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5 U.S.C. § 573 — Neutrals

Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 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.

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Source location: Title 5, Chapter 5, § 573; chapter-005-administrative-procedure.md

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Federal law — U.S. Code and appendices · legal_authorities

7 U.S.C. § 2258 — Purchase of newspapers

The Department of Agriculture is authorized to subscribe for such newspapers as may be necessary to carry out its authorized work.

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 593 — Administrative Conference of the United States

**(a)** The Administrative Conference of the United States consists of not more than 101 nor less than 75 members appointed as set forth in subsection (b) of this section. **(b)** The Conference is composed of— (1) a full-time Chairman appointed for a 5-year term by the President, by and with the advice and consent of the Senate. The Chairman is entitled to pay at the highest rate established by statute for the chairman of an independent regulatory board or commission, and may continue to serve until his successor is appointed and has qualified; (2) the chairman of each independent regulatory board or commission or an individual designated by the board or commission; (3) the head of each Executive department or other administrative agency which is designated by the President, or an individual designated by the head of the department or agency; (4) when authorized by the Council referred to in [section 595(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section595/b&num=0&edition=prelim), one or more appointees from a board, commission, department, or agency referred to in this subsection, designated by the head thereof with, in the case of a board or commission, the approval of the board or commission; (5) individuals appointed by the President to membership on the Council who are not otherwise members of the Conference; and (6) not more than 40 other members appointed by the Chairman, with the approval of the Council, for terms of 2 years, except that the number of members appointed by the Chairman may at no time be less than one-third nor more than two-fifths of the total number of members. The Chairman shall select the members in a manner which will provide broad representation of the views of private citizens and utilize

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 583 — Support services

For the purposes of this subchapter, an agency may use (with or without reimbursement) the services and facilities of other Federal agencies, State, local, and tribal governments, public and private organizations and agencies, and individuals, with the consent of such agencies, organizations, and individuals. An agency may accept voluntary and uncompensated services for purposes of this subchapter without regard to the provisions of [section 1342 of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section1342&num=0&edition=prelim).

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29 U.S.C. § 173 — Functions of Service

**(a) Settlement of disputes through conciliation and mediation** It shall be the duty of the Service, in order to prevent or minimize interruptions of the free flow of commerce growing out of labor disputes, to assist parties to labor disputes in industries affecting commerce to settle such disputes through conciliation and mediation. **(b) Intervention on motion of Service or request of parties; avoidance of mediation of minor disputes** The Service may proffer its services in any labor dispute in any industry affecting commerce, either upon its own motion or upon the request of one or more of the parties to the dispute, whenever in its judgment such dispute threatens to cause a substantial interruption of commerce. The Director and the Service are directed to avoid attempting to mediate disputes which would have only a minor effect on interstate commerce if State or other conciliation services are available to the parties. Whenever the Service does proffer its services in any dispute, it shall be the duty of the Service promptly to put itself in communication with the parties and to use its best efforts, by mediation and conciliation, to bring them to agreement. **(c) Settlement of disputes by other means upon failure of conciliation** If the Director is not able to bring the parties to agreement by conciliation within a reasonable time, he shall seek to induce the parties voluntarily to seek other means of settling the dispute without resort to strike, lock-out, or other coercion, including submission to the employees in the bargaining unit of the employer’s last offer of settlement for approval or rejection in a secret ballot. The failure or refusal of either party to agree to any procedure suggested by the Director shall not be deemed a violation of any duty or

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 571 — Definitions

For the purposes of this subchapter, the term— (1) “agency” has the same meaning as in [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); (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 as 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 expectat

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 577 — Arbitrators

**(a)** The parties to an arbitration proceeding shall be entitled to participate in the selection of the arbitrator. **(b)** The arbitrator shall be a neutral who meets the criteria of [section 573 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section573&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

5 U.S.C. § 573 — Neutrals

Page 160 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 572 ‘‘(c) DISQUALIFICATION OF REPRESENTATION OR ASSIST- ANCE.—Any agency that adopts regulations under sub- chapter 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 be- fore such agency to— ‘‘(1) ensure that any rules pertaining to disquali- fication of attorneys from practicing before the agen- cy shall also apply, as appropriate, to other persons who provide representation or assistance; and ‘‘(2) establish effective agency procedures for en- forcing such rules of practice and for receiving com- plaints from affected persons.’’ DEFINITIONS Pub. L. 101–552, § 10, Nov. 15, 1990, 104 Stat. 2747, as amended by Pub. L. 102–354, § 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 Amend- ments Act of 1991 [Pub. L. 102–354]).’’ § 572. General authority (a) An agency may use a dispute resolution proceeding for the resolution of an issue in con- troversy that relates to an administrative pro- gram, if the parties agree to such proceeding. (b) An agency shall consider not using a dis- pute resolution proceeding if— (1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be ac- cepted generally as an authoritative

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