Administrative Dispute Resolution Act of 1996
Public Law 104-320
(Compiled by Jennifer May Bergstrom)
OVERVIEW
The following document provides the text of the Administrative Dispute
Resolution Act of 1990 as amended by the ADRA of 1996 (Pub. Law 104-320).
Sections 1 through 7 were prepared using the redlined format as follows:
the text of these sections appear as normal printed text for those provisions
that have not changed; lined-through text has been deleted from the original
Act by the ADRA of 1996; and text that is bolded and underlined has been
added by the ADRA of 1996. There are section of the ADRA of 1996
that relate to the reauthorization of the Negotiated Rulemaking Act as
well as certain provisions regarding the resolution of agency bid protests.
These provisions of the ADRA of 1996 are not included in this document.
Sec. 1. Short Title
This Act may be cited as the Administrative Dispute Resolution Act
of 1996.
Sec. 2. Findings
The Congress finds that--
(1) administrative procedure, as embodied in chapter 5 of title
5, United States Code, and other statutes, is intended to offer a prompt,
expert, and inexpensive means of resolving disputes as an alternative to
litigation in the Federal courts;
(2) administrative proceedings have become increasingly formal,
costly, and lengthy resulting in unnecessary expenditures of time and in
a decreased likelihood of achieving consensual resolution of disputes;
(3) alternative means of dispute resolution have been used in
the private sector for many years and, in appropriate circumstances, have
yielded decisions that are faster, less expensive, and less contentious;
(4) such alternative means can lead to more creative, efficient,
and sensible outcomes;
(5) such alternative means may be used advantageously in a wide
variety of administrative programs;
(6) explicit authorization of the use of well-tested dispute
resolution techniques will eliminate ambiguity of agency authority under
existing law;
(7) Federal agencies may not only receive the benefit of techniques
that were developed in the private sector, but may also take the lead in
the further development and refinement of such techniques; and
(8) the availability of a wide range of dispute resolution procedures,
and an increased understanding of the most effective use of such procedures,
will enhance the operation of the Government and better serve the public.
Sec. 3. Promotion of Alternative Means of Dispute Resolution
(a) Promulgation of Agency Policy.--Each agency shall adopt a
policy that addresses the use of alternative means of dispute resolution
and case management. In developing such a policy, each agency shall--
(1) consult with the Administrative Conference of the
United States and the Federal Mediation and Conciliation Service; and
consult with the agency designated by, or the interagency committee
designated or established by, the President under section 573 of title
5, United States Code, to facilitate and encourage agency use of alternative
dispute resolution under subchapter IV of chapter 5 of such title; and
(2) examine alternative means of resolving disputes in connection
with--
(A) formal and informal adjudications;
(B) rulemakings;
(C) enforcement actions;
(D) issuing and revoking licenses or permits;
(E) contract administration;
(F) litigation brought by or against the agency; and
(G) other agency actions.
(b) Dispute Resolution Specialists.--The head of each agency shall
designate a senior official to be the dispute resolution specialist of
the agency. Such official shall be responsible for the implementation of--
(1) the provisions of this Act and the amendments made by this
Act; and
(2) the agency policy developed under subsection (a).
(c) Training.--Each agency shall provide for training on a regular
basis for the dispute resolution specialist of the agency and other employees
involved in implementing the policy of the agency developed under subsection
(a). Such training should encompass the theory and practice of negotiation,
mediation, arbitration, or related techniques. The dispute resolution specialist
shall periodically recommend to the agency head agency employees who would
benefit from similar training.
(d) Procedures for Grants and Contracts.
(1) Each agency shall review each of its standard agreements
for contracts, grants, and other assistance and shall determine whether
to amend any such standard agreements to authorize and encourage the use
of alternative means of dispute resolution.
(2) (A) Within 1 year after the date of the enactment of this
Act [Nov. 15, 1990], the Federal Acquisition Regulation shall be amended,
as necessary, to carry out this Act and the amendments made by this Act.
(B) For purposes of this section, the term
`Federal Acquisition Regulation' means the single system of Government-wide
procurement regulation referred to in section 6(a) of the Office of Federal
Procurement Policy Act (41 U.S.C. 405(a)).
Sec. 4. Administrative Procedures.
(a) Administrative Hearings.--Section 556(c) of title 5, United States
Code, is amended--
(1) in paragraph (6) by inserting before the semicolon at the
end thereof the following: "or by the use of alternative means of
dispute resolution as provided in subchapter IV of this chapter"; and
(2) by redesignating paragraphs (7) through (9) as paragraphs
(9) through (11), respectively, and inserting after paragraph (6) the following
new paragraphs:
"(7) inform the parties as to the availability of one
or more alternative means of dispute resolution, and encourage use of such
methods;
"(8) require the attendance at any conference held pursuant
to paragraph (6) of at least one representative of each party who has authority
to negotiate concerning resolution of issues in controversy;".
(b) Alternative Means of Dispute Resolution.--Chapter 5 of title 5,
United States Code, is amended by adding at the end the following new subchapter:
Subchapter IV Alternative Means of Dispute Resolution in the Administrative
Process
§571. Definitions.
§572. General authority.
§573. Neutrals.
§574. Confidentiality.
§575. Authorization of arbitration.
§576. Enforcement of arbitration agreements.
§577. Arbitrators.
§578. Authority of the arbitrator.
§579. Arbitration proceedings.
§580. Arbitration awards.
§581. Judicial review.
§582. Compilation of information. (Repealed)
§583. Support services.
§584. Authorization of appropriations.
§571. Definitions
For the purposes of this subchapter, the term--
(1) "agency" has the same meaning as in section 551(1) of this
title;
(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, in lieu of an adjudication as defined in section
551(7) of this title, to resolve issues in controversy, including,
but not limited to, settlement negotiations, conciliation, facilitation,
mediation, factfinding, minitrials, and arbitration 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 expectation
on behalf of the source that the information will not be disclosed;
(8) "issue in controversy" means an issue which is material to
a decision concerning an administrative program of an agency, and with
which there is disagreement--
(A) between an agency and persons who would be substantially affected
by the decision; or
(B) between persons who would be substantially affected by the decision,
decision;
except that such term shall not include any matter specified
under section 2302 or 7121(c) of this title;
(9) "neutral" means an individual who, with respect to an issue
in controversy, functions specifically to aid the parties in resolving
the controversy;
(10) "party" means--
(A) for a proceeding with named parties, the same as in section 551(3)
of this title; and
(B) for a proceeding without named parties, a person who will be significantly
affected by the decision in the proceeding and who participates in the
proceeding;
(11) "person" has the same meaning as in section 551(2) of this
title; and
(12) "roster" means a list of persons qualified to provide services
as neutrals.
§572. General authority
(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.
§573. Neutrals
(a) A neutral may be a permanent or temporary officer or employee of
the Federal Government or any other individual who is acceptable to the
parties to a dispute resolution proceeding. A neutral shall have no official,
financial, 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, facilitator, or mediator
serves at the will of the parties.
(c) In consultation with the Federal Mediation and Conciliation
Service, other appropriate Federal agencies, and professional organizations
experienced in matters concerning dispute resolution, the Administrative
Conference of the United States shall--
(1) establish standards for neutrals (including experience,
training, affiliations, diligence, actual or potential conflicts of interest,
and other qualifications) to which agencies may refer;
(2) maintain a roster of individuals who meet such standards
and are otherwise qualified to act as neutrals, which shall be made available
upon request;
(3) enter into contracts for the services of neutrals that
may be used by agencies on an elective basis in dispute resolution proceedings;
and
(4) develop procedures that permit agencies to obtain the services
of neutrals on an expedited basis.
(c) The President shall designate an agency or designate
or establish an interagency committee to facilitate and encourage agency
use of dispute resolution under this subchapter. Such agency or interagency
committee, in consultation with other appropriate Federal agencies and
professional organizations experienced in matters concerning dispute resolution,
shall--
(1) encourage and facilitate agency use of alternative
means of dispute resolution; and
(2) develop procedures that permit agencies to obtain the
services of neutrals on an expedited 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 agreement that provides for the reimbursement
by the user agency or the parties of the full or partial cost of the services
of such an employee.
(e) Any agency may enter into a contract with any person on
a roster established under subsection (c)(2) or a roster maintained by
other public or private organizations, or individual for services
as a neutral, or for training in connection with alternative means of dispute
resolution. The parties in a dispute resolution proceeding shall agree
on compensation for the neutral that is fair and reasonable to the Government.
§574. Confidentiality
(a) Except as provided in subsections (d) and (e), a neutral in a dispute
resolution proceeding shall not voluntarily disclose or through discovery
or compulsory process be required to disclose any information concerning
any dispute resolution communication or any communication provided in confidence
to the neutral, unless--
(1) all parties to the dispute resolution proceeding and the
neutral consent in writing, and, if the dispute resolution communication
was provided by a nonparty participant, that participant also consents
in writing;
(2) the dispute resolution communication has already been made
public;
(3) the dispute resolution communication is required by statute
to be made public, but a neutral should make such communication public
only if no other person is reasonably available to disclose the communication;
or
(4) a court determines that such testimony or disclosure is necessary
to--
(A) prevent a manifest injustice;
(B) help establish a violation of law; or
(C) prevent harm to the public health or safety,
of sufficient magnitude in the particular case to outweigh the integrity
of dispute resolution proceedings in general by reducing the confidence
of parties in future cases that their communications will remain confidential.
(b) A party to a dispute resolution proceeding shall not voluntarily
disclose or through discovery or compulsory process be required to disclose
any information concerning any dispute resolution communication,
unless--
(1) the communication was prepared by the party seeking disclosure;
(2) all parties to the dispute resolution proceeding consent
in writing;
(3) the dispute resolution communication has already been made
public;
(4) the dispute resolution communication is required by statute
to be made public;
(5) a court determines that such testimony or disclosure is necessary
to--
(A) prevent a manifest injustice;
(B) help establish a violation of law; or
(C) prevent harm to the public health and safety,
of sufficient magnitude in the particular case to outweigh the integrity
of dispute resolution proceedings in general by reducing the confidence
of parties in future cases that their communications will remain confidential;
(6) the dispute resolution communication is relevant to determining
the existence or meaning of an agreement or award that resulted from the
dispute resolution proceeding or to the enforcement of such an agreement
or award; or
(7) except for dispute resolution communications generated
by the neutral, the dispute resolution communication was provided
to or was available to all parties to the dispute resolution proceeding.
(c) Any dispute resolution communication that is disclosed in violation
of subsection (a) or (b), shall not be admissible in any proceeding relating
to the issues in controversy with respect to which the communication was
made.
(d) (1) The parties may agree to alternative confidential
procedures for disclosures by a neutral. Upon such agreement the parties
shall inform the neutral before the commencement of the dispute resolution
proceeding of any modifications to the provisions of subsection (a) that
will govern the confidentiality of the dispute resolution proceeding. If
the parties do not so inform the neutral, subsection (a) shall apply.
(2) To qualify for the exemption established under subsection
(j), an alternative confidential procedure under this subsection may not
provide for less disclosure than the confidential procedures otherwise
provided under this section.
(e) If a demand for disclosure, by way of discovery request or other
legal process, is made upon a neutral regarding a dispute resolution communication,
the neutral shall make reasonable efforts to notify the parties and any
affected nonparty participants of the demand. Any party or affected nonparty
participant who receives such notice and within 15 calendar days does not
offer to defend a refusal of the neutral to disclose the requested information
shall have waived any objection to such disclosure.
(f) Nothing in this section shall prevent the discovery or admissibility
of any evidence that is otherwise discoverable, merely because the evidence
was presented in the course of a dispute resolution proceeding.
(g) Subsections (a) and (b) shall have no effect on the information
and data that are necessary to document an agreement reached or order issued
pursuant to a dispute resolution proceeding.
(h) Subsections (a) and (b) shall not prevent the gathering of information
for research or educational purposes, in cooperation with other agencies,
governmental entities, or dispute resolution programs, so long as the parties
and the specific issues in controversy are not identifiable.
(i) Subsections (a) and (b) shall not prevent use of a dispute resolution
communication to resolve a dispute between the neutral in a dispute resolution
proceeding and a party to or participant in such proceeding, so long as
such dispute resolution communication is disclosed only to the extent necessary
to resolve such dispute.
(j) This section shall not be considered a statute specifically
exempting disclosure under section 552(b)(3) of this title.
A dispute resolution communication which is between a neutral and
a party and which may not be disclosed under this section shall also be
exempt from disclosure under section 552(b)(3).
§575. Authorization of arbitration
(a) (1) Arbitration may be used as an alternative means of dispute resolution
whenever all parties consent. Consent may be obtained either before or
after an issue in controversy has arisen. A party may agree to--
(A) submit only certain issues in controversy to arbitration; or
(B) arbitration on the condition that the award must be within a range
of possible outcomes.
(2) Any The arbitration agreement
that sets forth the subject matter submitted to the arbitrator shall be
in writing. 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.
(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 may offer to use arbitration
for the resolution of issues in controversy, if shall not
offer to use arbitration for the resolution of issues in controversy unless
such officer or employee--
(1) has authority 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 arbitration.
(c) Prior to using binding arbitration under this subchapter,
the head of an agency, in consultation 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 employee
of the agency has authority to settle an issue in controversy through binding
arbitration.
§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.
§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.
§578. Authority of the arbitrator
An arbitrator to whom a dispute is referred under this subchapter may--
(1) regulate the course of and conduct arbitral 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 authorized by law to do so; and
(4) make awards.
§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 hearing.
(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 arbitrator 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 determines that the costs should be apportioned.
(c) (1) The parties to the arbitration are entitled 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
electronic means, if each party has an opportunity to participate.
(3) The hearing shall be conducted expeditiously and in an informal
manner.
(4) The arbitrator may receive any oral or documentary evidence,
except that irrelevant, immaterial, unduly repetitious, or privileged evidence
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 knowingly cause to be made to
the arbitrator an unauthorized 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 communication is prepared and made a part of the record,
and that an opportunity for rebuttal is allowed. Upon receipt of a communication
made in violation of this subsection, the arbitrator may, to the extent
consistent with the interests of justice 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 within 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.
§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, informal
discussion of the factual and legal basis for the award, but formal findings
of fact or conclusions 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) The head of any agency that is a party to an arbitration
proceeding conducted under this subchapter is authorized to terminate the
arbitration proceeding or vacate any award issued pursuant to the proceeding
before the award becomes final by serving 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 proceeding of
any request by a party, nonparty participant or other person that the agency
head terminate the arbitration 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.
(d) (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.
(e) (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 otherwise be considered
in any factually unrelated proceeding, whether conducted under this subchapter,
by an agency, or in a court, or in any other arbitration proceeding.
(f) An arbitral award that is vacated under subsection (c) shall
not be admissible in any proceeding relating to the issues in controversy
with respect to which the award was made.
(g) If an agency head vacates an award under subsection (c),
a party to the arbitration (other than the United States) may within 30
days of such action petition the agency head for an award of fees and other
expenses (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
incurred 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.
§581. Judicial Review
(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) (1) 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) of title 9.
(2) A decision by the head of an agency under section
580 to terminate an arbitration proceeding or vacate an arbitral award
shall be committed to the discretion of the agency and shall not be subject
to judicial review.
§582. Compilation of information (Repealed)
The Chairman of the Administrative Conference of the United
States shall compile and maintain data on the use of alternative means
of dispute resolution in conducting agency proceedings. Agencies shall,
upon the request of the Chairman of the Administrative Conference of the
United States, supply such information as is required to enable the Chairman
to comply with this section.
§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 individuals, with the consent of such agencies,
organizations, and individuals. An agency may accept voluntary and uncompensated
services for purposes of this subchapter without regard to the provisions
of section 1342 of title 31.
§584. Authorization of appropriations
There are authorized to be appropriated such sums as may
be necessary to carry out the purposes of this subchapter.
Sec. 5. Judicial Review of Arbitration Awards.
Section 10 of title 9, United States Code, is amended--
(1) by designating subsections (a) through (e) as paragraphs
(1) through (5), respectively;
(2) by striking out "In either" and inserting in lieu thereof
"(a) in any"; and
(3) by adding at the end thereof the following:
"(b) The United States district court for the district wherein an award
was made that was issued pursuant to section 580 of title 5 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.".
Sec. 6. Government Contract Claims.
(a) Alternative Means of Dispute Resolution.--Section 6 of the Contract
Disputes Act of 1978 (41 U.S.C. 606) is amended by adding at the end the
following new subsections:
"(d) Notwithstanding any other provision of this Act, a contractor
and a contracting officer may use any alternative means of dispute resolution
under subchapter IV of chapter 5 of title 5, (as in effect on September
30, 1995), or other mutually agreeable procedures, for resolving claims.
In a case in which such alternative means of dispute resolution
or other mutually agreeable procedures are used, the contractor shall certify
that the claim is made in good faith, that the supporting data are accurate
and complete to the best of his or her knowledge and belief, and that the
amount requested accurately reflects the contract adjustment for which
the contractor believes the Government is liable. The
contractor shall certify the claim when required to do so as provided under
subsection (c)(1) or as otherwise required by law. All provisions
of subchapter IV of chapter 5 of title 5 (as in effect on September 30,
1995) shall apply to such alternative means of dispute resolution.
"(e) The authority of agencies to engage in alternative
means of dispute resolution proceedings under subsection (d) shall cease
to be effective on October 1, 1995, except that such authority shall continue
in effect with respect to then pending dispute resolution proceedings which,
in the judgment of the agencies that are parties to such proceedings, require
such continuation, until such proceedings terminate."
(b) Judicial Review of Arbitral Awards.--Section 8(g) of the Contract
Disputes Act of 1978 (41 U.S.C. 607(g)) is amended by adding at the end
the following new paragraph:
"(3) An award by an arbitrator under this Act shall be reviewed
pursuant to sections 9 through 13 of title 9, United States Code, except
that the court may set aside or limit any award that is found to violate
limitations imposed by Federal statute."
Sec. 7. Federal Mediation and Conciliation Service.
Section 203 of the Labor Management Relations Act, 1947 (29 U.S.C.
173) is amended by adding at the end the following new subsection:
"(f) The Service may make its services available to Federal agencies
to aid in the resolution of disputes under the provisions of subchapter
IV of chapter 5 of title 5, United States Code. Functions performed
by the Service may include assisting parties to disputes related to administrative
programs, training persons in skills and procedures employed in alternative
means of dispute resolution, and furnishing officers and employees of the
Service to act as neutrals. Only officers and employees who are qualified
in accordance with section 573 of title 5, United States Code, may be assigned
to act as neutrals. The Service shall consult with the Administrative
Conference of the United States and other agencies the agency
designated by, or the interagency committee designated or established by,
the President under section 573 of title 5, United States Code,
in maintaining rosters of neutrals and arbitrators, and to adopt such procedures
and rules as are necessary to carry out the services authorized in this
subsection."
Sec. 8. Government Tort and Other Claims.
(a) Federal Tort Claims.--Section 2672 of title 28, United States Code,
is amended by adding at the end of the first paragraph the following:
"Notwithstanding the proviso contained in the preceding sentence, any award,
compromise, or settlement may be effected without the prior written approval
of the Attorney General or his or her designee, to the extent that the
Attorney General delegates to the head of the agency the authority to make
such award, compromise, or settlement. Such delegations may not exceed
the authority delegated by the Attorney General to the United States attorneys
to settle claims for money damages against the United States. Each
Federal agency may use arbitration, or other alternative means of dispute
resolution under the provisions of subchapter IV of chapter 5 of title
5, to settle any tort claim against the United States, to the extent of
the agency's authority to award, compromise, or settle such claim without
the prior written approval of the Attorney General or his or her designee."
(b) Claims of the Government.--Section 3711(a)(2) of title 31, United
States Code, is amended by striking out "$20,000 (excluding interest)"
and inserting in lieu thereof "$100,000 (excluding interest) or such higher
amount as the Attorney General may from time to time prescribe."
Sec. 9. Use of Nonattorneys.
(a) Representation of Parties.--Each agency, in developing a
policy on the use of alternative means of dispute resolution under this
Act, shall develop a policy with regard to the representation by persons
other than attorneys of parties in alternative dispute resolution proceedings
and shall identify any of its administrative programs with numerous claims
or disputes before the agency and determine--
(1) the extent to which individuals are represented or assisted
by attorneys or by persons who are not attorneys; and
(2) whether the subject areas of the applicable
proceedings or the procedures are so complex or specialized that only attorneys
may adequately provide such representation or assistance.
(b) Representation and Assistance by Nonattorneys.--A person who
is not an attorney may provide representation or assistance to any individual
in a claim or dispute with an agency, if--
(1) such claim or dispute concerns an administrative
program identified under subsection (a);
(2) such agency determines that the proceeding or
procedure does not necessitate representation or assistance by an attorney
under subsection (a)(2); and
(3)such person meets any requirement of the agency
to provide representation or assistance in such a claim or dispute.
(c) Disqualification of Representation or Assistance.--Any agency
that adopts regulations under subchapter 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 before such agency to--
(1) ensure that any rules pertaining to disqualification
of attorneys from practicing before the agency shall also apply, as appropriate,
to other persons who provide representation or assistance; and
(2) establish effective agency procedures for enforcing such
rules of practice and for receiving complaints from affected persons.
Sec. 10. Definitions.
As used in this Act, 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 Amendments Act of 1991).
Sec. 11. Sunset Provision.
The authority of agencies to use dispute resolution proceedings
under this Act and the amendments made by this Act shall terminate on October
1, 1995, except that such authority shall continue in effect with respect
to then pending proceedings which, in the judgment of the agencies that
are parties to the dispute resolution proceedings, require such continuation,
until such proceedings terminate.
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