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Presidential
Memorandum of 1998
May
1, 1998
MEMORANDUM
FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT:
Designation of Interagency Committees to Facilitate and encourage Agency
Use of Alternate Means of Dispute Resolution and Negotiated Rulemaking
As
part of an effort to make the Federal Government operate in a more efficient
and effective manner, and to encourage, where possible, consensual resolution
of disputes and issues in controversy involving the United States, including
the prevention and avoidance of disputes, I have determined that each Federal
agency must take steps to:
1. promote greater use of mediation, arbitration, early neutral evaluation,
agency ombuds, and other alternative dispute resolution techniques, and
2. promote greater use of negotiated rulemaking.
By
the authority vested in me as President by the Constitution and laws of
the United States including sections 569(a) and 573© of title 5, United
States Code, as amended by the Administrative Dispute Resolution Act of
1996 (Public Law 104-320), I hereby direct as follows:
An
Alternative Dispute Resolution Working Group, comprised of the Cabinet
Departments and, as determined by the Attorney General, such other agencies
with a significant interest in dispute resolution, shall be convened and
is designated under 5 U.S.C. 573© as the interagency committee to
facilitate and encourage agency use of alternative means of dispute resolution.
The Working Group shall consist of representatives of the heads of all
participating agencies, and may meet as a whole or in subgroups of agencies
with an interest in particular issues or subject areas, such as disputes
involving personnel, procurement, and claims. The Working Group shall be
convened by the Attorney General, who may designate a representative to
convene and facilitate meetings of the subgroups. The Working Group shall
facilitate, encourage, and provide coordination for agencies in such areas
as:
1. development of programs that employ alternative means of dispute resolution,
2. training of agency personnel to recognize when and how to use alternative
means of dispute resolution,
3. development of procedures that permit agencies to obtain the services
of neutrals on an expedited basis, and
4. record keeping to ascertain the benefits of alternative means of dispute
resolution.
The
Working Group shall also periodically advise the President, through the
Director of the Office of Management and Budget, on its activities.
The
Regulatory Working Group established under section 4(d) of Executive Order
12866 is designated under 5 U.S.C. 569(a) as the interagency committee
to facilitate and encourage agency use of negotiated rulemaking.
This
directive is for the internal management of the executive branch and does
not create any right or benefit, substantive or procedural, enforceable
by a party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
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