An Act to authorize the Office of Management and Budget to establish a system governing the creation and operation of advisory committees throughout the Federal Government which are created to advise officers and agencies of the Federal Government
PL 92-463 (H.R.4383), enacted 10/06/1972

770 
PUBLIC LAW 92-463-OCT. 6, 1972 
[86 STAT. 
October 6,1972 
[H. R. 4383] 
Public Law 92-463 
. . . 
AN ACT 
To authorize the establishment of a system governing the rreation and oper-
ation of advisory committees in the executive branch of the Federal Gov-
ernment, and for other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
soT^'^clV.r^Mee United States of America in Congress assembled, That tJiis Act may 
AcL 
be cited as the "Federal Advisory Committee Act". 
FINDINGS AND PURPOSES 
SEC. 2. (a) The Congress finds that there are numerous committees, 
boards, commissions, councils, and similar groups which have been 
established to advise officers and agencies in the executive branch of 
the Federal Government and that they are frequently a useful and 
beneficial means of furnishing expert advice, ideas, and diverse opin-
ions 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 estab-
lished ; 
(4) standards and uniform procedures should govern the estab-
lishment, operation, administration, and duration of advisory 
committees; 
(5) the Congress and the public should be kept informed with 
respect to the number, purpose, membership, activities, and cost 
of advisory committees; and 
(6) the function of advisory committees should be advisory 
only, and that all matters under their consideration should be 
determined, in accordance with law. by the official, agency, or 
officer involved. 
, 
, 
,,, 
DEFINITIONS 
SEC. 8. For the purpose of this Act— 
(1) The term "Director" means the Director of the Office of 
Management and Budget. 
(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 Gov-
ernment, except that such term excludes (i) the Advisory Com-
mission on Intei-governmental Relations, (ii) the Commission on 
Government Procurement, and (iii) any committee which is com-
posed wholly of full-time officers or employees of the Federal 
Government. 
86 STAT.] 
PUBLIC LAW 92-463~OCT. 6, 1972 
771 
(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. 
80 Stat. 381. 
APPLICABILITY 
SEC. 4. (a) The provisions of this Act or of any rule, order, or regu-
lation promulgated under this Act shall apply to each advisory com-
mittee 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. 
Restrictions, 
RESPONSIBILITIES OF CONGRESSIONAL 
COMMITTEES 
SEC. 5. (a) In the exercise of its legislative review function, each 
standing committee of the Senate and the House of Representatives 
shall make a continuing review of the activities of each advisory com-
mittee 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 Representa-
tives, 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 inap-
propriately 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 appro-
priations, the date for submission of reports (if any), the dura-
tion 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 inade-
quate; and 
Guidelines. 
772 
PUBLIC LAW 92-463-OCT. 6, 1972 
[86 STAT. 
• Ifit .!«'« CA 
aoi 
(5) contain provisions which will assure that the advisory 
committee will have adequate staff (either supplied by an agency 
or employed by it), will oe 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 sub-
section (b) of this section shall be followed by the President, agency 
heads, or other Federal officials in creating an advisory committee. 
Report to Con-
gress. 
Annual report 
to Congress. 
Exclusion. 
KESPONSIBILITIKS OF T H E 
P R E S m E N T 
SEC. 6. (a) The President may delegate responsibility for evaluating 
and taking action, where appropriate, with respect to all public recom-
mendations 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 dele-
gate shall make a report to the Congress stating either his proposals 
for action or his reasons for inaction, with respect to the recommen-
dations contained in the public report. 
(c) The President shall, not later than March 31 of each calendar 
year (after the year in which this Act is enacted), make an annual 
report to the Congress on the activities, status, and changes in the 
composition of advisory committees in existence during the preceding 
calendar year. The report shall contain the name of every advisory 
committee, the date of and authority for its creation, its termination 
<iate 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 
(.'ontinuing body, the dates of its meetings, the names and occupa-
tions of its current members, and the total estimated annual cost to 
the United States to fund, service, supply, and maintain such commit-
tee. 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. 
Committee 
Management 
Secretariat, es-
tablishment. 
Review. 
Recommenda-
tions to President 
and Congress. 
Agency cooper-
ation. 
RESPONSIBILITIES OF THE DIRECTOR, OFFICE OF MANAGEMENT AND BUDGET 
SEC. 7. (a) The Director shall establish and maintain within the 
Office of Management and Budget a Committee Management Secre-
tariat, which shall be responsible for all matters relating to advisory 
committees. 
(b) The Director shall, immediately after the enactment of this 
Act, institute a comprehensive review of the activities and responsi-
bilities 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 commit-
tees ; or 
(4) whether is should be abolished. 
The Director 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 Director'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 Director 
shall carry out a similar review annually. Agency heads shall cooperate 
with the Director in making the reviews required by this subsection. 
5 u s e 5332 
note. 
86 STAT. ] 
PUBLIC LAW 92-463-OCT. 6, 1972 
773 
(c) The Director shall prescribe administrative guidelines and man- guTdei°n^8."''* 
agement controls applicable to advisory committees, and, to the maxi-
mmn extent feasible, provide advice, assistance, and guidance to 
advisory committees to improve their performance. In carrying out his 
functions under this subsection, the Director shall consider the recom-
mendations of each agency head with respect to means of improving 
the performance of advisory committees vrhose duties are related to 
such agency. 
(d) (1) The Director, after study and consultation with the Civil 
umform pay 
•y 
' 
AH 
• 
• 
T I T 
i T i ' T i - 
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guidelines. 
feervice Commission, shall establish guidelines with respect to uniform 
fair rates of pay for comparable services of membersj staffs, and con- 
, 
,,.,;: 
sultants 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 
advisorj^ 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; and 
(B) such members, while engaged in the performance of their 
Travel expenses, 
duties away from their homes or regular places of business, may 
' 
be allo\^ed travel expenses, including per diem in lieu of subsis-
tence, as authorized bv section 5703 of title 5, United States Code, 83*stSI^V9V^' 
for persons employed intermittently in the Government service. 
(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 
advisorv 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 Director shall include in budget recommendations a sum- 
Expense recom-
p . i 
j
i
i 
p 
l^ 
j ! i ' 
mendations. 
mary oi the amounts he deems necessary for the expenses oi advisory 
committees, including the expenses for publication of reports where 
,, , 
appropriate. 
RESPONSIBILITIES OF AGENCY HEADS 
- -^ 
-
SEC. 8. (a) Each agency head shall establish uniform administrative 
.. ,,, / 
guidelines and management controls for advisory committees estab-
lished by that agency, which shall be consistent with directives of the 
^ , <
, 
,. y 
Director 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 
Advisory com-
designate an Advisory Committee Management Officer who shall— 
menrc^nt"of^" 
(1) exercise control and supervision over the establishment, officer, designs-
procedures, and accomplishments of advisory committees estab- '*°"' 
fished 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 sec-
tion 552 of title 5, United States Code, with respect to such 
reports, records, and other papers. 
ESTABLISHMENT AND PURPOSE <^F ADVISORY 
COMMITTEES 
SEC. 9. (a) No advisory committee shall be established unless such 
establishment is— 
(1) specifioally authorized by statute or by the President; or 
81 Stat. 54. 
774 
PUBLIC LAW 92-463-OCT. 6, 1972 
[86 
STAT. 
Publication in 
Federal Register. 
Charter, filing. 
Copy. 
Meetings. 
Notice, publica-
tion in Federal 
Register. 
Regulations. 
n Stat. 54. 
Minutes . 
(2) determined as a matter of formal record, by the liead of the 
agency involved after consultation with the Director, with timely 
notice published in the Federal Register, to be in the public inter-
est 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 Presi-
dent 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 Director, 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 Eepresentatives 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 specifica-
tion 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. 
ADVISORY COMMITTEE PROCEDTJEES 
SEC. 10. (a) (1) Each advisory committee meeting shall be open to 
the public. 
(2) Except when the President determines otherwise for reasons of 
national security, timely notice of each such meeting shall be published 
in the Federal Register, and the Director 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 reason-
able rules or regulations as the Director 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 com-
plete and accurate description of matters discussed and conclusions 
reached, and copies of all reports received, issued, or approved by the 
86 STAT.] 
PUBLIC LAW 92-463-OCT. 6, 1972 
775 
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 advisory committee meeting which the President, or the head of 
the agency to which the advisory committee reports, determines is 
concerned with matters listed in section 552(b) 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 commit-
tee. The officer or employee so designated is authorized, whenever he 
determines it to be in the public interest, to adjourn any such meeting. 
Xo 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 com-
mittees (other than Presidential advisory committees), with an agenda 
approved by such officer or employee. 
Certification. 
81 Stat. 54. 
Annual report. 
Federal officer 
or employee, at-
tendance. 
AVAILABILITY OF TRANSCRIPTS 
SEC. 11. (a) Except where prohibited by contractual agreements 
entered into prior to the effective date of this Act, agencies and advi-
sory 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 proceed-
ing as defined in section 551 (12) of title 5, United States Code. 
' 'Agency pro-
ceeding." 
80 Stat. 382. 
FISCAL AND ADMINISTRATIVE 
PROVISIONS 
SEC. 12. (a) Each agency shall keep records as will fully disclose the 
disposition of any funds which may be at the disposal of its advisory 
committees and the nature and extent of their activities. The General 
Services Administration, or such other agency as the President may 
designate, shall maintain financial records with respect to Presidential 
advisory committees. The Comptroller General of the United States, or 
any of his authorized representatives, shall have access, for the pur-
pose 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 Presi-
dential advisory committees, such services may be provided by the 
General Services Administration. 
Recordkeeping. 
Audit. 
Agency support 
services. 
RESPONSIBILITIES OF LIBRARY OF CONGRESS 
SEC. 13. Subject to section 552 of title 5, United States Code, the 
Director 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. 
Reports and 
background 
papers. 
Depository. 
82-081 O - 73 - 52 
776 
PUBLIC LAW 92-464-OCT. 6, 1972 
[86 STAT. 
loq^-i isitjnsit 
l>i-:-> ij.-isi:i9'-f 
Renewal. 
Continuation. 
TKKMINATION OF ADVISORY 
COMMITTEES 
SEC. 14. (a)(1) Each advisory committee which is in existence on the 
effective date of this Act shall terminate not later than the expiration of 
the two-year period following such effective date unless— 
(A) in the case of an advisory committee established by the 
President or an officer of the Federal Government, such advisory 
committee is renewed by the President or that officer hj appropri-
ate 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 appro-
' 
priate 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 
<-ommittee 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 suc-
cessive two-year periods by appropriate action taken by the President 
or such officer prior to the date on which such advisory committee 
would otherwise terminate. 
EFFECTIVE DATE 
SEC. 15. Except as provided in section T(b), this Act shall become 
effective upon the expiration of ninety days following the date of 
enactment. 
Approved October 6, 1972. 
October 6, 1972 
[H. J. Res. 807] 
Public Law 92-464 
JOINT RESOLUTION 
.\ufl»ori/.in«; the Presidfut to proclaim the setroud full week in ()ctol>er of 1
J
>
7
-
J 
as "Xational Legal Secretaries' Court Observance Week". 
National Legal 
Secretaries' 
Court Observance 
Week. 
Designation 
authorization. 
lie-solref/, by the Senate and Houne of Re/presentativen of the United 
Stat ex of At) 
I erica, hi Cong res 
fn assemhJed, That the President is hereby 
aiithoi-jzed and i-equested to issue a proclamation desigTiating the 
s('(H>ii(l full week in Octobei-1972 as "National Legal Secretaries' Court 
Obserxaivce Week'', and calling upon the people of the United Stntes 
to ()l)ser\'o such week with appropriate ceremonies and activities. 
Approved October 6, 1972.