Federal Advisory Committee Act
(5 U.S.C. App.)(1)
To authorize the establishment of a system
governing the creation and operation of
advisory committees in the executive branch
of the Federal Government, and for other
purposes.
Be it enacted by the Senate and House
of Representatives of the United States
of America in Congress assembled,
That this Act may be cited as the "Federal
Advisory Committee Act".
FINDINGS AND PURPOSES
SEC. 2.(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.
DEFINITIONS
SEC. 3.For the purpose of this Act--
(1)(2) 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, United States Code.
(4) The term "Presidential advisory
committee" means an advisory committee
which advises the President.
APPLICABILITY
SEC. 4.(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.
RESPONSIBILITIES OF
CONGRESSIONAL COMMITTEES
SEC. 5.(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.
RESPONSIBILITIES OF THE
PRESIDENT
SEC. 6.(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 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)(3) 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.
RESPONSIBILITIES OF
THE ADMINISTRATOR OF GENERAL SERVICES(4)
SEC. 7.(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 the enactment of this Act, 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 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(5) 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)(6) 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.
RESPONSIBILITIES OF AGENCY
HEADS
SEC. 8.(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.
ESTABLISHMENT AND PURPOSE
OF ADVISORY COMMITTEES
SEC. 9.(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 Library of Congress.
ADVISORY COMMITTEE PROCEDURES
SEC. 10.(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)(7) 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.
AVAILABILITY OF TRANSCRIPTS
SEC. 11.(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.
FISCAL AND ADMINISTRATIVE PROVISIONS
SEC. 12.(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.
RESPONSIBILITIES OF LIBRARY
OF CONGRESS
SEC. 13. 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.
TERMINATION OF ADVISORY
COMMITTEES
SEC. 14.(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.
EFFECTIVE DATE
SEC. 15. Except as provided in section
7(b), this Act shall become effective upon
the expiration of ninety days following
the date of enactment.
(1) 1 Public Law 92-463,
86 Stat. 770, October 6, 1972.
(2) Reorg. Plan No. 1 of
1977, Section 5F, 42 F.R. 56101, 91 Stat.
1634, transferred advisory committee functions
from the Director of the Office of Management
and Budget to the Administrator of General
Services.
(3) As amended by Public
Law 97-375, Title II, Sec. 201(c), December
21, 1982, 96 Stat. 1822.
(4) Reorg. Plan No. 1 of
1977, Section 5F, 42 F.R. 56101, 91 Stat.
1634, transferred advisory committee
functions from the Director of the Office
of Management and Budget to the Administrator
of General Services.
(5) "Director of the
Office of Personnel Management" was
substituted for "Civil Service Commission" pursuant
to Reorg. Plan No. 2 of 1978, Section
102, 43 F.R. 36037, 92 Stat. 3783, which
transferred all functions vested by statute
in the United States Civil Service Commission
to the Director of the Office of Personnel
Management.
(6) Sec. 2 of Public Law
96-523, 94 Stat. 3040, December 12, 1980,
added subparagraph (C), and pursuant
to Sec. 3 of Public Law 96-253, shall
take effect sixty days after date of
enactment.
(7) As amended by Sec. 5(c)
of Public Law 94-409, September 13, 1976,
90 Stat. 1247. Amendment effective 180
days after enactment pursuant to Sec.
6(a) of Public Law 94-409. |