5 U.S.C. § 500 — Administrative practice; general provisions

Page 100 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 500 1 So in original. Does not conform to section catchline. Sec. 552. Public information; agency rules, opinions, orders, records, and proceedings. 552a. Records about individuals.1 552b. Open meetings. 553. Rule making. 554. Adjudications. 555. Ancillary matters. 556. Hearings; presiding employees; powers and duties; burden of proof; evidence; record as basis of decision. 557. Initial decisions; conclusiveness; review by agency; submissions by parties; contents of decisions; record. 558. Imposition of sanctions; determination of ap- plications for licenses; suspension, revoca- tion, and expiration of licenses. 559. Effect on other laws; effect of subsequent statute. SUBCHAPTER III—NEGOTIATED RULEMAKING PROCEDURE 561. Purpose. 562. Definitions. 563. Determination of need for negotiated rule- making committee. 564. Publication of notice; applications for mem- bership on committees. 565. Establishment of committee. 566. Conduct of committee activity. 567. Termination of committee. 568. Services, facilities, and payment of com- mittee member expenses. 569. Encouraging negotiated rulemaking. 570. Judicial review. 570a. Authorization of appropriations. SUBCHAPTER IV—ALTERNATIVE MEANS OF DIS- PUTE RESOLUTION IN THE ADMINISTRATIVE PROCESS 571. Definitions. 572. General authority. 573. Neutrals. 574. Confidentiality. 575. Authorization of arbitration. 576. Enforcement of arbitration agreements. 577. Arbitrators. 578. Authority of the arbitrator. 579. Arbitration proceedings. 580. Arbitration awards. 581. Judicial review. [582. Repealed.] 583. Support services. 584. Authorization of appropriations. SUBCHAPTER V—ADMINISTRATIVE CONFERENCE OF THE UNITED STATES 591. Purposes. 592. Definitions. 593. Administrative Conference of the United States. 594. Powers and duties of the Conference. 595. Organization of the Conference. 596. Authorization of appropriations. Editorial Notes AMENDMENTS 2004—Pub. L. 108–401, § 2(b)(2), Oct. 30, 2004, 118 Stat. 2255, substituted ‘‘Purposes’’ for ‘‘Purpose’’ in item 591. 1996—Pub. L. 104–320, §§ 4(b)(2), 10(b), 11(b)(2), (d)(2), Oct. 19, 1996, 110 Stat. 3871, 3873, 3874, in item 569 sub- stituted ‘‘Encouraging negotiated rulemaking’’ for ‘‘Role of the Administrative Conference of the United States and other entities’’, added items 570a and 584, and struck out item 582 ‘‘Compilation of information’’. 1992—Pub. L. 102–354, § 4, Aug. 26, 1992, 106 Stat. 945, substituted headings of subchapters III, IV, and V and items 561 to 570, 571 to 583, and 591 to 596 for former heading of subchapter III and former items 571 to 576 relating to Administrative Conference of the United States, former heading of subchapter IV and former items 581 to 593 relating to alternative means of dispute resolution in the administrative process, and former heading of subchapter IV and former items 581 to 590 re- lating to negotiated rulemaking procedure. 1990—Pub. L. 101–648, § 3(b), Nov. 29, 1990, 104 Stat. 4976, added heading of subchapter IV and items 581 to 590 relating to negotiated rulemaking procedure. Pub. L. 101–552, § 4(c), Nov. 15, 1990, 104 Stat. 2745, added heading of subchapter IV and items 581 to 593 [re- numbered 571 to 583] relating to alternative means of dispute resolution. 1986—Pub. L. 99–470, § 2(b), Oct. 14, 1986, 100 Stat. 1198, substituted ‘‘Authorization of appropriations’’ for ‘‘Ap- propriations’’ in item 576. 1985—Pub. L. 99–80, § 6, Aug. 5, 1985, 99 Stat. 186, re- vived item 504 and repealed Pub. L. 96–481, title II, § 203(c), Oct. 21, 1980, 94 Stat. 2327, which provided for the repeal, effective Oct. 1, 1984, of item 504. 1980—Pub. L. 96–481, title II, § 203(a)(2), (c), Oct. 21, 1980, 94 Stat. 2327, added item 504 ‘‘Costs and fees of par- ties’’, and repealed that item effective Oct. 1, 1984. 1976—Pub. L. 94–409, § 3(b), Sept. 13, 1976, 90 Stat. 1246, added item 552b. 1974—Pub. L. 93–579, § 4, Dec. 31, 1974, 88 Stat. 1905, added item 552a. 1967—Pub. L. 90–83, § 1(1)(B), Sept. 11, 1967, 81 Stat. 195, added item 500. Pub. L. 90–23, § 2, June 5, 1967, 81 Stat. 56, substituted ‘‘Public information; agency rules, opinions, orders, records and proceedings’’ for ‘‘Publication of informa- tion, rules, opinions, orders, and public records’’ in item 552. SUBCHAPTER I—GENERAL PROVISIONS § 500. Administrative practice; general provisions (a) For the purpose of this section— (1) ‘‘agency’’ has the meaning given it by section 551 of this title; and (2) ‘‘State’’ means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. (c) An individual who is duly qualified to prac- tice as a certified public accountant in a State may represent a person before the Internal Rev- enue Service of the Treasury Department on fil- ing with that agency a written declaration that he is currently qualified as provided by this sub- section and is authorized to represent the par- ticular person in whose behalf he acts. (d) This section does not— (1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or rep- resent a person before an agency or in an agen- cy proceeding; (2) authorize or limit the discipline, includ- ing disbarment, of individuals who appear in a representative capacity before an agency; (3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or Page 101 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 503 (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. (e) Subsections (b)–(d) of this section do not apply to practice before the United States Pat- ent and Trademark Office with respect to patent matters that continue to be covered by chapter 3 (sections 31–33) of title 35. (f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, a no- tice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically re- quired by statute. When a participant is rep- resented by more than one such qualified rep- resentative, service on any one of the represent- atives is sufficient. (Added Pub. L. 90–83, § 1(1)(A), Sept. 11, 1967, 81 Stat. 195; amended Pub. L. 106–113, div. B, § 1000(a)(9) [title IV, § 4732(b)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A–583.) HISTORICAL AND REVISION NOTES Section of title 5 Source (U.S. Code) Source (Revised Statutes at Large) 500(a) ......... 5 App.: 1014. Nov. 8, 1965, Pub. L. 89–332, § 3, 79 Stat. 1281. 500(b)–(e) ... 5 App.: 1012. Nov. 8, 1965, Pub. L. 89–332, § 1, 79 Stat. 1281. 500(f) ......... 5 App.: 1013. Nov. 8, 1965, Pub. L. 89–332, § 2, 79 Stat. 1281. The definition of ‘‘State’’ in subsection (a)(2) is sup- plied for convenience and is based on the words ‘‘State, possession, territory, Commonwealth, or District of Co- lumbia’’ in subsections (a) and (b) of 5 App. U.S.C. 1012. In subsection (d), the words ‘‘This section does not’’ are substituted for ‘‘nothing herein shall be con- strued’’. In subsection (d)(3), the word ‘‘employee’’ is sub- stituted for ‘‘officer or employee’’ to conform to the definition of ‘‘employee’’ in 5 U.S.C. 2105. Editorial Notes AMENDMENTS 1999—Subsec. (e). Pub. L. 106–113 substituted ‘‘United States Patent and Trademark Office’’ for ‘‘Patent Of- fice’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Amendment by Pub. L. 106–113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106–113, set out as a note under section 1 of Title 35, Patents. § 501. Advertising practice; restrictions An individual, firm, or corporation practicing before an agency of the United States may not use the name of a Member of either House of Congress or of an individual in the service of the United States in advertising the business. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 101. Apr. 27, 1916, ch. 89, § 1, 39 Stat. 54. The words ‘‘may not’’ are substituted for ‘‘It shall be unlawful for’’. The words ‘‘agency of the United States’’ are substituted for ‘‘any department or office of the Government’’. The words ‘‘an individual in the service of the United States’’ are substituted for ‘‘offi- cer of the Government’’ in view of the definitions in sections 2104 and 2105. 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. § 502. Administrative practice; Reserves and Na- tional Guardsmen Membership in a reserve component of the armed forces or in the National Guard does not prevent an individual from practicing his civil- ian profession or occupation before, or in con- nection with, an agency of the United States. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 30r(c) (2d sentence). Aug. 10, 1956, ch. 1041, § 29(c) (2d sentence), 70A Stat. 632. 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. § 503. Witness fees and allowances (a) For the purpose of this section, ‘‘agency’’ has the meaning given it by section 5721 of this title. (b) A witness is entitled to the fees and allow- ances allowed by statute for witnesses in the courts of the United States when— (1) he is subpenaed under section 304(a) of this title; or (2) he is subpenaed to and appears at a hear- ing before an agency authorized by law to hold hearings and subpena witnesses to attend the hearings. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 381.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 95. R.S. § 185. .................. 5 U.S.C. 95a. Aug. 2, 1946, ch. 744, § 10, 60 Stat. 809. Former sections 95 and 95a are combined and restated for clarity and brevity. The words ‘‘or expenses in the case of Government officers and employees’’ are omit- ted as covered by section 1823 of title 28. The word ‘‘agency’’ is substituted for ‘‘department’’ and defined to conform to the definition of ‘‘department’’ in section 18 of the Act of Aug. 2, 1946, ch. 744, 60 Stat. 811. This section was part of title IV of the Revised Stat- utes. The Act of July 26, 1947, ch. 343, § 201(d), as added Aug. 10, 1949, ch. 412, § 4, 63 Stat. 579 (former 5 U.S.C. 171–1), which provides ‘‘Except to the extent incon- sistent with the provisions of this Act [National Secu- rity Act of 1947], the provisions of title IV of the Re-