A bill to amend the Federal Advisory Committee Act.
Federal Advisory Committee Act Amendments of 1992 - Amends the Federal Advisory Committee Act (FACA) to redefine the term "advisory committee" to add a new exclusion from FACA for any committee composed wholly of full-time officers or employees of State or local governments acting in their official capacities who are required by statute to meet with Federal officials regarding programs shared by Federal, State, and local governments, or administered by State and local governments.
Prohibits an advisory committee from being established by the President or an agency unless its establishment is: (1) specifically authorized by statute or by the President; or (2) specifically and formally determined by an agency head to be in the public interest in connection with the performance of that agency's duties.
Prohibits an advisory committee from meeting or taking any action with respect to its purpose unless a committee charter has been filed for it in accordance with this Act.
States that: (1) the functions of an advisory committee shall be advisory only, unless otherwise specifically provided by statute or Presidential directive; and (2) its recommendations are not binding on Federal officials.
Subjects subcommittees and subgroups (as defined by this Act) to requirements added by this Act with respect to advisory committee procedures and availability of transcripts. Prohibits such entities from providing advice or recommendations directly to a Federal official.
Revises procedures and requirements for establishing advisory committees by the Congress, with changes requiring legislation establishing or authorizing establishment of an advisory committee to: (1) indicate whether any members of the committee shall serve in a representational capacity, and if so, what parties or interests they are to represent; and (2) contain a plan to assure fair balance of committee membership.
Provides for the establishment of advisory committees by the President or an agency pursuant to a statute, presidential directive, or an agency directive that is a matter of formal record after consultation with the Administrator of the General Services Administration (GSA). Requires that in establishing an advisory committee, consideration be given to whether its functions are being or could be performed by an agency or an existing advisory committee. Sets forth provisions concerning the utilization of advisory committees by the President or an agency.
Revises provisions for chartering of advisory committees. Requires a charter for each advisory committee to be filed with: (1) the GSA Administrator; (2) the head of the agency which establishes or provides support services for such committee; and (3) the congressional committees having jurisdiction over such committee.
Provides for congressional oversight of advisory committees in terms of whether: (1) they should be terminated or merged with other committees; (2) their responsibilities should be revised; and (3) they are complying with FACA and other applicable requirements.
Specifies additional responsibilities and requirements primarily with respect to advisory committees established by the President.
Imposes additional requirements on agency heads with respect to advisory committees for which they are responsible.
Revises provisions specifying the GSA Administrator's responsibilities to authorize the Administrator to interpret FACA in prescribing administrative guidelines and management controls for advisory committees. Provides that agency heads shall have final authority in case of a material disagreement with GSA, but that a notice and description of the disagreement may be placed in the annual summary report.
Revises provisions with respect to advisory committee procedures to provide that: (1) an advisory committee may not report advice or recommendations to the President or other Federal officials without first holding a meeting at which a majority of committee members approve the advice or recommendations; (2) committee records be made available for public inspection and copying at a single location specified in the committee's charter for at least one year after the committee ceases to exist; (3) committee records are subject to disposition requirements under the National Archives and Records Administration Act of 1984; (4) committee records that are to be discussed at a public meeting be made available to the public at least 48 hours before the meeting; (5) committee records shall not be exempt from disclosure solely because they are related to deliberations of the advisory committee; and (6) the accuracy of the minutes of each committee meeting shall be certified within 60 days after the meeting.
Provides that one copy of each advisory committee charter and at least four copies of each advisory committee report must be filed with the Library of Congress.
Provides that if a statutory advisory committee has a specified duration of more than two years, the President or an agency head may abolish the committee after five years upon: (1) giving 180 days' advance notice to the appropriate congressional committees; and (2) finding that the termination of the committee is in the public interest. Allows the Congress to reestablish the committee within the 180-day period if it determines that the committee is necessary. Prohibits the President or an agency head from abolishing an advisory committee that: (1) has been in existence for less than five years before the enactment of this Act; and (2) does not have a total period of existence of at least five years.
Provides for the removal of committees established or utilized by the President or an agency.
Introduced in Senate
Read twice and referred to the Committee on Governmental Affairs.
Committee on Governmental Affairs. Ordered to be reported with an amendment in the nature of a substitute favorably.
Committee on Governmental Affairs. Reported to Senate by Senator Glenn with an amendment in the nature of a substitute. With written report No. 102-281. Additional and minority views filed.
Committee on Governmental Affairs. Reported to Senate by Senator Glenn with an amendment in the nature of a substitute. With written report No. 102-281. Additional and minority views filed.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 463.
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