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5 U.S.C. § 561 — Purpose
Federal law — U.S. Code and appendices · legal_authorities
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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Source location: Title 5, Chapter 5, § 561; chapter-005-administrative-procedure.md
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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
For the purpose of this subchapter—
(1) “agency” means each authority of the Government of the United States, whether or not it is within or subject to review by another agency, but does not include—
(A) the Congress;
(B) the courts of the United States;
(C) the governments of the territories or possessions of the United States;
(D) the government of the District of Columbia;
or except as to the requirements of [section 552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section552&num=0&edition=prelim)—
(E) agencies composed of representatives of the parties or of representatives of organizations of the parties to the disputes determined by them;
(F) courts martial and military commissions;
(G) military authority exercised in the field in time of war or in occupied territory; or
(H) functions conferred by sections 1738, 1739, 1743, and 1744 of title 12; subchapter II of chapter 471 of title 49; or sections 1884, 1891–1902, and former section 1641(b)(2), of title 50, appendix; 11 See References in Text note below.
(2) “person” includes an individual, partnership, corporation, association, or public or private organization other than an agency;
(3) “party” includes a person or agency named or admitted as a party, or properly seeking and entitled as of right to be admitted as a party, in an agency proceeding, and a person or agency admitted by an agency as a party for limited purposes;
(4) “rule” means the whole or a part of an agency statement of general or particular applicability and future effect designed to implement, interpret, or prescribe law or policy or describing the organization, procedure, or practice requirements of an agency and includes the approval or prescription for the future of rates, wa
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 551
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 581
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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) 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
Source: Supplied U.S. Code snapshot — release unconfirmed · 29 U.S.C. § 173
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** This section applies, according to the provisions thereof, except to the extent that there is involved—
(1) a military or foreign affairs function of the United States; or
(2) a matter relating to agency management or personnel or to public property, loans, grants, benefits, or contracts.
**(b)** General notice of proposed rule making shall be published in the Federal Register, unless persons subject thereto are named and either personally served or otherwise have actual notice thereof in accordance with law. The notice shall include—
(1) a statement of the time, place, and nature of public rule making proceedings;
(2) reference to the legal authority under which the rule is proposed;
(3) either the terms or substance of the proposed rule or a description of the subjects and issues involved; and
(4) the Internet address of a summary of not more than 100 words in length of the proposed rule, in plain language, that shall be posted on the Internet website under section 206(d) of the E-Government Act of 2002 ([44 U.S.C. 3501](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title44-section3501&num=0&edition=prelim) note) (commonly known as regulations.gov).
Except when notice or hearing is required by statute, this subsection does not apply—
(A) to interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice; or
(B) when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefor in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.
**(c)** After notice required by this section, the agency shall give interested persons an opportunity to participate in the rule making through subm
Source: Supplied U.S. Code snapshot — release unconfirmed · 5 U.S.C. § 553
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** In any of the following cases the United States court in and for the district wherein the award was made may make an order vacating the award upon the application of any party to the arbitration—
(1) where the award was procured by corruption, fraud, or undue means;
(2) where there was evident partiality or corruption in the arbitrators, or either of them;
(3) where the arbitrators were guilty of misconduct in refusing to postpone the hearing, upon sufficient cause shown, or in refusing to hear evidence pertinent and material to the controversy; or of any other misbehavior by which the rights of any party have been prejudiced; or
(4) where the arbitrators exceeded their powers, or so imperfectly executed them that a mutual, final, and definite award upon the subject matter submitted was not made.
**(b)** If an award is vacated and the time within which the agreement required the award to be made has not expired, the court may, in its discretion, direct a rehearing by the arbitrators.
**(c)** The United States district court for the district wherein an award was made that was issued pursuant to [section 580 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section580&num=0&edition=prelim) may make an order vacating the award upon the application of a person, other than a party to the arbitration, who is adversely affected or aggrieved by the award, if the use of arbitration or the award is clearly inconsistent with the factors set forth in [section 572 of title 5](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section572&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 9 U.S.C. § 10
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary may issue, in accordance with subsections (b) through (d) and subject to [section 6311(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/e&num=0&edition=prelim), such regulations as are necessary to reasonably ensure that there is compliance with this subchapter.
**(b) Negotiated rulemaking process**
(1) **In general** — Before publishing in the Federal Register proposed regulations to carry out this subchapter, the Secretary shall obtain the advice and recommendations of representatives of Federal, State, and local administrators, parents, teachers, principals, other school leaders (including charter school leaders), paraprofessionals, and members of local school boards and other organizations involved with the implementation and operation of programs under this subchapter.
(2) **Meetings and electronic exchange** — Such advice and recommendations may be obtained through such mechanisms as regional meetings and electronic exchanges of information. Such regional meetings and electronic exchanges of information shall be public and notice of such meetings and exchanges shall be provided to interested stakeholders.
(3) **Proposed regulations** — After obtaining such advice and recommendations, and before publishing proposed regulations, the Secretary shall—
(A) establish a negotiated rulemaking process on, at a minimum, standards, assessments under [section 6311(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6311/b/2&num=0&edition=prelim), and the requirement under [section 6321 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title20-section6321&num=0&edition=prelim) that funds under part A be used to supplem
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Federal law — U.S. Code and appendices · legal_authorities
Page 153
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 561
this title, or the provisions of section 5335(a)(B)
of this title that relate to administrative law
judges, except to the extent that it does so ex-
pressly.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388; Pub. L.
90–623, § 1(1), Oct. 22, 1968, 82 Stat. 1312; Pub. L.
95–251, § 2(a)(1), Mar. 27, 1978, 92 Stat. 183; Pub. L.
95–454, title VIII, § 801(a)(3)(B)(iii), Oct. 13, 1978,
92 Stat. 1221.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 1011.
June 11, 1946, ch. 324, § 12, 60
Stat. 244.
In the first and last sentences, the words ‘‘This sub-
chapter, chapter 7, and sections 1305, 3105, 3344,
4301(2)(E), 5362, and 7521, and the provisions of section
5335(a)(B) of this title that relate to hearing exam-
iners’’ are substituted for ‘‘this Act’’ to reflect the
codification of the Act in this title. The words ‘‘to di-
minish the constitutional rights of any person or’’ are
omitted as surplusage as there is nothing in the Act
that can reasonably be construed to diminish those
rights and because a statute may not operate in dero-
gation of the Constitution.
The third sentence of former section 1011 is omitted
as covered by technical section 7. The sixth sentence of
former section 1011 is omitted as executed.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Editorial Notes
AMENDMENTS
1978—Pub. L. 95–454 substituted ‘‘5372’’ for ‘‘5362’’
wherever appearing.
Pub. L. 95–251 substituted ‘‘administrative law
judges’’ for ‘‘hearing examiners’’ wherever appearing.
1968—Pub. L. 90–623 inserted ‘‘of this title’’ after
‘‘7521’’ wherever a
Source: Supplied 2024 U.S. Code historical extraction · 5 U.S.C. § 561
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