DISCLOSURE REQUIREMENTS holding of assets, liabilities, or positions; or the participation in transactions that are prohibited by law or regulation. (d) The provisions of this title requiring the reporting of information shall not supersede the requirements of section 7342 of title 5. REFERENCES IN TEXT This title, referred to in subsecs. (a), (b), and (d), is title III of Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1851, as amended, which is classified to sections 301 to 309 of this Appendix. For complete classification of Pub. L. 95-521 to the Code, see Tables. This Act, referred to in subsec. (c), means Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1824, as amended, known as the Ethics in Government Act of 1978. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 2, The Congress, and Tables. § 308. Definitions For the purposes of this title, the term— (1) "income" means all income from whatever source derived, including but not limited to the following items: compensation for services, including fees, commissions, and similar items; gross income derived from business (and net income if the individual elects to inIclude it); gains derived from dealings in property; interest; rents; royalties; dividends; annuities; income from life insurance and endowment contracts; pensions; income from discharge of indebtedness; distributive share of partnership income; and income from an interest in an estate or trust; (2) "relative" means an individual who is related to the reporting individual, as father, mother, son, daughter, brother, sister, uncle, aunt, great aunt, great uncle, first cousin, nephew, niece, husband, wife, grandfather, grandmother, grandson, granddaughter, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, stepfather, stepmother, stepson, stepdaughter, stepbrother, stepsister, half brother, half sister, or who is the grandfather or grandmother of the spouse of the reporting individual, and shall be deemed to include the fiance or fiancee of the reporting individual; (3) "gift" means a payment, advance, forebearance, rendering, or deposit of money, or any thing of value, unless consideration of equal or greater value is received by the donor, but does not include (A) bequest and other forms of inheritance; (B) suitable mementos of a function honoring the reporting individual; (C) food, lodging, transportation, and entertainment provided by a foreign government within a foreign country or by the United States Government; (D) food and beverages consumed at banquets, receptions, or similar events; or (E) communications to the offices of a reporting individual including subscriptions to newspapers and periodicals; (4) "honoraria" has the meaning given such term in the Federal Election Campaign Act of 1971 [2 U.S.C. 431 et seq.). (5) "value" means a good faith estimate of the dollar value if the exact value is neither known nor easily obtainable by the reporting individual; (6) "personal hospitality of any individual" means hospitality extended for a nonbusiness purpose by an individual, not a corporation or organization, at the personal residence of that individual or his family or on property or facilities owned by that individual or his family; (7) “dependent child" means, when used with respect to any reporting individual, any individual who is a son, daughter, stepson, or stepdaughter and who (A) is unmarried and under age 21 and is living in the household of such reporting individual; or (B) is a dependent of such reporting individual within the meaning of section 152 of title 26; (8) "reimbursement" means any payment or other thing of value received by the reporting individual, other than gifts, to cover travel-related expenses of such individual other than those which are (A) provided by the United States Government; (B) required to be reported by the reporting individual under section 7342 of title 5; or (C) required to be reported under section 434 of title 2; (9) "judicial officer" means the Chief Justice of the United States, the Associate Justices of the Supreme Court, and the judges of the United States courts of appeals; United States district courts, including the district courts in the Canal Zone, Guam, and the Virgin Islands; Court of Claims; Court of Customs and Patent Appeals; Court of International Trade; Tax Court; United States Court of Military Appeals; courts of the District of Columbia and any court created by Act of Congress, the judges of which are entitled to hold office during good behavior; and (10) "judicial employee" means any employee of the judicial branch of the Government, of the Tax Court, or of the United States Court of Military Appeals who is not a judicial officer and who is authorized to perform adjudicatory functions with respect to proceedings in the judicial branch, or who receives compensation at a rate at or in excess of the minimum rate prescribed for grade 16 of the General Schedule under section 5332 of title 5. (As amended Pub. L. 96-19, §§ 4(c), 9(d), June 13, 1979, 93 Stat. 40; Pub. L. 96-417, title VI, § 601(9), Oct. 10, 1980, 94 Stat. 1744; Pub. L. 96-579, § 12(c), Dec. 23, 1980, 94 Stat. 3369.) REFERENCES IN TEXT This title, referred to in provision preceding par. (1), is title III of Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1851, as amended, which is classified to sections 301 to 309 of this Appendix. For complete classification of Pub. L. 95-521 to the Code, see Tables. DISCLOSURE REQUIREMENTS The Federal Election Campaign Act of 1971, referred to in par. (4), is Pub. L. 92-225, Feb. 7, 1972, 86 Stat. 3, as amended, which is classified principally to chapter 14 (§ 431 et seq.) of Title 2, The Congress. For complete classification of this Act to the Code, see Short Title note set out under section 431 of Title 2 and Tables. AMENDMENTS 1980-Par. (9). Pub. L. 96-579, § 12(c)(1), defined "judicial officer" to include the judges of the United States Court of Military Appeals. Pub. L. 96-417 substituted "Court of International Trade" for "Customs Court". Par. (10). Pub. L. 96-579, § 12(c)(2), defined "judicial employee" to include employees of the United States Court of Military Appeals. 1979-Par. (1). Pub. L. 96-19, § 9(d), substituted "gross income derived from business (and net income if the individual elects to include it)" for "net and gross income derived from business". Par. (9). Pub. L. 96-19, § 4(c)(1), inserted "Tax Court;" following "Customs Court;". Par. (10). Pub. L. 96-19, § 4(c)(2), inserted "or of the Tax Court" following "Government". EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96-417 effective Nov. 1, 1980 and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96-417, set out as an Effective Date of 1980 Amendment note under section 251 of this title. § 309. Effective Date This title shall take effect on January 1, 1979, and the reports filed under section 301(c) on May 15, 1979, shall include information for calendar year 1978. REFERENCES IN TEXT This title, referred to in text, is title III of Pub. L. 95-521, Oct. 26, 1978, 92 Stat. 1851, as amended, which is classified to sections 301 to 309 of this Appendix. For complete classification of Pub. L. 95-521 to the Code, see Tables. DEVELOPMENT OF MECHANISMS FOR RESOLVING MINOR DISPUTES Pub. L. 96-190, Feb. 12, 1980, 94 Stat. 17 Sec. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. Short Title. Congressional findings and declaration of purpose. Definitions. Criteria for dispute resolution mechanisms. Development of dispute resolution mecha nisms by States. Dispute Resolution Resource Center. Dispute Resolution Advisory Board. Financial assistance. Records; audit; annual report. Authorization of appropriations. § 1. Short Title This Act may be cited as the "Dispute Resolution Act". § 2. Congressional findings and declaration of pur pose (a) The Congress finds and declares that (1) for the majority of Americans, mechanisms for the resolution of minor disputes are largely unavailable, inaccessible, ineffective, expensive, or unfair; (2) the inadequacies of dispute resolution mechanisms in the United States have resulted in dissatisfaction and many types of inadequately resolved grievances and disputes; (3) each individual dispute, such as that between neighbors, a consumer and seller, and a landlord and tenant, for which adequate resolution mechanisms do not exist may be of relatively small social or economic magnitude, but taken collectively such disputes are of enormous social and economic consequence; (4) there is a lack of necessary resources or expertise in many areas of the Nation to develop new or improved consumer dispute resolution mechanisms, neighborhood dispute resolution mechanisms, and other necessary dispute resolution mechanisms; (5) the inadequacy of dispute resolution mechanisms throughout the United States is contrary to the general welfare of the people; (6) neighborhood, local, or community based dispute resolution mechanisms can provide and promote expeditious, inexpensive, equitable, and voluntary resolution of disputes, as well as serve as models for other dispute resolution mechanisms; and (7) the utilization of neighborhood, local, or community resources, including volunteers (and particularly senior citizens) and available building space such as space in public facilities, can provide for accessible, cost-effective resolution of minor disputes. (b) It is the purpose of this Act to assist the States and other interested parties in providing Page 116 to all persons convenient access to dispute resolution mechanisms which are effective, fair, inexpensive, and expeditious. § 3. Definitions For purposes of this Act (1) the term "Advisory Board" means the Dispute Resolution Advisory Board established under section 7(a); (2) the term "Attorney General" means the Attorney General of the United States (or the designee of the Attorney General of the United States); (3) the term "Center" means the Dispute Resolution Resource Center established under section 6(a); (4) the term "dispute resolution mechanism" means (A) a court with jurisdiction over minor disputes; (B) a forum which provides for arbitration, mediation, conciliation, or a similar procedure, which is available to resolve a minor dispute; or (C) a governmental agency or mechanism with the objective of resolving minor disputes; (5) the term "grant recipient" means any State or local government, any State or local governmental agency, and any nonprofit organization which receives a grant under section 8; (6) the term "local" means of or pertaining to any political subdivision of a State; and (7) the term "State" means the several States, the District of Columbia, the Commonwealth of Puerto Rico, or any of the territories and possessions of the United States. § 4. Criteria for dispute resolution mechanisms Any grant recipient which desires to use any financial assistance received under this Act in connection with establishing or maintaining a dispute resolution mechanism shall provide satisfactory assurances to the Attorney General that the dispute resolution mechanism will provide for (1) assistance to persons using the dispute resolution mechanism; (2) the resolution of disputes at times and locations which are convenient to persons the dispute resolution mechanism is intended to serve; (3) adequate arrangements for participation by persons who are limited by language barriers or other disabilities; RESOLVING MINOR DISPUTES (4) reasonable, fair, and readily understandable forms, rules, and procedures, which shall include, where appropriate, those which would (A) ensure that all parties to a dispute are directly involved in the resolution of the dispute, and that the resolution is adequately implemented; (B) promote, where feasible, the voluntary resolution of disputes (including the resolution of disputes by the parties before resorting to the dispute resolution mechanism established by the grant recipient); (C) promote the resolution of disputes by persons not ordinarily involved in the judicial system; (D) provide an easy way for any person to determine the proper name in which, and the proper procedure by which, any person may be made a party to a dispute resolution proceeding; (E) permit the use of dispute resolution mechanisms by the business community if State law so permits; and (F) ensure reasonable privacy protection for individuals involved in the dispute resolution process; (5) the dissemination of information relating to the availability, location, and use of other redress mechanisms in the event that dispute resolution efforts fail or the dispute involved does not come within the jurisdiction of the dispute resolution mechanism; (6) consultation and cooperation with the community and with governmental agencies; and (7) the establishment of programs or procedures for effectively, economically, and appropriately communicating to disputants the availability and location of the dispute resolution mechanism. § 5. Development of dispute resolution mechanisms by States Each State is hereby encouraged to develop(1) sufficient numbers and types of readily available dispute resolution which meet the criteria established in section mechanisms 4; and (2) a public information program which effectively communicates to potential users the availability and location of such dispute resolution mechanisms. § 6. Dispute Resolution Resource Center (a) The Attorney General shall establish a Dispute Resolution Program in the Department of Justice. Such program shall include establishment of a Dispute Resolution Resource Center and a Dispute Resolution Advisory Board and the provision of financial assistance under section 8. (b) The Center (1) shall serve as a national clearinghouse for the exchange of information concerning the improvement of existing dispute resolution mechanisms and the establishment of new dispute resolution mechanisms; (2) shall provide technical assistance to State and local governments and to grant re cipients to improve existing dispute resolution mechanisms and to establish new dispute resolution mechanisms; (3) shall conduct research relating to the improvement of existing dispute resolution mechanisms and to the establishment of new dispute resolution mechanisms, and shall encourage the development of new dispute resolution mechanisms; (4) shall undertake comprehensive surveys of the various State and local governmental dispute resolution mechanisms and major privately operated dispute resolution mechanisms in the States, which shall determine (A) the nature, number, and location of dispute resolution mechanisms in each State; (B) the annual expenditure and operating authority for each such mechanism; (C) the existence of any program for informing the potential users of the availability of each such mechanism; (D) an assessment of the present use of, and projected demand for, the services offered by each such mechanism; and (E) other relevant data relating to the types of disputes addressed by each such mechanism including the average cost and time expended in resolving various types of disputes; (5) shall identify, after consultation with the Advisory Board, those dispute resolution mechanisms or aspects thereof which (A) are most fair, expeditious, and inexpensive to all parties in the resolution of disputes; and (B) are suitable for general adoption; (6) shall make recommendations, after consultation with the Advisory Board, regarding the need for new or improved dispute resolution mechanisms and similar mechanisms; (7) shall identify, after consultation with the Advisory Board, the types of minor disputes which are most amenable to resolution through specific dispute resolution techniques, in order to assist the Attorney General in determining the types of projects which shall receive financial assistance under section 8; (8) shall, as soon as practicable after the date of the enactment of this Act, undertake an information program to advise potential grant recipients, and the chief executive officer, attorney general, and chief judicial officer of each State, of the availability of funds, and eligibility requirements, under this Act; (9) may make grants to, or enter into contracts with, to the extent or in such amounts as are provided in appropriation Acts, public agencies, institutions of higher education, and qualified persons to conduct research, demonstrations, or special projects designed to carry out the provisions of paragraphs (1) through (7); and (10) in awarding such grants and entering into such contracts, shall have as one of its major priorities dispute resolution mechanisms that resolve consumer disputes. RESOLVING MINOR DISPUTES (c) Upon request of the Center, the Community Relations Service of the Department of Justice and the Federal Mediation and Conciliation Service are authorized to assist the Center in performing its functions under this section. (d) Upon the request of the Attorney General, not more than a total of ten Federal employees from the various executive agencies (as defined in section 105 of title 5, United States Code) may be detailed to the Center to assist the Center to perform its functions under this Act. The head of any such agency, with the consent of the employee concerned, may enter into an agreement with the Attorney General to provide for the detail of any employee of his agency for a period of not more than five years, notwithstanding the time limitation contained in section 3341 of title 5, United States Code. An employee detailed under this section is considered, for the purpose of preserving his allowances, privileges, rights, seniority, and other benefits, an employee of the agency from which detailed. Such employee is entitled to pay, allowances, and other benefits from funds available to the agency from which such employee is detailed, except that the Department of Justice shall pay to such employee all travel expenses and allowances payable for services performed during the detail. REFERENCES IN TEXT The date of the enactment of this Act, referred to in subsec. (b)(8), is Feb. 12, 1980, the date of enactment of Pub. L. 96-190, which was approved Feb. 12, 1980. § 7. Dispute Resolution Advisory Board (a) The Attorney General shall establish a Dispute Resolution Advisory Board in the Department of Justice. (b) The Advisory Board shall (1) advise the Attorney General with respect to the administration of the Center under section 6 and the administration of the financial assistance program under section 8; (2) consult with the Center in accordance with the provisions of section 6(b)(5), section 6(b)(6), and section 6(b)(7); and (3) consult with the Attorney General in accordance with the provisions of sections 8(b)(4) and 9(d). (c)(1) The Advisory Board shall consist of nine members appointed by the Attorney General, and shall be composed of persons from State governments, local governments, business organizations, the academic or research community, neighborhood organizations, community organizations, consumer organizations, the legal profession, and State courts. (2) A vacancy in the Advisory Board shall be filled in the same manner as the original appointment. (3)(A) Except as provided in subparagraph (B), members of the Advisory Board shall be appointed for terms which expire at the end of September 30, 1984. (B) Any member appointed to fill a vacancy occurring before the expiration of the term for which the predecessor of such member was ap pointed shall be appointed only for the remainder of the term. (d) While away from their homes or regular places of business in the performance of services for the Advisory Board, members of the Advisory Board shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Federal Government service are allowed expenses under section 5703 of title 5, United States Code. The members of the Advisory Board shall receive no compensation for their services except as provided in this subsection. (e) The Chairman of the Federal Trade Commission may advise and consult with the Attorney General, and may consult with the Center, regarding matters within its jurisdiction. § 8. Financial assistance (a) The Attorney General may provide financial assistance in the form of grants to applicants who have submitted, in accordance with subsection (c), applications for the purpose of improving existing dispute resolution mechanisms or establishing new dispute resolution mechanisms. (b) As soon as practicable after the date of the enactment of this Act, the Attorney General shall prescribe (1) the form and content of applications for financial assistance to be submitted in accordance with subsection (c); (2) the time schedule for submission of such applications; (3) the procedures for approval of such applications, and for notification to each State of financial assistance awarded to applicants in the State for any fiscal year; (4) after consultation with the Advisory Board, the specific criteria for awarding grants to applicants under this section, which shall (A) be consistent with the criteria established in section 4; (B) take into account (i) the population and population density of the States in which applicants for financial assistance available under this section are located; (ii) the financial need of States and localities in which such applicants are located; (iii) the need in the State or locality involved for the type of dispute resolution mechanism proposed; (iv) the national need for experience with the type of dispute resolution mechanism proposed; and (v) the need for obtaining experience in each region of the Nation with dispute resolution mechanisms in a diversity of situations, including rural, suburban, and urban situations; and (C) provide that one of the major priorities of the Attorney General shall be the funding of dispute resolution mechanisms that resolve consumer disputes; |