Federal Advisory Committee Act
AN ACT 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''.
Sec. 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.
Sec. 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, United States Code.
- (4) The term ''Presidential advisory committee'' means an advisory committee
which advises the President.
Sec. 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.
Sec. 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.
Sec. 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.
Sec. 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 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.
Sec. 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.
Sec. 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.
Sec. 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 section552(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.
Sec. 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.
Sec. 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 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.
Sec. 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.
Sec. 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.
Sec. 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.
Approved October 6, 1972.
