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5 U.S.C. § 581 — Judicial Review 11 So in original. Probably should not be capitalized.

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

5 U.S.C. § 581 — Judicial Review 11 So in original. Probably should not be capitalized.

**(a)** Notwithstanding any other provision of law, any person adversely affected or aggrieved by an award made in an arbitration proceeding conducted under this 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) 22 See References in Text note below. of title 9.

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Source location: Title 5, Chapter 5, § 581; chapter-005-administrative-procedure.md

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

5 U.S.C. § 591 — Purposes

The purposes of this subchapter are— (1) to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public interest; (2) to promote more effective public participation and efficiency in the rulemaking process; (3) to reduce unnecessary litigation in the regulatory process; (4) to improve the use of science in the regulatory process; and (5) to improve the effectiveness of laws applicable to the regulatory process.

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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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5 U.S.C. § 561 — Purpose

The purpose of this subchapter is to establish a framework for the conduct of negotiated rulemaking, consistent with [section 553 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section553&num=0&edition=prelim), to encourage agencies to use the process when it enhances the informal rulemaking process. Nothing in this subchapter should be construed as an attempt to limit innovation and experimentation with the negotiated rulemaking process or with other innovative rulemaking procedures otherwise authorized by law.

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

5 U.S.C. § 581 — Judicial Review 1

Page 164 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 581 1 So in original. Probably should not be capitalized. 2 See References in Text note below. a party to an arbitration proceeding conducted under this subchapter is authorized to terminate the arbitra- tion proceeding or vacate any award issued pursuant to the proceeding before the award becomes final by serv- ing on all other parties a written notice to that effect, in which case the award shall be null and void. Notice shall be provided to all parties to the arbitration pro- ceeding of any request by a party, nonparty participant or other person that the agency head terminate the ar- bitration proceeding or vacate the award. An employee or agent engaged in the performance of investigative or prosecuting functions for an agency may not, in that or a factually related case, advise in a decision under this subsection to terminate an arbitration proceeding or to vacate an arbitral award, except as witness or counsel in public proceedings.’’ Subsecs. (d), (e). Pub. L. 104–320, § 8(a)(2), redesignated subsec. (e) as (d). Former subsec. (d) redesignated (c). Subsecs. (f), (g). Pub. L. 104–320, § 8(a)(1), struck out subsecs. (f) and (g) which read as follows: ‘‘(f) An arbitral award that is vacated under sub- section (c) shall not be admissible in any proceeding re- lating to the issues in controversy with respect to which the award was made. ‘‘(g) If an agency head vacates an award under sub- section (c), a party to the arbitration (other than the United States) may within 30 days of such action peti- tion the agency head for an award of fees and other ex- penses (as defined in section 504(b)(1)(A) of this title) incurred in connection with the arbitration proceeding. The agency head shall award

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