5 U.S.C. § 576 — Enforcement of arbitration agreements

Page 162 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 575 Editorial Notes CODIFICATION Section 574 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2255 of Title 7, Agriculture. Section 574a of former Title 5, Executive Depart- ments and Government Officers and Employees, was transferred to section 2226 of Title 7. PRIOR PROVISIONS A prior section 574 was renumbered section 594 of this title. AMENDMENTS 1996—Subsecs. (a), (b). Pub. L. 104–320, § 3(a), in intro- ductory provisions struck out ‘‘any information con- cerning’’ after ‘‘be required to disclose’’. Subsec. (b)(7). Pub. L. 104–320, § 3(b), amended par. (7) generally. Prior to amendment, par. (7) read as follows: ‘‘the dispute resolution communication was provided to or was available to all parties to the dispute resolution proceeding’’. Subsec. (d). Pub. L. 104–320, § 3(c), designated existing provisions as par. (1) and added par. (2). Subsec. (j). Pub. L. 104–320, § 3(d), amended subsec. (j) generally. Prior to amendment, subsec. (j) read as fol- lows: ‘‘This section shall not be considered a statute specifically exempting disclosure under section 552(b)(3) of this title.’’ 1992—Pub. L. 102–354 renumbered section 584 of this title as this section. § 575. Authorization of arbitration (a)(1) Arbitration may be used as an alter- native means of dispute resolution whenever all parties consent. Consent may be obtained either before or after an issue in controversy has aris- en. A party may agree to— (A) submit only certain issues in con- troversy to arbitration; or (B) arbitration on the condition that the award must be within a range of possible out- comes. (2) The arbitration agreement that sets forth the subject matter submitted to the arbitrator shall be in writing. Each such arbitration agree- ment shall specify a maximum award that may be issued by the arbitrator and may specify other conditions limiting the range of possible outcomes. (3) An agency may not require any person to consent to arbitration as a condition of entering into a contract or obtaining a benefit. (b) An officer or employee of an agency shall not offer to use arbitration for the resolution of issues in controversy unless such officer or em- ployee— (1) would otherwise have authority to enter into a settlement concerning the matter; or (2) is otherwise specifically authorized by the agency to consent to the use of arbitra- tion. (c) Prior to using binding arbitration under this subchapter, the head of an agency, in con- sultation with the Attorney General and after taking into account the factors in section 572(b), shall issue guidance on the appropriate use of binding arbitration and when an officer or em- ployee of the agency has authority to settle an issue in controversy through binding arbitra- tion. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 585; renumbered § 575, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 104–320, § 8(c), Oct. 19, 1996, 110 Stat. 3872.) Editorial Notes CODIFICATION Section 575 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2259 of Title 7, Agriculture. PRIOR PROVISIONS A prior section 575 was renumbered section 595 of this title. AMENDMENTS 1996—Subsec. (a)(2). Pub. L. 104–320, § 8(c)(1), (2), sub- stituted ‘‘The’’ for ‘‘Any’’ and inserted at end ‘‘Each such arbitration agreement shall specify a maximum award that may be issued by the arbitrator and may specify other conditions limiting the range of possible outcomes.’’ Subsec. (b). Pub. L. 104–320, § 8(c)(3), in introductory provisions substituted ‘‘shall not offer to use arbitra- tion for the resolution of issues in controversy unless’’ for ‘‘may offer to use arbitration for the resolution of issues in controversy, if’’, and in par. (1) substituted ‘‘would otherwise have authority’’ for ‘‘has authority’’. Subsec. (c). Pub. L. 104–320, § 8(c)(4), added subsec. (c). 1992—Pub. L. 102–354 renumbered section 585 of this title as this section. § 576. Enforcement of arbitration agreements An agreement to arbitrate a matter to which this subchapter applies is enforceable pursuant to section 4 of title 9, and no action brought to enforce such an agreement shall be dismissed nor shall relief therein be denied on the grounds that it is against the United States or that the United States is an indispensable party. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 586; renumbered § 576, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.) Editorial Notes CODIFICATION Section 576 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2260 of Title 7, Agriculture, and subse- quently repealed by Pub. L. 107–171, title X, § 10418(a)(3), May 13, 2002, 116 Stat. 507. PRIOR PROVISIONS A prior section 576 was renumbered section 596 of this title. AMENDMENTS 1992—Pub. L. 102–354 renumbered section 586 of this title as this section. § 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. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 587; renumbered § 577 and amended Pub. L. 102–354, § 3(b)(2), (3), Aug. 26, 1992, 106 Stat. 944, 945.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–354, § 3(b)(2), renumbered section 587 of this title as this section.