5 U.S.C. § 1006 — Responsibilities of the Administrator
submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 609 words · no verdicts yet
The Administrator manages advisory-committee oversight through a Secretariat, yearly reviews, guidelines, fair-pay rules, and budget recommendations. Reviews may lead to recommendations to continue, change, merge, or abolish committees.
(a) The Administrator* must establish and maintain within the General Services Administration a Committee Management Secretariat responsible for all advisory-committee matters. (b) (1) Each year the Administrator must comprehensively review each advisory committee’s activities and responsibilities to decide whether it is carrying out its purpose, whether its responsibilities should be revised consistently with law, whether it should merge with another committee, or whether it should be abolished. (2) The Administrator may request information needed for the review, and agency heads must cooperate. (3) After each review, the Administrator must recommend to the President and the agency head or Congress what action should be taken. (c) The Administrator must issue administrative guidelines and management controls for advisory committees and, as far as feasible, provide advice and assistance to improve them. The Administrator must consider agency-head recommendations about committees related to the agency. (d) (1) After studying and consulting the Office of Personnel Management Director, the Administrator must set guidelines for uniform fair pay for comparable advisory-committee member, staff, and consultant services, recognizing responsibility, qualifications, and other relevant factors. The guidelines must say: (A) a member or staff member may not exceed the maximum rate under section 5376; (B) members away from home or regular business may receive travel expenses, including per diem instead of subsistence, as section 5703 allows intermittent Government employees; and (C) qualifying blind, deaf, or disabled members may receive section 3102 services while doing committee duties if they do not otherwise qualify because they are agency employees. (2) This does not stop a person from receiving the compensation the person would otherwise receive as a full-time United States employee if the person is such an employee apart from committee service or was one immediately before committee service. (e) The Administrator must include in budget recommendations a summary of amounts considered necessary for advisory-committee expenses, including report-publication expenses when appropriate.
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.
Each year, the Administrator shall conduct a comprehensive review of the activities and responsibilities of each advisory committee* to determine—
whether the committee is carrying out its purpose;
whether, consistent with the provisions of applicable statutes, the responsibilities assigned to the committee should be revised;
whether the committee should be merged with other advisory committees; or
whether the committee should be abolished.
The Administrator may from time to time request such information as the Administrator deems necessary to carry out functions under this subsection. Agency heads shall cooperate with the Administrator in making the reviews required by this subsection.
Upon completion of the review, the Administrator shall make recommendations to the President and to either the agency head or Congress with respect to action the Administrator believes should be taken.
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 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 the agency.
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 that gives appropriate recognition to the responsibilities and qualifications required and other relevant factors. The guidelines shall provide that—
a member of an advisory committee or of the staff of an advisory committee shall not receive compensation at a rate in excess of the maximum rate payable under section 5376 of this title;
members of advisory committees, 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 this title for persons employed intermittently in the Government service; and
members of advisory committees may be provided services pursuant to section 3102 of this title while in performance of their advisory committee duties if the members—
are blind or deaf or otherwise qualify as individuals with disabilities (within the meaning of section 501 of the Rehabilitation Act of 1973 (29 U.S.C. 791)); and
do not otherwise qualify for assistance under section 3102 of this title by reason of being an employee of an agency (within the meaning of section 3102(a)(1) of this title).
Nothing in this subsection shall prevent an individual from receiving compensation at the rate at which the individual would otherwise be compensated (or was compensated) as a full-time employee of the United States if the individual—
is a full-time employee of the United States without regard to service with an advisory committee; or
was a full-time employee of the United States immediately before service with an advisory committee.
The Administrator shall include in budget recommendations a summary of the amounts the Administrator considers necessary for the expenses of advisory committees, including the expenses for publication of reports where appropriate.
Source credit: (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4199.)
- 2022Enacted · Pub. L. 117-286 · 136 Stat. 4199
A history note hasn’t been published yet. The record shows enactment by Pub. L. 117-286 on 2022-12-27.
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