s 1. Short Title
This Act may be cited as the "Federal Advisory Committee
Act".
s 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.
s 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.
s 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.
s 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.
s 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 therefore. 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.
s 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.
s 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.
s 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.
s 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
s 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.
s 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.
s 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.
s 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.
s 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.