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5 U.S.C. § 582 — Repealed. Pub. L. 104–320, § 4(b)(1), Oct. 19, 1996, 110 Stat. 3871]
Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2744, § 592; renumbered § 582, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944, related to compilation of data on use of alternative means of dispute resolution in conducting agency proceedings.
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Source file: Laws/federal/codes/united-states-code/title-5/section-582-repealed-pub-l-104320-4-b-1-oct-19-1996-110-stat-3871--6580c9cd81.md
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Source location: Title 5, Chapter 5, § 582; chapter-005-administrative-procedure.md
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### Statutory Notes
Section, added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2744, § 592; renumbered § 582, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944, related to compilation of data on use of alternative means of dispute resolution in conducting agency proceedings.
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Federal law — U.S. Code and appendices · legal_authorities
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) “consensus” means unanimous concurrence among the interests represented on a negotiated rulemaking committee established under this subchapter, unless such committee—
(A) agrees to define such term to mean a general but not unanimous concurrence; or
(B) agrees upon another specified definition;
(3) “convener” means a person who impartially assists an agency in determining whether establishment of a negotiated rulemaking committee is feasible and appropriate in a particular rulemaking;
(4) “facilitator” means a person who impartially aids in the discussions and negotiations among the members of a negotiated rulemaking committee to develop a proposed rule;
(5) “interest” means, with respect to an issue or matter, multiple parties which have a similar point of view or which are likely to be affected in a similar manner;
(6) “negotiated rulemaking” means rulemaking through the use of a negotiated rulemaking committee;
(7) “negotiated rulemaking committee” or “committee” means an advisory committee established by an agency in accordance with this subchapter and chapter 10 of this title to consider and discuss issues for the purpose of reaching a consensus in the development of a proposed rule;
(8) “party” has the same meaning as in [section 551(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/3&num=0&edition=prelim);
(9) “person” has the same meaning as in [section 551(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/2&num=0&edition=prelim);
(
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 562
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 571
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An agency may use a dispute resolution proceeding for the resolution of an issue in controversy that relates to an administrative program, if the parties agree to such proceeding.
**(b)** An agency shall consider not using a dispute 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 accepted generally as an authoritative precedent;
(2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency;
(3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;
(4) the matter significantly affects persons or organizations who are not parties to the proceeding;
(5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and
(6) the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency’s fulfilling that requirement.
**(c)** Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 572
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Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “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, except that it does not include a military or foreign affairs function of the United States;
(2) “administrative agency” means an authority as defined by [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); and
(3) “administrative procedure” means procedure used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 592
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Federal law — U.S. Code and appendices · legal_authorities
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
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 582
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