[Federal Register Volume 76, Number 79 (Monday, April 25, 2011)]
[Proposed Rules]
[Pages 22848-22849]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-9750]
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DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 83
[Docket ID DOD-2010-OS-0108]
RIN 0790-AI63
Alternative Dispute Resolution (ADR) and Conflict Management
AGENCY: Defense Legal Services Agency, DoD.
ACTION: Proposed rule.
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SUMMARY: This part establishes policy and assigns responsibilities. It
establishes a framework for encouraging the expanded use of alternative
means of dispute resolution and conflict management practices as an
integral part of normal business practices within the Department of
Defense.
DATES: Comments must be received by June 24, 2011.
ADDRESSES: You may submit comments, identified by docket number and or
RIN number and title, by any of the following methods:
Federal Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
Mail: Federal Docket Management System Office, 1160
Defense Pentagon, Room 3C843, Washington, DC 20301-1160.
Instructions: All submissions received must include the agency name
and docket number or Regulatory Information Number (RIN) for this
Federal Register document. The general policy for comments and other
submissions from members of the public is to make these submissions
available for public viewing on the Internet at http://www.regulations.gov as they are received without change, including any
personal identifiers or contact information.
FOR FURTHER INFORMATION CONTACT: Christine M. Kopocis, 703-696-1809.
SUPPLEMENTARY INFORMATION:
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
It has been certified that 32 CFR part 83 does not:
(1) Have an annual effect on the economy of $100 million or more or
adversely affect in a material way the economy; a section of the
economy; productivity; competition; jobs; the environment; public
health or safety; or State, local, or tribal governments or
communities;
(2) Create a serious inconsistency or otherwise interfere with an
action taken or planned by another Agency;
(3) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs, or the rights and obligations of
recipients thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles set forth in
these Executive Orders.
Sec. 202, Public Law 104-4, ``Unfunded Mandates Reform Act''
It has been certified that 32 CFR part 83 does not contain a
Federal mandate that may result in expenditure by State, local and
tribal governments, in aggregate, or by the private sector, of $100
million or more in any one year.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. 601)
It has been certified that 32 CFR part 83 is not subject to the
Regulatory Flexibility Act (5 U.S.C. 601) because it [would or would
not], if promulgated, have a significant economic impact on a
substantial number of small entities.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
It has been certified that 32 CFR part 83 does not impose reporting
or recordkeeping requirements under the Paperwork Reduction Act of
1995.
Executive Order 13132, ``Federalism''
It has been certified that 32 CFR part 83 does not have federalism
implications, as set forth in Executive Order 13132. This rule does not
have substantial direct effects on:
(1) The States;
(2) The relationship between the National Government and the
States; or
(3) The distribution of power and responsibilities among the
various levels of Government.
List of Subjects in 32 CFR Part 83
Personnel, Dispute resolution.
Accordingly, 32 CFR Part 83 is proposed to be added to read as
follows:
PART 83--ALTERNATIVE DISPUTE RESOLUTION (ADR) AND CONFLICT
MANAGEMENT
Sec.
83.1 Purpose.
83.2 Applicability.
83.3 Definitions.
83.4 Policy.
83.5 Responsibilities.
Authority: 5 U.S.C. 571-584; Executive Order 12988.
Sec. 83.1 Purpose.
This part:
(a) Establishes policy pursuant to title 5, United States Code
(U.S.C.) 571-584 and Executive Order 12988.
(b) Assigns responsibilities, and
(c) Establishes a framework for encouraging the expanded use of
alternative means of dispute resolution and conflict management
practices as an integral part of normal business practices within the
Department of Defense.
Sec. 83.2 Applicability.
This part applies to the Office of the Secretary of Defense, the
Military Departments, the Office of the Chairman of the Joint Chiefs of
Staff and the Joint Staff, the Combatant Commands, the Office of the
Inspector General of the Department of Defense, the Defense Agencies,
the DoD Field Activities, and all other organizational entities within
the Department of Defense (hereafter referred to collectively as the
``DoD Components'').
Sec. 83.3 Definitions.
These terms and their definitions are for the purpose of this part.
Alternative dispute resolution (ADR). Any procedure that is used to
resolve issues in controversy, including, but not limited to,
conciliation, facilitation, mediation, fact finding, mini-trials,
arbitration, and use of ombuds, or any combination thereof.
ADR coordinating committee. The group consisting of the dispute
resolution specialists designated under title 5 U.S.C. 571-584 or their
representatives from the DoD Components and other officials appointed
by the Deputy General Counsel (Legal Counsel) (DGC(LC)). The purpose of
the ADR Coordinating Committee is to promote among the DoD Components
the exchange of information on ADR and conflict management design and
implementation.
Conflict management. A systemic process used to proactively
identify and manage, at the earliest stage possible, conflict that can
lead to one or more disputes, for the purpose of reducing the
[[Page 22849]]
incidence of disputes and increasing the likelihood that disputes that
do arise may be resolved efficiently, effectively, and expeditiously.
Techniques used in the process include, but are not limited to,
structured unassisted negotiation (e.g., use of interest-based
negotiation techniques), joint or collaborative problem-solving,
coaching, and the design of an integrated conflict management system.
Sec. 83.4 Policy.
It is DoD policy that:
(a) The Department of Defense shall foster and advance
collaboration and coordination among the DoD Components on the use of
ADR and conflict management practices.
(b) Each DoD Component shall establish and implement ADR program(s)
to resolve disputes at the earliest possible stage of the dispute and
at the lowest possible organizational level. Any dispute, regardless of
subject matter, is a potential candidate for ADR.
(c) DoD personnel are encouraged to identify and address underlying
conflict in order to prevent and avoid disputes.
(d) All personally identifiable information (PII) collected during
the course of the ADR process shall be maintained and protected in
accordance with title 32, Code of Federal Regulations (CFR) part 310.
Sec. 83.5 Responsibilities.
(a) The General Counsel, Department of Defense (GC, DoD) shall
develop policy and provide guidance on the administration of ADR.
(b) The DGC(LC), under the authority, direction, and control of the
GC, DoD, shall:
(1) Monitor the implementation of policies and procedures
pertaining to the use of ADR and conflict management practices within
the Department of Defense.
(2) Establish a data collection and reporting system to evaluate
the use of ADR and conflict management practices, as determined
necessary, within the Department of Defense.
(3) Provide reports, as determined necessary, to the Secretary of
Defense on the use of ADR within the Department of Defense.
(4) Chair the ADR Coordinating Committee.
(5) Ensure that the ADR Coordinating Committee:
(i) Shares information among the DoD Components on ADR and conflict
management policies and practices.
(ii) Collaborates, as needed, in the design and implementation of
ADR and conflict management practices.
(iii) Collaborates with other programs in the Department of Defense
(e.g., Equal Employment Opportunity (EEO)) as needed to integrate ADR
and conflict management into the normal business practices of the
Department of Defense.
(iv) Establishes DoD-wide working groups and takes other steps to
coordinate and facilitate ADR and conflict management practices within
the Department of Defense.
(6) Ensure that the Associate Director, Center for Alternative
Dispute Resolution, Defense Office of Hearings and Appeals:
(i) Provides support to the DGC(LC) in fulfilling the duties under
this part.
(ii) Provides facilitation, administrative, and substantive support
for the activities of the ADR Coordinating Committee.
(iii) Represents the Department of Defense as a member of the
Interagency ADR Working Group Steering Committee.
(iv) Upon request of a DoD Component, provides consulting,
education, and referral services for the design, implementation,
training, and evaluation of ADR and conflict management practices.
(v) Upon request of a DoD Component, designates and makes available
third-party neutrals qualified to conduct ADR and conflict management
processes specified by the DGC(LC).
(c) The Director, Washington Headquarters Services (WHS), under the
authority, direction, and control of the Director of Administration and
Management, shall offer ADR services to WHS serviced customers in
accordance with Administrative Instruction 106 (see http://www.dtic.mil/whs/directives/corres/pdf/a106p.pdf).
(d) The Heads of DoD Components shall:
(1) Appoint a dispute resolution specialist as the term is used in
title 5 U.S.C. 571-584 and inform the Associate Director, Center for
Alternative Dispute Resolution, of the appointment.
(2) Establish, implement, and operate programs to expand the use of
ADR and conflict management practices that are appropriate to their
Component and in accordance with public law and DoD policy.
(3) Review and revise, where appropriate, existing ADR and conflict
management practices to promote increased awareness and use of ADR and
conflict management consistent with DoD policy.
(4) Consistent with accomplishing their assigned missions, actively
promote the use of ADR and conflict management practices.
(5) Identify and eliminate barriers to the use of ADR and conflict
management practices.
(6) Provide copies of Component ADR policies and implementing
procedures to the Associate Director, Center for Alternative Dispute
Resolution.
(7) Provide representatives and information to the ADR Coordinating
Committee and working groups, as requested.
(8) Provide training to employees involved in implementing and
maintaining the Component's ADR policy and program.
(9) Collaborate with other DoD Components and other offices (e.g.,
Equal Employment Office) as appropriate when designing and implementing
ADR and conflict management policies and procedures.
(10) Establish a data collection system to monitor ADR and conflict
management practices as determined necessary and in compliance with the
information requirement in Sec. 83.6 of this part.
(11) Link the Component's ADR Web site, if one is established, to
the ADR Web sites of other DoD Components as well as to the Interagency
ADR Working Group Steering Committee Web site at http://www.adr.gov.
(12) Use existing Government resources, to the extent possible, to
avoid unnecessary expenditure of time and money when designing and
implementing dispute resolution and conflict management programs.
(13) Provide sufficient resources, including dedicated personnel
resources, as necessary, to fulfill the responsibilities listed in this
part.
(14) Ensure the collection, use, and release of PII complies with
title 5 U.S.C. 552a as implemented by title 32 CFR part 310.
Dated: March 2, 2011.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2011-9750 Filed 4-22-11; 8:45 am]
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