    [Public Papers of the Presidents of the United States: William J. Clinton (1998, Book I)]
    [May 1, 1998]
    [Pages 663-664]
    [From the U.S. Government Publishing Office www.gpo.gov]

    Memorandum on Agency Use of Alternate Means of Dispute Resolution and
    Negotiated Rulemaking
    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

    [[Page 664]]

    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