
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC575]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
     SUBCHAPTER IV--ALTERNATIVE MEANS OF DISPUTE RESOLUTION IN THE 
                         ADMINISTRATIVE PROCESS
 
Sec. 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) 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 shall not offer to use 
arbitration for the resolution of issues in controversy unless such 
officer or employee--
        (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 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.

(Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2742, 
Sec. 585; renumbered Sec. 575, Pub. L. 102-354, Sec. 3(b)(2), Aug. 26, 
1992, 106 Stat. 944; amended Pub. L. 104-320, Sec. 8(c), Oct. 19, 1996, 
110 Stat. 3872.)

                          Codification

    Section 575 of former Title 5, Executive Departments and Government 
Officers and Employees, was transferred 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, Sec. 8(c)(1), (2), 
substituted ``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, Sec. 8(c)(3), in introductory 
provisions substituted ``shall not offer to use arbitration 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, Sec. 8(c)(4), added subsec. (c).
    1992--Pub. L. 102-354 renumbered section 585 of this title as this 
section.
