The purpose of the Administrative Conference is to develop improvements in the legal procedures by which Federal agencies administer regulatory, benefit, and other Government programs. As members of the Conference, agency heads, other Federal officials, private lawyers, university professors, and other experts in administrative law and government are provided with a forum in which they can conduct continuing studies of selected problems involving these administrative procedures and can combine their experience and judgment in cooperative efforts toward improving the fairness and effectiveness of such procedures.

§ 301.3 Organization.

The Chairman of the Administrative Conference of the United States is appointed by the President, with the advice and consent of the Senate, for a five-year term. The Council, which is the executive board, consists of the Chairman and 10 other members who are appointed by the President for three-year terms, of whom not more than one-half may be drawn from Federal agencies. It has authority to call plenary sessions of the Conference and fix their agenda, to recommend subjects for study, to receive and con

sider reports and recommendations before they are considered by the Assembly, and to exercise general budgetary and policy supervision. The total membership of the Conference may not, by statute, exceed 91. It comprises, in addition to the Council, approximately 44 Government members (heads of agencies or their designees) from 36 departments and agencies, and approximately 36 non-Government or public members (lawyers in private practice, university faculty members, and others specially informed in law and government) appointed by the Chairman with the approval of the Council for two-year terms. The Chairman is the only fulltime compensated member. The entire membership is divided into six committees, each assigned a broad area of interest as follows: Adjudication, Administration, Governmental Processes, Judicial Review, Regulation, and Rulemaking. The membership meeting in plenary session is called the Assembly of the Administrative Conference. The Council must call at least one plenary session each year.

[47 FR 58207, Dec. 30, 1982]

§ 301.4 Activities.

Subjects for inquiry are developed by the Chairman, the Council, the committees, and the Assembly. The committees, with the assistance of staff and consultants, conduct thorough studies of these subjects and develop proposed recommendations and supporting reports. Reports and recommendations are considered by the Council and are distributed to the membership, with the views and recommendations of the Council, to be placed on the agenda of the next plenary session. The Assembly has complete authority to approve, amend, remand, or reject recommendations presented by the committees. The deliberations of the Assembly are public. Recommendations adopted by the Conference may call for new legislation or for action on the part of affected agencies. The Assembly also has authority to adopt bylaws for carrying out the functions of the Conference. The Conference collects information and statistics from departments and

agencies and publishes such reports as it considers useful for evaluating and improving administrative process. The Conference also serves as a forum for the interchange among departments and agencies of information which may be useful in improving administrative practices and procedures.

§ 301.5 Office of the Chairman.

The Chairman is the chief executive of the Conference. He is served by a small permanent staff. The Chairman is authorized to encourage the departments and agencies to adopt the recommendations of the Conference and is required by the Administrative Conference Act to transmit to the President and to Congress an annual report that interim reports concerning the activities of the Conference, including reports on the implementation of its recommendations. The Chairman is authorized to make independent inquiries into procedural matters he considers important for Conference consideration, including matters proposed by individuals inside or outside the Government. The purpose of conducting inquiries into such individual problems is not to review the results in particular cases, but rather to determine whether the problems should be made the subject of Conference study in the interests of developing fair and effective procedures for such cases. Upon the request of the head of a department or agency, the Chairman is authorized to furnish advice and assistance on matters of administrative procedure.

PART 302-BYLAWS OF THE ADMINISTRATIVE CONFERENCE OF THE UNITED STATES

Sec.

302.1 Establishment and objective.

302.2 Membership.

302.3 Committees.

302.4 Liaison arrangements.

302.5 Avoidance of conflicts of interest. 302.6 General.

AUTHORITY: 5 U.S.C. 552, 571-576.

§ 302.1 Establishment and objective. The Administrative Conference Act, 5 U.S.C. 571 et seq. (1970), 78 Stat. 615 (1964), authorized the establishment

of the Administrative Conference of the United States as a permanent, independent agency of the Federal Government. The purpose of the Administrative Conference is to improve the administrative procedure of Federal agencies to the end that they may fairly and expeditiously carry out their responsibilities to protect private rights and the public interest. The Administrative Conference Act provides for the membership, organization, powers and duties of the Conference. [40 FR 10442, Mar. 6, 1975]

§ 302.2 Membership.

(a) General. (1) Each member is expected to participate in all respects according to his own views and not necessarily as a representative of any agency or other group or organization, public or private. Each member (other than a member of the Council) shall be appointed to one of the standing committees of the Conference.

(2) Each member is expected to devote personal and conscientious attention to the work of the Conference and to attend plenary sessions and committee meetings regularly. When a member has failed to attend two consecutive Conference functions, either plenary sessions, committee meetings, or both, the Chairman shall inquire into the reasons for the non-attendance. If not satisfied by such reasons, the Chairman shall: (a) In the case of a Government member, with the approval of the Council, request the head of the appointing agency to designate a member who is able to devote the necessary attention; or (b) in the case of a non-Government member, with the approval of the Council, terminate the member's appointment, provided that where the Chairman proposes to remove a non-Government member, the member first shall be entitled to submit a written statement to the Council. The foregoing does not imply that satisfying minimum attendance standards constitutes full discharge of a member's responsibilities, nor does it foreclose action by the Chairman to stimulate the fulfillment of a member's obligations.

(b) Terms of Non-Government Members. The terms of non-Government

members, who are appointed by the Chairman with the approval of the Council, shall terminate at 2-year intervals from June 30, 1970. No nonthan Government members, other senior fellows, shall at any time be in continuous service beyond four full terms.

(c) Eligibility and Replacements. (1) A member designated by a Federal agency shall become ineligible to continue as a member of the Conference in that capacity or under that designation if he leaves the service of the agency or department. Designations and re-designations of members shall be filed with the Chairman promptly.

(2) A person appointed as a non-Government member shall become ineligible to continue in that capacity if he enters full-time Government service. In the event a non-Government member of the Conference resigns or becomes ineligible to continue as a member, the appointing authority shall appoint a successor for the remainder of the term.

(d) Alternates. Members may not act through alternates at plenary sessions of the Conference. Where circumstances justify, a suitably informed alternate may be permitted, with the approval of a committee, to participate for a member in a meeting of the committee, but such alternate shall not have the privilege of a vote in respect to any action of the committee. Use of an alternate does not lessen the obligation of regular personal attendance set forth in paragraph (a)(2) of this section.

(e) Senior Fellows. The Chairman may, with the approval of the Council, appoint persons who have served as members of the Conference for eight or more years, or former Chairmen of the Conference, to the position of senior fellow. The terms of senior fellows shall terminate at 2-year intervals from June 30, 1970. Senior fellows shall have all the privileges of members, but may not vote.

[40 FR 10442, Mar. 6, 1975, as amended at 41 FR 29653, July 19, 1976; 45 FR 2307, Jan. 11, 1980; 47 FR 30702, July 15, 1982]

1. Committee on Adjudication;
2. Committee on Administration;

3. Committee on Governmental Processes;
4. Committee on Judicial Review;
5. Committee on Regulation; and
6. Committee on Rulemaking.

The activities of the committees shall not be limited to the areas described in their titles, and the Chairman may redefine the responsibilities of the committees and assign new or additional projects to them. With the approval of the Council, the Chairman may establish special ad hoc committees and assign special projects to such committees. The Chairman shall coordinate the activities of all committees to avoid duplication of effort and conflict in their activities.

[40 FR 10442, Mar. 6, 1975, as amended at 47 FR 58208, Dec. 30, 1982]

§ 302.4 Liaison arrangements.

The Chairman, with the approval of the Council, may make liaison arrangements with representatives of the Congress, the judiciary, and Federal agencies which are not represented on the Conference, and professional associations. Persons appointed under these arrangements may participate in the activities of a designated committee without vote; and may participate in the deliberations of the Conference with privileges of the floor, but without vote.

[40 FR 10442, Mar. 6, 1975, as amended at 41 FR 29653, July 19, 1976]

§ 302.5 Avoidance of conflicts of interest.

(a) Disclosure of Interests. (1) NonGovernment members (including senior fellows) may be deemed to be special government employees within the meaning of 18 U.S.C. 202 and subject to the provisions of §§ 201-224 of Title 18 United States Code, in accordance with their terms. The Chairman of the Conference is authorized to prescribe requirements for the filing of statements of employment and financial interests necessary to comply with Part III of Executive Order 11222, as amended, or any successor Presidential or statutory requirement. Without conceding the correctness of the view that non-Government members are special Government employees, the

Conference has chosen to adopt the bylaw provisions that follow in order to eliminate whatever uncertainties might otherwise exist concerning the propriety of participation in Conference proceedings.

(2) In addition to complying with any requirement prescribed by statute or Executive order, each member.

public or governmental, shall, upon appointment to the Conference and annually thereafter, file a brief general statement describing the nature of his or her practice or affiliations, including, in the case of a member of a partnership, a general statement about the nature of the business or practice of the partnership, to the extent that such business, practice, or affiliations might reasonably be thought to affect the member's judgment on matters with which the Conference is concerned. (For example, a member might state that he or she represents employers or unions before the National Labor Relations Board, broadcasters before the Federal Communications Commission, or consumer groups before agencies and courts.) The chairman will include with the agenda for each plenary session a statement calling to the attention of the members the requirements of this section. Each member who believes the content of the agenda calls for disclosure additional to that already on file will file an amended statement concerning his or her interests. Current statements of all members will be open to public inspection at the Office of the Chairman and will be readily available at any plenary session. Except as provided in paragraph (b) of this section, members may vote or participate in matters before the Conference without additional disclosure of interest.

(b) Disqualifications. (1) In accordance with 18 U.S.C. 208 a member shall not, except as provided in paragraphs (b) (2) or (3) of this section, vote or otherwise participate as a member in the disposition of any particular matter of Conference business, including the adoption of recommendations and other statements, in which, to his or her knowledge, the member has a financial interest. For purposes of this paragraph (b) a

member is deemed to have a financial interest in any particular matter in which the member, the member's spouse, minor child, partner, organization in which the member is serving as officer, director, trustee, partner, or employee, or any person or organization with whom he or she is negotiating or has any arrangement concerning prospective employment, has a financial interest.

paragraph

(2) Notwithstanding (b)(1) of this section, a member may, at any stage of Conference consideration and without further disclosure, participate and vote on a proposed recommendation or other Conference statement or action relating to the procedure of any Federal agency or agencies, where the Conference action is not directed to and is unlikely to affect the substantive outcome of any pending judicial matter or administrative proceeding involving a specific party or parties (other than the United States) in which to his knowledge he has a financial interest. The Conference determines pursuant to 18 U.S.C. 208(b) that in such a case any financial interest which the member may have in the matter before the Conference is too remote to affect the integrity of the member's service to the Conference.

(3) Where a member believes that he or she is or may be disqualified from participating in the disposition of a matter before the Conference under the provisions of this subsection, the member may advise the Chairman of the reason for his or her possible disqualification, including a full disclosure of the financial interest involved. If the Chairman determines in writing pursuant to 18 U.S.C. 208(b) that the interest is not so substantial as to be likely to affect the integrity of the member's service to the Conference, the member may, upon receipt of such determination, vote and otherwise participate in the disposition of the matter.

[43 FR 28806, July 3, 1978, as amended at 47 FR 30702, July 15, 1982]

§ 302.6 General.

(a) Meetings. All sessions of the Assembly shall be open to the public.