5 U.S.C. § 1010 — Availability of transcripts

Page 251 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1010 (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 the du- ties are not solely advisory, a specification of the authority for the duties; (G) the estimated annual operating costs for the committee in dollars and person- years; (H) the estimated number and frequency of committee meetings; (I) the committee’s termination date, if less than 2 years from the date of the com- mittee’s establishment; and (J) the date the charter is filed. (3) COPY OF CHARTER TO LIBRARY OF CON- GRESS.—A copy of the advisory committee charter shall be furnished to the Library of Congress. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4201.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1008 ............ 5 U.S.C. App. (FACA § 9) Pub. L. 92–463, § 9, Oct. 6, 1972, 86 Stat. 773. In subsection (a)(2) and subsection (c)(1)(A), the word ‘‘Administrator’’ is substituted for ‘‘Director’’ (mean- ing the Director of the Office of Management and Budg- et) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.). § 1009. Advisory committee procedures (a) COMMITTEE MEETINGS.— (1) OPEN TO PUBLIC.—Each advisory com- mittee meeting shall be open to the public. (2) NOTICE OF MEETINGS.—Except when the President determines otherwise for reasons of national security, timely notice of each meet- ing shall be published in the Federal Register, and the Administrator shall prescribe regula- tions to provide for other types of public no- tice to insure that all interested persons are notified of each meeting in advance. (3) PARTICIPATION.—Interested persons shall be permitted to attend, appear before, or file statements with any advisory committee, sub- ject to such reasonable rules or regulations as the Administrator may prescribe. (b) PUBLIC INSPECTION AND COPYING OF RECORDS.—Subject to section 552 of this title, the records, reports, transcripts, minutes, ap- pendixes, working papers, drafts, studies, agen- da, or other documents which were made avail- able to or prepared for or by each advisory com- mittee 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 advi- sory committee ceases to exist. (c) MINUTES.—Detailed minutes of each meet- ing 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 ap- proved by the advisory committee. The accuracy of all minutes shall be certified by the chairman of the advisory committee. (d) CLOSED SESSIONS.—Paragraphs (1) and (3) of subsection (a) shall not apply to any portion of an advisory committee meeting for which the President, or the head of the agency to which the advisory committee reports, determines that such portion of the meeting may be closed to the public in accordance with section 552b(c) of this title. Any such determination shall be in writing and shall contain the reasons for the de- termination. 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 this title. (e) DESIGNATED OFFICER OR EMPLOYEE OF FED- ERAL GOVERNMENT.—There shall be designated an officer or employee of the Federal Govern- ment to chair or attend each meeting of each advisory committee. The officer or employee so designated is authorized, whenever the officer or employee determines it to be in the public inter- est, to adjourn any such meeting. An advisory committee shall not conduct any meeting in the absence of that designated officer or employee of the Federal Government. (f) CALL FOR MEETING OR ADVANCE AP- PROVAL.—Advisory committees shall not hold any meetings except at the call of, or with the advance approval of, a designated officer or em- ployee of the Federal Government, and in the case of advisory committees (other than Presi- dential advisory committees), with an agenda approved by such officer or employee. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4202.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1009 ............ 5 U.S.C. App. (FACA § 10) Pub. L. 92–463, § 10, Oct. 6, 1972, 86 Stat. 774; Pub. L. 94–409, § 5(c), Sept. 13, 1976, 90 Stat. 1247. In subsection (a), in paragraphs (2) and (3), the word ‘‘Administrator’’ is substituted for ‘‘Director’’ (mean- ing the Director of the Office of Management and Budg- et) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.). § 1010. Availability of transcripts (a) DEFINITION OF AGENCY PROCEEDING.—In this section, the term ‘‘agency proceeding’’ has the meaning given the term in section 551 of this title. (b) AVAILABILITY.—Agencies and advisory com- mittees shall make available to any person, at actual cost of duplication, copies of transcripts of any agency proceeding or advisory committee meeting. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4203.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1010 ............ 5 U.S.C. App. (FACA § 11) Pub. L. 92–463, § 11, Oct. 6, 1972, 86 Stat. 775. In subsection (b), the words ‘‘Except where prohibited by contractual agreements entered into prior to the ef- Page 252 TITLE 5—GOVERNMENT ORGANIZATION AND EMPLOYEES § 1011 1 So in original. Probably should be followed by a comma. fective date of this Act [i.e., 90 days after October 6, 1972]’’ are omitted as obsolete. § 1011. Fiscal and administrative provisions (a) RECORDS.—Each agency shall keep records that 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 des- ignate, shall maintain financial records with re- spect to Presidential advisory committees. The Comptroller General of the United States, or any authorized representative of the Comp- troller General, shall have access to the records for the purpose of audit and examination. (b) SUPPORT SERVICES.—Each agency shall be responsible for providing support services for each advisory committee established by or re- porting to it unless the establishing authority provides otherwise. If an advisory committee re- ports to more than one agency, only one agency at a time shall be responsible for support serv- ices. In the case of Presidential advisory com- mittees, support services may be provided by the General Services Administration. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4203.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1011 ............ 5 U.S.C. App. (FACA § 12) Pub. L. 92–463, § 12, Oct. 6, 1972, 86 Stat. 775. § 1012. Responsibilities of Library of Congress Subject to section 552 of this title, the Admin- istrator shall provide for the filing with the Li- brary of Congress of at least 8 copies of each re- port made by each advisory committee and, where appropriate, background papers prepared by consultants. The Librarian of Congress shall establish a depository for the reports and papers and make them available for public inspection and use. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4204.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1012 ............ 5 U.S.C. App. (FACA § 13) Pub. L. 92–463, § 13, Oct. 6, 1972, 86 Stat. 775. In this section, the word ‘‘Administrator’’ is sub- stituted for ‘‘Director’’ (meaning the Director of the Office of Management and Budget) because of section 5F of Reorganization Plan No. 1 of 1977 (5 U.S.C. App.). § 1013. Termination of advisory committees (a) IN GENERAL.— (1) ADVISORY COMMITTEES IN EXISTENCE ON JANUARY 5, 1973.—Each advisory committee that is in existence on January 5, 1973, shall terminate not later than the expiration of the 2-year period following that date unless— (A) in the case of an advisory committee established by the President or an officer of the Federal Government, such advisory com- mittee is renewed by the President or that officer by appropriate action prior to the ex- piration of such 2-year period; or (B) in the case of an advisory committee established by an Act of Congress, its dura- tion is otherwise provided for by law. (2) ADVISORY COMMITTEES ESTABLISHED AFTER JANUARY 5, 1973.—Each advisory committee es- tablished after January 5, 1973, shall terminate not later than the expiration of the 2-year pe- riod 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 1 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 dura- tion is otherwise provided for by law. (b) CHARTERS.— (1) UPON RENEWAL.—Upon the renewal of an advisory committee, the advisory committee shall file a charter in accordance with section 1008(c) of this title. (2) UPON EXPIRATION OF SUCCESSIVE 2-YEAR PERIODS.—An advisory committee established by an Act of Congress shall file a charter in accordance with section 1008(c) of this title upon the expiration of each successive 2-year period following the date of enactment of the Act establishing the advisory committee. (3) PROHIBITION ON ACTION PRIOR TO FILING CHARTER.—An advisory committee required to file a charter under this subsection shall not take any action (other than preparation and filing of the charter) prior to the date on which the charter is filed. (c) SUCCESSIVE TWO-YEAR PERIODS.—An advi- sory committee that is renewed by the Presi- dent or an officer of the Federal Government may be continued only for successive 2-year pe- riods by appropriate action taken by the Presi- dent or the officer prior to the date on which the advisory committee would otherwise terminate. (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4204.) HISTORICAL AND REVISION NOTES Revised Section Source (U.S. Code) Source (Statutes at Large) 1013 ............ 5 U.S.C. App. (FACA § 14) Pub. L. 92–463, § 14, Oct. 6, 1972, 86 Stat. 776. In subsection (a)(1) (matter before subparagraph (A)), the date ‘‘January 5, 1973’’ is substituted for ‘‘the effec- tive date of this Act’’, and in subsection (a)(2) (matter before subparagraph (A)), the date ‘‘January 5, 1973’’ is substituted for ‘‘such effective date’’, for clarity. In ac- cordance with section 16 (formerly section 15) of the Federal Advisory Committee Act (Public Law 92–463, 86 Stat. 776), which provides ‘‘this Act shall become effec- tive upon the expiration of ninety days following the date of enactment’’, the effective date of the Act is January 5, 1973.