5 U.S.C. § 592 — Definitions

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. Editorial Notes PRIOR PROVISIONS A prior section 591 was renumbered section 581 of this title. AMENDMENTS 2004—Pub. L. 108–401 amended section catchline and text generally. Prior to amendment, text read as fol- lows: ‘‘It is the purpose of this subchapter to provide suitable arrangements through which Federal agencies, assisted by outside experts, may cooperatively study mutual problems, exchange information, and develop recommendations for action by proper authorities to the end that private rights may be fully protected and regulatory activities and other Federal responsibilities may be carried out expeditiously in the public inter- est.’’ 1992—Pub. L. 102–354 renumbered section 571 of this title as this section. § 592. Definitions 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, li- censing, 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 au- thority as defined by section 551(1) of this title; and (3) ‘‘administrative procedure’’ means proce- dure used in carrying out an administrative program and is to be broadly construed to in- clude any aspect of agency organization, pro- cedure, 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 responsi- bility as established by law or matters of sub- stantive policy committed by law to agency discretion. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 388, § 572; re- numbered § 592, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1045a. Aug. 30, 1964, Pub. L. 88–499, § 3, 78 Stat. 615. In paragraph (1), the words ‘‘subchapter II of this chapter’’ are substituted for ‘‘the Administrative Pro- cedure Act (5 U.S.C. 1001–1011)’’ to reflect the codifica- tion of the Act in this title. The word ‘‘naval’’ is omit- ted as included in ‘‘military’’. In paragraph (2), the words ‘‘section 551(1) of this title’’ are substituted for ‘‘section 2(a) of the Adminis- trative Procedure Act (5 U.S.C. 1001(a))’’. 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. Editorial Notes PRIOR PROVISIONS A prior section 592 was renumbered section 582 of this title and was subsequently repealed. AMENDMENTS 1992—Pub. L. 102–354 renumbered section 572 of this title as this section. § 593. Administrative Conference of the United States (a) The Administrative Conference of the United States consists of not more than 101 nor less than 75 members appointed as set forth in subsection (b) of this section. (b) The Conference is composed of— (1) a full-time Chairman appointed for a 5- year term by the President, by and with the advice and consent of the Senate. The Chair- man is entitled to pay at the highest rate es- tablished by statute for the chairman of an independent regulatory board or commission, and may continue to serve until his successor is appointed and has qualified; (2) the chairman of each independent regu- latory board or commission or an individual designated by the board or commission;