[House Report 105-381]
[From the U.S. Government Publishing Office]
105th Congress Report
HOUSE OF REPRESENTATIVES
1st Session 105-381
_______________________________________________________________________
TECHNICAL CORRECTIONS TO SECTION 10 OF TITLE 9, UNITED STATES CODE
_______________________________________________________________________
November 5, 1997.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Hyde, from the Committee on the Judiciary, submitted the following
R E P O R T
[To accompany H.R. 2440]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the
bill (H.R. 2440) to make technical amendments to section 10 of
title 9, United States Code, having considered the same,
reports favorably thereon without amendment and recommends that
the bill do pass.
TABLE OF CONTENTS
Page
Purpose and Summary........................................ 2
Background and Need for Legislation........................ 2
Hearings................................................... 2
Committee Consideration.................................... 2
Vote of the Committee...................................... 2
Committee Oversight Findings............................... 2
Committee on Government Reform and Oversight Findings...... 2
New Budget Authority and Tax Expenditures.................. 2
Congressional Budget Office Estimate....................... 2
Constitutional Authority Statement......................... 3
Section-by-Section Analysis................................ 3
Agency Views............................................... 4
Changes in Existing Law Made by the Bill, as Reported...... 4
Purpose and Summary
H.R. 2440 makes a technical correction to an obvious
punctuation error in Section 10, Title 9, United States Code.
Background and Need for the Legislation
Section 10, Title 9, United States Code provides the
grounds under which a federal district judge can vacate an
arbitrator's award. Section 10(a) (1) through (5) enumerates
these grounds. The error, which has existed from the original
enactment in 1925, apparently evaded detection because each
enumerated ground begins with the word ``where.'' However,
paragraph (5), rather than stating a ground for vacating an
award, is obviously meant to begin the first sentence of the
next subsection.
Hearings
No hearings were held on H.R. 2440.
Committee Consideration
On September 11, 1997, the Subcommittee on Commercial and
Administrative Law met in open session and ordered reported the
bill H.R. 2440, without amendment by a voice vote, a quorum
being present. On September 17, 1997, the Committee met in open
session and ordered reported favorably the bill H.R. 2440
without amendment by voice vote, a quorum being present.
Vote of the Committee
There were no recorded votes in full Committee.
Committee Oversight Findings
In compliance with clause 2(l)(3)(A) of rule XI of the
Rules of the House of Representatives, the Committee reports
that the findings and recommendations of the Committee, based
on oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
Committee on Government Reform and Oversight Findings
No findings or recommendations of the Committee on
Government Reform and Oversight were received as referred to in
clause 2(l)(3)(D) of rule XI of the Rules of the House of
Representatives.
New Budget Authority and Tax Expenditures
Clause 2(l)(3)(B) of House Rule XI is inapplicable because
this legislation does not provide new budgetary authority or
increased tax expenditures.
Congressional Budget Office Cost Estimate
In compliance with clause 2(l)(3)(C) of rule XI of the
Rules of the House of Representatives, the Committee sets
forth, with respect to the bill, H.R. 2440, the following
estimate and comparison prepared by the Director of the
Congressional Budget Office under section 403 of the
Congressional Budget Act of 1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, September 23, 1997.
Hon. Henry J. Hyde, Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 2440, a bill to
make technical amendments to section 10 of Title 9, United
States Code.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Susanne S.
Mehlman, who can be reached at 226-2860.
Sincerely,
June E. O'Neill, Director.
Enclosure.
cc: Hon. John Conyers, Jr.,
Ranking Minority Member.
H.R. 2440--A bill to make technical amendments to section 10 of Title
9, United States Code
CBO estimates that enacting H.R. 2440 would not have any
impact on the federal budget. Because enactment of H.R. 2440
would not affect direct spending or receipts, pay-as-you-go
procedures would not apply. The bill does not contain any
intergovernmental or private-sector mandates as defined in the
Unfunded Mandates Reform Act of 1995 and would impose no costs
on state, local, or tribal governments.
H.R. 2440 would correct punctuation errors and make other
minor wording changes to section 10 of Title 9, United States
Code, which specifies the grounds under which a federal judge
can vacate an arbitrator's award. Because these changes are
technical and would make no substantive changes to the laws
affecting arbitration, CBO estimates that enacting H.R. 2440
would not have any budgetary impact.
The CBO staff contact for this estimate is Susanne S.
Mehlman, who can be reached at 226-2860. This estimate was
approved by Robert A. Sunshine, Deputy Assistant Director for
Budget Analysis.
Constitutional Authority Statement
Pursuant to Rule XI, clause 2(l)(4) of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in Article I, section 8 of the Constitution.
Section-by-Section Analysis
Section one corrects a technical error in Section 10 of
title 9, United States Code: by indenting the margin of
paragraphs (1) through (4) of subsection (a) 2 ems; by striking
``Where'' in such paragraphs and inserting ``where''; by
striking the period at the end of paragraphs (1), (2), and (3)
of subsection (a) and inserting a semicolon; by adding ``or''
at the end of paragraph (3); by redesignating subsection (b) as
subsection (c); by striking ``Where an award'' in paragraph (5)
and inserting in lieu thereof ``If an award''; by inserting a
comma after ``expired'' in paragraph (5); and by redesignating
the paragraph as subsection (b).
Agency Views
No agency views were received on H.R. 2440.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3 of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, existing law in which no change
is proposed is shown in roman):
SECITON 10 OF TITLE 9, UNITED STATES CODE
Sec. 10. Same; vacation; grounds; rehearing
(a) In any of the following cases the United States court
in and for the district wherein the award was made may make an
order vacating the award upon the application of any party to
the arbitration--
(1) [Where] where the award was procured by
corruption, fraud, or undue means[.];
(2) [Where] where there was evident partiality or
corruption in the arbitrators, or either of them[.];
(3) [Where] where the arbitrators were guilty of
misconduct in refusing to postpone the hearing, upon
sufficient cause shown, or in refusing to hear evidence
pertinent and material to the controversy; or of any
other misbehavior by which the rights of any party have
been prejudiced[.]; or
(4) [Where] where the arbitrators exceeded their
powers, or so imperfectly executed them that a mutual,
final, and definite award upon the subject matter
submitted was not made.
[(5) Where an award] (b) If an award is vacated and the
time within which the agreement required the award to be made
has not expired, the court may, in its discretion, direct a
rehearing by the arbitrators.
[(b)] (c) The United States district court for the district
wherein an award was made that was issued pursuant to section
580 of title 5 may make an order vacating the award upon the
application of a person, other than a party to the arbitration,
who is adversely affected or aggrieved by the award, if the use
of arbitration or the award is clearly inconsistent with the
factors set forth in section 572 of title 5.