The Federal Advisory Committee Act became law in 1972 and is the legal
foundation defining how federal advisory committees operate. The law has
special emphasis on open meetings, chartering, public involvement, and
reporting. This version is from the House web site, complete with all
Amendments and annotations.

5 USC TITLE 5 - APPENDIX 01/02/01\
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TITLE 5 - GOVERNMENT ORGANIZATION AND EMPLOYEES\
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TITLE 5 - APPENDIX\
\
Item\
Federal Advisory Committee Act (Pub. L. 92-463)\
Inspector General Act of 1978 (Pub. L. 95-452)\
Ethics in Government Act of 1978 (Titles I to V of Pub. L. 95-521)\
Reorganization Plans\
\
PUB. L. 92-463, OCT. 6, 1972, 86 STAT. 770,\
AS AMENDED BY\
PUB. L. 94-409, SEC. 5(C), SEPT. 13, 1976, 90 STAT. 1247;\
PUB. L. 96-523,SEC. 2, DEC. 12, 1980, 94 STAT. 3040;\
PUB. L. 97-375, TITLE II, SEC. 201(C), DEC. 21, 1982, 96 STAT. 1822;\
PUB. L. 105-153, SEC. 2(A), (B), DEC. 17, 1997, 111 STAT. 2689\
\
Sec. 1. Short title\
This Act may be cited as the \'\'Federal Advisory Committee Act\'\'.\
(Pub. L. 92-463, Sec. 1, Oct. 6, 1972, 86 Stat. 770.)\
\
SHORT TITLE OF 1997 AMENDMENT\
Pub. L. 105-153, Sec. 1, Dec. 17, 1997, 111 Stat. 2689, provided that:
\'\'This Act (enacting section 15 of Pub. L. 92-463, set out in this
Appendix, amending section 3 of Pub. L. 92-463, set out in this
Appendix, renumbering former section 15 of Pub. L. 92-463, set out in
this Appendix, as section 16, and enacting provisions set out as notes
under sections 3 and 15 of Pub. L. 92-463, set out in this Appendix) may
be cited as the \'Federal Advisory Committee Act Amendments of
1997\'.\'\'\
\
ACT REFERRED TO IN OTHER SECTIONS\
The Federal Advisory Committee Act is referred to in sections 562, 565
of this title; title 2 sections 1534, 1602; title 7 sections 87j, 390b,
390c, 450i, 511d, 1725, 2020, 2026, 2204b, 2279b, 2286, 3123, 3124a,
3129a, 3152, 3196, 5872, 6518; title 8 section 1356; title 10 sections
183, 946, 2012, 2164; title 12 sections 1441a, 1708, 1831h, 2246, 4703;
title 15 sections 78k-1, 78q-1, 2080, 4802, 4806; title 16 sections
410nn-3, 410pp-4, 410tt-4, 410aaa-6, 410aaa-27, 410aaa-58, 460vv-12,
460ww-5, 460mmm-6, 463, 470q, 541g, 668dd, 698u-5, 839b, 971b, 1386,
1387,\
1389, 1421c, 1445a, 1533, 1612, 1852, 3602, 3632, 3862, 4403, 5404,
5601, 5607, 5705, 5958, 6105; title 18 section 208; title 19 sections
58c, 2155, 2605, 3312, 3512; title 20 sections 80q-10, 1098, 1098a,
1444, 2324, 6511, 7904, 9252; title 21 sections 360c, 679a, 1908; title
22 sections 290m-2, 2124, 2194b, 4356, 4833, 5422, 6434; title 24
section 225b; title 25 sections 166, 4046; title 29 sections 1147, 1302;
title 31 section 5135; title 33 sections 467f, 2251; title 35 section 5;
title 38 sections 545, 7314, 7320; title 42 sections 282, 285g-4,
290b-4, 300v-3, 903, 2210, 2486h, 3788, 4081, 5816, 6374c, 7234, 7383,
7492, 7506a, 10173b, 10248, 12651b, 13478, 14614, 14616; title 43
sections 1475a, 1600b, 1739, 1753; title 44 section 2701; title 45
sections 1116, 1212; title 46 sections 4508, 9307; title 46 App. Section
1295b; title 47 section 332; title 49 sections 106, 726, 5119, 20133;
title 50 App. section 2158.\
\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 2 01/02/01\
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Sec. 2. Findings and purpose\
-STATUTE-\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 2, Oct. 6, 1972, 86 Stat. 770.)\
-EXEC-\
EXECUTIVE ORDER NO. 11686\
Ex. Ord. No. 11686, Oct. 7, 1972, 37 F.R. 21421, which related to
committee management, was superseded by Ex. Ord. No. 11769, Feb. 21,
1974, 39 F.R. 7125, formerly set out below.\
\
EXECUTIVE ORDER NO. 11769\
Ex. Ord. No. 11769, Feb. 21, 1974, 39 F.R. 7125, which related to
committee management, was revoked by Ex. Ord. No. 12024, Dec. 1, 1977,
42 F.R. 61445, set out below.\
\
EX. ORD. NO. 12024. TRANSFER OF CERTAIN ADVISORY COMMITTEE FUNCTIONS\
Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, provided:\
By virtue of the authority vested in me by the Constitution and statutes
of the United States of America, including the Federal Advisory
Committee Act, as amended (5 U.S.C. App.), Section 301 of Title 3 of the
United States Code, Section 202 of the Budget and Accounting Procedures
Act of 1950 (31 U.S.C. 581c) (31 U.S.C. 1531), and Section 7 of
Reorganization Plan No. 1 of 1977 (42 F.R. 56101 (October 21, 1977))
(set out in this Appendix), and as President of the United States of
America, in accord with the transfer of advisory committee functions
from the Office of Management and Budget to the General Services
Administration provided by Reorganization Plan No. 1 of 1977, it is
hereby ordered as follows:\
Section 1. The transfer, provided by Section 5F of Reorganization Plan
No. 1 of 1977 (42 F.R. 56101) (set out in this Appendix), of certain
functions under the Federal Advisory Committee Act, as amended (5 U.S.C.
App.), from the Office of Management and Budget and its Director to the
Administrator of General Services is hereby effective.\
Sec. 2. There is hereby delegated to the Administrator of General
Services all the functions vested in the President by the Federal
Advisory Committee Act, as amended, except that, the annual report to
the Congress required by Section 6(c) of that Act shall be prepared by
the Administrator for the President\'s consideration and transmittal to
the Congress.\
Sec. 3. The Director of the Office of Management and Budget shall take
all actions necessary or appropriate to effectuate the transfer of
functions provided in this Order, including the transfer of funds,
personnel and positions, assets, liabilities, contracts, property,
records, and other items related to the functions transferred.\
Sec. 4. Executive Order No. 11769 of February 21, 1974 is hereby
revoked.\
Sec. 5. Any rules, regulations, orders, directives, circulars, or other
actions taken pursuant to the functions transferred or reassigned as
provided in this Order from the Office of Management and Budget to the
Administrator of General Services, shall remain in effect as if issued
by the Administrator until amended, modified, or revoked.\
Sec. 6. This Order shall be effective November 20, 1977.\
Jimmy Carter.\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 3 01/02/01\
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Sec. 3. Definitions\
\
-STATUTE-\
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) any committee that is composed wholly of full-time, or permanent
part-time, officers or employees of the Federal Government, and\
(ii) any committee that is created by the National Academy of Sciences
or the National Academy of Public Administration.\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 3, Oct. 6, 1972, 86 Stat. 770; 1977 Reorg. Plan
No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634; Pub.
L. 105-153, Sec. 2(a), Dec. 17, 1997, 111 Stat. 2689.)\
\
AMENDMENTS\
1997 - Par. (2). Pub. L. 105-153, in closing provisions, substituted
\'\'such term excludes (i) any committee that is composed wholly of
full-time, or permanent part-time, officers or employees of the Federal
Government, and (ii) any committee that is created by the National
Academy of Sciences or the National Academy of Public
Administration.\'\' for \'\'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.\'\'\
\
EFFECTIVE DATE OF 1997 AMENDMENT\
Section 2(c) of Pub. L. 105-153 provided that:\
\'\'(1) In general. - Except as provided in paragraph (2), this section
(enacting section 15 of Pub. L. 92-463, set out in this Appendix,
amending this section, and redesignating former section 15 of Pub. L.
92-463, set out in this Appendix, as section 16) and the amendments made
by this section shall take effect on the date of the enactment of this
Act (Dec. 17, 1997).\
\'\'(2) Retroactive effect. - Subsection (a) (amending this section) and
the amendments made by subsection (a) shall be effective as of October
6, 1972, except that they shall not apply with respect to or otherwise
affect any particular advice or recommendations that are subject to any
judicial action filed before the date of the enactment of this Act.\'\'\
\
TRANSFER OF FUNCTIONS\
\'\' \'Administrator\' means the Administrator of General Services\'\'
substituted for \'\' \'Director\' means the Director of the Office of
Management and Budget\'\' in par. (1) pursuant to Reorg. Plan No. 1 of
1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this Appendix,
which transferred functions of Office of Management and Budget and
Director thereof relating to Committee Management Secretariat to
Administrator of General Services, effective Nov. 20, 1977, as provided
by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out
under section 2 of this Act in this Appendix.\
\
COMMISSION ON GOVERNMENT PROCUREMENT\
Commission on Government Procurement, referred to in par. (2)(ii),
terminated Apr. 30, 1973, pursuant to Pub. L. 91-129, set out as a note
under section 251 of Title 41, Public Contracts.\
\
SECTION REFERRED TO IN OTHER SECTIONS\
This section is referred to in title 3 section 411; title 10 section
1783; title 12 section 1441a.\
\
-CITE-\
\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 4 01/02/01\
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Sec. 4. Applicability; restrictions\
\
-STATUTE-\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 4, Oct. 6, 1972, 86 Stat. 771.)\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 5 01/02/01\
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Sec. 5. Responsibilities of Congressional committees; review;
guidelines\
\
-STATUTE-\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 5, Oct. 6, 1972, 86 Stat. 771.)\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 6 01/02/01\
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Sec. 6. Responsibilities of the President; report to Congress; annual
report to Congress; exclusion\
\
-STATUTE-\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 6, Oct. 6, 1972, 86 Stat. 772; Pub. L. 97-375,
title II, Sec. 201(c), Dec. 21, 1982, 96 Stat. 1822.)\
\
TERMINATION OF REPORTING REQUIREMENTS\
For termination, effective May 15, 2000, of reporting provisions in
subsec. (c) of this section, see section 3003 of Pub. L. 104-66, as
amended, set out as a note under section 1113 of Title 31, Money and
Finance, and page 173 of House Document No. 103-7.\
\
AMENDMENTS\
1982 - Subsec. (c). Pub. L. 97-375 substituted provision that the
President shall, not later than Dec. 31 of each year, make an annual
report to Congress on the activities, status, and changes in the
composition of advisory committees in existence during the preceding
fiscal year, for provision the President, not later than March 31 of
each calendar year after 1972, make an annual report to Congress on the
activities, status, and changes in the composition of advisory
committees in existence during the preceding calendar year.\
\
EFFECTIVE DATE OF 1982 AMENDMENT\
Section 210(c) of Pub. L. 97-375 provided that the amendment made by
that section is effective July 1, 1983.\
\
-CITE-\
\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 7 01/02/01\
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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\
\
-STATUTE-\
\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 7, Oct. 6, 1972, 86 Stat. 772; 1977 Reorg. Plan
No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634; 1978
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36067, 92 Stat.
3783; Pub. L. 96-523, Sec. 2, Dec. 12, 1980, 94 Stat. 3040.)\
\
REFERENCES IN TEXT\
Section 501 of the Rehabilitation Act of 1973, referred to in subsec.
(d)(1)(C)(i), is classified to section 791 of Title 29, Labor, rather
than to section 794 of Title 29 as shown in text.\
\
AMENDMENTS\
1980 - Subsec. (d)(1)(C). Pub. L. 96-523 added subpar. (C).\
\
EFFECTIVE DATE OF 1980 AMENDMENT\
Amendment by Pub. L. 96-523 effective sixty days after Dec. 12, 1980,
see section 3 of Pub. L. 6-523, set out as a note under section 3102 of
this title.\
\
TRANSFER OF FUNCTIONS\
\'\'Director of the Office of Personnel Management\'\' substituted for
\'\'Civil Service Commission\'\' in subsec. (d) pursuant to Reorg. Plan
No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under
section 1101 of this title, which transferred functions vested by
statute in United States Civil Service Commission to Director of Office
of Personnel Management (except as otherwise specified), effective Jan.
1, 1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28,
1978, 44 F.R. 1055, set out under section 1101 of this title.\
\'\'Administrator\'\', \'\'Administrator\'s\'\', \'\'Administrator of
General Services\'\', and \'\'General Services Administration\'\'
substituted for \'\'Director\'\', \'\'Director\'s\'\', \'\'Director,
Office of Management and Budget\'\', and \'\'Office of Management and
Budget\'\' in text pursuant to Reorg. Plan No. 1 of 1977, Sec. 5F, 42
F.R. 56101, 91 Stat. 1634, set out in this Appendix, which transferred
functions of Office of Management and Budget and Director thereof
relating to Committee Management Secretariat to Administrator of General
Services, effective Nov. 20, 1977, as provided by section 1 of Ex. Ord.
No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2 of this
Act in this Appendix.\
\
REFERENCES IN OTHER LAWS TO GS-16, 17, OR 18 PAY RATES\
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of this title, see
section 529 (title I, Sec. 101(c)(1)) of Pub. L. 101-509, set out in a
note under section 5376 of this title.\
\
SECTION REFERRED TO IN OTHER SECTIONS\
This section is referred to in section 568 of this title.\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 8 01/02/01\
\
Sec. 8. Responsibilities of agency heads; Advisory Committee Management
Officer, designation\
\
-STATUTE-\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 8, Oct. 6, 1972, 86 Stat. 773; 1977 Reorg. Plan
No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634.)\
\
TRANSFER OF FUNCTIONS\
\'\'Administrator\'\', meaning Administrator of General Services,
substituted for \'\'Director\'\', meaning Director of Office of
Management and Budget, in subsec. (a) pursuant to Reorg. Plan No. 1 of
1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this Appendix,
which transferred functions of Office of Management and Budget and
Director thereof relating to Committee Management Secretariat to
Administrator of General Services, effective Nov. 20, 1977, as provided
by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out
under section 2 of this Act in this Appendix.\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 9 01/02/01\
\
Sec. 9. Establishment and purpose of advisory committees; publication in
Federal Register; charter: filing, contents, copy\
\
-STATUTE-\
\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 9, Oct. 6, 1972, 86 Stat. 773; 1977 Reorg. Plan
No. 1, Sec. 5F, eff. Nov. 0, 1977, 42 F.R. 56101, 91 Stat. 1634.)\
\
TRANSFER OF FUNCTIONS\
\'\'Administrator\'\', meaning Administrator of General Services,
substituted for \'\'Director\'\', meaning Director of Office of
Management and Budget, in subsecs. (a)(2) and (c) pursuant to Reorg.
Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in
this Appendix, which transferred functions of Office of Management and
Budget and Director thereof relating to Committee Management Secretariat
to Administrator of General Services, effective Nov. 20, 1977, as
provided by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R.
61445, set out under section 2 of this Act in this Appendix.\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 10 01/02/01\
\
Sec. 10. Advisory committee procedures; meetings; notice, publication in
Federal Register; regulations; minutes; certification; annual report;
Federal officer or employee, attendance\
\
-STATUTE-\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 10, Oct. 6, 1972, 86 Stat. 774; Pub. L. 94-409,
Sec. 5(c), Sept. 13, 1976, 90 Stat. 1247; 1977 Reorg. Plan No. 1, Sec.
5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634.)\
\
AMENDMENTS\
1976 - Subsec. (d). Pub. L. 94-409 inserted \'\'portion of an\'\' after
\'\'to any\'\' and substituted provisions relating to determinations for
closing to the public such portion of the meeting in accordance with
section 552b(c) of title 5, for provisions relating to determinations of
matters listed in section 552(b) of title 5.\
\
EFFECTIVE DATE OF 1976 AMENDMENT\
Amendment by Pub. L. 94-409 effective 180 days after Sept. 13, 1976, see
section 6 of Pub. L. 94-409, set out as an Effective Date note under
section 552b of this title.\
\
TRANSFER OF FUNCTIONS\
\'\'Administrator\'\', meaning Administrator of General Services,
substituted for \'\'Director\'\', meaning Director of Office of
Management and Budget, in subsec. (a)(2), (3) pursuant to Reorg. Plan
No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set out in this
Appendix, which transferred functions of Office of Management and Budget
and Director thereof relating to Committee Management Secretariat to
Administrator of General Services, effective Nov. 20, 1977, as provided
by section 1 of Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out
under section 2 of this Act in this Appendix.\
\
SECTION REFERRED TO IN OTHER SECTIONS\
This section is referred to in section 566 of this title; title 15
section 4806; title 19 sections 2155, 2605; title 20 section 9011; title
30 section 1229; title 42 sections 6273, 7704; title 46 sections 4508,
9307; title 49 section 30306.\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 11 01/02/01\
\
Sec. 11. Availability of transcripts; \'\'agency proceeding\'\'\
\
-STATUTE-\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 11, Oct. 6, 1972, 86 Stat. 775.)\
\
REFERENCES IN TEXT\
Effective date of this Act, referred to in subsec. (a), as meaning
effective upon expiration of ninety days following enactment of Pub. L.
92-463 on Oct. 6, 1972, see section 15 of Pub. L. 92-463.\
\
SECTION REFERRED TO IN OTHER SECTIONS\
This section is referred to in title 15 section 4806; title 19 sections
2155, 2605; title 20 section 9011; title 42 section 6273.\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 12 01/02/01\
\
Sec. 12. Fiscal and administrative provisions; record-keeping; audit;
agency support services\
\
-STATUTE-\
(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.\
\
-SOURCE-\
\
(Pub. L. 92-463, Sec. 12, Oct. 6, 1972, 86 Stat. 775.)\
\
SECTION REFERRED TO IN OTHER SECTIONS\
This section is referred to in title 20 section 9011.\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 13 01/02/01\
\
Sec. 13. Responsibilities of Library of Congress; reports and background
papers; depository\
\
-STATUTE-\
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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 13, Oct. 6, 1972, 86 Stat. 775; 1977 Reorg. Plan
No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634.)\
\
TRANSFER OF FUNCTIONS\
\'\'Administrator\'\', meaning Administrator of General Services,
substituted in text for \'\'Director\'\', meaning Director of Office of
Management and Budget, pursuant to Reorg. Plan No. 1 of 1977, Sec. 5F,
42 F.R. 56101, 91 Stat. 1634, set out in this Appendix, which
transferred functions of Office of Management and Budget and Director
thereof relating to Committee Management Secretariat to Administrator of
General Services, effective Nov. 20, 1977, as provided by section 1 of
Ex. Ord. No. 12024, Dec. 1, 1977, 42 F.R. 61445, set out under section 2
of this Act in this Appendix.\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 14 01/02/01\
\
Sec. 14. Termination of advisory committees; renewal; continuation\
\
-STATUTE-\
(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.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 14, Oct. 6, 1972, 86 Stat. 776.)\
\
REFERENCES IN TEXT\
Effective date of this Act, referred to in subsec. (a)(1), as meaning
effective upon expiration of ninety days following enactment of Pub. L.
92-463 on Oct. 6, 1972, see section 15 of Pub. L. 92-463.\
\
EXECUTIVE ORDER NO. 11827\
Ex. Ord. No. 11827, Jan. 4, 1975, 40 F.R. 1217, as amended by Ex. Ord.
No. 11915, May 10, 1976, 41 F.R. 19195, which provided for the
continuance of certain Federal advisory committees, was superseded by
Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, formerly set out
below.\
\
EXECUTIVE ORDER NO. 11948\
Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, as amended by Ex. Ord.
No. 12007, Aug. 22, 1977, 42 F.R. 42839; Ex. Ord. No. 12029, Dec. 14,
1977, 42 F.R. 63631, which provided for the continuance of certain
Federal advisory committees, was superseded by Ex. Ord. No. 12110, Dec.
28, 1978, 44 F.R. 1069, formerly set out below.\
\
EX. ORD. NO. 12007. TERMINATION OF CERTAIN PRESIDENTIAL ADVISORY
COMMITTEES\
Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided: By virtue of
the authority vested in me by the Constitution and statutes of the
United States of America, and as President of the United States of
America, in order to terminate certain advisory committees in accordance
with the provisions of the Federal Advisory Committee Act (5 U.S.C.
App.), it is hereby ordered as follows:\
Section 1. (a) The Citizens\' Advisory Council on the Status of Women is
terminated.\
(b) Executive Order No. 11126 of November 1, 1963, as amended by
Executive Order No. 11221 of May 6, 1965 (42 U.S.C. 2000e note), is
further amended as follows:\
(1) Subsection (5) of Section 102 is revoked.\
(2) Section 103, in order to delete a reference to the Council, is
amended to read as follows: \'\'Annually the Committee shall transmit a
report to the President concerning the status of women.\'\'\
(3) Part II is revoked.\
(4) The second sentence of Section 301, in order to delete references to
the Council, is amended to read as follows: \'\'To the extent practical
and to the extent permitted by law\
(1) all Executive agencies shall cooperate with the Committee and
furnish it such information and assistance as may be necessary for the
performance of its functions, and\
(2) the Secretary of Labor shall furnish staff, office space, office
facilities and supplies, and other necessary assistance, facilities, and
services for the Committee.\'\'\
Sec. 2. (a) The Citizens\' Advisory Committee on Environmental Quality
is terminated.\
(b) Part II of Executive Order No. 11472 of May 29, 1969, as amended by
paragraphs (7) and (8) of Section 4 of Executive Order No. 11514 of
March 5, 1970 (42 U.S.C. 4321 note), is revoked.\
Sec. 3. (a) The Advisory Council for Minority Enterprise is terminated.\
(b) Section 2 of Executive Order No. 11625 of October 13, 1971 (15
U.S.C. 631 note), is revoked.\
Sec. 4. (a) The Consumer Advisory Council is terminated.\
(b) Executive Order No. 11583 of February 24, 1971 (20 U.S.C. 2982
note), is amended as follows:\
(1) The second sentence of subsection (b)(1) of Section 2 is amended by
deleting \'\'(including the Consumer Advisory Council established in
section 5 of this order)\'\'.\
(2) Section 5 is revoked.\
Sec. 5. (a) The President\'s Advisory Board on International Investment
is terminated.\
(b) Executive Order No. 11962 of January 19, 1977 (22 U.S.C. 3107 note),
is revoked.\
Sec. 6. Subsections (a), (g), (i), and (j) of Section 1 of Executive
Order No. 11948 of December 20, 1976 (formerly set out as a note under
this section), which extended the above advisory committees until
December 31, 1978, is superseded.\
\
Jimmy Carter.\
\
\
EX. ORD. NO. 12029. TERMINATION OF A PRESIDENTIAL ADVISORY COMMITTEE\
Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, provided: By virtue of
the authority vested in me by the Constitution and statutes of the
United States of America, and as President of the United States of
America, in order to terminate an advisory committee in accordance with
the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it
is hereby ordered as follows:\
Section 1. (a) The Quetico-Superior Committee is terminated.\
(b) Executive Order No. 11342, as amended, is revoked.\
Sec. 2. Subsection (e) of Section 1 of Executive Order No. 11948 of
December 20, 1976 (formerly set out as a note under this section), which
extended the above advisory committee until December 31, 1978, is
superseded. Jimmy Carter.\
\
EXECUTIVE ORDER NO. 12110\
Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, which provided for the
continuance of certain Federal advisory committees, was superseded by
Ex. Ord. No. 12258, Dec. 31, 198, 46 F.R. 1251, as amended, formerly set
out below.\
\
EXECUTIVE ORDER NO. 12258\
Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, as amended by Ex. Ord.
No. 12271, Jan. 15, 1981, 46 F.R. 4677; Ex. Ord. No. 12299, Mar. 17,
1981, 46 F.R. 17751; Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421; Ex.
Ord. No. 12336, Dec. 21, 1981, 46 F.R. 62239, which provided for the
continuance of certain Federal advisory committees, was superseded by
Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly set out below.\
\
EX. ORD. NO. 12305. TERMINATION OF CERTAIN FEDERAL ADVISORY COMMITTEES\
Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, provided: By the
authority vested in me as President by the Constitution of the United
States of America, and in accordance with the provisions of the Federal
Advisory Committee Act, as amended (5 U.S.C. App.), the following
Executive Orders, establishing advisory committees, are hereby revoked
and the committees terminated:\
(a) Executive Order No. 12059 of May 11, 1978, as amended (28 U.S.C. 44
note), establishing the United States Circuit Judge Nominating
Commission;\
(b) Executive Order No. 11992 of May 24, 1977 (28 U.S.C. note prec.
chapter 1), establishing the Committee on Selection of Federal Judicial
Officers;\
(c) Executive Order No. 12084 of September 27, 1978, as amended by
Executive Order 12097 of November 8, 1978 (28 U.S.C. 133 note),
establishing the Judicial Nominating Commission for the District of
Puerto Rico; and\
(d) Executive Order No. 12064 of June 5, 1978 (26 U.S.C. 7443 note),
establishing the United States Tax Court Nominating Commission.\
Subsections (g), (i), (j) and (k) of Section 1-101 of Executive Order
No. 12258 (formerly set out as a note under this section), extending
these committees, are also revoked. Ronald Reagan.\
\
EX. ORD. NO. 12379. TERMINATION OF BOARDS, COMMITTEES, AND COMMISSIONS\
Ex. Ord. No. 12379, Aug. 17, 1982, 47 F.R. 36099, provided: By the
authority vested in me as President by the Constitution and statutes of
the United States of America, and to terminate the establishing
authorities for committees that are inactive or no longer necessary, it
is hereby ordered as follows:\
Section 1. Executive Order No. 12071, as amended (29 U.S.C. 1001 note),
establishing the President\'s Commission on Pension Policy, is revoked.\
Sec. 2. Executive Order No. 12042, creating a Board of Inquiry to Report
on Labor Disputes Affecting the Bituminous Coal Industry in the United
States, is revoked.\
Sec. 3. Executive Order No. 12085, creating an Emergency Board to
Investigate a Dispute Between the Norfolk and Western Railway Company
and Certain of Its Employees, is revoked.\
Sec. 4. Executive Order No. 12132, creating an Emergency Board to
Investigate a Dispute Between the National Railway Labor Conference and
Certain of Its Employees, is revoked.\
Sec. 5. Executive Order No. 12095, creating an Emergency Board to
Investigate a Dispute Between Wien Air Alaska, Inc., and Certain
Individuals, is revoked.\
Sec. 6. Executive Order No. 12159, creating an Emergency Board to
Investigate Disputes Between the Chicago, Rock Island, Pacific Railroad
and Peoria Terminal Company and Brotherhood of Railway, Airline and
Steamship Clerks, Freight Handlers, Express and Station Employees; and
the United Transportation Union, is revoked.\
Sec. 7. Executive Order No. 12182, creating an Emergency Board to
Investigate a Dispute Between the Long Island Rail Road and Certain of
Its Employees, is revoked.\
Sec. 8. Executive Order No. 12207, creating an Emergency Board to
Investigate a Dispute Between the Port Authority Trans-Hudson
Corporation and Certain of Its Employees, is revoked.\
Sec. 9. Executive Order No. 12262 (29 U.S.C. 1001 note), establishing an
Interagency Employee Benefit Council, is revoked.\
Sec. 10. Executive Order No. 12275 (20 U.S.C. 951 note), establishing
the Design Liaison Council, is revoked.\
Sec. 11. Executive Order No. 11829, as amended (25 U.S.C. 640d note),
establishing the Hopi-Navajo Land Settlement Interagency Committee, is
revoked.\
Sec. 12. Executive Order No. 11022, as amended (42 U.S.C. 3001 note),
establishing the President\'s Council on Aging, is revoked.\
Sec. 13. Executive Order No. 12192 (42 U.S.C. 2021 note), establishing
the State Planing (Planning) Council on Radioactive Waste Management, is
revoked.\
Sec. 14. Executive Order No. 12075, as amended (42 U.S.C. 1450 note),
establishing the Interagency Coordinating Council, is revoked.\
Sec. 15. Executive Order No. 11782 (12 U.S.C. 2281 note), establishing
the Federal Financing Bank Advisory Council, is revoked.\
Sec. 16. Executive Order No. 12089, as amended (15 U.S.C. 2401 note),
establishing the National Productivity Council, is revoked.\
Sec. 17. Executive Order No. 11330, as amended (42 U.S.C. note prec.
2711), establishing the President\'s Council on Youth Opportunity, is
revoked.\
Sec. 18. Executive Order No. 11256, establishing the President\'s
Committee on Food and Fiber and establishing the National Advisory
Commission on Food and Fiber, is revoked.\
Sec. 19. Executive Order No. 11654 (15 U.S.C. 278f note), continuing the
Federal Fire Council, is revoked.\
Sec. 20. Executive Order No. 12083, as amended (42 U.S.C. 7101 note),
establishing the Energy Coordinating Committee, is revoked.\
Sec. 21. Executive Order No. 12285, as amended and ratified (50 U.S.C.
1701 note), establishing the President\'s Commission on Hostage
Compensation, is revoked.\
Sec. 22. Executive Order No. 12202, as amended (42 U.S.C. 5848 note),
establishing the Nuclear Safety Oversight Committee, is revoked.\
Sec. 23. Executive Order No. 12194 (42 U.S.C. 1321 note), establishing
the Radiation Policy Council, is revoked.\
Sec. 24. The Veterans\' Federal Coordinating Committee (Weekly
Compilation of Presidential Documents, volume 14, number 41, page 1743)
is terminated.\
Sec. 25. The President\'s Council on Energy Efficiency (Weekly
Compilation of Presidential Documents, volume 16, numbers 18 and 30,
pages 790 and 1404) is terminated. Ronald Reagan.\
\
EXECUTIVE ORDER NO. 12399\
Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, which provided for the
continuance of certain Federal advisory committees, was superseded by
Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out
below.\
\
EXECUTIVE ORDER NO. 12489\
Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, which provided for
the continuance of certain Federal advisory committees, was superseded
by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out
below.\
\
EXECUTIVE ORDER NO. 12534\
Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, which provided for
the continuance of certain Federal advisory committees, was superseded
by Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out
below.\
\
EXECUTIVE ORDER NO. 12610\
Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, which provided for
the continuance of certain Federal advisory committees, was superseded
by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out
below.\
\
EXECUTIVE ORDER NO. 12692\
Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, as amended by Ex.
Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969, which provided for the
continuance of certain Federal advisory committees, was superseded by
Ex. Ord. No. 12774, Sec. 4, Sept. 27, 1991, 56 F.R. formerly set out
below.\
\
EXECUTIVE ORDER NO. 12774\
Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, which provided for
the continuance of certain Federal advisory committees, was superseded
by Ex. Ord. No. 12869, Sec. 5, Sept. 30, 1993, 58 F.R. 51751, formerly
set out below.\
\
EX. ORD. NO. 12838. TERMINATION AND LIMITATION OF FEDERAL ADVISORY
COMMITTEES\
Ex. Ord. No. 12838, Feb. 10, 1993, 58 F.R. 8207, provided: By the
authority vested in me as President by the Constitution and the laws of
the United States of America, including the Federal Advisory Committee
Act (\'\'FACA\'\'), as amended (5 U.S.C. App.), it is hereby ordered as
follows:\
Section 1. Each executive department and agency shall terminate not less
than one-third of the advisory committees subject to FACA (and not
required by statute) that are sponsored by the department or agency by
no later than the end of fiscal year 1993.\
Sec. 2. Within 90 days, the head of each executive department and agency
shall submit to the Director of the Office of Management and Budget, for
each advisory committee subject to FACA sponsored by that department or
agency:\
(a) a detailed justification for the continued existence, or a brief
description in support of the termination, of any advisory committee not
required by statute; and\
(b) a detailed recommendation for submission to the Congress to continue
or to terminate any advisory committee required by statute. The
Administrator of General Services shall prepare such justifications and
recommendations for each advisory committee subject to FACA and not
sponsored by a department or agency.\
Sec. 3. Effective immediately, executive departments and agencies shall
not create or sponsor a new advisory committee subject to FACA unless
the committee is required by statute or the agency head\
(a) finds that compelling considerations necessitate creation of such a
committee, and\
(b) receives the approval of the Director of the Office of Management
and Budget. Such approval shall be granted only sparingly and only if
compelled by considerations of national security, health or safety, or
similar national interests. These requirements shall apply in addition
to the notice and other approval requirements of FACA.\
Sec. 4. The Director of the Office of Management and Budget shall issue
detailed instructions regarding the implementation of this order,
including exemptions necessary for the delivery of essential services
and compliance with applicable law.\
Sec. 5. All independent regulatory commissions and agencies are
requested to comply with the provisions of this order.\
\
William J. Clinton.\
\
EXECUTIVE ORDER NO. 12869\
Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, as amended by Ex.
Ord. No. 12882, Sec. 4(c), Nov. 23, 1993, 58 F.R. 62493, which provided
for the continuance of certain Federal advisory committees, was
superseded by Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875,
formerly set out below.\
\
EXECUTIVE ORDER NO. 12974\
Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, which provided for
the continuance of certain Federal advisory committees, was superseded
by Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, formerly set out
below.\
\
EXECUTIVE ORDER NO. 13062\
Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, as amended by Ex.
Ord. No. 13138, Sec. 4, Sept. 30, 1999, 64 F.R. 53880, provided for the
continuance of certain Federal advisory committees and amendment of Ex.
Ord. No. 13038 (47 U.S.C. 336 note) and Ex. Ord. No. 13054 (22 U.S.C.
3310 note).\
\
EX. ORD. NO. 13138. CONTINUANCE OF CERTAIN FEDERAL ADVISORY COMMITTEES\
Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, provided: By the
authority vested in me as President by the Constitution and the laws of
the United States of America, and in accordance with the provisions of
the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is
hereby ordered as follows:\
Section 1. Each advisory committee listed below is continued until
September 30, 2001.\
(a) Committee for the Preservation of the White House; Executive Order
11145, as amended (Department of the Interior) (3 U.S.C. 110 note).\
(b) Federal Advisory Council on Occupational Safety and Health;
Executive Order 12196, as amended (Department of Labor) (5 U.S.C. 7902
note).\
(c) National Partnership Council; Executive Order 12871, as amended
(Office of Personnel Management) (5 U.S.C. 7101 note).\
(d) President\'s Advisory Commission on Educational Excellence for
Hispanic Americans; Executive Order 12900 (Department of Education) (20
U.S.C. 3411 note).\
(e) President\'s Board of Advisors on Historically Black Colleges and
Universities; Executive Order 12876 (Department of Education) (20 U.S.C.
1060 note).\
(f) President\'s Board of Advisors on Tribal Colleges and Universities;
Executive Order 13021, as amended (Department of Education) (25 U.S.C.
1801 note).\
(g) President\'s Commission on White House Fellowships; Executive Order
11183, as amended (Office of Personnel Management).\
(h) President\'s Committee of Advisors on Science and Technology;
Executive Order 12882 (Office of Science and Technology Policy) (42
U.S.C. 6601 note).\
(i) President\'s Committee on the Arts and the Humanities; Executive
Order 12367, as amended (National Endowment for the Arts).\
(j) President\'s Committee on the International Labor Organization;
Executive Order 12216, as amended (Department of Labor) (22 U.S.C. 271
note).\
(k) President\'s Committee on the National Medal of Science; Executive
Order 11287, as amended (National Science Foundation) (42 U.S.C. 1881
note).\
(l) President\'s Committee on Mental Retardation, Executive Order 12994
(Department of Health and Human Services) (42 U.S.C. note prec. 6000).\
(m) President\'s Council on Physical Fitness and Sports; Executive Order
12345, as amended (Department of Health and Human Services) (42 U.S.C.
300u-5 note).\
(n) President\'s National Security Telecommunications Advisory
Committee, Executive Order 12382, as amended (Department of Defense).\
(o) Trade and Environment Policy Advisory Committee; Executive Order
12905 (Office of the United States Trade Representative) (19 U.S.C. 2155
note).\
(p) President\'s Export Council; Executive Order 12131, as amended
(Department of Commerce) (50 App. U.S.C. 2401 note).\
Sec. 2. Notwithstanding the provisions of any other Executive order, the
functions of the President under the Federal Advisory Committee Act that
are applicable to the committees listed in section 1 of this order,
except that of reporting annually to the Congress, shall be performed by
the head of the department or agency designated after each committee, in
accordance with the guidelines and procedures established by the
Administrator of General Services.\
Sec. 3. The following Executive orders, or sections thereof, which
established committees that have terminated and whose work is completed,
are revoked:\
(a) Executive Order 13017, as amended by Executive Orders 13040 and
13056, establishing the Advisory Commission on Consumer Protection and
Quality in the Health Care Industry;\
(b) Executive Order 13038, establishing the Advisory Committee on Public
Interest Obligation of Digital Television Broadcasters, as amended by
section 5 of Executive Order 13062, and Executive Orders 13065, 13081,
and 13102;\
(c) Section 5 and that part of section 6(f) of Executive Order 13010, as
amended by section 3 of Executive Order 13025, Executive Order 13041,
sections 1, 2, and that part of section 3 of Executive Order 13064, and
Executive Order 13077, establishing the Advisory Committee to the
President\'s Commission on Critical Infrastructure Protection (42 U.S.C.
5195 note);\
(d) Executive Order 13037, as amended by Executive Orders 13066 and
13108, establishing the Commission to Study Capital Budgeting;\
(e) Executive Order 13050, establishing the President\'s Advisory Board
on Race;\
(f) Executive Order 12852, as amended by Executive Orders 12855, 12965,
12980, 13053, and 13114, establishing the President\'s Council on
Sustainable Development; and\
(g) Executive Order 12961, as amended by Executive Order 13034 (38
U.S.C. 1117 note), establishing the Presidential Advisory Committee on
Gulf War Veterans\' Illnesses.\
Sec. 4. Sections 1 through 4 of Executive Order 13062 are superseded.\
Sec. 5. Executive Order 12131, as amended (50 App. U.S.C. 2401 note), is
further amended by adding in section 1-102(a) a new paragraph as
follows: \'\'(9) Department of Energy.\'\'\
Sec. 6. Executive Order 13115 is amended by adding the Department of the
Treasury and the Office of National Drug Control Policy to the
Interagency Task Force on the Roles and Mission of the United States
Coast Guard, so that the list in section 1(b) of that order shall read
as follows:\
\'\'(1) Department of State;\
(2) Department of the Treasury;\
(3) Department of Defense;\
(4) Department of Justice;\
(5) Department of Commerce;\
(6) Department of Labor;\
(7) Department of Transportation;\
(8) Environmental Protection Agency;\
(9) Office of Management and Budget;\
(10) National Security Council;\
(11) Office of National Drug Control Policy;\
(12) Council on Environmental Quality;\
(13) Office of Cabinet Affairs;\
(14) National Economic Council;\
(15) Domestic Policy Council; and\
(16) United States Coast Guard.\'\'\
Sec. 7. Executive Order 12367, as amended, is further amended as
follows:\
(a) in section 1, the text \'\'the director of the International
Communication Agency,\'\' is deleted;\
(b) in section 2, delete the first sentence and insert in lieu thereof
\'\'The Committee shall advise, provide recommendations to, and assist
the President, the National Endowment of the Arts, the National
Endowment for the Humanities, and the Institute of Museum and Library
Services on matters relating to the arts and the humanities. The
Committee shall initiate and assist in the development of\
(i) ways to promote public understanding and appreciation of the arts
and the humanities;\
(ii) ways to promote private sector support for the arts and
humanities;\
(iii) ways to evaluate the effectiveness of Federal support for the arts
and humanities and their relationship with the private sector;\
(iv) the planning and coordination of appropriate participation
(including productions and projects) in major national cultural events,
including the Millennium;\
(v) activities that incorporate the arts and the humanities in
government objectives; and\
(vi) ways to promote the recognition of excellence in the fields of the
arts and the humanities.\'\'; and\
(c) in section 3(b), add the following sentence after the first
sentence: \'\'Private funds accepted under the National Endowment for
the Arts\' or the National Endowment for the Humanities\' gift authority
may also be used to pay expenses of the Committee.\'\'\
Sec. 8. Executive Order 12345, as amended (42 U.S.C. 300u-5 note), is
further amended by deleting the first sentence of section 2(b) and
inserting in lieu thereof the following three sentences.\
\'\'The council shall be composed of twenty members appointed by the
President. Each member shall serve a term of 2 years and may continue to
serve after the expiration of their term until a successor is appointed.
A member appointed to fill an unexpired term will be appointed for the
remainder of such term.\'\'\
Sec. 9. This order shall be effective September 30, 1999.\
\
William J. Clinton.\
\
SECTION REFERRED TO IN OTHER SECTIONS\
This section is referred to in section 8473 of this title; title 7
sections 5843, 5853; title 12 section 4703; title 15 section 4603; title
16 sections 1a-14, 410nn-3, 410oo-5, 410qq-2, 410ww-21, 430g-8, 460ww-5,
460kkk, 460lll-22, 463, 698u-5, 1274, 5404; title 20 section 5508; title
21 sections 360c, 360j; title 29 sections 765, 1142, 2911; title 33
section 2251; title 38 section 545; title 42 sections 218, 254j, 299c,
299c-1, 300d-1, 300j-5, 300v-3, 2471a, 11221, 12623, 12653l, 13458,
14131; title 44 section 2701; title 49 sections 30306, 44508.\
\
-CITE-\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 15 01/02/01\
\
Sec. 15. Requirements relating to the National Academy of Sciences and
the National Academy of Public Administration\
\
-STATUTE-\
(a) In General. - An agency may not use any advice or recommendation
provided by the National Academy of Sciences or National Academy of
Public Administration that was developed by use of a committee created
by that academy under an agreement with an agency, unless -\
(1) the committee was not subject to any actual management or control by
an agency or an officer of the Federal Government;\
(2) in the case of a committee created after the date of the enactment
of the Federal Advisory Committee Act Amendments of 1997, the membership
of the committee was appointed in accordance with the requirements
described in subsection (b)(1); and\
(3) in developing the advice or recommendation, the academy complied
with -\
(A) subsection (b)(2) through (6), in the case of any advice or
recommendation provided by the National Academy of Sciences;\
or\
(B) subsection (b)(2) and (5), in the case of any advice or
recommendation provided by the National Academy of Public
Administration.\
(b) Requirements. - The requirements referred to in subsection (a) are
as follows:\
(1) The Academy shall determine and provide public notice of the names
and brief biographies of individuals that the Academy appoints or
intends to appoint to serve on the committee. The Academy shall
determine and provide a reasonable opportunity for the public to comment
on such appointments before they are made or, if the Academy determines
such prior comment is not practicable, in the period immediately
following the appointments. The Academy shall make its best efforts to
ensure that\
(A) no individual appointed to serve on the committee has a conflict of
interest that is relevant to the functions to be performed, unless such
conflict is promptly and publicly disclosed and the Academy determines
that the conflict is unavoidable,\
(B) the committee membership is fairly balanced as determined by the
Academy to be appropriate for the functions to be performed, and\
(C) the final report of the Academy will be the result of the Academy\'s
independent judgment. The Academy shall require that individuals that
the Academy appoints or intends to appoint to serve on the committee
inform the Academy of the individual\'s conflicts of interest that are
relevant to the functions to be performed.\
(2) The Academy shall determine and provide public notice of committee
meetings that will be open to the public.\
(3) The Academy shall ensure that meetings of the committee to gather
data from individuals who are not officials, agents, or employees of the
Academy are open to the public, unless the Academy determines that a
meeting would disclose matters described in section 552(b) of title 5,
United States Code. The Academy shall make available to the public, at
reasonable charge if appropriate, written materials presented to the
committee by individuals who are not officials, agents, or employees of
the Academy, unless the Academy determines that making material
available would disclose matters described in that section.\
(4) The Academy shall make available to the public as soon as
practicable, at reasonable charge if appropriate, a brief summary of any
committee meeting that is not a data gathering meeting, unless the
Academy determines that the summary would disclose matters described in
section 552(b) of title 5, United States Code. The summary shall
identify the committee members present, the topics discussed, materials
made available to the committee, and such other matters that the Academy
determines should be included.\
(5) The Academy shall make available to the public its final report, at
reasonable charge if appropriate, unless the Academy determines that the
report would disclose matters described in section 552(b) of title 5,
United States Code. If the Academy determines that the report would
disclose matters described in that section, the Academy shall make
public an abbreviated version of the report that does not disclose those
matters.\
(6) After publication of the final report, the Academy shall make
publicly available the names of the principal reviewers who reviewed the
report in draft form and who are not officials, agents, or employees of
the Academy.\
(c) Regulations. - The Administrator of General Services may issue
regulations implementing this section.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 15, as added Pub. L. 105-153, Sec. 2(b), Dec. 17,
1997, 111 Stat. 2689.)\
\
REFERENCES IN TEXT\
The date of the enactment of the Federal Advisory Committee Act
Amendments of 1997, referred to in subsec. (a)(2), is the date of
enactment of Pub. L. 105-153, which was approved Dec. 17, 1997.\
\
PRIOR PROVISIONS\
A prior section 15 of the Federal Advisory Committee Act was renumbered
section 16 by Pub. L. 105-153.\
\
REPORT\
Section 3 of Pub. L. 105-153 provided that: \'\'Not later than 1 year
after the date of the enactment of this Act (Dec. 17, 1997), the
Administrator of General Services shall submit a report to the Congress
on the implementation of and compliance with the amendments made by this
Act (enacting this section, amending section 3 of Pub. L. 92-463, set
out in this Appendix, and redesignating former section 15 of Pub. L.
92-463, set out in this Appendix, as section 16).\'\'\
\
-CITE-\
\
5 USC APPENDIX - FEDERAL ADVISORY COMMITTEE ACT Sec. 16 01/02/01\
\
Sec. 16. Effective date\
\
-STATUTE-\
Except as provided in section 7(b), this Act shall become effective upon
the expiration of ninety days following October 6, 1972.\
\
-SOURCE-\
(Pub. L. 92-463, Sec. 16, formerly Sec. 15, Oct. 6, 1972, 86 Stat. 776;
renumbered Sec. 16, Pub. L. 105-153, Sec. 2(b), Dec. 17, 1997, 111 Stat.
2689.)