Federal Advisory Committee Act
§ 1. Short title
this Act may be cited as the "Federal Advisory
Committee Act".
§ 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,
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) the Advisory Commission on Intergovernmental
Relations, (ii) the Commission on Government Procurement, and (iii)
any committee which is composed wholly of full-time officers or
employees of the Federal Government. (3) The term "agency"
has the same meaning as in section 551(1) of Title 5. (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;
(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) The President shall, not later than December 31
of each year, make an annual report to the Congress on the activities,
status, and changes in the composition of advisory committees in
existence during the preceding fiscal year. The report shall contain
the name of every advisory committee, the date of and authority
for its creation, its termination date or the date it is to make
a report, its functions, a reference to the reports it has submitted,
a statement of whether it is an ad hoc or continuing body, the dates
of its meetings, the names and occupations of its current members,
and the total estimated annual cost to the United States to fund,
service, supply, and maintain such committee. Such report shall
include a list of those advisory committees abolished by the President,
and in the case of advisory committees established by statute, a
list of those advisory committees which the President recommends
be abolished together with his reasons therefor. The President shall
exclude from this report any information which, in his judgment,
should be withheld for reasons of national security, and he shall
include in such report a statement that such information is excluded.
§ 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 is 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 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, 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--
(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.
§ 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
§ 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; recordkeeping;
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 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.
§ 15. Effective date
Except as provided in section 7(b), this Act shall
become effective upon the expiration of ninety days following October
6, 1972.
|