--- kind: "section" citation: "5 U.S.C. § 7119" title: "5" title_heading: "Government Organization and Employees" number: "7119" heading: "Negotiation impasses; Federal Service Impasses Panel" release: "119-102" date: "2026-07-12" url: "https://uscodex.org/usc/5/7119" units: - "Part III — Employees" - "Subpart F — Labor-Management and Employee Relations" - "Chapter 71 — Labor-Management Relations" - "Subchapter II — Rights and Duties of Agencies and Labor Organizations" --- # §7119. Negotiation impasses; Federal Service Impasses Panel - (a) The Federal Mediation and Conciliation [Service](/usc/5/8401.md?p=26) shall provide [services](/usc/5/8401.md?p=26) and assistance to [agencies](/usc/5/3132.md?p=a-1) and [exclusive representatives](/usc/5/7103.md?p=a-16) in the resolution of negotiation impasses. The [Service](/usc/5/8401.md?p=26) shall determine under what circumstances and in what manner it shall provide [services](/usc/5/8401.md?p=26) and assistance. - (b) If voluntary arrangements, including the [services](/usc/5/8401.md?p=26) of the Federal Mediation and Conciliation [Service](/usc/5/8401.md?p=26) or any other third-party mediation, fail to resolve a negotiation impasse— - (1) either party may request the [Federal Service](/usc/5/8521.md?p=a-1) Impasses [Panel](/usc/5/7103.md?p=a-7) to consider the matter, or - (2) the parties may agree to adopt a procedure for binding arbitration of the negotiation impasse, but only if the procedure is approved by the [Panel](/usc/5/7103.md?p=a-7). - (c) - (1) The [Federal Service](/usc/5/8521.md?p=a-1) Impasses [Panel](/usc/5/7103.md?p=a-7) is an entity within the [Authority](/usc/5/7103.md?p=a-6), the function of which is to provide assistance in resolving negotiation impasses between [agencies](/usc/5/3132.md?p=a-1) and [exclusive representatives](/usc/5/7103.md?p=a-16). - (2) The [Panel](/usc/5/7103.md?p=a-7) shall be composed of a Chairman and at least six other [members](/usc/5/8401.md?p=20), who shall be appointed by the President, solely on the basis of fitness to perform the duties and functions involved, from among individuals who are familiar with [Government](/usc/5/4101.md?p=3) operations and knowledgeable in labor-management relations. - (3) Of the original [members](/usc/5/8401.md?p=20) of the [Panel](/usc/5/7103.md?p=a-7), 2 [members](/usc/5/8401.md?p=20) shall be appointed for a term of 1 year, 2 [members](/usc/5/8401.md?p=20) shall be appointed for a term of 3 years, and the Chairman and the remaining [members](/usc/5/8401.md?p=20) shall be appointed for a term of 5 years. Thereafter each [member](/usc/5/8401.md?p=20) shall be appointed for a term of 5 years, except that an individual chosen to fill a vacancy shall be appointed for the unexpired term of the [member](/usc/5/8401.md?p=20) replaced. Any [member](/usc/5/8401.md?p=20) of the [Panel](/usc/5/7103.md?p=a-7) may be removed by the President. - (4) The [Panel](/usc/5/7103.md?p=a-7) may appoint an [Executive Director](/usc/5/8401.md?p=13) and any other individuals it may from time to time find necessary for the proper performance of its duties. Each [member](/usc/5/8401.md?p=20) of the [Panel](/usc/5/7103.md?p=a-7) who is not an [employee](/usc/5/4701.md?p=a-2) (as defined in [section 2105 of this title](/usc/5/2105.md)) is entitled to [pay](/usc/5/7511.md?p=a-4) at a rate equal to the daily equivalent of the maximum annual rate of [basic pay](/usc/5/8401.md?p=4) then currently paid under the General Schedule for each day he is engaged in the performance of official business of the [Panel](/usc/5/7103.md?p=a-7), including travel time, and is entitled to travel expenses as provided under [section 5703 of this title](/usc/5/5703.md). - (5) - (A) The [Panel](/usc/5/7103.md?p=a-7) or its designee shall promptly investigate any impasse presented to it under [subsection (b)](#b) of this section. The [Panel](/usc/5/7103.md?p=a-7) shall consider the impasse and shall either— - (i) recommend to the parties procedures for the resolution of the impasse; or - (ii) assist the parties in resolving the impasse through whatever methods and procedures, including factfinding and recommendations, it may consider appropriate to accomplish the purpose of this section. - (B) If the parties do not arrive at a settlement after assistance by the [Panel](/usc/5/7103.md?p=a-7) under subparagraph (A) of this paragraph, the [Panel](/usc/5/7103.md?p=a-7) may— - (i) hold hearings; - (ii) administer oaths, take the testimony or deposition of any [person](/usc/5/7103.md?p=a-1) under oath, and issue subpenas as provided in [section 7132 of this title](/usc/5/7132.md); and - (iii) take whatever action is necessary and not inconsistent with this chapter to resolve the impasse. - (C) Notice of any final action of the [Panel](/usc/5/7103.md?p=a-7) under this section shall be promptly served upon the parties, and the action shall be binding on such parties during the term of the agreement, unless the parties agree otherwise. ## Source credit (Added Pub. L. 95–454, title VII, § 701, Oct. 13, 1978, 92 Stat. 1208.) ## Notes ### Editorial Notes ### References in Text The General Schedule, referred to in subsec. (c)(4), is set out under section 5332 of this title. ### Statutory Notes and Related Subsidiaries ### Effective Date Section effective 90 days after Oct. 13, 1978, see section 907 of Pub. L. 95–454, set out as an Effective Date of 1978 Amendment note under section 1101 of this title. ### Executive Documents ### Delegation of Removal Authority Over the Federal Service Impasses Panel Memorandum of President of the United States, Nov. 12, 2019, 84 F.R. 63789, provided: Memorandum for the Federal Labor Relations Authority By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Delegation of Removal Authority. (a) The Federal Labor Relations Authority (FLRA) is delegated the authority under 5 U.S.C. 7119(c)(3) to remove the Chairman and any other member of the Federal Service Impasses Panel (FSIP) appointed by the President under 5 U.S.C. 7119(c)(2). (b) In exercising the authority delegated by this section, the FLRA shall consider the extent to which decisions of members of the FSIP are consistent with the requirements of Chapter 71 of title 5, United States Code, with particular attention to whether the decisions are consistent with the requirement of an effective and efficient Government, as those terms are used in 5 U.S.C. 7101(b), in addition to any other factors that the FLRA may consider appropriate. (c) Within 10 days of exercising the authority delegated by this section, the FLRA shall submit a report to the President, through the Assistant to the President for Domestic Policy, explaining the reasons for its action, with particular emphasis on explaining how such action promotes an effective and efficient Government under 5 U.S.C. 7101(b). (d) The authority delegated by this section may not be redelegated. Sec. 2. General Provisions. (a) Nothing in this memorandum shall be construed to impair or otherwise affect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. (d) The FLRA is hereby authorized and directed to publish this memorandum in the Federal Register.