Notes on 5 U.S.C. § 571 : US Code - Notes
Search Notes on 5 U.S.C. § 571 : US Code - Notes
(Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2738,
Sec. 581; renumbered Sec. 571 and amended Pub. L. 102-354, Secs.
3(b)(2), 5(b)(1), (2), Aug. 26, 1992, 106 Stat. 944, 946; Pub. L.
104-320, Sec. 2, Oct. 19, 1996, 110 Stat. 3870.)
CODIFICATION
Section 571 of former Title 5, Executive Departments and
Government Officers and Employees, was transferred to section 2256
of Title 7, Agriculture.
PRIOR PROVISIONS
A prior section 571 was renumbered section 591 of this title.
AMENDMENTS
1996 - Par. (3). Pub. L. 104-320, Sec. 2(1), struck out ", in
lieu of an adjudication as defined in section 551(7) of this
title," after "any procedure that is used", struck out "settlement
negotiations," after "but not limited to," and substituted
"arbitration, and use of ombuds" for "and arbitration".
Par. (8). Pub. L. 104-320, Sec. 2(2), substituted "decision;" for
"decision," at end of subpar. (B), and struck out closing
provisions which read as follows: "except that such term shall not
include any matter specified under section 2302 or 7121(c) of this
title;".
1992 - Pub. L. 102-354, Sec. 3(b)(2), renumbered section 581 of
this title as this section.
Par. (3). Pub. L. 102-354, Sec. 5(b)(1), inserted comma after
"including".
Par. (8). Pub. L. 102-354, Sec. 5(b)(2), amended par. (8)
generally. Prior to amendment, par. (8) read as follows: " '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 between the agency and persons who would be
substantially affected by the decision but shall not extend to
matters specified under the provisions of sections 2302 and 7121(c)
of title 5;".
TERMINATION DATE; SAVINGS PROVISION
Section 11 of Pub. L. 101-552, as amended by Pub. L. 104-106,
div. D, title XLIII, Sec. 4321(i)(5), Feb. 10, 1996, 110 Stat. 676,
which provided that the authority of agencies to use dispute
resolution proceedings under this Act [see Short Title note below]
was to terminate on Oct. 1, 1995, except with respect to pending
proceedings, was repealed by Pub. L. 104-320, Sec. 9, Oct. 19,
1996, 110 Stat. 3872.
SHORT TITLE OF 1996 AMENDMENT
Section 1 of Pub. L. 104-320 provided that: "This Act [enacting
sections 570a and 584 of this title, amending this section,
sections 569, 573 to 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 this section, and
repealing provisions set out as notes under this section and
section 561 of this title] may be cited as the 'Administrative
Dispute Resolution Act of 1996'."
SHORT TITLE
Section 1 of Pub. L. 101-552 provided that: "This Act [enacting
this subchapter, amending section 556 of this title, 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 provisions 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, 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 decisions 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 were 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 an increased understanding of the most effective
use of such procedures, will enhance the operation of the
Government and better serve the public."
PROMOTION OF ALTERNATIVE MEANS OF DISPUTE RESOLUTION
Section 3 of Pub. L. 101-552, as amended by Pub. L. 104-320, Sec.
4(a), Oct. 19, 1996, 110 Stat. 3871, provided that:
"(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 -
"(1) consult with the agency designated by, or the interagency
committee designated or established by, the President under
section 573 of title 5, United States Code, to facilitate and
encourage agency use of alternative dispute resolution under
subchapter IV of chapter 5 of such title; and
"(2) examine alternative means of resolving disputes in
connection with -
"(A) formal and informal adjudications;
"(B) rulemakings;
"(C) enforcement actions;
"(D) issuing and revoking licenses or permits;
"(E) contract administration;
"(F) litigation brought by or against the agency; and
"(G) other agency actions.
"(b) Dispute Resolution Specialists. - The head of each agency
shall designate a senior official to be the dispute resolution
specialist of the agency. Such official shall be responsible for
the implementation of -
"(1) the provisions of this Act [see Short Title note above]
and the amendments made by this Act; and
"(2) the agency policy developed under subsection (a).
"(c) Training. - Each agency shall provide for training on a
regular basis for the dispute resolution specialist of the agency
and other employees involved in implementing the policy of the
agency developed under subsection (a). Such training should
encompass the theory and practice of negotiation, mediation,
arbitration, or related techniques. The dispute resolution
specialist shall periodically recommend to the agency head agency
employees who would benefit from similar training.
"(d) Procedures for Grants and Contracts. -
"(1) Each agency shall review each of its standard agreements
for contracts, grants, and other assistance and shall determine
whether to amend any such standard agreements to authorize and
encourage the use of alternative means of dispute resolution.
"(2)(A) Within 1 year after the date of the enactment of this
Act [Nov. 15, 1990], the Federal Acquisition Regulation shall be
amended, as necessary, to carry out this Act [see Short Title
note above] and the amendments made by this Act.
"(B) For purposes of this section, the term 'Federal
Acquisition Regulation' means the single system of Government-
wide procurement regulation referred to in section 6(a) of the
Office of Federal Procurement Policy Act (41 U.S.C. 405(a))."
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 [see Short Title note above], 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 attorneys 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, 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."
DEFINITIONS
Section 10 of Pub. L. 101-552, as amended by Pub. L. 102-354,
Sec. 5(b)(6), Aug. 26, 1992, 106 Stat. 946, provided that: "As used
in this Act [see Short Title note above], 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 (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])."