[Senate Report 105-309]
[From the U.S. Government Publishing Office]



                                                       Calendar No. 548
105th Congress                                                   Report
                                SENATE

 2d Session                                                     105-309
_______________________________________________________________________


 
      ADVISORY COMMITTEE TERMINATION AND STREAMLINING ACT OF 1998

                               __________

                              R E P O R T

                                 of the

                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                          UNITED STATES SENATE

                              to accompany

                                S. 2228

 TO AMEND THE FEDERAL ADVISORY COMMITTEE ACT (5 U.S.C. APP.) TO MODIFY 
 TERMINATION AND REAUTHORIZATION REQUIREMENTS FOR ADVISORY COMMITTEES, 
                         AND FOR OTHER PURPOSES





September  8 (legislative day, August 31), 1998.--Ordered to be printed


                   COMMITTEE ON GOVERNMENTAL AFFAIRS

                   FRED THOMPSON, Tennessee, Chairman
WILLIAM V. ROTH, Jr., Delaware       JOHN GLENN, Ohio
TED STEVENS, Alaska                  CARL LEVIN, Michigan
SUSAN M. COLLINS, Maine              JOSEPH I. LIEBERMAN, Connecticut
SAM BROWNBACK, Kansas                DANIEL K. AKAKA, Hawaii
PETE V. DOMENICI, New Mexico         RICHARD J. DURBIN, Illinois
THAD COCHRAN, Mississippi            ROBERT G. TORRICELLI, New Jersey
DON NICKLES, Oklahoma                MAX CLELAND, Georgia
ARLEN SPECTER, Pennsylvania
             Hannah S. Sistare, Staff Director and Counsel
                  Richard A. Hertling, Senior Counsel
                 Leonard Weiss, Minority Staff Director
         Sebastian O'Kelly, Minority Professional Staff Member
                       Lynn L. Baker, Chief Clerk



                                                       Calendar No. 548
105th Congress                                                   Report
                                 SENATE

 2d Session                                                     105-309
_______________________________________________________________________


       ADVISORY COMMITTEE TERMINATION AND STREAMLING ACT OF 1998

                                _______
                                

 September 8 (legislative day, August 31), 1998.--Ordered to be printed

_______________________________________________________________________


Mr. Thompson, from the Committee on Governmental Affairs, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 2228]

    The Committee on Governmental Affairs, to which was 
referred the bill (S. 2228) to amend the Federal Advisory 
Committee Act (5 U.S.C. App.) to modify termination and 
reauthorization requirements for advisory committees, and for 
other purposes, reports favorably thereon and recommends that 
the bill do pass.

                               I. Purpose

    The fundamental purpose of S. 2288 is to streamline the 
operations of the federal government to save money and operate 
more efficiently and to promote congressional oversight and 
agency accountability. To achieve these basic goals, the 
legislation would terminate certain advisory committees in 
three years, unless the relevant authorizing committees of 
Congress reauthorize them within that period or the President 
certifies that any particular advisory committee addresses 
``critical needs relating to health, safety, national security, 
or other concerns,'' in which case the President would have the 
authority to extend the life of the particular committee. The 
bill is also intended to improve executive branch management of 
advisory committees and to enhance public awareness of the 
activities of advisory committees.

                             II. Background

    The Federal government has relied for many years on 
advisory committees. For example, the Board of Visitors of the 
Naval Academy was founded in 1879. Advisory committees promote 
public participation in the operation of the Federal 
government. In so doing, they are basic to the operation of our 
democratic society by permitting private citizens to 
participate actively in their government and to make 
recommendations or give advice to federal agencies.
    In 1972, to ensure that advisory committees were subject to 
adequate oversight and consistent rules, operated openly, and 
were not used to allow improper outside influence on government 
policy, Congress enacted the Federal Advisory Committee Act 
(``FACA''). An ``advisory committee'' subject to the FACA is 
any entity asked to render advice or recommendations to an 
agency as a single group, not as a collection of individuals. 
Advisory committees are those composed of private citizens. 
They are typically created as a forum to solicit input from 
experts or members of the general public and thereby promote 
public participation in government. The FACA is intended to 
regulate advisory committees in a consistent manner and to 
ensure they operate openly.
    Advisory committees are established by four means: those 
mandated by Congress through legislation; those authorized but 
not mandated by legislation; those established by the President 
pursuant to executive order; and those established directly by 
executive branch agencies pursuant to their own organic 
statutes. Advisory committees mandated by law or by executive 
order are considered ``non-discretionary'' committees. Advisory 
committees authorized, but not mandated by law or established 
by agencies under their own authority are considered 
``discretionary'' committees.
    The number of advisory committees used by federal agencies 
has consistently increased since the adoption of the FACA. Both 
Congress and succeeding administrations established them. By 
fiscal year 1988, there were 1020 advisory committees. This 
number continued to increase until fiscal year 1993, when there 
were 1305 advisory committees throughout the federal 
government.
    The current Administration has sought to curb the number of 
advisory committees by limiting the number of ``discretionary'' 
advisory committees to 534. In fiscal year 1997, 230 of these 
534 ``discretionary'' committees were authorized by law. The 
Administration has also imposed a agency-by-agency cap on the 
number of advisory committees used by each executive branch 
agency. Under the Administration's policy, a number of 
``discretionary'' committees have been abolished. The Committee 
believes that the Administration has made a good start, but 
must continue to do more to control the number and cost of 
advisory committees.
    While the number of ``discretionary'' committees has been 
brought under control, Congress has not yet stepped up to the 
plate. See Appendix I. Although section 14 of the FACA, as 
enacted in 1972, provided that new advisory committees would 
last for only two years, it left open the possibility that 
Congress would establish advisory committees authorized for 
longer than two years. Since then, Congress has routinely 
created new advisory committees for longer than two years. In 
fiscal year 1997, there were 963 advisory committees assisting 
agencies of the executive branch. Of these, 422 were mandated 
by law. Many of these were established many years ago and no 
longer serve a useful purpose. The Administration has conducted 
a comprehensive review of advisory committees and has 
recommended that 61 existing, statutorily mandated advisory 
committees be terminated. While the Committee does not take any 
position as to the appropriateness of the continuation or 
termination of any particular advisory committee, the 
Administration's recommendation is useful to show that some 
number of congressionally created advisory committees may be 
safely terminated.
    Despite the decline in the number of advisory committees 
since fiscal year 1993, the number of individuals serving on 
advisory committees and the cost of advisory committees have 
continued to increase. According to the General Accounting 
Office, 36,586 individuals served on 963 advisory committees in 
fiscal year 1997, an average of 38 individuals per 
committee.1 In fiscal year 1988, 21,236 individuals 
served on 1020 advisory committees, an average of about 21 
individuals per committee.2 The Committee is 
concerned by this increase and expects that the General 
Services Administration will take steps to curb the increase.
---------------------------------------------------------------------------
    \1\ See Federal Advisory Committee Act: General Services 
Administration's Oversight of Advisory Committees (GAO/GGD-98-124, June 
15, 1998), p. 5 (``GAO Report'').
    \2\ Id.
---------------------------------------------------------------------------
    Of greater concern to the Committee is the continuing 
increase in cost. In fiscal year 1997, it cost the government 
over $178 million to operate the 963 advisory 
committees.3 This was an increase of about $29.5 
million over fiscal year 1996, when there were 1000 advisory 
committees.4 The General Services Administration has 
estimated for the Committee that the cost of advisory 
committees for fiscal year 1998 will be $183 
million.5 These figures compare poorly to the cost 
for advisory committees in fiscal year 1988. That year, 1020 
advisory committees cost the government about $93 million. In 
constant 1988 dollars, the 963 advisory committees in fiscal 
year 1997 cost about $136 million.6 While these 
numbers demonstrate that the mere termination of advisory 
committees will not necessarily save money, it is obvious that 
the costs would only be higher if there were still more 
advisory committees. For example, the Administration has 
estimated that the termination of the 61 advisory committees it 
has recommended for termination would save the government $8.4 
million.
---------------------------------------------------------------------------
    \3\ Twenty-Sixth Annual Report of the President on Federal Advisory 
Committees: Fiscal Year 1997 (1998), p. 4.
    \4\  Id.
    \5\  Id., p. 9.
    \6\  GAO Report, p. 5.
---------------------------------------------------------------------------
    The Committee believes that more needs to be done by the 
Administration and by Congress to terminate advisory committees 
that have outlived their usefulness and to otherwise improve 
management of advisory committees in order to save money and 
improve their operations. In consultation with the 
Administration, the Committee developed S. 2228.

                        III. Legislative History

    S. 2228 was introduced on June 25, 1998. The legislation 
was introduced by Senator Fred Thompson (R-TN), Chairman of the 
Committee on Governmental Affairs, the Committee with 
jurisdiction over the FACA, Senator John Glenn (D-OH), the 
Ranking Minority Member of the Committee on Governmental 
Affairs, and four other Members of the Committee on 
Governmental Affairs, Senator Thad Cochran (R-MS), Senator Carl 
Levin (D-MI), Senator Sam Brownback (R-KS), and Senator Joseph 
Lieberman (D-CT). The legislation was drafted in close 
consultation with the General Services Administration, the 
executive branch agency charged with superintending the 
activities of advisory committees and the executive branch's 
compliance with the requirements of the FACA.
    At its July 15, 1998, business meeting, the Committee on 
Governmental Affairs considered S. 2228. With a quorum present, 
the legislation was favorably reported by voice vote with no 
Member of the Committee being recorded in opposition. Senator 
Stevens expressed reservations with the bill, and Senator 
Collins discussed the possibility of resolving one issue of 
concern to her. The Chairman offered to work with all members 
of the Committee to resolve their concerns prior to the full 
Senate acting on the bill.

                    IV. Section-By-Section Analysis

Section 1

    Section 1 provides that the short title of the legislation 
is the ``Advisory Committee Termination and Streamlining Act of 
1998.'' The Committee notes that the legislation is intended to 
cover all advisory committees subject to the FACA. The 
legislation does not apply to any advisory committees wholly 
exempt from FACA, such as the advisory committees of the 
Regional Fishery Management Councils. See 16 U.S.C. 
Sec. 1852(i). The legislation does, however, apply to advisory 
committees that are partly exempted from the FACA.

Section 2

    Section 2 amends section 14 of the FACA to provide that 
each advisory committee mandated or authorized by statute shall 
terminate within three years of the date of the enactment of 
the legislation. The legislation makes clear that any advisory 
committee mandated or authorized by statute which is due to 
terminate in less than three years after the date of enactment 
of this legislation shall not be extended by operation of this 
legislation but shall terminate as scheduled prior to the date 
of enactment of this legislation.
    This provision is the heart of the legislation. Congress 
has, over the years, established or authorized a large number 
of advisory committees. Many continue to serve important and 
useful functions. Others, however, have ceased to serve any 
useful function. Still, these committees continue to exist. 
Federal agencies must expend funds and federal employees must 
expend time to administer such committees, even when they no 
longer meet.
    In order to permit an orderly evaluation of the continuing 
need for each statutorily created or authorized advisory 
committee, the bill would allow all advisory committees to 
remain in existence for three years. It is the Committee's 
intent and expectation that during that period, the relevant 
authorizing committees of both Houses of Congress will work 
with federal agencies to review the advisory committees within 
their jurisdiction and determine which can be terminated and 
which ought to continue. Those that ought to continue can be 
reauthorized; those that ought not to continue will terminate. 
Such a review will enhance the congressional oversight required 
by section 5(a) of the FACA and improve the accountability of 
advisory committees and the agencies they serve to Congress.
    The bill carves out three exceptions to the three-year 
sunset provision. Advisory committees that provide peer review 
of federal grant or research applications or similar activities 
are not covered. The Committee takes as its model for this type 
of advisory committee exempted from the termination provision 
the advisory committees that are relied on by the National 
Institutes of Health to evaluate and rank grant and research 
proposals seeking federal funds. Also exempt from the 
termination provision are advisory committees that provide 
advice and recommendations relating to the academic 
certification of federal institutions. The model for this type 
of advisory committee is the Boards of Visitors of the military 
academies. Finally, in order to ensure that no advisory 
committee which serves a critical function may accidentally 
beterminated, the bill allows the President to continue in existence 
beyond the three-year termination date all advisory committees which 
address ``critical needs relating to health, safety, national security, 
or other concerns, as the President may certify.'' The Committee 
expects the President to exercise this authority to extend the life of 
statutorily established or authorized advisory committees sparingly and 
only in cases of ``critical need.'' The legislation does give the 
President complete discretion to determine when the need for the 
continuation of an advisory committee is ``critical.'' In addition, the 
language of the bill makes it clear that while the primary purpose for 
which the President may extend an advisory committee is to serve 
critical needs relating to health, safety, and national security, the 
President may also extend an advisory committee if it serves a critical 
need relating to some other concern, ``as the President may certify.'' 
Accordingly, the list spelled out in the new subsection 14(d)(2)(C) of 
the FACA is intended not to be exclusive.

Section 3

    Section 3 amends section 7(c) of the FACA to strike 
``administrative guidelines'' and substitute ``regulations.'' 
The purpose of the change, which was recommended by the 
Administration, is to clarify the GSA's authority in order to 
promote the consistent, uniform application of the FACA 
throughout the executive branch.
    Since the enactment of the FACA in 1972, the GSA has been 
responsible for overseeing executive branch compliance with the 
FACA's provisions. In order to ensure consistent application of 
the FACA throughout the executive branch, GSA was authorized to 
issue administrative guidelines. According to the GSA, because 
its guidelines do not have the force of binding regulations, 
some agencies do not adhere to them in part or at all.
    In order to ensure that the FACA is applied in like manner 
throughout each executive branch agency, the legislation would 
authorize the GSA to issue regulations, to which executive 
branch agencies would have to adhere. The Committee expects 
that this change will help the GSA to terminate unneeded 
``discretionary'' advisory committees and increase public 
access to committee deliberations.

Section 4

    Section 4 amends section 6(c) of the FACA, which requires 
the President to submit an annual report to Congress on the 
activities, status, and changes in the composition of advisory 
committees in existence during each fiscal year. Since 1972, 
this annual report has been due on December 31 of each year. 
The President has consistently failed to meet this deadline, 
due largely to the inability of the GSA to collect the 
necessary information from other executive branch agencies in a 
timely manner. The GSA has found that three months following 
the end of the fiscal year has been insufficient. This 
legislation changes the date on which the President's annual 
report must be submitted to Congress from December 31 to March 
15. This change will provide a more realistic date for the 
submission of the annual report. The GSA has assured the 
Committee that the Administration will be able to meet the new 
March 15 deadline for submission of the report.
    The Committee notes with approval and commends the GSA for 
the development of its new website, including an Internet-based 
reporting system with information on each executive branch 
agency's advisory committees, and encourages the GSA to 
continue the website and to update it throughout the year so 
that the information remains timely and up-to-date. The 
Committee also encourages the GSA to integrate its website with 
those of other agencies which address advisory committee 
activities.

Section 5

    Under the FACA, notice of advisory committees must be 
printed in the Federal Register, the official reporter of 
executive agency announcements, except when the President 
determines otherwise for reasons of national security. The 
problem is that the Federal Register is routinely read only in 
Washington, DC, and in very a few other places. Most Americans 
never see a copy of the Federal Register. As a result, most 
Americans do not get information about advisory committee 
activities and meetings. This is a situation that the Committee 
finds to be intolerable. Advisory committees are intended to 
promote public involvement in the activities of their Federal 
government.
    In order to facilitate improved public awareness of the 
activities of advisory committees, the legislation authorizes 
the GSA to prescribe regulations that will permit agencies to 
use other types of public notice of advisory committee meetings 
in addition to, or in lieu of, notice in the Federal Register 
if such notice would better ensure that all interested persons 
are notified of the meetings in advance. The Committee expects 
that the GSA will promulgate regulations that will promote 
electronic forms of notice of advisory committee meetings, 
using the Internet and websites and electronic mail, if and 
when it may be technologically feasible in individual cases. 
Although the provision does permit other forms of notice in 
lieu of Federal Register notice, the Committee expects that 
Federal Register notice will not be needed in only the most 
limited circumstances.

                     V. Regulatory Impact Statement

    Pursuant to paragraph 11(b), rule XXVI of the Standing 
Rules of the Senate, the Committee, after due consideration, 
concludes that S. 2228 will not have a significant regulatory 
impact upon individuals or businesses or any significant 
economic impact upon them.

             VI. Congressional Budget Office Cost Estimate

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 28, 1998.
Hon. Fred D. Thompson,
Chairman, Committee on Governmental Affairs,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2228, the Advisory 
Committee Termination and Streamlining Act of 1998.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is John R. 
Righter.
            Sincerely,
                                         June E. O'Neill, Director.
    Enclosure.

S. 2228--Advisory Committee Termination and Streamlining Act of 1998

    S. 2228 would terminate--within three years of its 
enactment--advisory committees established or authorized by 
statute. The bill would exempt those committees whose purposes 
are to conduct peer reviews of federal grant or research 
applications, provide advice and recommendations relating to 
the academic certification of federal institutions, or address 
critical needs relating to health, safety, national security, 
or other concerns certified by the President.
    According to the General Services Administration (GSA), 
which is responsible for overseeing and reporting on the 
Federal Advisory Committee Act, there were 963 advisory 
committees in fiscal year 1997, with reported costs totaling 
about $178 million for that year. S. 2228 would apply only to 
the 652 committees established or authorized by statute, but 
many of these would be exempted from the termination 
requirement. For instance, 235 of the committees are within the 
Department of Health and Human Services (HHS), and CBO expects 
that most or all of them would fall under the exemption 
provided for health concerns. Further, according to data 
reported by federal agencies to GSA, about 100 of the 652 
statutory committees are no longer active; thus, eliminating 
these committees would result in no savings. Depending on the 
extent to which the President would use the authority to exempt 
committees in addition to those specified in the legislation, 
it appears the bill would probably apply to between 250 and 300 
active committees.
    While the average cost for all advisory committees was 
$185,000 in 1997, CBO estimates that the average cost for the 
250 to 300 committees that would be affected by S. 2228 was 
about $75,000. (Committees likely to be exempted under the 
bill, such as the HHS committees, tend to have costs that are 
much higher than the average.) Assuming that costs would grow 
with inflation over the next several years, CBO estimates that 
enacting S. 2228 could save between $20 million and $25 million 
a year beginning in fiscal year 2002, if appropriations are 
reduced accordingly. Savings could be significantly lower if 
the President makes broad use of the authority granted under 
the legislation to exempt committees dealing with other areas 
of concern.
    Because the bill would not affect direct spending or 
receipts, pay-as-you-go procedures would not apply. In 
addition, S. 2228 contains no intergovernmental or private-
sector mandates as defined in the Unfunded Mandates Reform Act 
and would not affect the budgets of state, local, and tribal 
governments.
    The CBO contact for this estimate is John R. Righter. The 
estimate was approved by Robert A. Sunshine, Deputy Assistant 
Director for Budget Analysis.

                      VII. Changes in Existing Law

    Pursuant to paragraph 12, rule XXVI of the Standing Rules 
of the Senate, changes in existing law made by S. 2228 as 
reported are shown as follows (existing law proposed to be 
omitted is enclosed in brackets, new matter is printed in 
italic, and existing law in which no change is proposed is 
shown in roman):

                    Public Law 92-463, 5 U.S.C. App.

                     Federal Advisory Committee Act

               Sec. 2 Termination of Advisory Committees

    Sec. 14. Termination of advisory committees; renewal; 
continuation.
    (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.
    Sec. 14 * * *
    (d)(1) Notwithstanding any other provision of law 
(including section 4(a) of this Act and this section) and 
except as provided under paragraph (2), each advisory committee 
established, authorized, or reauthorized by statute shall 
terminate 3 years after the date of enactment of the Advisory 
Committee Termination and Streamlining Act of 1998.
    (2) This subsection shall not apply to any advisory 
committee the purpose of which is to--
          (A) provide for peer review of Federal grant or 
        research applications or similar activities;
          (B) provide advice and recommendations relating to 
        academic certification of Federal institutions; or
          (C) address critical needs relating to health, 
        safety, national security, or other concerns as the 
        President may certify.
    (3) Nothing in this subsection shall be construed to 
reauthorize the continuation of any advisory committee covered 
under paragraph (1) beyond termination date specified in the 
original authorization or any reauthorization for the 
committee.

           *       *       *       *       *       *       *


                           Sec. 3 Regulations

    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.
    (a) The Director shall establish and maintain within the 
Office of Management and Budget a Committee Management 
Secretariat, 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 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 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.
    (c) The Director 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 Director shall consider the 
recommendations of each agency head withrespect to means of 
improving the performance of advisory committees whose duties are 
related to such agency.
    (d)(1) The Director, after study and consultation with the 
Civil Service Commission, 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; and
          (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.
    (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 Director 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.
    Sec. 7. * * *
    (c) The Director shall prescribe regulations 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 Director 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.

           *       *       *       *       *       *       *


                         Sec. 4. Annual Report

    Sec. 6. Responsibilities of the President; report to 
Congress; annual report to Congress; exclusion.
    (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 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 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 which the President recommends be 
abolished together with his reasons therefor. The President 
shall exclude from this report any information which, in his 
judgement, should be withheld for reasons of national security, 
and he shall include in such a report a statement that such 
information is excluded.
    Sec. 6. (a) Not later than March 15 of each year, the 
President shall submit an annual report to Congress on the 
activities, status, and changes in the composition of advisory 
committees in existence during the preceding fiscal year. * * *

           *       *       *       *       *       *       *


                 Sec. 5. Advisory Committee Procedures

    Sec. 10. Advisory committee procedures; meetings; notice, 
publication in Federal Register; regulations; minutes; 
certification; annual report; Federal officer or employee, 
attendance.
    (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 reasonable 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 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 advisory committee meeting which the President, or 
the head of the agency to which the advisory, 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 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.
    Sec. 10. * * *
    (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. The 
Administrator shall prescribe regulations to provide for other 
types of public notice in addition to, or in lieu of, notices 
in the Federal Register to ensure that all interested persons 
are notified of such meeting prior thereto.

           *       *       *       *       *       *       *

                           A P P E N D I X  I

                              ----------                              


----------------------------------------------------------------------------------------------------------------
                                                  Total       Number of      Number of  Total costs   Number of 
                 Fiscal year                    number of   discretionary   mandatory       (in       committee 
                                                committees    committees    committees   millions)     members  
----------------------------------------------------------------------------------------------------------------
1988.........................................        1,020           696           324        $92.6       21,236
1989.........................................        1,042           636           406         98.4       22,960
1990.........................................        1,128           721           407        112.3       22,391
1991.........................................        1,212           783           429        132.6       27,580
1992.........................................        1,230           767           463        146.3       29,020
1993.........................................        1,305           833           472        143.9       28,317
1994.........................................        1,195           739           456        133.4       30,446
1995.........................................        1,110           643           467        157.0       34,823
1996.........................................        1,000           530           470        152.4       35,329
1997.........................................          963           491           472        178.0      36,586 
----------------------------------------------------------------------------------------------------------------
Notes:                                                                                                          
The number of discretionary committees includes both those authorized by statute or established by agencies.    
The number of mandatory committees includes both those required by statute or established by executive order.   
The total costs for fiscal years 1994 and 1995 do not include potential unreported costs incurred by the        
  Department of Health and Human Services. The figure for fiscal year 1996 has been adjusted to include         
  underreported costs incurred by the Department of Health and Human Services.                                  
The costs in the table have not been adjusted for inflation.                                                    
The number of committee members for fiscal years 1995 and 1996 have been adjusted to include committee members  
  underreported by the Department of Health and Human Services.                                                 
                                                                                                                
Source: GAO Report, page 18, derived from Annual Reports of the President on Federal Advisory Committees.       

                                
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