(3) the head of each Executive department or other admin trative agency which is designated by the President, or an in vidual designated by the head of the department or agency:

(4) when authorized by the Council referred to in section (b) of this title, one or more appointees from a board, commiss department, or agency referred to in this subsection, designa by the head thereof with, in the case of a board or commission.: approval of the board or commission;

(5) individuals appointed by the President to membership the Council who are not otherwise members of the Conferen and

(6) not more than 36 other members appointed by the Chi man, with the approval of the Council, for terms of 2 years, exe that the number of members appointed by the Chairman may no time be less than one-third nor more than two-fifths of total number of members. The Chairman shall select the memb in a manner which will provide broad representation of the vie of private citizens and utilize diverse experience. The membe shall be members of the practicing bar, scholars in the field administrative law or government, or others specially informed knowledge and experience with respect to Federal administra procedure.

(c) Members of the Conference, except the Chairman, are not titled to pay for service. Members appointed from outside the Fede Government are entitled to travel expenses, including per diem inst of subsistence, as authorized by section 5703 of this title for indi uals serving without pay. (Pub. L. 89-554, Sept. 6, 1966, 80 Stat. & § 574. Powers and duties of the Conference

To carry out the purpose of this subchapter, the Administra: Conference of the United States may

(1) study the efficiency, adequacy, and fairness of the admi trative procedure used by administrative agencies in carrying administrative programs, and make recommendations to admi trative agencies, collectively or individually, and to the Preside Congress, or the Judicial Conference of the United States, in e nection therewith, as it considers appropriate;

(2) arrange for interchange among administrative agencies information potentially useful in improving administrative [ cedure; and

(3) collect information and statistics from administrative ag cies and publish such reports as it considers useful for evaluat and improving administrative procedure.

(Pub. L. 89-554, Sept. 6, 1966, 80 Stat. 390).

§ 575. Organization of the Conference

(a) The membership of the Administrative Conference of United States meeting in plenary session constitutes the Assembly the Conference. The assembly has ultimate authority over all activi of the Conference. Specifically, it has the power to

(1) adopt such recommendations as it considers appropri for improving administrative procedure. A member who disagra with a recommendation adopted by the Assembly is entitled

ca

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 he Conference, who is Chairman of the Council, and 10 other mems appointed by the President, of whom not more than one-half 11 be employees of Federal regulatory agencies or Executive detments. The President may designate a member of the Council as e Chairman. During the absence or incapacity of the Chairman or en that office is vacant, the Vice Chairman shall serve as Chairman. e term of each member, except the Chairman, is 3 years. When the n of a member ends, he may continue to serve until a successor is ointed. However, the service of any member ends when a change his employment status would make him ineligible for Council nbership under the conditions of his original appointment. The incil 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 acity 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 ext permitted by law;

(4) recommend to the Council appropriate subjects for ac by the Conference;

(5) appoint, with the approval of the Council, members committees authorized by the bylaws and regulations of: Conference;

(6) prepare, for approval of the Council, estimates of the bu etary requirements of the Conference;

(7) appoint and fix the pay of employees, define their du 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 Cou and the committees of the Conference;

(10) organize and direct studies ordered by the Assemb the Council, to contract for the performance of such studies any public or private persons, firm, association, corporatio institution under title III of the Federal Property and Adm trative Services Act of 1949, as amended (41 U.S.Č. 251–260).. to use from time to time, as appropriate, experts and consult who may be employed in accordance with section 3109 of this: at rates not in excess of the maximum rate of pay for grade G as provided in section 5332 of this title;

(11) utilize, with their consent, the services and facilitie Federal agencies and of State and private agencies and in mentalities with or without reimbursement;

(12) accept, hold, administer, and utilize gifts, devices, and quests of property, both real and personal, for the purpos aiding and facilitating the work of the Conference. Gifts and quests of money and proceeds from sales of other property ceived as gifts, devises, or bequests shall be deposited in Treasury and shall be disbursed upon the order of the Chair Property accepted pursuant to this section, and the proceeds t of, shall be used as nearly as possible in accordance with the te of the gifts, devises, or bequests. For purposes of Federal inc estate, or gift taxes, property accepted under this section sha considered as a gift, devise, or bequest to the United States:

(13) accept voluntary and uncompensated services not standing the provisions of section 3679 (b) of the Revised Stat: (31 U.S.C. 665 (b));

(14) on request of the head of an agency, furnish assistance. advice on matters of administrative procedure; and

(15) exercise such additional authority as the Council or: sembly delegates to him.

The Chairman shall preside at meetings of the Council and at plenary session of the Conference, to which he shall make a full rep concerning the affairs of the Conference since the last preced plenary session. The Chairman, on behalf of the Conference, sa transmit to the President and Congress an annual report and s interim reports as he considers desirable. (Pub. L. 89-554, Sept 1966, 80 Stat. 390; amended Pub. L. 92-526. § 1, Oct. 21, 1972, 86 Sa 1048.)

76. Appropriations

To carry out the purposes of this subchapter, there are authorized to appropriated sums not to exceed $1,700,000 for the fiscal year ending ptember 30, 1979, $2,000,000 for the fiscal year ending September 30, 30, $2,300,000 for the fiscal year ending September 30, 1981, and 300,000 for the fiscal year ending September 30, 1982. (Pub. L. 95– 3, June 13, 1978, 92 Stat. 317.)

Sec. 612. Reports and intervention rights.

§ 601. Definitions

For purposes of this chapter

(1) the term "agency" means an agency as defined in sectic 55(1) of this title;

(2) the term "rule" means any rule for which the agency pu lishes a general notice of proposed rulemaking pursuant to sectio 553 (b) of this title, or any other law, including any rule of gener applicability governing Federal grants to State and local gover ments for which the agency provides an opportunity for noti and public comment, except that the term "rule" does not inclu a rule of particular applicability relating to rates, wages, corpor or financial structures or reorganizations thereof, prices, facilitis appliances, services, or allowances therefor or to valuations, cost or accounting, or practices relating to such rates, wages, structure prices, appliances, services, or allowances;

(3) the term "small business" has the same meaning as the ter "small business concern" under section 3 of the Small Busine Act, unless an agency, after consultation with the Office of Ad cacy of the Small Business Administration and after opportunit for public comment, establishes one or more definitions of sui term which are appropriate to the activities of the agency an publishes such definition (s) in the Federal Register;

(4) the term "small organization" means any not-for-profit e terprise which is independently owned and operated and is n dominant in its field, unless an agency establishes, after opport nity for public comment, one or more definitions of such ter which are appropriate to the activities of the agency and pr lishes such definition (s) in the Federal Register;

(5) the term "small governmental jurisdiction" means gover ments of cities, counties, towns, townships, villages, school d tricts, or special districts, with a population of less than fif thousand, unless an agency establishes, after opportunity fo public comment, one or more definitions of such term which