5 U.S.C.
§ 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.
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