5 U.S.C. § 1009 — Advisory committee procedures

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-