PRIA, Government Policy, Made Personal

Summary

Creates the Administrative Conference of the United States with between 75 and 101 members and says who must serve. A full-time Chairman is picked by the President for a 5-year term with Senate approval, gets pay at the highest rate for a chairman of an independent regulatory board or commission, and may keep serving until a successor is appointed and qualified. The Conference also includes chairs of independent regulatory boards (or their designees), heads of Executive departments or agencies (or their designees), any people the President names to the Conference Council who are not already members, and, when the Council allows, extra appointees from agencies as designated by those agency heads (with board approval when needed). The Chairman may appoint up to 40 other members with Council approval for 2-year terms, and those appointees must always be at least one-third but no more than two-fifths of the total membership. The Chairman must pick people to give broad private viewpoints and varied experience; appointees should be lawyers, scholars of administrative law or government, or others with special knowledge of federal administrative procedure. Except for the Chairman, members are not paid. Members from outside the federal government get travel expenses and per diem as allowed under section 5703 for unpaid service.

Title 5, §593

Government Organization and Employees, Source: USLM XML via OLRC

(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 Chairman is entitled to pay at the highest rate established 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 regulatory board or commission or an individual designated by the board or commission;

(3)the head of each Executive department or other administrative agency which is designated by the President, or an individual designated 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, department, 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 otherwise members of the Conference; and

(6)not more than 40 other members appointed 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 select the members in a manner which will provide broad representation of the views of private citizens and utilize diverse experience. The members shall be members of the practicing bar, scholars in the field of administrative law or government, or others specially informed by knowledge and experience with respect 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, including per diem instead of subsistence, as authorized by section 5703 of this title for individuals serving without pay.

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes 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 established” are omitted as executed. The words “hereinafter 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 definitions 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 “section 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 ConferenceThe 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 recommended a continuing Conference consisting of both government personnel and outside experts.

§593 Administrative Conference of the United States