§581 — Title 5 Government Organization and Employees | U.S. Code

Summary

If someone is hurt by an arbitration award under this subchapter, they may only ask a court to review that award under sections 9 through 13 of title 9. An agency’s choice to use or not use a dispute resolution process is up to the agency and usually cannot be reviewed by a court, except arbitration review is allowed under section 10(b) of title 9.

Title 5, §581

Government Organization and Employees — Source: USLM XML via OLRC

(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)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) 22 See References in Text note below. of title 9.

Notes & Related Subsidiaries

Editorial Notes

References in Text

section 10(b) of title 9, referred to in subsec. (b), was redesignated section 10(c) of title 9 by Pub. L. 107–169, § 1(4), May 7, 2002, 116 Stat. 132.

Prior Provisions

A prior section 581 was renumbered section 571 of this title. Another prior section 581 was renumbered section 561 of this title.

Amendments

1996—Subsec. (b). Pub. L. 104–320, which directed that section 581(d) of this title be amended by striking “(1)” after “(b)” and by striking par. (2), was executed to subsec. (b) of this section to reflect the probable intent of Congress. Prior to amendment, par. (2) read as follows: “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.” 1992—Pub. L. 102–354, § 3(b)(2), renumbered section 591 of this title as this section. Subsec. (b)(2). Pub. L. 102–354, § 3(b)(4), substituted “section 580” for “section 590”.

§581 Judicial Review 11 So in original. Probably should not be capitalized.