF
FEDERAL CLAIMS: BID PROTESTS.
(a) BID PROTESTS.—
(1) TERMINATION OF JURISDICTION OF DISTRICT
COURTS.—Section 1491 of title 28, United States
Code, is amended—
(A) by redesignating subsection (b) as sub-
section (d);
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(B) in subsection (a)—
(i) by striking out ‘‘(a)(1)’’ and insert-
ing in lieu thereof ‘‘(a) CLAIMS AGAINST
THE UNITED STATES.—’’;
(ii) in paragraph (2), by striking out
‘‘(2) To’’ and inserting in lieu thereof ‘‘(b)
REMEDY AND RELIEF.—To’’; and
(iii) by striking out paragraph (3);
and
(C) by inserting after subsection (b), as des-
ignated by paragraph (1)(B)(ii), the following
new subsection (c):
‘‘(c) BID PROTESTS.—(1) The United States Court of
Federal Claims has 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 con-
tract or to a proposed award or the award of a contract.
The court has jurisdiction to entertain such an action with-
out regard to whether suit is instituted before or after the
contract is awarded.
‘‘(2) To afford relief in such an action, the court may
award any relief that the court considers proper, including
declaratory and injunctive relief.
‘‘(3) In exercising jurisdiction under this subsection,
the court shall give due regard to the interests of national
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defense and national security and the need for expeditious
resolution of the action.
‘‘(4) The district courts of the United States do not
have jurisdiction of any action referred to in paragraph
(1).’’.
(2) CLERICAL AMENDMENTS.—
(A) SECTION
HEADING.—The heading of
such section is amended by inserting ‘‘bid pro-
tests;’’ after ‘‘generally;’’.
(B) TABLE OF SECTIONS.—The table of sec-
tions at the beginning of chapter 91 of title 28,
United States Code, is amended by striking out
the item relating to section 1491 and inserting
in lieu thereof the following:
‘‘1491. Claims against United States generally; bid protests; actions involving
Tennessee Valley Authority.’’.
(b) NONEXCLUSIVITY OF GAO REMEDIES.—Section
3556 of title 31, United States Code, is amended by striking
out ‘‘a district court of the United States or the United
States Claims Court’’ in the first sentence and inserting
in lieu thereof ‘‘the United States Court of Federal Claims’’.
(c) SAVINGS PROVISIONS.—
(1) ORDERS.—The amendments made by this
section 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 the