§595 — Title 5 Government Organization and Employees | U.S. Code

Summary

The full membership of the Administrative Conference meets as the Assembly and has final control of the Conference’s work. The Assembly can make recommendations to improve how government agencies run things, and any member who disagrees can put a written dissent and an alternate proposal into the official record, which must be published with the recommendation. The Assembly also sets its own bylaws and rules and can create committees to study issues and make recommendations. The Conference also has a Council made up of the Chairman plus 10 members the President appoints. Of those 10, no more than half (5) may be employees of Federal regulatory agencies or Executive departments. The President may name a Vice Chairman to act when the Chairman is absent. Council members (except the Chairman) serve 3-year terms and may stay on until a successor is named, unless a job change makes them ineligible. The Council sets meeting times and agendas (it must call at least one full meeting each year), proposes bylaws, reviews committee reports, names officers, and approves or changes the Chairman’s budget plans. The Chairman is the Conference’s chief executive and may investigate matters for study, speak for the Conference to government and the public, ask agencies for information as allowed by law, suggest subjects to the Council, appoint committee members with Council approval, prepare budget estimates, hire and supervise staff, rent office space in Washington, D.C., run and contract studies (including hiring experts and paying consultants up to the maximum GS–15 rate), use other agencies’ services with consent, accept and manage gifts and money (money goes to the Treasury and is disbursed by the Chairman; donated property should be used according to the donor’s terms and is treated as a gift to the United States for tax purposes), accept voluntary unpaid help, give advice to agencies on request, carry out duties the Council or Assembly gives, and ask agencies to tell him if they plan to hire outside people to study an agency proceeding.

Title 5, §595

Government Organization and Employees — Source: USLM XML via OLRC

(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).

Notes & Related Subsidiaries

Historical and Revision Notes

DerivationU.S. CodeRevised Statutes andStatutes at Large 5 U.S.C. 1045d.Aug. 30, 1964, Pub. L. 88–499, § 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.

Editorial Notes

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. Title III of the Act was classified generally to subchapter IV (§ 251 et seq.) of chapter 4 of former Title 41, Public Contracts, and was substantially repealed and restated in division C (§ 3101 et seq.) of subtitle I of Title 41, Public Contracts, by Pub. L. 111–350, §§ 3, 7(b), Jan. 4, 2011, 124 Stat. 3677, 3855. For complete classification of this Act to the Code, see

Short Title

of 1949 Act note set out under section 101 of Title 41 and Tables. For disposition of sections of former Title 41, see Disposition Table preceding section 101 of Title 41.

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, § 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, § 1(b), added pars. (11) to (13) and redesignated former pars. (11) and (12) as (14) and (15), respectively.

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.

§595 Organization of the Conference