5 U.S.C. § 581

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)

Section 581 - Judicial Review[1]

(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)² of title 9.

¹So in original. Probably should not be capitalized.

²See References in Text note below.

5 U.S.C. § 581

Added Pub. L. 101-552, §4(b), Nov. 15, 1990, 104 Stat. 2744, §591; renumbered §581 and amended Pub. L. 102-354, §3(b)(2), (4), Aug. 26, 1992, 106 Stat. 944, 945; Pub. L. 104-320, §8(b), Oct. 19, 1996, 110 Stat. 3872.

EDITORIAL NOTES

REFERENCES IN TEXTSection 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 PROVISIONSA prior section 581 was renumbered section 571 of this title.Another prior section 581 was renumbered section 561 of this title.

AMENDMENTS1996-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".