5 U.S.C. § 595 : US Code - Section 595: Organization of the Conference
Search 5 U.S.C. § 595 : US Code - Section 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.
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