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5 U.S.C. § 592 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
For the purpose of this subchapter—
(1) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter, except that it does not include a military or foreign affairs function of the United States;
(2) “administrative agency” means an authority as defined by [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); and
(3) “administrative procedure” means procedure used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion.
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For the purpose of this subchapter—
(1) “administrative program” includes a Federal function which involves protection of the public interest and the determination of rights, privileges, and obligations of private persons through rule making, adjudication, licensing, or investigation, as those terms are used in subchapter II of this chapter, except that it does not include a military or foreign affairs function of the United States;
(2) “administrative agency” means an authority as defined by [section 551(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title5-section551/1&num=0&edition=prelim); and
(3) “administrative procedure” means procedure used in carrying out an administrative program and is to be broadly construed to include any aspect of agency organization, procedure, or management which may affect the equitable consideration of public and private interests, the fairness of agency decisions, the speed of agency action, and the relationship of operating methods to later judicial review, but does not include the scope of agency responsibility as established by law or matters of substantive policy committed by law to agency discretion.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** An agency may use a dispute resolution proceeding for the resolution of an issue in controversy that relates to an administrative program, if the parties agree to such proceeding.
**(b)** An agency shall consider not using a dispute resolution proceeding if—
(1) a definitive or authoritative resolution of the matter is required for precedential value, and such a proceeding is not likely to be accepted generally as an authoritative precedent;
(2) the matter involves or may bear upon significant questions of Government policy that require additional procedures before a final resolution may be made, and such a proceeding would not likely serve to develop a recommended policy for the agency;
(3) maintaining established policies is of special importance, so that variations among individual decisions are not increased and such a proceeding would not likely reach consistent results among individual decisions;
(4) the matter significantly affects persons or organizations who are not parties to the proceeding;
(5) a full public record of the proceeding is important, and a dispute resolution proceeding cannot provide such a record; and
(6) the agency must maintain continuing jurisdiction over the matter with authority to alter the disposition of the matter in the light of changed circumstances, and a dispute resolution proceeding would interfere with the agency’s fulfilling that requirement.
**(c)** Alternative means of dispute resolution authorized under this subchapter are voluntary procedures which supplement rather than limit other available agency dispute resolution techniques.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, added Pub. L. 101–552, § 4(b), Nov. 15, 1990, 104 Stat. 2744, § 592; renumbered § 582, Pub. L. 102–354, § 3(b)(2), Aug. 26, 1992, 106 Stat. 944, related to compilation of data on use of alternative means of dispute resolution in conducting agency proceedings.
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Federal law — U.S. Code and appendices · legal_authorities
Page 165
TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES
§ 593
Statutory Notes and Related Subsidiaries
TERMINATION OF ADMINISTRATIVE CONFERENCE OF
UNITED STATES
Pub. L. 104–52, title IV, Nov. 19, 1995, 109 Stat. 480, au-
thorized $600,000 for the prompt and orderly termi-
nation of the Administrative Conference of the United
States by Feb. 1, 1996.
§ 591. Purposes
The purposes of this subchapter are—
(1) to provide suitable arrangements through
which Federal agencies, assisted by outside ex-
perts, may cooperatively study mutual prob-
lems, exchange information, and develop rec-
ommendations for action by proper authori-
ties to the end that private rights may be fully
protected and regulatory activities and other
Federal responsibilities may be carried out ex-
peditiously in the public interest;
(2) to promote more effective public partici-
pation and efficiency in the rulemaking proc-
ess;
(3) to reduce unnecessary litigation in the
regulatory process;
(4) to improve the use of science in the regu-
latory process; and
(5) to improve the effectiveness of laws ap-
plicable to the regulatory process.
(Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388, § 571; re-
numbered § 591, Pub. L. 102–354, § 2(2), Aug. 26,
1992, 106 Stat. 944; Pub. L. 108–401, § 2(a), Oct. 30,
2004, 118 Stat. 2255.)
HISTORICAL AND REVISION NOTES
Derivation
U.S. Code
Revised Statutes and
Statutes at Large
..................
5 U.S.C. 1045(e).
Aug. 30, 1964, Pub. L. 88–499,
§ 2(e), 78 Stat. 615.
The words ‘‘this subchapter’’ are substituted for ‘‘this
Act’’ to reflect the codification of the Administrative
Conference Act in this subchapter.
Standard changes are made to conform with the defi-
nitions applicable and the style of this title as outlined
in the preface to the report.
Ed
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