
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC580]

 
             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. 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) 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 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.

(Added Pub. L. 101-552, Sec. 4(b), Nov. 15, 1990, 104 Stat. 2743, 
Sec. 590; renumbered Sec. 580 and amended Pub. L. 102-354, 
Secs. 3(b)(2), 5(b)(3), Aug. 26, 1992, 106 Stat. 944, 946; Pub. L. 104-
320, Sec. 8(a), Oct. 19, 1996, 110 Stat. 3872.)


                               Amendments

    1996--Subsec. (c). Pub. L. 104-320, Sec. 8(a), redesignated subsec. 
(d) as (c) and struck out former subsec. (c) which read as follows: 
``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.''
    Subsecs. (d), (e). Pub. L. 104-320, Sec. 8(a)(2), redesignated 
subsec. (e) as (d). Former subsec. (d) redesignated (c).
    Subsecs. (f), (g). Pub. L. 104-320, Sec. 8(a)(1), struck out 
subsecs. (f) and (g) which read as follows:
    ``(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.''
    1992--Pub. L. 102-354, Sec. 3(b)(2), renumbered section 590 of this 
title as this section.
    Subsec. (g). Pub. L. 102-354, Sec. 5(b)(3), substituted ``fees and 
other expenses'' for ``attorney fees and expenses''.

                  Section Referred to in Other Sections

    This section is referred to in title 9 section 10.
