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THE WHITE HOUSE
Office of the Press Secretary
(Palo Alto, California)
For Immediate Release May 1, 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(c) 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(c) 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) recordkeeping 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.
WILLIAM J. CLINTON
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