5 U.S.C. § 594 — Powers and duties of the Conference

Page 166 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 594 (3) the head of each Executive department or other administrative agency which is des- ignated by the President, or an individual des- ignated by the head of the department or agency; (4) when authorized by the Council referred to in section 595(b) of this title, one or more appointees from a board, commission, depart- ment, or agency referred to in this subsection, designated by the head thereof with, in the case of a board or commission, the approval of the board or commission; (5) individuals appointed by the President to membership on the Council who are not other- wise members of the Conference; and (6) not more than 40 other members ap- pointed by the Chairman, with the approval of the Council, for terms of 2 years, except that the number of members appointed by the Chairman may at no time be less than one- third nor more than two-fifths of the total number of members. The Chairman shall se- lect the members in a manner which will pro- vide broad representation of the views of pri- vate citizens and utilize diverse experience. The members shall be members of the prac- ticing bar, scholars in the field of administra- tive law or government, or others specially in- formed by knowledge and experience with re- spect to Federal administrative procedure. (c) Members of the Conference, except the Chairman, are not entitled to pay for service. Members appointed from outside the Federal Government are entitled to travel expenses, in- cluding per diem instead of subsistence, as au- thorized by section 5703 of this title for individ- uals serving without pay. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 389, § 573; Pub. L. 99–470, § 1, Oct. 14, 1986, 100 Stat. 1198; re- numbered § 593 and amended Pub. L. 102–354, § 2(2), (3), Aug. 26, 1992, 106 Stat. 944.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1045b. Aug. 30, 1964, Pub. L. 88–499, § 4, 78 Stat. 616. In subsection (a), the words ‘‘There is hereby estab- lished’’ are omitted as executed. The words ‘‘herein- after referred to as the ‘Conference’ ’’ are omitted as unnecessary as the title ‘‘Administrative Conference of the United States’’ is fully set out the first time it is used in each section of this chapter. In subsection (b)(4), the words ‘‘referred to in section 575(b) of this title’’ are inserted for clarity. In subsection (c), the words ‘‘by section 5703 of this title’’ are substituted for ‘‘by law (5 U.S.C. 73b–2)’’ to reflect the codification of that section in title 5. 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 593 was renumbered section 583 of this title. AMENDMENTS 1992—Pub. L. 102–354, § 2(2), renumbered section 573 of this title as this section. Subsec. (b)(4). Pub. L. 102–354, § 2(3), substituted ‘‘sec- tion 595(b)’’ for ‘‘section 575(b)’’. 1986—Subsec. (a). Pub. L. 99–470, § 1(a)(1), substituted ‘‘101’’ for ‘‘91’’. Subsec. (b)(6). Pub. L. 99–470, § 1(a)(2), substituted ‘‘40’’ for ‘‘36’’. Statutory Notes and Related Subsidiaries TERMINATION OF ADMINISTRATIVE CONFERENCE OF UNITED STATES For termination of Administrative Conference of United States, see note set out preceding section 591 of this title. DEVELOPMENT OF ADMINISTRATIVE CONFERENCE The Administrative Conference of the United States, established as a permanent body by the Administrative Conference Act, Pub. L. 88–499, Aug. 30, 1964, 78 Stat. 615, was preceded by two temporary Conferences. The first was called by President Eisenhower in 1953 and adopted a final report which was transmitted to the President who acknowledged receipt of it on March 3, 1955. The second was established by President Kennedy by Executive Order No. 10934, Apr. 14, 1961, 26 F.R. 3233, which, by its terms, called for a final report to the President by December 31, 1962. The final report rec- ommended a continuing Conference consisting of both government personnel and outside experts. § 594. Powers and duties of the Conference To carry out the purposes of this subchapter, the Administrative Conference of the United States may— (1) study the efficiency, adequacy, and fair- ness of the administrative procedure used by administrative agencies in carrying out ad- ministrative programs, and make rec- ommendations to administrative agencies, collectively or individually, and to the Presi- dent, Congress, or the Judicial Conference of the United States, in connection therewith, as it considers appropriate; (2) arrange for interchange among adminis- trative agencies of information potentially useful in improving administrative procedure; (3) collect information and statistics from administrative agencies and publish such re- ports as it considers useful for evaluating and improving administrative procedure; (4) enter into arrangements with any admin- istrative agency or major organizational unit within an administrative agency pursuant to which the Conference performs any of the functions described in this section; and (5) provide assistance in response to requests relating to the improvement of administrative procedure in foreign countries, subject to the concurrence of the Secretary of State, the Ad- ministrator of the Agency for International Development, or the Director of the United States Information Agency, as appropriate, except that— (A) such assistance shall be limited to the analysis of issues relating to administrative procedure, the provision of training of for- eign officials in administrative procedure, and the design or improvement of adminis- trative procedure, where the expertise of members of the Conference is indicated; and (B) such assistance may only be under- taken on a fully reimbursable basis, includ- ing all direct and indirect administrative costs. Page 167 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 595 Payment for services provided by the Conference pursuant to paragraph (4) shall be credited to the operating account for the Conference and shall remain available until expended. (Pub. L. 89–554, Sept. 6, 1966, 80 Stat. 390, § 574; Pub. L. 101–422, § 2, Oct. 12, 1990, 104 Stat. 910; re- numbered § 594, Pub. L. 102–354, § 2(2), Aug. 26, 1992, 106 Stat. 944; Pub. L. 102–403, Oct. 9, 1992, 106 Stat. 1968; Pub. L. 108–401, § 2(b)(1), Oct. 30, 2004, 118 Stat. 2255.) HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large .................. 5 U.S.C. 1045c. Aug. 30, 1964, Pub. L. 88–499, § 5, 78 Stat. 616. 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 AMENDMENTS 2004—Pub. L. 108–401 substituted ‘‘purposes’’ for ‘‘pur- pose’’ in introductory provisions. 1992—Pub. L. 102–354 renumbered section 574 of this title as this section. Par. (4). Pub. L. 102–403 amended par. (4) generally. Prior to amendment, par. (4) read as follows: ‘‘enter into arrangements with any administrative agency or major organizational unit within an administrative agency pursuant to which the Conference performs any of the functions described in paragraphs (1), (2), and (3).’’ Par. (5). Pub. L. 102–403 which directed addition of par. (5) at end of section, was executed by adding par. (5) after par. (4) and before concluding provisions, to re- flect the probable intent of Congress. 1990—Pub. L. 101–422 added par. (4) and concluding provisions. Statutory Notes and Related Subsidiaries TERMINATION OF ADMINISTRATIVE CONFERENCE OF UNITED STATES For termination of Administrative Conference of United States, see note set out preceding section 591 of this title. TRANSFER OF FUNCTIONS United States Information Agency (other than Broad- casting Board of Governors and International Broad- casting Bureau) abolished and functions transferred to Secretary of State, see sections 6531 and 6532 of Title 22, Foreign Relations and Intercourse. § 595. Organization of the Conference (a) The membership of the Administrative Conference of the United States meeting in ple- nary session constitutes the Assembly of the Conference. The Assembly has ultimate author- ity over all activities of the Conference. Specifi- cally, it has the power to— (1) adopt such recommendations as it con- siders appropriate for improving administra- tive procedure. A member who disagrees with a recommendation adopted by the Assembly is entitled to enter a dissenting opinion and an alternate proposal in the record of the Con- ference proceedings, and the opinion and pro- posal so entered shall accompany the Con- ference recommendation in a publication or distribution thereof; and (2) adopt bylaws and regulations not incon- sistent with this subchapter for carrying out the functions of the Conference, including the creation of such committees as it considers necessary for the conduct of studies and the development of recommendations for consider- ation by the Assembly. (b) The Conference includes a Council com- posed of the Chairman of the Conference, who is Chairman of the Council, and 10 other members appointed by the President, of whom not more than one-half shall be employees of Federal reg- ulatory agencies or Executive departments. The President may designate a member of the Coun- cil as Vice Chairman. During the absence or in- capacity of the Chairman, or when that office is vacant, the Vice Chairman shall serve as Chair- man. The term of each member, except the Chairman, is 3 years. When the term of a mem- ber ends, he may continue to serve until a suc- cessor is appointed. However, the service of any member ends when a change in his employment status would make him ineligible for Council membership under the conditions of his original appointment. The Council has the power to— (1) determine the time and place of plenary sessions of the Conference and the agenda for the sessions. The Council shall call at least one plenary session each year; (2) propose bylaws and regulations, including rules of procedure and committee organiza- tion, for adoption by the Assembly; (3) make recommendations to the Con- ference or its committees on a subject ger- mane to the purpose of the Conference; (4) receive and consider reports and rec- ommendations of committees of the Con- ference and send them to members of the Con- ference with the views and recommendations of the Council; (5) designate a member of the Council to pre- side at meetings of the Council in the absence or incapacity of the Chairman and Vice Chair- man; (6) designate such additional officers of the Conference as it considers desirable; (7) approve or revise the budgetary proposals of the Chairman; and (8) exercise such other powers as may be del- egated to it by the Assembly. (c) The Chairman is the chief executive of the Conference. In that capacity he has the power to— (1) make inquiries into matters he considers important for Conference consideration, in- cluding matters proposed by individuals inside or outside the Federal Government; (2) be the official spokesman for the Con- ference in relations with the several branches and agencies of the Federal Government and with interested organizations and individuals outside the Government, including responsi- bility for encouraging Federal agencies to carry out the recommendations of the Con- ference; (3) request agency heads to provide informa- tion needed by the Conference, which informa- tion shall be supplied to the extent permitted by law; (4) recommend to the Council appropriate subjects for action by the Conference;