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| Federal Advisory Committee
Act (FACA) |
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| (Public Law 92-463) |
| "FEDERAL ADVISORY COMMITTEE ACT" |
| 1. Short title |
| this Act may be cited
as the "Federal Advisory Committee Act". |
| 2. Findings and purpose |
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(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.
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| 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.
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| 4. Applicability; restrictions
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(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.
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| 5. Responsibilities of Congressional
committees; review; guidelines |
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(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.
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| 6. Responsibilities of the President;
report to Congress; annual report to Congress; exclusion
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(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.
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| 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
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(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.
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| 8. Responsibilities of agency
heads; Advisory Committee Management Officer, designation
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(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.
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| 9. Establishment and purpose
of advisory committees; publication in Federal Register;
charter: filing, contents, copy |
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(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 |
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(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.
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| 11. Availability of transcripts;
"agency proceeding" |
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(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.
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| 12. Fiscal and administrative
provisions; recordkeeping; audit; agency support services
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(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.
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| 13. Responsibilities of Library
of Congress; reports and background papers; depository
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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.
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| 14. Termination of advisory committees;
renewal; continuation |
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(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. Effective date |
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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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December 23, 2004
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