
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 5USC595]

 
             TITLE 5--GOVERNMENT ORGANIZATION AND EMPLOYEES
 
                     PART I--THE AGENCIES GENERALLY
 
                   CHAPTER 5--ADMINISTRATIVE PROCEDURE
 
      SUBCHAPTER V--ADMINISTRATIVE CONFERENCE OF THE UNITED STATES
 
Sec. 595. Organization of the Conference

    (a) The membership of the Administrative Conference of the United 
States meeting in plenary session constitutes the Assembly of the 
Conference. The Assembly has ultimate authority over all activities of 
the Conference. Specifically, it has the power to--
        (1) adopt such recommendations as it considers appropriate for 
    improving administrative 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 
    Conference proceedings, and the opinion and proposal so entered 
    shall accompany the Conference recommendation in a publication or 
    distribution thereof; and
        (2) adopt bylaws and regulations not inconsistent 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 consideration by the Assembly.

    (b) The Conference includes a Council composed 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 regulatory agencies or Executive departments. The 
President may designate a member of the Council as Vice Chairman. During 
the absence or incapacity of the Chairman, or when that office is 
vacant, the Vice Chairman shall serve as Chairman. The term of each 
member, except the Chairman, is 3 years. When the term of a member ends, 
he may continue to serve until a successor 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 organization, for adoption by the Assembly;
        (3) make recommendations to the Conference or its committees on 
    a subject germane to the purpose of the Conference;
        (4) receive and consider reports and recommendations of 
    committees of the Conference and send them to members of the 
    Conference with the views and recommendations of the Council;
        (5) designate a member of the Council to preside at meetings of 
    the Council in the absence or incapacity of the Chairman and Vice 
    Chairman;
        (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 delegated 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, including matters proposed by individuals 
    inside or outside the Federal Government;
        (2) be the official spokesman for the Conference in relations 
    with the several branches and agencies of the Federal Government and 
    with interested organizations and individuals outside the 
    Government, including responsibility for encouraging Federal 
    agencies to carry out the recommendations of the Conference;
        (3) request agency heads to provide information needed by the 
    Conference, which information shall be supplied to the extent 
    permitted by law;
        (4) recommend to the Council appropriate subjects for action by 
    the Conference;
        (5) appoint, with the approval of the Council, members of 
    committees authorized by the bylaws and regulations of the 
    Conference;
        (6) prepare, for approval of the Council, estimates of the 
    budgetary requirements of the Conference;
        (7) appoint and fix the pay of employees, define their duties 
    and responsibilities, and direct and supervise their activities;
        (8) rent office space in the District of Columbia;
        (9) provide necessary services for the Assembly, the Council, 
    and the committees of the Conference;
        (10) organize and direct studies ordered by the Assembly or the 
    Council, to contract for the performance of such studies with any 
    public or private persons, firm, association, corporation, or 
    institution under title III of the Federal Property and 
    Administrative Services Act of 1949, as amended (41 U.S.C. 251-260), 
    and to use from time to time, as appropriate, experts and 
    consultants who may be employed in accordance with section 3109 of 
    this title at rates not in excess of the maximum rate of pay for 
    grade GS-15 as provided in section 5332 of this title;
        (11) utilize, with their consent, the services and facilities of 
    Federal agencies and of State and private agencies and 
    instrumentalities with or without reimbursement;
        (12) accept, hold, administer, and utilize gifts, devises, and 
    bequests of property, both real and personal, for the purpose of 
    aiding and facilitating the work of the Conference. Gifts and 
    bequests of money and proceeds from sales of other property received 
    as gifts, devises, or bequests shall be deposited in the Treasury 
    and shall be disbursed upon the order of the Chairman. Property 
    accepted pursuant to this section, and the proceeds thereof, shall 
    be used as nearly as possible in accordance with the terms of the 
    gifts, devises, or bequests. For purposes of Federal income, estate, 
    or gift taxes, property accepted under this section shall be 
    considered as a gift, devise, or bequest to the United States;
        (13) accept voluntary and uncompensated services, 
    notwithstanding the provisions of section 1342 of title 31;
        (14) on request of the head of an agency, furnish assistance and 
    advice on matters of administrative procedure;
        (15) exercise such additional authority as the Council or 
    Assembly delegates to him; and
        (16) request any administrative agency to notify the Chairman of 
    its intent to enter into any contract with any person outside the 
    agency to study the efficiency, adequacy, or fairness of an agency 
    proceeding (as defined in section 551(12) of this title).

The Chairman shall preside at meetings of the Council and at each 
plenary session of the Conference, to which he shall make a full report 
concerning the affairs of the Conference since the last preceding 
plenary session. The Chairman, on behalf of the Conference, shall 
transmit to the President and Congress an annual report and such interim 
reports as he considers desirable.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 390, Sec. 575; Pub. L. 92-526, 
Sec. 1, Oct. 21, 1972, 86 Stat. 1048; Pub. L. 97-258, Sec. 3(a)(1), 
Sept. 13, 1982, 96 Stat. 1062; Pub. L. 101-422, Sec. 3, Oct. 12, 1990, 
104 Stat. 910; renumbered Sec. 595, Pub. L. 102-354, Sec. 2(2), Aug. 26, 
1992, 106 Stat. 944.)

                      Historical and Revision Notes
------------------------------------------------------------------------
                                                    Revised Statutes and
     Derivation                U.S. Code             Statutes at Large
------------------------------------------------------------------------
                     5 U.S.C. 1045d.               Aug. 30, 1964, Pub.
                                                    L. 88-499, Sec.  6,
                                                    78 Stat. 617.
------------------------------------------------------------------------

    In subsection (b), the words ``except that the Council members 
initially appointed shall serve for one, two, or three years, as 
designated by the President'' are omitted as executed, existing rights 
being preserved by technical section 8.
    In subsection (b)(1), the words ``the sessions'' are substituted for 
``such meetings'' for clarity as elsewhere the word ``sessions'' refers 
to sessions of the Conference and ``meetings'' refers to meetings of the 
Council.
    In subsection (c)(7), the words ``subject to the civil service and 
classification laws'' are omitted as unnecessary inasmuch as 
appointments in the executive branch are made subject to the civil 
service laws and pay is fixed under classification laws unless 
specifically excepted. The words ``and fix the pay of'' are added for 
clarity.
    Standard changes are made to conform with the definitions applicable 
and the style of this title as outlined in the preface to the report.

                       References in Text

    The Federal Property and Administrative Services Act of 1949, 
referred to in subsec. (c)(10), is act June 30, 1949, ch. 288, 63 Stat. 
377, as amended. Title III of that Act is classified generally to 
subchapter IV (Sec. 251 et seq.) of chapter 4 of Title 41, Public 
Contracts. For complete classification of this Act to the Code, see 
Short Title note set out under section 471 of Title 40, Public 
Buildings, Property, and Works, and Tables.


                               Amendments

    1992--Pub. L. 102-354 renumbered section 575 of this title as this 
section.
    1990--Subsec. (c)(16). Pub. L. 101-422 added par. (16).
    1982--Subsec. (c)(13). Pub. L. 97-258 substituted ``section 1342 of 
title 31'' for ``section 3679(b) of the Revised Statutes (31 U.S.C. 
665(b))''.
    1972--Subsec. (c)(10). Pub. L. 92-526, Sec. 1(a), inserted 
provisions authorizing contracts for the performance of such studies 
with any public or private persons, etc., under title III of the Federal 
Property and Administrative Services Act of 1949, as amended, and 
substituted provisions authorizing the payment of experts and 
consultants in accordance with rates not in excess of the maximum rate 
of pay for grade GS-15 as provided in section 5332 of this title, for 
provisions authorizing the payment of such individuals at rates not in 
excess of $100 a day.
    Subsec. (c)(11) to (15). Pub. L. 92-526, Sec. 1(b), added pars. (11) 
to (13) and redesignated former pars. (11) and (12) as (14) and (15), 
respectively.

        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.

                  Section Referred to in Other Sections

    This section is referred to in section 593 of this title.
