Page:United States Statutes at Large Volume 110 Part 6.djvu/50

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110 STAT. 3872 PUBLIC LAW 104-320—OCT. 19, 1996 (b) REFERENCES TO THE ADMINISTRATIVE CONFERENCE OF THE UNITED STATES.— Section 573 of title 5, United States Code, is amended— (1) by striking subsection (c) and inserting the following: President. "(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 sind facilitate agency use of alternative means of dispute resolution; and "(2) develop procedures that permit agencies to obtain the services of neutr^s on an expedited basis."; and (2) in subsection (e) by striking "on a roster established under subsection (c)(2) or a roster maintained by other public or private organizations, or individual". SEC. 8. ARBITRATION AWARDS AND JUDICIAL REVIEW. (a) ARBITRATION AWARDS.—Section 580 of title 5, United States Code, is amended— (1) by striking subsections (c), (f), and (g); and (2) by redesignating subsections (d) and (e) as subsections (c) and (d), respectively. (b) JUDICIAL AWARDS. —Section 581(d) of title 5, United States Code, is amended— (1) by striking "(1)" after "(b)"; and (2) by striking paragraph (2). (c) AUTHORIZATION OF ARBITRATION.—Section 575 of title 5, United States Code, is amended— (1) in subsection (a)(2), by striking "Any" and inserting "The"; (2) in subsection (a)(2), by adding at the end the following: "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) in subsection (b)— (A) by striking "may offer to use arbitration for the resolution of issues in controversy, if and inserting "shall not offer to use arbitration for the resolution of issues in controversy unless"; and (B) by striking in paragraph (1) "has authority' and inserting "would otherwise have authority"; and (4) by adding at the end the following: "(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.". SEC 9. PERMANENT AUTHORIZATION OF THE ALTERNATIVE DISPUTE RESOLUTION PROVISIONS OF TITLE 6, UNITED STATES CODE. The Administrative Dispute Resolution Act (Public Law 101- 552; 104 Stat. 2747; 5 U.S.C. 571 note) is amended by striking section 11.