5 U.S.C. § 572 — General authority

Page 160 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 572 ‘‘(c) DISQUALIFICATION OF REPRESENTATION OR ASSIST- ANCE.—Any agency that adopts regulations under sub- chapter IV of chapter 5 of title 5, United States Code, to permit representation or assistance by persons who are not attorneys shall review the rules of practice be- fore such agency to— ‘‘(1) ensure that any rules pertaining to disquali- fication of attorneys from practicing before the agen- cy shall also apply, as appropriate, to other persons who provide representation or assistance; and ‘‘(2) establish effective agency procedures for en- forcing such rules of practice and for receiving com- plaints from affected persons.’’ DEFINITIONS Pub. L. 101–552, § 10, Nov. 15, 1990, 104 Stat. 2747, as amended by Pub. L. 102–354, § 5(b)(6), Aug. 26, 1992, 106 Stat. 946, provided that: ‘‘As used in this Act [see Short Title note above], the terms ‘agency’, ‘administrative program’, and ‘alternative means of dispute resolution’ have the meanings given such terms in section 571 of title 5, United States Code (enacted as section 581 of title 5, United States Code, by section 4(b) of this Act, and redesignated as section 571 of such title by section 3(b) of the Administrative Procedure Technical Amend- ments Act of 1991 [Pub. L. 102–354]).’’ § 572. General authority (a) An agency may use a dispute resolution proceeding for the resolution of an issue in con- troversy that relates to an administrative pro- gram, if the parties agree to such proceeding. (b) An agency shall consider not using a dis- pute 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 ac- cepted generally as an authoritative prece- dent; (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 pro- ceeding would not likely serve to develop a recommended policy for the agency; (3) maintaining established policies is of spe- cial importance, so that variations among in- dividual 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 pro- ceeding cannot provide such a record; and (6) the agency must maintain continuing ju- risdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute reso- lution proceeding would interfere with the agency’s fulfilling that requirement. (c) Alternative means of dispute resolution au- thorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution tech- niques. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2739, § 582; renumbered § 572, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944.) Editorial Notes CODIFICATION Section 572 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2257 of Title 7, Agriculture. PRIOR PROVISIONS A prior section 572 was renumbered section 592 of this title. AMENDMENTS 1992—Pub. L. 102–354 renumbered section 582 of this title as this section. § 573. Neutrals (a) A neutral may be a permanent or tem- porary officer or employee of the Federal Gov- ernment or any other individual who is accept- able to the parties to a dispute resolution pro- ceeding. A neutral shall have no official, finan- cial, or personal conflict of interest with respect to the issues in controversy, unless such interest is fully disclosed in writing to all parties and all parties agree that the neutral may serve. (b) A neutral who serves as a conciliator, fa- cilitator, or mediator serves at the will of the parties. (c) The President shall designate an agency or designate or establish an interagency committee to facilitate and encourage agency use of dis- pute resolution under this subchapter. Such agency or interagency committee, in consulta- tion with other appropriate Federal agencies and professional organizations experienced in matters concerning dispute resolution, shall— (1) encourage and facilitate agency use of al- ternative means of dispute resolution; and (2) develop procedures that permit agencies to obtain the services of neutrals on an expe- dited basis. (d) An agency may use the services of one or more employees of other agencies to serve as neutrals in dispute resolution proceedings. The agencies may enter into an interagency agree- ment that provides for the reimbursement by the user agency or the parties of the full or par- tial cost of the services of such an employee. (e) Any agency may enter into a contract with any person for services as a neutral, or for train- ing in connection with alternative means of dis- pute resolution. The parties in a dispute resolu- tion proceeding shall agree on compensation for the neutral that is fair and reasonable to the Government. (Added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2739, § 583; renumbered § 573, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944; amended Pub. L. 104–320, § 7(b), Oct. 19, 1996, 110 Stat. 3872.) Editorial Notes CODIFICATION Section 573 of former Title 5, Executive Departments and Government Officers and Employees, was trans- ferred to section 2258 of Title 7, Agriculture. PRIOR PROVISIONS A prior section 573 was renumbered section 593 of this title.