Public Law - Federal Advisory Committee Act

FEDERAL ADVISORY COMMITTEE ACT

FEDERAL ADVISORY COMMITTEE ACT
5 U.S.C. app.
As Amended
§1. Short title
This Act may be cited as the "Federal Advisory Committee Act Amendments."
§2. Findings and purpose
(a) The Congress finds that there are numerous committees, boards, commissions, councils, and
similar groups which have been established to advise officers and agencies in the executive branch
of the Federal Government and that they are frequently a useful and beneficial means of furnishing
expert advice, ideas, and diverse opinions to the Federal Government.
(b) The Congress further finds and declares that-(1) the need for many existing advisory committees has not been adequately reviewed;
(2) new advisory committees should be established only when they are determined to be
essential and their number should be kept to the minimum necessary;
(3) advisory committees should be terminated when they are no longer carrying out the
purposes for which they were established;
(4) standards and uniform procedures should govern the establishment, operation, administration, and duration of advisory committees;
(5) the Congress and the public should be kept informed with respect to the number,
purpose, membership, activities, and cost of advisory committees; and
(6) the function of advisory committees should be advisory only, and that all matters under
their consideration should be determined, in accordance with law, by the official, agency, or
officer involved.
§3. Definitions
For the purpose of this Act-(1) The term "Administrator" means the Administrator of General Services.
(2) The term "advisory committee" means any committee, board, commission, council,
conference, panel, task force, or other similar group, or any subcommittee or other
subgroup thereof (hereafter in this paragraph referred to as "committee"), which is-(A) established by statute or reorganization plan, or
(B) established or utilized by the President, or
(C) established or utilized by one or more agencies,

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in the interest of obtaining advice or recommendations for the President or one or more
agencies or officers of the Federal Government, except that such term excludes (i) any
committee that is composed wholly of full-time, or permanent part-time, officers or
employees of the Federal Government, and (ii) any committee that is created by the
National Academy of Sciences or the National Academy of Public Administration.
(3) The term "agency" has the same meaning as in section 551(1) of Title 5, United States
Code.
(4) The term "Presidential advisory committee" means an advisory committee which
advises the President.
§4. Applicability; restrictions
(a) The provisions of this Act or of any rule, order, or regulation promulgated under this Act shall
apply to each advisory committee except to the extent that any Act of Congress establishing any
such advisory committee specifically provides otherwise.
(b) Nothing in this Act shall be construed to apply to any advisory committee established or
utilized by-(1) the Central Intelligence Agency; or
(2) the Federal Reserve System.
(c) Nothing in this Act shall be construed to apply to any local civic group whose primary function
is that of rendering a public service with respect to a Federal program, or any State or local committee, council, board, commission, or similar group established to advise or make recommendations to State or local officials or agencies.
§5. Responsibilities of Congressional committees; review; guidelines
(a) In the exercise of its legislative review function, each standing committee of the Senate and
the House of Representatives shall make a continuing review of the activities of each advisory
committee under its jurisdiction to determine whether such advisory committee should be
abolished or merged with any other advisory committee, whether the responsibilities of such
advisory committee should be revised, and whether such advisory committee performs a necessary
function not already being performed. Each such standing committee shall take appropriate action
to obtain the enactment of legislation necessary to carry out the purpose of this subsection.
(b) In considering legislation establishing, or authorizing the establishment of any advisory
committee, each standing committee of the Senate and of the House of Representatives shall
determine, and report such determination to the Senate or to the House of Representatives, as the
case may be, whether the functions of the proposed advisory committee are being or could be
performed by one or more agencies or by an advisory committee already in existence, or by
enlarging the mandate of an existing advisory committee. Any such legislation shall-(1) contain a clearly defined purpose for the advisory committee;
(2) require the membership of the advisory committee to be fairly balanced in terms of the
points of view represented and the functions to be performed by the advisory committee;
(3) contain appropriate provisions to assure that the advice and recommendations of the
advisory committee will not be inappropriately influenced by the appointing authority or by
any special interest, but will instead be the result of the advisory committee's independent
judgment;
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(4) contain provisions dealing with authorization of appropriations, the date for submission
of reports (if any), the duration of the advisory committee, and the publication of reports
and other materials, to the extent that the standing committee determines the provisions of
section 10 of this Act to be inadequate; and
(5) contain provisions which will assure that the advisory committee will have adequate
staff (either supplied by an agency or employed by it), will be provided adequate quarters,
and will have funds available to meet its other necessary expenses.
(c) To the extent they are applicable, the guidelines set out in subsection (b) of this section shall
be followed by the President, agency heads, or other Federal officials in creating an advisory
committee.
§6. Responsibilities of the President; report to Congress; annual report to Congress; exclusion
(a) The President may delegate responsibility for evaluating and taking action, where appropriate,
with respect to all public recommendations made to him by Presidential advisory committees.
(b) Within one year after a Presidential advisory committee has submitted a public report to the
President, the President or his delegate shall make a report to the Congress stating either his
proposals for action or his reasons for inaction, with respect to the recommendations contained in
the public report.
(c) [Annual report] Repealed by the Federal Reports Elimination and Sunset Act of 1995, Pub. L.
No. 104-66, § 3003, 109 Stat. 707, 734-36 (1995), amended by Pub. L. No. 106-113, § 236, 113
Stat. 1501, 1501A-302 (1999) (changing effective date to May 15, 2000).
§7. Responsibilities of the Administrator of General Services; Committee Management Secretariat,
establishment; review; recommendations to President and Congress; agency cooperation; performance
guidelines; uniform pay guidelines; travel expenses; expense recommendations
(a) The Administrator shall establish and maintain within the General Services Administration a
Committee Management Secretariat, which shall be responsible for all matters relating to advisory
committees.
(b) The Administrator shall, immediately after October 6, 1972, institute a comprehensive review
of the activities and responsibilities of each advisory committee to determine-(1) whether such committee is carrying out its purpose;
(2) whether, consistent with the provisions of applicable statutes, the responsibilities
assigned to it should be revised;
(3) whether it should be merged with other advisory committees; or
(4) whether it should be abolished.
The Administrator may from time to time request such information as he deems necessary to carry
out his functions under this subsection. Upon the completion of the Administrator's review he
shall make recommendations to the President and to either the agency head or the Congress with
respect to action he believes should be taken. Thereafter, the Administrator shall carry out a
similar review annually. Agency heads shall cooperate with the Administrator in making the
reviews required by this subsection.
(c) The Administrator shall prescribe administrative guidelines and management controls applicable to advisory committees, and, to the maximum extent feasible, provide advice, assistance, and
guidance to advisory committees to improve their performance. In carrying out his functions under
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this subsection, the Administrator shall consider the recommendations of each agency head with
respect to means of improving the performance of advisory committees whose duties are related to
such agency.
(d)(1) The Administrator, after study and consultation with the Director of the Office of Personnel Management, shall establish guidelines with respect to uniform fair rates of pay for comparable
services of members, staffs, and consultants of advisory committees in a manner which gives appropriate recognition to the responsibilities and qualifications required and other relevant factors.
Such regulations shall provide that-(A) no member of any advisory committee or of the staff of any advisory committee
shall receive compensation at a rate in excess of the rate specified for GS-18 of the
General Schedule under section 5332 of Title 5, United States Code;
(B) such members, while engaged in the performance of their duties away from
their homes or regular places of business, may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by section 5703 of Title 5, United
States Code, for persons employed intermittently in the Government service; and
(C) such members-(i) who are blind or deaf or who otherwise qualify as handicapped individuals (within the meaning of section 501 of the Rehabilitation Act of 1973
(29 U.S.C. §794)), and
(ii) who do not otherwise qualify for assistance under section 3102 of Title
5, United States Code, by reason of being an employee of an agency (within
the meaning of section 3102(a)(1) of such Title 5),
may be provided services pursuant to section 3102 of such Title 5 while in performance of their advisory committee duties.
(2) Nothing in this subsection shall prevent-(A) an individual who (without regard to his service with an advisory committee) is
a full-time employee of the United States, or
(B) an individual who immediately before his service with an advisory committee
was such an employee,
from receiving compensation at the rate at which he otherwise would be compensated (or
was compensated) as a full-time employee of the United States.
(e) The Administrator shall include in budget recommendations a summary of the amounts he
deems necessary for the expenses of advisory committees, including the expenses for publication of
reports where appropriate.
§8. Responsibilities of agency heads; Advisory Committee Management Officer, designation
(a) Each agency head shall establish uniform administrative guidelines and management controls
for advisory committees established by that agency, which shall be consistent with directives of the
Administrator under section 7 and section 10. Each agency shall maintain systematic information
on the nature, functions, and operations of each advisory committee within its jurisdiction.
(b) The head of each agency which has an advisory committee shall designate an Advisory Committee Management Officer who shall-- 486 -

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(1) exercise control and supervision over the establishment, procedures, and accomplishments of advisory committees established by that agency;
(2) assemble and maintain the reports, records, and other papers of any such committee
during its existence; and
(3) carry out, on behalf of that agency, the provisions of section 552 of Title 5, United
States Code, with respect to such reports, records, and other papers.
§9. Establishment and purpose of advisory committees; publication in Federal Register; charter: filing,
contents, copy
(a) No advisory committee shall be established unless such establishment is-(1) specifically authorized by statute or by the President; or
(2) determined as a matter of formal record, by the head of the agency involved after
consultation with the Administrator, with timely notice published in the Federal Register,
to be in the public interest in connection with the performance of duties imposed on that
agency by law.
(b) Unless otherwise specifically provided by statute or Presidential directive, advisory committees
shall be utilized solely for advisory functions. Determinations of action to be taken and policy to be
expressed with respect to matters upon which an advisory committee reports or makes recommendations shall be made solely by the President or an officer of the Federal Government.
(c) No advisory committee shall meet or take any action until an advisory committee charter has
been filed with (1) the Administrator, in the case of Presidential advisory committees, or (2) with
the head of the agency to whom any advisory committee reports and with the standing committees
of the Senate and of the House of Representatives having legislative jurisdiction of such agency.
Such charter shall contain the following information:
(A) the committee's official designation;
(B) the committee's objectives and the scope of its activity;
(C) the period of time necessary for the committee to carry out its purposes;
(D) the agency or official to whom the committee reports;
(E) the agency responsible for providing the necessary support for the committee;
(F) a description of the duties for which the committee is responsible, and, if such
duties are not solely advisory, a specification of the authority for such functions;
(G) the estimated annual operating costs in dollars and man-years for such committee;
(H) the estimated number and frequency of committee meetings;
(I) the committee's termination date, if less than two years from the date of the
committee's establishment; and
(J) the date the charter is filed.
A copy of any such charter shall also be furnished to the Library of Congress.
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§10. Advisory committee procedures; meetings; notice, publication in Federal Register; regulations;
minutes; certification; annual report; Federal officer or employee, attendance
(a)(1) Each advisory committee meeting shall be open to the public.
(2) Except when the President determines otherwise for reasons of national security, timely
notice of each such meeting shall be published in the Federal Register, and the Administrator shall prescribe regulations to provide for other types of public notice to insure that all
interested persons are notified of such meeting prior thereto.
(3) Interested persons shall be permitted to attend, appear before, or file statements with
any advisory committee, subject to such reasonable rules or regulations as the Administrator may prescribe.
(b) Subject to section 552 of Title 5, United States Code, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made
available to or prepared for or by each advisory committee shall be available for public inspection
and copying at a single location in the offices of the advisory committee or the agency to which the
advisory committee reports until the advisory committee ceases to exist.
(c) Detailed minutes of each meeting of each advisory committee shall be kept and shall contain a
record of the persons present, a complete and accurate description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the advisory committee.
The accuracy of all minutes shall be certified to by the chairman of the advisory committee.
(d) Subsections (a)(1) and (a)(3) of this section shall not apply to any portion of an advisory committee meeting where the President, or the head of the agency to which the advisory committee
reports, determines that such portion of such meeting may be closed to the public in accordance
with subsection (c) of section 552b of Title 5, United States Code. Any such determination shall
be in writing and shall contain the reasons for such determination. If such a determination is
made, the advisory committee shall issue a report at least annually setting forth a summary of its
activities and such related matters as would be informative to the public consistent with the policy
of section 552(b) of Title 5, United States Code.
(e) There shall be designated an officer or employee of the Federal Government to chair or attend
each meeting of each advisory committee. The officer or employee so designated is authorized,
whenever he determines it to be in the public interest, to adjourn any such meeting. No advisory
committee shall conduct any meeting in the absence of that officer or employee.
(f) Advisory committees shall not hold any meetings except at the call of, or with the advance
approval of, a designated officer or employee of the Federal Government, and in the case of
advisory committees (other than Presidential advisory committees), with an agenda approved by
such officer or employee.
§11. Availability of transcripts; "agency proceeding"
(a) Except where prohibited by contractual agreements entered into prior to the effective date of
this Act, agencies and advisory committees shall make available to any person, at actual cost of
duplication, copies of transcripts of agency proceedings or advisory committee meetings.
(b) As used in this section "agency proceeding" means any proceeding as defined in section
551(12) of Title 5, United States Code.
§12. Fiscal and administrative provisions; record-keeping; audit; agency support services
(a) Each agency shall keep records as will fully disclose the disposition of any funds which may be
at the disposal of its advisory committees and the nature and extent of their activities. The
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General Services Administration, or such other agency as the President may designate, shall
maintain financial records with respect to Presidential advisory committees. The Comptroller
General of the United States, or any of his authorized representatives, shall have access, for the
purpose of audit and examination, to any such records.
(b) Each agency shall be responsible for providing support services for each advisory committee
established by or reporting to it unless the establishing authority provides otherwise. Where any
such advisory committee reports to more than one agency, only one agency shall be responsible for
support services at any one time. In the case of Presidential advisory committees, such services
may be provided by the General Services Administration.
§13. Responsibilities of Library of Congress; reports and background papers; depository
Subject to section 552 of Title 5, United States Code, the Administrator shall provide for the filing
with the Library of Congress of at least eight copies of each report made by every advisory committee and,
where appropriate, background papers prepared by consultants. The Librarian of Congress shall establish a
depository for such reports and papers where they shall be available to public inspection and use.
§14. Termination of advisory committees; renewal; continuation
(a)(1) Each advisory committee which is in existence on the effective date of this Act shall terminate not later than the expiration of the two-year period following such effective date unless-(A) in the case of an advisory committee established by the President or an officer
of the Federal Government, such advisory committee is renewed by the President or
that officer by appropriate action prior to the expiration of such two-year period; or
(B) in the case of an advisory committee established by an Act of Congress, its
duration is otherwise provided for by law.
(2) Each advisory committee established after such effective date shall terminate not later
than the expiration of the two-year period beginning on the date of its establishment
unless-(A) in the case of an advisory committee established by the President or an officer
of the Federal Government such advisory committee is renewed by the President or
such officer by appropriate action prior to the end of such period; or
(B) in the case of an advisory committee established by an Act of Congress, its
duration is otherwise provided for by law.
(b)(1) Upon the renewal of any advisory committee, such advisory committee shall file a charter in
accordance with section 9(c).
(2) Any advisory committee established by an Act of Congress shall file a charter in
accordance with such section upon the expiration of each successive two-year period
following the date of enactment of the Act establishing such advisory committee.
(3) No advisory committee required under this subsection to file a charter shall take any
action (other than preparation and filing of such charter) prior to the date on which such
charter is filed.
(c) Any advisory committee which is renewed by the President or any officer of the Federal
Government may be continued only for successive two-year periods by appropriate action taken by
the President or such officer prior to the date on which such advisory committee would otherwise
terminate.
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§15. Requirements relating to the National Academy of Sciences and the National Academy of Public
Administration
(a) In General- An agency may not use any advice or recommendation provided by the National
Academy of Sciences or National Academy of Public Administration that was developed by use of
a committee created by that academy under an agreement with an agency, unless-(1) the committee was not subject to any actual management or control by an agency or an
officer of the Federal Government;
(2) in the case of a committee created after the date of the enactment of the Federal
Advisory Committee Act Amendments of 1997, the membership of the committee was
appointed in accordance with the requirements described in subsection (b)(1); and
(3) in developing the advice or recommendations, the academy compiled with-(A) subsection (b)(2) through (6), in the case of any advice or recommendation
provided by the National Academy of Sciences; or
(B) subsection (b)(2) and (5), in the case of any advice or recommendation
provided by the National Academy of Public Administration.
(b) Requirements- The requirements referred to in subsection (a) are as follows:
(1) The Academy shall determine and provide public notice of the names and brief
biographies of individuals that the Academy appoints or intends to appoint to serve on the
committee. The Academy shall determine and provide a reasonable opportunity for the
public to comment on such appointments before they are made or, if the Academy
determines such prior comment is not practicable, in the period immediately following the
appointments. The Academy shall make its best efforts to ensure that (A) no individual
appointed to serve on the committee has a conflict of interest that is relevant to the
functions to be performed, unless such conflict is promptly and publicly disclosed and the
Academy determines that the conflict is unavoidable, (B) the committee membership is
fairly balanced as determined by the Academy to be appropriate for the functions to be
performed, and (C) the final report of the Academy will be the result of the Academy's
independent judgment. The Academy shall require that individuals that the Academy
appoints or intends to appoint to serve on the committee inform the Academy of the
individual's conflicts of interest that are relevant to the functions to be performed.
(2) The Academy shall determine and provide public notice of committee meetings that
will be open to the public.
(3) The Academy shall ensure that meetings of the committee to gather data from
individuals who are not officials, agents, or employees of the Academy are open to the
public, unless the Academy determines that a meeting would disclose matters described in
section 552(b) of Title 5, United States Code. The Academy shall make available to the
public, at reasonable charge if appropriate, written materials presented to the committee by
individuals who are not officials, agents, or employees of the Academy, unless the Academy
determines that making material available would disclose matters described in that section.
(4) The Academy shall make available to the public as soon as practicable, at reasonable
charge if appropriate, a brief summary of any committee meeting that is not a data
gathering meeting, unless the Academy determines that the summary would disclose
matters described in section 552(b) Title 5, United States Code. The summary shall
identify the committee members present, the topics discussed, materials made available to
the committee, and such other matters that the Academy determines should be included.
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(5) The Academy shall make available to the public its final report, at reasonable charge if
appropriate, unless the Academy determines that the report would disclose matters described in section 552(b) of Title 5, United States Code. If the Academy determines that
the report would disclose matters described in that section, the Academy shall make public
an abbreviated version of the report that does not disclose those matters.
(6) After publication of the final report, the Academy shall make publicly available the
names of the principal reviewers who reviewed the report in draft form and who are not
officials, agents, or employees of the Academy.
(c) Regulations- The Administrator of General Services may issue regulations implementing this
section.
§16. Effective Date
Except as provided in section 7(b), this Act shall become effective upon the expiration of ninety
days following October 6, 1972.

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