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Federal ADR Mandate
This page contains the entire Administrative Dispute Resolution Act of 1996, which constitutes a mandate to all federal agencies provide ADR services, including training. The section that is particularly relevant to GSA Award GS-10F-0328K is highlighted in bold print. Click here to view that section.
Also view the Presidential Memo of May 1, 1998, which promotes "greater use of mediation" in federal agencies. Pertinent passages have been highlighted in bold print.
Services available under this award provide mediation training for managers and employees that largely prevent the escalation of workplace disputes to the level that require mediation by professional mediators.
5 USCA s 571 R 3 OF 16 USC
5 U.S.C.A. s 571
UNITED STATES CODE ANNOTATED
TITLE 5. GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE AGENCIES GENERALLY
CHAPTER 5--ADMINISTRATIVE PROCEDURE SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS
Current through P.L. 104-333, approved 11-12-96
s 571. Definitions
For the purposes of this subchapter, the term --
(1) "agency" has
the same meaning as in section 551(1) of this title;
(2) "administrative
program" includes a Federal function which involves
protection of the public interest and the determination of
rights, privileges and obligations of private persons through
rule making, adjudication, licensing, or investigation, as those
terms are used in subchapter II of this chapter;
(3) "alternative means
of dispute resolution" means any procedure that is used to
resolve issues in controversy, including, but not limited to,
conciliation, facilitation, mediation, factfinding, minitrials,
arbitration, and use of ombuds, or any combination thereof;
(4) "award" means
any decision by an arbitrator resolving the issues in
controversy;
(5) "dispute resolution
communication" means any oral or written communication
prepared for the purposes of a dispute resolution proceeding,
including any memoranda, notes or work product of the neutral,
parties or nonparty participant; except that a written agreement
to enter into a dispute resolution proceeding, or final written
agreement or arbitral award reached ~ a result of a dispute
resolution proceeding, is not a dispute resolution communication;
(6) "dispute resolution
proceeding" means any process in which an alternative means
of dispute resolution is used to resolve an issue in controversy
in which a neutral is appointed and specified parties
participate;
(7) "in
confidence" means, with respect to information, that the
information is provided--
(a)with the expressed
intent of the source that it not be disclosed; or
(b)under circumstances
that would create the reasonable expectation's behalf of the
source that the information will not be disclosed;
(8) "issue in
controversy" means an issue which is material to a decision
concerning an administrative program of an agency, and with which
there is disagreement--
(a)between an agency and
persons who would be substantially affected by the decision;
or
(b)between persons who
would be substantially affected by the decision;
(9) "neutral"
means an individual who, with respect to an issue in controversy,
functions specifically to aid the parties in resolving the
controversy;
(10) "party"
means--
(a)for a proceeding with
named parties, the same as in section 551(3) of this title;
and
(b)for a proceeding
without named parties, a person who will be significantly
affected by the decision in the proceeding and who
participated in the proceeding;
(11) "person" has
the same meaning as in section 551(2) of this title; and
(12) "roster"
means a list of persons qualified to provide services as
neutrals.
CREDIT ( S )
1996 Main
Volume
(Added Pub. L. 101-552, s
4(b), Nov. 15, 1990, 104 Stat. 2738, s 581, and renumbered s. 571
and amended Pub. L. 102-354, ss 3(b)(2), 5(b)(1), (2), Aug. 26
1992, 106 Stat. 944, 946.)
1997
Electronic Pocket Part Update
(As amended Pub. L.
104-320, s 2, Oct. 19, 1996, 110 Stat. 3870.)
HISTORICAL
AND STATUTORY NOTES
Revision Notes and
Legislative Reports
1990 Acts. Senate Report No.
101-543, see 1990 U.S. Code Cong. and Adm. News, p. 3931.
1992 Acts. House Report No.
102-372, see 1992 U.S. Code Cong. and Adm. News, p. 830.
Amendments
1996 Amendments. Par. (3).
Pub. L. 104-320, s 2(1)(A), struck out ", in lieu of an
adjudication as defined in section 551(7) of this title,"
following "any procedure that is used".
Pub. L. 104-320, s 2 (1)
(B), struck out "settlement negotiations," following
"but not limited to,"
Pub. L. 104-320, s 2(1)(C),
substituted "arbitration, and use of ombuds" for
"and arbitration".
Par. (8). Pub. L. 104-320, s
2(2), struck out provisions excepting any matter specified under
section 2302 or 7121(c) of this title from the definition of
"issue in controversy".
1992 Amendments. Par. (3).
Pub. L. 102-354, s 5(b)(1), inserted comma following
"including".
Par. (8). Pub. L. 102-354, s
5(b)(2), redesignated portion of existing matter with minor
changes, as subpar. (A), and added subpar. (B).
Sunset Provisions
Section 11 of Pub. L.
101-552, as amended Pub. L. 104-106, s 4321(i)(5), Feb. 10, 1996,
110 Stat. 676, which provided that the authority of agencies to
use dispute resolution proceedings under Pub. L. 101-552 and
under the amendments made by Pub. L. 101-552 [for distribution of
which see Short Title of 1990 Acts note set out under this
section and Tables] would terminate on October 1, 1995 except
that such authority would continue in effect with respect to then
pending proceedings which, in the judgment of the agencies that
were parties t the dispute resolution proceedings, required such
continuation, until such proceedings terminated, was repealed by
Pub. L. 104-320, s 9, Oct. 19, 1996, 11 Stat. 3872.
Prior Provisions
A prior section 571, added
Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 388, relating to purpose
of Administrative Conference of the United States, was
redesignated section 591 of this title by Pub. L. 102-354, s
2(2), Aug. 26, 1992, 106 Stat. 944.
Short Title
1996 Amendments. Section 1
of Pub. L. 104-320, provided that: "This Act [enacting
section 570a of this title, amending sections 571, 573, 574, 575,
580, 581, and 583 of this title, section 2304 of Title 10, Armed
Forces, section 1491 of Title 28, Crimes and Criminal Procedure,
section 173 of Title 29, Labor, section 3556 of Title 31, Money
and Finance, and sections 253 and 605 of Title 41, Public
Contracts, repealing section 582 of this title, enacting
provisions set out as notes under section 563 of this title,
section 1491 of Title 28, and section 3556 of Title 31, amending
provisions set out as notes under section 571 of this title, and
repealing provisions set out as notes under section 571 of this
title] may be cited as the 'Administrative Dispute Resolution Act
of 1996' "
1990 Acts. Section 1 of Pub.
L. 101-552 provided that: "This Act [enacting this
subchapter, amending section 556 of this title and section 10 of
Title 9, Arbitration, section 2672 of Title 28, Judiciary and
Judicial Procedure, section 173 of Title 29, Labor, section 3711
of Title 31, Money and Finance, and sections 605 and 607 of Title
41, Public Contracts, and enacting provision set out as notes
under this section] may be cited as the 'Administrative Dispute
Resolution Act' "
Congressional Findings
Section 2 of Pub. L. 101-552
provided that: "The Congress finds that--
"(1) administrative
procedure, as embodied in chapter 5 of title 5, United States
Code [chapter 5 of this title], and other statutes, is intended
to offer a prompt, expert, and inexpensive means of resolving
disputes as an alternative to litigation in the Federal courts;
"(2) administrative
proceedings have become increasingly formal, costly, and lengthy
resulting in unnecessary expenditures of time and in a decreased
likelihood of achieving consensual resolution of disputes;
"(3) alternative means
of dispute resolution have been used in the private sector for
many years and, in appropriate circumstances, have yielded
decision that are faster, less expensive, and less contentious;
"(4) such alternative
means can lead to more creative, efficient, and sensible
outcomes;
"(5) such alternative
means may be used advantageously in a wide variety of
administrative programs;
"(6) explicit
authorization of the use of well-tested dispute resolution
techniques will eliminate ambiguity of agency authority under
existing law;
"(7) Federal agencies
may not only receive the benefit of techniques that well
developed in the private sector, but may also take the lead in
the further development and refinement of such techniques; and
"(8) the availability
of a wide range of dispute resolution procedures, and increased
understanding of the most effective use of such procedures, will
enhance the operation of the Government and better serve the
public."
Definitions
Section 10 of Pub. L.
101-552, as amended Pub. L. 102-354, s 5(b)(6), Aug. 26, 1992,
106 Stat. 946, provided that: "As used in this Act [Pub. L.
101-552 for distribution of which see Short Title of 1990 Acts
note set out under this section and Tables], the terms 'agency',
'administrative program', and 'alternative means of dispute
resolution' have the meanings given such terms in section 571 of
title 5, United States Code [this section] (enacted as section
581 of title 5, United States Code, by section 4(b) of this Act,
and redesignated as section 571 of such title by section 3(b) of
the Administrative Procedure Technical Amendments Act of 1991)
[Pub. L. 102-354]."
Promotion of Alternative
Means of Dispute Resolution
Section 3 of Pub. L.
101-552, as amended Pub. L. 104-320, s 4(a), Oct. 19, 199~ 110
Stat. 3871, provided that:
HISTORICAL AND STATUTORY NOTES
"(a) Promulgation of
agency policy.--Each agency shall adopt a policy that addresses
the use of alternative means of dispute resolution and case
management. In developing such a policy, each agency shall--
Use of Nonattorneys
Section 9 of Pub. L. 101-552
provided that:
"(a) Representation of
parties.--Each agency, in developing a policy on the use of
alternative means of dispute resolution under this Act [Pub. L.
101-552 for distribution of which, see Short Title note set out
under this section and Tables], shall develop a policy with
regard to the representation by persons other than attorneys of
parties in alternative dispute resolution proceedings and shall
identify any of its administrative programs with numerous claims
or disputes before the agency and determine--
"(1) the
extent to which individuals are represented or
assisted by attorney or by persons who are not
attorneys; and
"(2) whether the subject
areas of the applicable proceedings or the
procedures are so complex or specialized that
only attorneys may adequately provide such
representation or assistance.
"(b) Representation and
assistance by nonattorneys.--A person who is not an attorney may
provide representation or assistance to any individual in a claim
or dispute with an agency, if--
"(1) such
claim or dispute concerns an administrative
program identified under subsection (a);
"(2) such agency
determines that the proceeding or procedure does
not necessitate representation or assistance by
an attorney under subsection (a) (2); and
"(3)
such person meets any requirement of the agency
to provide representation or assistance in such a
claim or dispute.
"(c) Disqualification
of representation or assistance.--Any agency that adopts
regulations under subchapter IV of chapter 5 of title 5, United
States Code [subchapter IV of chapter 5 of this title], to permit
representation or assistance by persons who are not attorneys
shall review the rules of practice before such agency to--
"(1)
ensure that any rules pertaining to
disqualification of attorneys from practicing
before the agency shall also apply, as
appropriate, to other persons who provide
representation or assistance; and
"(2) establish
effective agency procedures for enforcing such
rules of practice and for receiving complaints
from affected persons."
Citation Rank(R) Database
5 USCA s 573 R4 OF 16 USC
5 U.S.C.A. s 573
UNITED STATES
CODE ANNOTATED
TITLE 5.
GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE
AGENCIES GENERALLY
CHAPTER
5--ADMINISTRATIVE PROCEDURE SUBCHAPTER IV--ALTERNATIVE MEANS OF
DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS
Current through PL 104-333,
approved 11-12-96
s 573. Neutrals
(a) A neutral may be a
permanent or temporary officer or employee of the Federal
Government or any other individual who is acceptable to the
parties to a dispute resolution proceeding. A neutral shall have
no official, financial, or personal conflict of interest with
respect to the issues in controversy, unless such interest is
fully disclosed in writing to all parties and all parties agree
that the neutral may serve.
(b) A neutral who serves as
a conciliator, facilitator, or mediator serves at the will of the
parties.
(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.
(d) An agency may use the
services of one or more employees of other agencies to serve as
neutrals in dispute resolution proceedings. The agencies may
enter into an interagency agreement that provides for the
reimbursement by the user agency or the parties of the full or
partial cost of the services of such an employee.
(e) Any agency may enter
into a contract with any person for services as a neutral, or for
training in connection with alternative means of dispute
resolution. The parties in a dispute resolution proceeding shall
agree on compensation for the neutral that is fair and reasonable
to the Government.
CREDIT ( S )
1996 Main
Volume
(Added Pub. L. 101-552, s
4(b), Nov. 15, 1990, 104 Stat. 2739, s 583, and renumbered s 573,
Pub. L. 102-354, s 3(b)(2), Aug. 26, 1992, 106 Stat. 944.)
1997
Electronic Pocket Part Update
(As amended Pub. L. 104-320,
s 7(b), Oct. 19, 1996, 110 Stat. 3872.)
HISTORICAL
AND STATUTORY NOTES
Revision Notes and
Legislative Reports
1990 Acts. Senate Report No.
101-543, see 1990 U.S. Code Cong. and Adm. News, p. 3931.
1992 Acts. House Report No.
102-372, see 1992 U.S. Code Cong. and Adm. News, p. 830.
Sunset Provisions
The termination of
amendments by Pub. L. 101-552 and authority to use dispute
resolution proceedings on Oct. 1, 1995, provided by section 11 of
Pub. L. 101552, set out as a note under section 571 of this
title, was repealed by Pub. L. 104-320, s 9, Oct. 19, 1996, 110
Stat. 3872.
Prior Provisions
A prior section 573, added
Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 389, and amended Pub. L.
99-470, s l(a), Oct. 14, 1986, 100 Stat. 1198, relating to
Administrative Conference of the United States, was redesignated
section 593 0 this title by Pub. L. 102-354, s 2(2), Aug. 26
,1992, 106 Stat. 944.
Definitions
Definitions of terms
"agency", "administrative program" and
"alternative mean of dispute resolution" set forth in
section 571 applicable to this section, se section 10 of Pub. L.
101-552, set out as a note under section 571 of this title.
Citation Rank(R) Database
5 USCA s 574 R 5 OF 16 USC
5 U.S.C.A. s 574
UNITED STATES
CODE ANNOTATED
TITLE 5.
GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE
AGENCIES GENERALLY
CHAPTER
5--ADMINISTRATIVE PROCEDURE SUBCHAPTER IV--ALTERNATIVE MEANS OF
DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS
Current through P.L.
104-333, approved 11-12-96
s 574. Confidentiality
(a) Except as provided in
subsections (d) and (e), a neutral in a dispute resolution
proceeding shall not voluntarily disclose or through discovery or
compulsory process be required to disclose any dispute resolution
communication or any communication provided in confidence to the
neutral, unless--
(1) all parties
to the dispute resolution proceeding and the
neutral consent in writing, and, if the dispute
resolution communication was provided by a
nonparty participant, that participant also
consents in writing;
(2) the dispute resolution
communication has already been made public;
(3) the
dispute resolution communication is required by
statute to be made public, but a neutral should
make such communication public only if no other
person is reasonably available to disclose the
communication; or
(4) a court
determines that such testimony or disclosure is
necessary to--
(A)
prevent a manifest injustice;
(B)
help establish a violation of
law; or
(C) prevent
harm to the public health or
safety, of sufficient magnitude
in the particular case to
outweigh the integrity of dispute
resolution proceedings in general
by reducing the confidence of
parties in future cases that
their communications will remain
confidential.
(b) A party to a dispute
resolution proceeding shall not voluntarily disclose or through
discovery or compulsory process be required to disclose any
dispute resolution communication, unless--
(1) the
communication was prepared by the party seeking
disclosure;
(2) all parties to the dispute
resolution proceeding consent in writing;
(3) the
dispute resolution communication has already been
made public;
(4) the
dispute resolution communication is required by
statute to be made public;
(5) a court
determines that such testimony or disclosure is
necessary to--
(A)
prevent a manifest injustice;
(B)
help establish a violation of
law; or
(C) prevent
harm to the public health and
safety, of sufficient magnitude
in the particular case to
outweigh the integrity of dispute
resolution proceedings in general
by reducing the confidence of
parties in future cases that
their communications will remain
confidential;
(6) the
dispute resolution communication is relevant to
determining the existence or meaning of an
agreement or award that resulted from the dispute
resolution proceeding or to the enforcement of
such an agreement or award;
(7) except
for dispute resolution communications generated
by the neutral, the dispute resolution
communication was provided to or was available to
all parties to the dispute resolution proceeding.
(c) Any dispute resolution
communication that is disclosed in violation of subsection (a) or
(b), shall not be admissible in any proceeding relating to the
issues in controversy with respect to which the communication was
made.
(d)
(1) The parties
may agree to alternative confidential procedures
for disclosures by a neutral. Upon such agreement
the parties shall inform the neutral before the
commencement of the dispute resolution proceeding
of any modifications to the provisions of
subsection (a) that will govern the
confidentiality of the dispute resolution
proceeding. If the parties do not s inform the
neutral, subsection (a) shall apply.
(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.
(e) If a demand for
disclosure, by way of discovery request or other legal process,
is made upon a neutral regarding a dispute resolution
communication, the neutral shall make reasonable efforts to
notify the parties and any affected nonparty participants of the
demand. Any party or affected nonparty participant who receives
such notice and within 15 calendar days does not offer to defend
a refusal of the neutral to disclose the requested information
shall have waived any objection to such disclosure.
(f) Nothing in this section
shall prevent the discovery or admissibility of any evidence that
is otherwise discoverable, merely because the evidence was
presented in the course of a dispute resolution proceeding.
(g) Subsections (a) and (b)
shall have no effect on the information and data that are
necessary to document an agreement reached or order issued
pursuant t a dispute resolution proceeding.
(h) Subsections (a) and (b)
shall not prevent the gathering of information for research or
educational purposes, in cooperation with other agencies,
governmental entities, or dispute resolution programs, so long as
the parties and the specific issues in controversy are not
identifiable.
(i) Subsections (a) and (b)
shall not prevent use of a dispute resolution communication to
resolve a dispute between the neutral in a dispute resolution
proceeding and a party to or participant in such proceeding, so
long as such dispute resolution communication is disclosed only
to the extent necessary to resolve such dispute.
(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).
CREDIT (S)
1996 Main
Volume
(Added Pub. L. 101-552, s
4(b), Nov. 15, 1990, 104 Stat. 2740, s 584, and renumbered s 574,
Pub. L. 102-354, s 3(b)(2), Aug. 26, 1992, 106 Stat. 944.)
1997
Electronic Pocket Part Update
(As amended Pub. L. 104-320,
s 3, Oct. 19, 1996, 110 Stat. 3870.)
HISTORICAL
AND STATUTORY NOTES
Revision Notes and
Legislative Reports
1990 Acts. Senate Report No.
101-543, see 1990 U.S. Code Cong. and Adm. News, p. 3931.
1992 Acts. House Report No.
102-372, see 1992 U.S. Code Cong. and Adm. News, p. 830.
Sunset Provisions
The termination of
amendments by Pub. L. 101-552 and authority to use dispute
resolution proceedings on Oct. 1, 1995, provided by section 11 of
Pub. L. 101552, set out as a note under section 571 of this
title, was repealed by Pub. L. 104-320, s 9, Oct. 19, 1996, 110
Stat. 3872.
Prior Provisions
A prior section 574, added
Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 390, and amended Pub. L.
101-422, s 2, Oct. 12, 1990, 104 Stat. 910, relating to powers
and duties of Administrative Conference of the United States, was
redesignatec section 594 of this title by Pub. L. 102-354, s
2(2), Aug. 26, 1992, 106 Stat. 944.
Definitions
Definitions of terms
"agency", "administrative program" and
"alternative meat of dispute resolution" set forth in
section 571 applicable to this section, s~ section 10 of Pub. L.
101-552, set out as a note under section 571 of this title.
Citation Rank(R) Database
5 USCA s 575 R 6 OF 16 USC
5 U.S.C.A. s 575
UNITED STATES
CODE ANNOTATED
TITLE 5.
GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE
AGENCIES GENERALLY
CHAPTER
5--ADMINISTRATIVE PROCEDURE SUBCHAPTER IV--ALTERNATIVE MEANS OF
DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS
Current through P.L.
104-333, approved 11-12-96
s 575. Authorization of
arbitration
(a)
(1) Arbitration
may be used as an alternative means of dispute
resolution whenever all parties consent. Consent
may be obtained either before or after an issue
in controversy has arisen. A party may agree to--
(A)
submit only certain issues in
controversy to arbitration; or
(B)
arbitration on the condition that
the award must be within a range
of possible outcomes.
(2) The
arbitration agreement that sets forth the subject
matter submitted t~ the arbitrator shall be in
writing. 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) An
agency may not require any person to consent to
arbitration as a condition of entering into a
contract or obtaining a benefit.
(b) An officer or employee
of an agency shall not offer to use arbitration f~ the resolution
of issues in controversy unless such officer or employee'-
(1) would
otherwise have authority to enter into a
settlement concerning matter; or
(2) is otherwise
specifically authorized by the agency to consent
to the us of arbitration.
(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.
CREDIT(S)
1996 Main
Volume
(Added Pub. L.
101-552, s 4(b), Nov. 15, 1990, 104 Stat. 2742, s 585, and
renumbered s 575, Pub. L. 102-354, s 3(b)(2), Aug. 26, 1992, 106
Stat. 944.)
1997
Electronic Pocket Part Update
(As amended Pub. L. 1~4-~, s
8(c), Oct. 19, 1996, 110 Stat. 3872.)
HISTORICAL
NOTES -- HISTORICAL AND STATUTORY NOTES
Revision Notes and
Legislative Reports
1990 Acts. Senate Report No.
101-543, see 1990 U.S. Code Cong. and Adm. News, p. 3931.
1992 Acts. House Report No.
102-372, see 1992 U.S. Code Cong. and Adm. News, p. 830.
Sunset Provisions
The termination of
amendments by Pub. L. 101-552 and authority to use dispute
resolution proceedings on Oct. 1, 1995, provided by section 11 of
Pub. L. 101552, set out as a note under section 571 of this
title, was repealed by Pub. L. 104-320, s 9, Oct. 19, 1996, 110
Stat. 3872.
Prior Provisions
A prior section 575, added
Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 390, and amended Pub. L.
92-526, s 1, Oct. 21, 1972, 86 Stat. 1048; Pub. L. 97-258, s
3(a)(1), Sept. 13, 1982, 96 Stat. 1062; Pub. L. 101-422, s 3,
Oct. 12, 1990, 104 Stat. 910, relating to organization of
Administrative Conference of the United States, was redesignated
section 595 of this title by Pub. L. 102-354, s 2(2), Aug. 26,
1992, 106 Stat. 944.
Definitions
Definitions of terms
"agency", "administrative program" and
"alternative mean of dispute resolution" set forth in
section 571 applicable to this section, se section 10 of Pub. L.
101-552, set out as a note under section 571 of this title.
Citation Rank (R) Database
5 USCA s 580 R 7 OF 16 USC
5 U.S.C.A. s 580
UNITED STATES
CODE ANNOTATED
TITLE 5.
GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE
AGENCIES GENERALLY
CHAPTER
5--ADMINISTRATIVE PROCEDURE SUBCHAPTER IV--ALTERNATIVE MEANS OF
DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS
Current through P.L.
104-333, approved 11-12-96
s 580. Arbitration awards
(a)
(1) Unless the
agency provides otherwise by rule, the award in
an arbitration proceeding under this subchapter
shall include a brief, informal discussion of the
factual and legal basis for the award, but formal
findings c fact or conclusions of law shall not
be required.
(2) The prevailing parties
shall file the award with all relevant agencies,
along with proof of service on all parties.
(b) The award in an
arbitration proceeding shall become final 30 days after is served
on all parties. Any agency that is a party to the proceeding may
extend this 30-day period for an additional 30-day period by
serving a notice of such extension on all other parties before
the end of the first 30-day period.
(c) A final award is binding
on the parties to the arbitration proceeding, and may be enforced
pursuant to sections 9 through 13 of title 9. No action brought
to enforce such an award shall be dismissed nor shall relief
therein denied on the grounds that it is against the United
States or that the United States is an indispensable party.
(d) An award entered under
this subchapter in an arbitration proceeding may not serve as an
estoppel in any other proceeding for any issue that was resolved
in the proceeding. Such an award also may not be used as
precedent otherwise be considered in any factually unrelated
proceeding, whether conducted under this subchapter, by an
agency, or in a court, or in any other arbitration proceeding.
[ (e) Redesignated (d) ]
[(f) and (g) Repealed. Pub.
L. 104-320, s 8(a)(1), Oct. 19, 1996, 110 Stat. 3872]
CREDIT(S)
1996 Main
Volume
(Added Pub. L. 101-552, s
4(b), Nov. 15, 1990, 104 Stat. 2743, s 590, and renumbered s 580
and amended Pub. L. 102-354, ss 3(b)(2), 5(b)(3), Aug. 26, 1992,
106 Stat. 944, 946.)
1997
Electronic Pocket Part Update
(As amended Pub. L. 104-320,
s 8(a), Oct. 19, 1996, 110 Stat. 3872.)
HISTORICAL
AND STATUTORY NOTES
Revision Notes and
Legislative Reports
1990 Acts. Senate Report No.
101-543, see 1990 U.S. Code Cong. and Adm. News, p. 3931.
1992 Acts. House Report No.
102-372, see 1992 U.S. Code Cong. and Adm. News, p. 830.
Amendments
1992 Amendments. Subsec.
(g). Pub. L. 102-354, s 5(b)(3), substituted "fees and other
expenses" for "attorney fees and expenses".
Sunset Provisions
The termination of
amendments by Pub. L. 101-552 and authority to use dispute
resolution proceedings on Oct. 1, 1995, provided by section 11 of
Pub. L. 101552, set out as a note under section 571 of this
title, was repealed by Pub. L. 104-320, s 9, Oct. 19, 1996, 110
Stat. 3872.
Definitions
Definitions of terms
"agency", "administrative program" and
"alternative mean of dispute resolution" set forth in
section 571 applicable to this section, se section 10 of Pub. L.
101-552, set out as a note under section 571 of this title.
Citation Rank(R) Database
5 USCA s 581 R 8 OF 16 USC
5 U.S.C.A. s 581
UNITED STATES
CODE ANNOTATED
TITLE 5.
GOVERNMENT ORGANIZATION AND EMPLOYEES
PART I--THE
AGENCIES GENERALLY
CHAPTER
5--ADMINISTRATIVE PROCEDURE SUBCHAPTER IV--ALTERNATIVE MEANS OF
DISPUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS
Current through P.L.
104-333, approved 11-12-96
s 581. Judicial Review [FN1]
(a) Notwithstanding any
other provision of law, any person adversely affected or
aggrieved by an award made in an arbitration proceeding conducted
under the subchapter may bring an action for review of such award
only pursuant to the provisions of sections 9 through 13 of title
9.
(b) A decision by an agency
to use or not to use a dispute resolution proceeding under this
subchapter shall be committed to the discretion of the agency and
shall not be subject to judicial review, except that arbitration
shall be subject to judicial review under section 10(b) of title
9.
CREDIT (S)
1996 Main
Volume
(Added Pub. L. 101-552, s
4(b), Nov. 15, 1990, 104 Stat. 2744, s 591, and renumbered s 581
and amended Pub. L. 102-354, s 3(b)(2), (4), Aug. 26, 1992, 1[
Stat. 944, 945.)
1997
Electronic Pocket Part Update
(As amended Pub. L. 104-320,
s 8(b), Oct. 19, 1996, 110 Stat. 3872.)
[FN1] So in original.
Probably should not be capitalized.
HISTORICAL
AND STATUTORY NOTES
Revision Notes and
Legislative Reports
1990 Acts. Senate Report No.
101-543, see 1990 U.S. Code Cong. and Adm. News, p. 3931.
1992 Acts. House Report No.
102-372, see 1992 U.S. Code Cong. and Adm. News, p. 830.
Codifications
Amendments by section 8(b)
of Pub. L. 104-320 were executed to subsec. (b) as the probable
intent of Congress, despite directory language purporting to
require the amendment of subsec. (d). This section contains no
subsec. (d).
1996 Amendments. Subsec.
(b). Pub. L. 104-320, s 8(b), redesignated par. (1) as entire
subsec. (b), and struck out par. (2) which related to termination
arbitration proceedings or vacation of arbitral awards.
Amendments
1992 Amendments. Subsec.
(b)(2). "section 580" for "section 590".
Pub. L. 102-354, s 3 (b)
(4), substituted
Sunset Provisions
The termination of
amendments by Pub. L. 101-552 and authority to use dispute
resolution proceedings on Oct. 1, 1995, provided by section 11 of
Pub. L. 101552, set out as a note under section 571 of this
title, was repealed by Pub. L 104-320, s 9, Oct. 19, 1996, 110
Stat. 3872.
Prior Provisions
A prior section 581, added
Pub. L. 101-648, s 3(a), Nov. 29, 1990, 104 Stat. 4970, relating
to purposes of provisions relating to negotiated rulemaking
procedure, was redesignated section 561 of this title by Pub. L.
102-354, s 3(a) (2), Aug. 26, 1992, 106 Stat. 944.
Another prior section 581,
added Pub. L. 101-552, s 4(b), Nov. 15, 1990, 104 Stat. 2738,
defining terms for purposes of this subchapter, was redesignated
section 571 of this title by Pub. L. 102-354, s 3(b)(2), Aug. 26,
1992, 106 Stat. 944.
Definitions
Definitions of terms
"agency", "administrative program" and
"alternative means of dispute resolution" set forth in
section 571 applicable to this section, s section 10 of Pub. L.
101-552, set out as a note under section 571 of this title.
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THE WHITE HOUSE
Office of the Press Secretary
(Palo Alto, California)
For Immediate Release
May 1, 1998
MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: Designation of Interagency Committees to Facilitate and
Encourage Agency Use of Alternate Means of Dispute
Resolution and Negotiated Rulemaking
As part of an effort to make the Federal Government operate in a more
efficient and effective manner, and to encourage, where possible,
consensual resolution of disputes and issues in controversy involving
the United States, including the prevention and avoidance of disputes,
I have determined that each Federal agency must take steps to:
- promote greater use of mediation, arbitration, early neutral
evaluation, agency ombuds, and other alternative dispute resolution
techniques, and
- promote greater use of negotiated rulemaking.
By the authority vested in me as President by the Constitution and
laws of the United States including sections 569(a) and 573(c) of title 5,
United States Code, as amended by the Administrative Dispute
Resolution Act of 1996 (Public Law 104-320), I hereby direct as follows:
An Alternative Dispute Resolution Working Group, comprised of the
Cabinet Departments and, as determined by the Attorney General, such
other agencies with a significant interest in dispute resolution,
shall be convened and is designated under 5 U.S.C. 573(c) as the interagency
committee to facilitate and encourage agency use of alternative means
of dispute resolution. The Working Group shall consist of
representatives of the heads of all participating agencies, and may
meet as a whole or in subgroups of agencies with an interest in
particular issues or subject areas, such as disputes involving
personnel, procurement, and claims. The Working Group shall be
convened by the Attorney General, who may designate a representative
to convene and facilitate meetings of the subgroups. The Working
Group shall facilitate, encourage, and provide coordination for agencies in
such areas as:
- development of programs that employ alternative
means of dispute resolution,
- training of agency personnel to
recognize when and how to use alternative means of dispute resolution,
- development of procedures that permit agencies to obtain the
services of neutrals on an expedited basis, and
- recordkeeping to ascertain the benefits of alternative means of dispute resolution.
The Working Group shall also periodically advise the President, through
the Director of the Office of Management and Budget, on its activities.
The Regulatory Working Group established under section 4(d) of
Executive Order 12866 is designated under 5 U.S.C. 569(a) as the
interagency committee to facilitate and encourage agency use of
negotiated rulemaking.
This directive is for the internal management of the executive branch
and does not create any right or benefit, substantive or procedural,
enforceable by a party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
WILLIAM J. CLINTON
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