81
PUBLIC LAW 90-83-SEPT. 11, 1967
STAT.]
195
Public Law 90-83 AN ACT
September 11, 1967
To amend titles 5, 14, and 37, United States Code, to codify recent law, and to improve the Code.
[H. R. 5876]
Be it enacted by the Senate and House of Representatives of the Government United States of Amenca in Congress assembled, That title 5, United ganization andOrStates Code, is amended as follows: Employees (1)(A) Subchapter I of chapter 5 is amended by inserting the fol- ^ "^J"^ ^' ^•^• .
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Code, amendment
lowing new section at the beginning thereof: so s e 501 et 5 ustat. 331 seq.
- '§ 500. Administrative practice; general provisions
" (a) For the purpose of this section— Definitions. "(1) 'agency' has the meaning given i t by section 551 of this title; and "(2) 'State' means a State, a territory or possession of the United States including a Commonwealth, or the District of Columbia. " (b) An individual who is a member in good standing of the bar of the highest court of a State may represent a person before an agency on filing with the agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. "(c) An individual who is duly qualified to practice as a certified public accountant in a State may represent a person before the Internal Revenue Service of the Treasury Department on filing with that agency a written declaration that he is currently qualified as provided by this subsection and is authorized to represent the particular person in whose behalf he acts. " (d) This section does not— "(1) grant or deny to an individual who is not qualified as provided by subsection (b) or (c) of this section the right to appear for or represent a person before an agency or in an agency proceeding; "(2) authorize or limit the discipline, including disbarment, of individuals who appear in a representative capacity before an agency; "(3) authorize an individual who is a former employee of an agency to represent a person before an agency when the representation is prohibited by statute or regulation; or " (4) prevent an agency from requiring a power of attorney as a condition to the settlement of a controversy involving the payment of money. "(e) Subsections (b) - (d) of this section do not apply to practice before the Patent Office with respect to patent matters that continue 66 Stat. 795. to be covered by chapter 3 (sections 31-33) of title 35. "(f) When a participant in a matter before an agency is represented by an individual qualified under subsection (b) or (c) of this section, •A notice or other written communication required or permitted to be given the participant in the matter shall be given to the representative in addition to any other service specifically required by statute. When a participant is represented by more than one such qualified representative, service on any one of the representatives is sufficient." (B) The analysis of chapter 5 is amended by inserting the following new item before item 501: "500. Administrative practice; general provisions." 80 Stat. 399. (2) Section 1104(a) is amended— (A) by striking out "and" after the semicolon in paragraph (4):
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