Page:United States Statutes at Large Volume 104 Part 4.djvu/421

 PUBLIC LAW 101-552—NOV. 15, 1990 104 STAT. 2737 (2) examine alternative means of resolving disputes in connection with— (A) formal and informal adjudications; (B) rulemakings; (C) enforcement actions; (D) issuing and revoking licenses or permits; (E) contract administration; (F) litigation brought by or against the agency; and (G) other agency actions. (b) DISPUTE RESOLUTION SPECIAUSTS.—The head of each agency shall designate a senior official to be the dispute resolution specialist of the agency. Such official shall be responsible for the implementation of— (1) the provisions of this Act and the amendments made by this Act; and (2) the agency policy developed under subsection (a). (c) TRAINING.— Each agency shall provide for training on a regular basis for the dispute resolution specialist of the agency and other employees involved in implementing the policy of the agency developed under subsection (a). Such training should encompass the theory and practice of negotiation, mediation, arbitration, or related techniques. The dispute resolution specialist shall periodically recommend to the agency head agency employees who would benefit from similar training. (d) PROCEDURES FOR GRANTS AND CONTRACTS. — (1) Each agency shall review each of its standard agreements for contracts, grants, and other assistance and shall determine whether to amend any such standard agreements to authorize and encourage the use of alternative means of dispute resolution. (2)(A) Within 1 year after the date of the enactment of this Act, the Federal Acquisition Regulation shall be amended, as necessary, to carry out this Act and the amendments made by this Act. (B) For purposes of this section, the term "Federal Acquisition Regulation" means the single system of Government-wide procurement regulation referred to in section 6(a) of the Office of Federal Procurement Policy Act (41 U.S.C. 405(a)). SEC. 4. ADMINISTRATIVE PROCEDURES. (a) ADMINISTRATIVE HEARINGS.— Section 556(c) of title 5, United States Code, is amended— (1) in paragraph (6) by inserting before the semicolon at the end thereof the following: "or by the use of alternative means of dispute resolution as provided in subchapter IV of this chapter"; and (2) by redesignating paragraphs (7) through (9) as paragraphs (9) through (11), respectively, and inserting after paragraph (6) the following new paragraphs: "(7) inform the parties as to the availability of one or more alternative means of dispute resolution, and encourage use of such methods; "(8) require the attendance at any conference held pursuant to paragraph (6) of at least one representative of each party who has authority to negotiate concerning resolution of issues in controversy;.

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