5 U.S.C. § 1009 — Advisory committee procedures
submitted 4 years ago by Pub. L. 117-286 to r/title-5-GOVERNMENT-ORGANIZATION-AND-EMPLOYEES · 499 words · no verdicts yet
This section generally requires advisory committee meetings to be open and publicly noticed, and makes committee records available for inspection and copying. It requires detailed, certified minutes and sets conditions for closed sessions, Federal oversight, and scheduling meetings.
(a) Committee Meetings. (1) Open to public. Every advisory committee* meeting must be open to the public. (2) Notice of meetings. Unless the President decides otherwise for national-security reasons, timely notice of every meeting must be published in the Federal Register. The Administrator* must issue regulations requiring other kinds of public notice so all interested people are notified in advance. (3) Participation. Interested people must be allowed to attend, appear before, or submit statements to an advisory committee, subject to reasonable rules or regulations issued by the Administrator.
(b) Public Inspection and Copying of Records. Subject to section 552 of this title, the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agendas, and other documents made available to or prepared for or by an advisory committee must be available for public inspection and copying at one location in the committee’s offices or the offices of the agency to which it reports. This requirement lasts until the committee ceases to exist.
(c) Minutes. Detailed minutes must be kept for every meeting. They must list the people present, fully and accurately describe matters discussed and conclusions reached, and include copies of all reports the committee received, issued, or approved. The committee chair must certify that the minutes are accurate.
(d) Closed Sessions. Paragraphs (1) and (3) of subsection (a) do not apply to a portion of a meeting that the President or the head of the agency to which the committee reports determines may be closed to the public under section 552b(c) of this title. The determination must be written and must state its reasons. If such a determination is made, the committee must issue at least yearly a report summarizing its activities and related matters that would inform the public, consistent with the policy of section 552(b) of this title.
(e) Designated Officer or Employee of Federal Government. A Federal Government officer or employee must be designated to chair or attend every meeting. That person may adjourn a meeting whenever the person decides doing so is in the public interest. The committee may not hold a meeting without that designated officer or employee.
(f) Call for Meeting or Advance Approval. An advisory committee may hold a meeting only when the designated Federal officer or employee calls it or approves it in advance. For a committee other than a Presidential advisory committee, that officer or employee must also approve the agenda.
Each advisory committee* meeting shall be open to the public.
Except when the President determines otherwise for reasons of national security, timely notice of each meeting shall be published in the Federal Register, and the Administrator* shall prescribe regulations to provide for other types of public notice to insure that all interested persons are notified of each meeting in advance.
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 Administrator may prescribe.
Subject to section 552 of this title, 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.
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 by the chairman of the advisory committee.
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 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 this title.
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 the officer or employee determines it to be in the public interest, 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.
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.
Source credit: (Pub. L. 117–286, § 3(a), Dec. 27, 2022, 136 Stat. 4202.)
- 2022Enacted · Pub. L. 117-286 · 136 Stat. 4202
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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