5 U.S.C. § 580 — Arbitration awards

Page 163 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 580 Subsec. (b). Pub. L. 102–354, § 3(b)(3), substituted ‘‘sec- tion 573’’ for ‘‘section 583’’. § 578. Authority of the arbitrator An arbitrator to whom a dispute is referred under this subchapter may— (1) regulate the course of and conduct arbi- tral hearings; (2) administer oaths and affirmations; (3) compel the attendance of witnesses and production of evidence at the hearing under the provisions of section 7 of title 9 only to the extent the agency involved is otherwise au- thorized by law to do so; and (4) make awards. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 588; renumbered § 578, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–354 renumbered section 588 of this title as this section. § 579. Arbitration proceedings (a) The arbitrator shall set a time and place for the hearing on the dispute and shall notify the parties not less than 5 days before the hear- ing. (b) Any party wishing a record of the hearing shall— (1) be responsible for the preparation of such record; (2) notify the other parties and the arbi- trator of the preparation of such record; (3) furnish copies to all identified parties and the arbitrator; and (4) pay all costs for such record, unless the parties agree otherwise or the arbitrator de- termines that the costs should be apportioned. (c)(1) The parties to the arbitration are enti- tled to be heard, to present evidence material to the controversy, and to cross-examine witnesses appearing at the hearing. (2) The arbitrator may, with the consent of the parties, conduct all or part of the hearing by telephone, television, computer, or other elec- tronic means, if each party has an opportunity to participate. (3) The hearing shall be conducted expedi- tiously and in an informal manner. (4) The arbitrator may receive any oral or doc- umentary evidence, except that irrelevant, im- material, unduly repetitious, or privileged evi- dence may be excluded by the arbitrator. (5) The arbitrator shall interpret and apply relevant statutory and regulatory requirements, legal precedents, and policy directives. (d) No interested person shall make or know- ingly cause to be made to the arbitrator an un- authorized ex parte communication relevant to the merits of the proceeding, unless the parties agree otherwise. If a communication is made in violation of this subsection, the arbitrator shall ensure that a memorandum of the communica- tion is prepared and made a part of the record, and that an opportunity for rebuttal is allowed. Upon receipt of a communication made in viola- tion of this subsection, the arbitrator may, to the extent consistent with the interests of jus- tice and the policies underlying this subchapter, require the offending party to show cause why the claim of such party should not be resolved against such party as a result of the improper conduct. (e) The arbitrator shall make the award with- in 30 days after the close of the hearing, or the date of the filing of any briefs authorized by the arbitrator, whichever date is later, unless— (1) the parties agree to some other time limit; or (2) the agency provides by rule for some other time limit. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2742, § 589; renumbered § 579, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.) Editorial Notes AMENDMENTS 1992—Pub. L. 102–354 renumbered section 589 of this title as this section. § 580. Arbitration awards (a)(1) Unless the agency provides otherwise by rule, the award in an arbitration proceeding under this subchapter shall include a brief, in- formal discussion of the factual and legal basis for the award, but formal findings of fact or con- clusions of law shall not be required. (2) The prevailing parties shall file the award with all relevant agencies, along with proof of service on all parties. (b) The award in an arbitration proceeding shall become final 30 days after it is served on all parties. Any agency that is a party to the proceeding may extend this 30-day period for an additional 30-day period by serving a notice of such extension on all other parties before the end of the first 30-day period. (c) A final award is binding on the parties to the arbitration proceeding, and may be enforced pursuant to sections 9 through 13 of title 9. No action brought to enforce such an award 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. (d) An award entered under this subchapter in an arbitration proceeding may not serve as an estoppel in any other proceeding for any issue that was resolved in the proceeding. Such an award also may not be used as precedent or oth- erwise be considered in any factually unrelated proceeding, whether conducted under this sub- chapter, by an agency, or in a court, or in any other arbitration proceeding. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2743, § 590; renumbered § 580 and amended Pub. L. 102–354, §§ 3(b)(2), 5(b)(3), Aug. 26, 1992, 106 Stat. 944, 946; Pub. L. 104–320, § 8(a), Oct. 19, 1996, 110 Stat. 3872.) Editorial Notes AMENDMENTS 1996—Subsec. (c). Pub. L. 104–320, § 8(a), redesignated subsec. (d) as (c) and struck out former subsec. (c) which read as follows: ‘‘The head of any agency that is 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 the petitioning party those fees and expenses that would not have been in- curred in the absence of such arbitration proceeding, unless the agency head or his or her designee finds that special circumstances make such an award unjust. The procedures for reviewing applications for awards shall, where appropriate, be consistent with those set forth in subsection (a)(2) and (3) of section 504 of this title. Such fees and expenses shall be paid from the funds of the agency that vacated the award.’’ 1992—Pub. L. 102–354, § 3(b)(2), renumbered section 590 of this title as this section. Subsec. (g). Pub. L. 102–354, § 5(b)(3), substituted ‘‘fees and other expenses’’ for ‘‘attorney fees and expenses’’. § 581. Judicial Review 1 (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) 2 of title 9. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2744, § 591; renumbered § 581 and amended Pub. L. 102–354, § 3(b)(2), (4), Aug. 26, 1992, 106 Stat. 944, 945; Pub. L. 104–320, § 8(b), Oct. 19, 1996, 110 Stat. 3872.) Editorial Notes REFERENCES IN TEXT Section 10(b) of title 9, referred to in subsec. (b), was redesignated section 10(c) of title 9 by Pub. L. 107–169, § 1(4), May 7, 2002, 116 Stat. 132. PRIOR PROVISIONS A prior section 581 was renumbered section 571 of this title. Another prior section 581 was renumbered section 561 of this title. AMENDMENTS 1996—Subsec. (b). Pub. L. 104–320, which directed that section 581(d) of this title be amended by striking ‘‘(1)’’ after ‘‘(b)’’ and by striking par. (2), was executed to subsec. (b) of this section to reflect the probable intent of Congress. Prior to amendment, par. (2) read as fol- lows: ‘‘A decision by the head of an agency under sec- tion 580 to terminate an arbitration proceeding or va- cate an arbitral award shall be committed to the dis- cretion of the agency and shall not be subject to judi- cial review.’’ 1992—Pub. L. 102–354, § 3(b)(2), renumbered section 591 of this title as this section. Subsec. (b)(2). Pub. L. 102–354, § 3(b)(4), substituted ‘‘section 580’’ for ‘‘section 590’’. [§ 582. Repealed. Pub. L. 104–320, § 4(b)(1), Oct. 19, 1996, 110 Stat. 3871] 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 compila- tion of data on use of alternative means of dispute reso- lution in conducting agency proceedings. § 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 individ- uals, with the consent of such agencies, organi- zations, and individuals. An agency may accept voluntary and uncompensated services for pur- poses of this subchapter without regard to the provisions of section 1342 of title 31. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2745, § 593; renumbered § 583, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 104–320, § 5, Oct. 19, 1996, 110 Stat. 3871.) Editorial Notes PRIOR PROVISIONS Prior sections 583 to 590 were renumbered sections 573 to 580 of this title, respectively. Other prior sections 583 to 590 were renumbered sec- tions 563 to 570 of this title, respectively. AMENDMENTS 1996—Pub. L. 104–320 inserted ‘‘State, local, and tribal governments,’’ after ‘‘other Federal agencies,’’. 1992—Pub. L. 102–354 renumbered section 593 of this title as this section. § 584. Authorization of appropriations There are authorized to be appropriated such sums as may be necessary to carry out the pur- poses of this subchapter. (Added Pub. L. 104–320, § 10(a), Oct. 19, 1996, 110 Stat. 3873.) SUBCHAPTER V—ADMINISTRATIVE CONFERENCE OF THE UNITED STATES Editorial Notes AMENDMENTS 1992—Pub. L. 102–354, § 2(1), Aug. 26, 1992, 106 Stat. 944, redesignated subchapter III of this chapter as this sub- chapter.