EXECUTIVE BRANCH ADVISORY COMMITTEES
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CIA-RDP73B00296R000400150001-1
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Publication Date:
September 18, 1972
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REPORT
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EXECUTIVE BRANCH ADVISORY COMMITTEES
SEPTEMBER 18, 1972.-Ordered to be printed
Mr. HoLIFIELD, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany H.R. 43831
'rho committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the bill (H.R. 4383) to
authorize the establishment of a system governing the creation and
operation of advisory committees in the executive branch of the
Federal Government, and for other purposes, having met, after full
and free conference, have agreed to recommend and do recommend
to their respective Houses as follows:
That the House recede from its disagreement to the amendment
of the Senate to the text of the bill and agree to the same with an
amendment as follows:
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
That this Act may be cited as the "Federal Advisory Committee Act".
SEC. 2. (a) The Congress finds that there are numerous committees,
boards, commissions, councils, and similar groups which have been
established to advise officers and agencies in the executive branch of the
Federal Government and that they are frequently a useful and beneficial
means of ,furnishing expert advice, ideas, and diverse opinions to the
Federal Government.
(b) The Congress further finds and declares that-
(1) the need for many existing advisory committees has not been
adequately reviewed;
(2) new advisory committees should be established only when they
are determined to be essential and their number should be kept to
the minimum necessary;
(3) advisory committees should be terminated when they are
no longer carrying out the purposes for which they were established;
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(!) standards and uniform procedures should govern the establish-
ment, operation, administration, and duration of advisory committees;
(5) the Congress and the public should be kept informed with
respect to the number, purpose, membership, activities, and cost of
advisory committees; and
(6) the , function of advisory committees should be advisory only,
and that all matters under their consideration should be determined,
in accordance with law, by the official, agency, or officer involved.
SEC. S. For the purpose of this Act-
(1) The term "Director" means the Director of the Office of Man-
agement and Budget.
(2) The term "advisory committee" means any committee, board,
commission, council, conference, panel, task force, or other similar
group, or any subcommittee or other subgroup thereof (hereafter in
this paragraph referred to as "committee"), which is-
(A) established by statute or reorganization plan, or
(B) established or utilized by the President, or
(C) established or utilized by one or more agencies,
in the interest of obtaining advice or recommendations for the Presi-
dent or one or more agencies or officers of the Federal Government,
except that such term excludes (i) the Advisory Commission on
Intergovernmental Relations, (ii) the Commission on Government
Procurement, and (iii) any committee which is composed wholly of
full-time officers or employees of the Federal Government.
(3) The term "agency" has the same meaning as in section 551(1)
of title 5, United States Code.
(/) The term "Presidential advisory committee" means an advisory
committee which advises the President.
SEC. 4. (a) The provisions of this Act or of any rule, order, or regulation
promulgated under this Act shall apply to each advisory committee except
to the extent that any Act of Congress establishing any such advisory
committee speeiftcally provides otherwise.
(b) Nothing in this Act shall be construed to apply to any advisory com-
mittee established or utilized by-
(1) the Central Intelligence Agency; or
(2) the Federal Reserve System.
(c) Nothing in this Act shall be construed to apply to any local civic
group whose primary function is that of rendering a public service with
respect to a Federal program, or any State or local committee, council,
board, commission, or similar group established to advise or make recom-
mendations to State or local officials or agencies.
RESPONSIBILITIES OF CONGRESSIONAL COMMITTEES
SEC. 5. (a) In the exercise of its legislative review function, each stand-
ing committee of the Senate and the House of Representatives shall make
a continuing review of the activities of each advisory committee under its
jurisdiction to determine whether such advisory committee should be abol-
ished or merged with any other advisory committee, whether the responsi-
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bilities of such advisory committee, should be revised, and whether such
advisory committee performs a necessary function not already being per-
formed. Each such standing committee shall take appropriate action to
obtain the enactment of legislation necessary to carry out the purpose of
this subsection.
(b) In considering legislation establishing, or authorizing the establish-
ment of any advisory committee, each. standing committee of the Senate
and of the House of Representatives shall determine, and report such de-
termination to the Senate or to the house of Representatives, as the case
may be, whether the functions of the proposed advisory committee are be-
ing or could be performed by one or more agencies or by an advisory com-
mittee already in existence, or by enlarging the mandate of an existing
advisory committee. Any such legislation shall-
(1) contain a clearly defined purpose for the advisory committee;
(2) require the membership of the advisory committee to be fairly
balanced in terms of the points of view represented and the functions
to be performed by the advisory committee;
(3) contain appropriate provisions to assure that the advice and
recommendations of the advisory committee will not be inappropriately
influenced by the appointing authority or by any special interest, but
will instead be the result of the advisory committee's independent
judgment;
(4) contain provisions dealing with authorization of appropria-
tions, the date for submission of reports (if any), the duration of
the advisory committee, and the publication of reports and other
materials, to the extent that the standing committee determines the
provisions of section 10 of this Act to be inadequate; and
(5) contain provisions which will assure that the advisory com-
mittee will have adequate staff (either supplied by an agency orem-
ployed by it), will be provided adequate quarters, and will have funds
available to meet its other necessary expenses.
(c) To the extent they are applicable, the guidelines set out in sub-
section (b) of this section shall be followed by the President,. agency heads,
or other Federal officials in creating an advisory committee...
RESPONSIBILITIES OF THE PRESIDENT
SEC. 6. (a) The President may delegate responsibility for evaluating
and taking action, where appropriate, with respect to all public recom-
mendations made to him by Presidential advisory committees... .
(b) W ithin one year after a ('residential 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 (late or the (late it.is to make
a report, its functions, a reference to the reports it has submitted, a state-
ment 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
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annual cost to the United States to ,fund, service, supply, and maintain
such committee. Such report shall include a list of those advisory committees
abolished by the President, and in the case of advisory committees estab-
lished by statute, 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 judgment,
should be withheld for reasons of national security, and he shall include in
such report a statement that such information is excluded.
SEC. 7. (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 manage-
ment controls applicable to advisory committees, and, to the maximum ex-
tent feasible, provide advise, assistance, and guidance to advisory com-
mittees 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.
(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 responsi-
bilities 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
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(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. 8. (a) Each agency head shall establish uniform administrative
guidelines and management controls for advisory committees established
by that agency, which shall be consistent with directives of the Director
under section 7 and section 10. Each agency shall maintain systematic
information on the nature, functions, and operations of each advisory
committee within its jurisdiction.
(b) The head of each agency which has an advisory committee shall
designate an Advisory Committee Management Officer who shall-
(1) exercise control and supervision over the establishment, pro-
cedures, and accomplishments of advisory committees established by
that agency;
(2) assemble and maintain the reports, records, and other papers
of any such committee during its existence; and
(3) carry out, on behalf of that agency, the provisions of section
552 of title 5, Onited States Code, with respect to such reports,
records, and other papers.
ESTABLISIIMF,NT AND PURPOSE OF ADVISORY COMMITTEES
SEC. 9. (a) No advisory committee shall be established unless such
establishment is-
(1) specifically authorized by statute or by the President; or
(2) determined as a matter of formal record, by the head of the
agency involved after consultation with the Director, with timely
notice published in the Federal Register, to be in the public interest
in connection with the performance of duties imposed on that agency
by law.
(b) Unless otherwise specifically provided by statute or Presidential
directive, advisory committees shall be utilized solely .for advisory func-
tions. Determinations of action to be taken and policy to be expressed with
respect to matters upon which an advisory committee reports or makes
recommendations shall be made solely by the President or an officer of the
Federal Government.
(c) No advisory committee shall meet or take any action until an advisory
committee charter has been filed with (1) the Director, in the case of Presi-
dential advisory committees, or (2) with the head of the agency to whom
any advisory committee reports and with the standing committees of the
Senate and of the House of Representatives having legislative jurisdiction
of such agency. Such charter shall contain the following information:
(11) the committee's official designation;
(B) the committee's objectives and the scope of its activity;
(C) the period of time necessary for the committee to carry out its
purposes;
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(D) the agency or official to whom the committee reports;
(E) the agency responsible for providing the necessary support for
the committee;
(F) a description of the duties for which the committee is respon-
sible, and, i f such duties are not solely advisory, a specification of
the authority for such functions;
(G) 'the estimated annual operating costs in dollars and man-years
for such committee;
(H) the estimated number and frequency of committee meetings;
(I) the committee's termination date, if less than two years.from
the date of the committee's establishment; and
(J) the date the charter is filed.
A copy of any such charter shall also be furnished to the Library of
Congress.
Sic. 1.0. (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 com-
mittee. 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 committee reports, 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 com-
mittee 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 deter-
mines it to be in the public interest, to adjourn any such meeting. No
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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
SEC. 11. (a) Except where prohibited by contractual agreements entered
into prior to the effective date of this Act, agencies and advisory committees
shall make available to any person, at actual cost of duplication, copies
of transcripts of agency proceedings or advisory committee meetings.
(b) As used in this section "agency proceeding" means any proceeding
as defined in section 551(12) of title 5, United States Code.
SE, c. 12. (a) Each agency shall keep records as will fully disclose the
disposition of any funds which may be at the disposal of its advisory
committees and the nature and extent of their activities. The General
Services Administration, or such other agency as the President may
designate, shall maintain financial records with respect to Presidential
advisory committees. The Comptroller General of the United States, or
any of his authorized representatives, shall have access, for the purpose of
audit and examination, to any such records.
(b) Each agency shall be responsible for providing support services
,for each advisory committee established by or reporting to it unless the
establishing authority provides otherwise. Where any such advisory com-
mittee reports to more than one agency, only one agency shall be respon-
sible for support services at any one time. In the case of Presidential
advisory committees, such services may be provided by the General Services
Administration.
SEC. 13. Subject to section 552 of title 5, United States Code, the
Director shall provide for the filing with the Library of Congress of at
least eight copies of each report made by every advisory committee and,
where appropriate, background papers prepared by consultants. The
Librarian of Congress shall establish a depository for such reports and
papers where they shall be available to public inspection and use.
SEC. 14. (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 Presi-
(lent 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
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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 com-
mittee 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 wit& 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.
EFFECTIVE DATE
SEC. 15. Except as provided in section 7(b), this Act shall become
effective ,upon the expiration of ninety days following the date of enactment.
And the Senate agree to the same.
CHET HOLIFIELD,
JOHN S. MONAGAN,
DANTE B. FASCELL,
SAM STEIGER,
GARRY BROWN,
Managers on the Part of the House.
EDMUND S. MUSKIE,
HUBERT H. HUMPHREY,
LAWTON CHILES,
LEE METCALF,
CHARLES PERCY,
W. V. ROTH, Jr.,
BILL BROCK,
Managers on the Part of the Senate.
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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE
OF CONFERENCE
The managers on the part of the House and the Senate at the
conference on the disagreeing votes of the two Houses on the amend-
ment of the Senate to the bill (II.R. 4383) to authorize the establish-
ment of a system governing the creation and operation of advisory
committees in the executive branch of the Federal Government, and
for other purposes, submit the following joint statement to the House
and the Senate in explanation of the effect of the action agreed upon
by the managers and recommended in the accompanying conference
report:
The Senate amendment changed the short title of the House bill
to the "Federal Advisory Committee Act". The conference substitute
conforms to the Senate amendment.
2. FINDINGS AND PURPOSES
The Senate amendment contained a more lengthy statement of
of findings and purposes than did the House bill, but did not differ
substantially from the House bill. The conference substitute adopts
a compromise between the two provisions.
The Senate amendment contained definitions of "agency advisory
committee", "Presidential advisory committee", and "advisory com-
mittee", while the House bill contained definitions of "advisory
committee" and "Presidential advisory committee".
The conference substitute adopts the House definition of "Presi-
dential advisory committee" without any change and adopts the House
definition of "advisory committee" with modification.
The conference substitute definition of "advisory committee"
includes committees which are established or utilized by the President
or by one or more agencies or officers of the Federal Government.
The conference substitute excludes from the definition of "ad-
visory committee" the Advisory Commission on Intergovern-
mental Relations, the Commission on Government Procurement, and
any committee which is composed wholly of full-time officers or
employees of the Federal Government.
The conference substitute deletes the Senate amendment definitions
of "officer" and "employee".
4. APPLICABILITY OF THE PROVISIONS OF THE ACT
The Senate amendment contained a provision setting forth the
applicability of provisions of the Act, while the House bill contained
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no comparable provision. The conference substitute adopts the
language of the Senate amendment with modifications. The con-
ference substitute specifically exempts from the applicability of the
provisions of the Act any advisory committee established or utilized
by the Central Intelligence Agency or by the Federal Reserve System.
The Act does not apply to persons or organizations which have
contractual relationships with Federal agencies nor to advisory com-
mittees not directly established by or for such agencies.
5. RESPONSIBILITIES OF CONGRESSIONAL COMMITTEES
The Senate amendment and the House bill contained minor differ-
ences regarding the legislative review functions of the standing com-
mittees of Congress. The conference substitute adopts the language
of the Senate amendment.
The Senate amendment and the House bill differed regarding the
duties of the standing committees of Congress when considering
legislation establishing advisory committees. The conference substi-
tute adopts the House bill with minor modifications.
The House bill provides that when the President, any agency head,
or any other Federal official establishes an advisory committee, he
shall follow the guidelines which are set forth in the House bill for
standing committees of the Congress when they are considering
legislation establishing advisory committees. The Senate amendment
contained no comparable provision. The conference substitute adopts
the House bill.
6. RESPONSIBILITIES OF THE PRESIDENT
The Senate amendment and the House bill differed with respect to
the responsibilities of the President. The conference substitute adopts
a compromise provision which provides that the President may dele-
gate responsibility for evaluating and taking action with respect to
the public recommendations of Presidential advisory committees. The
conference substitute further provides that the President or his delegate
shall submit a report to Congress stating his proposals for action or
his reasons for inaction with respect to such public recommendations.
The House bill required the President to make an annual report to
Congress regarding advisory committees. The Senate amendment
required the Director of the Office of Management and Budget to make
a similar annual report. The conference substitute adopts the House
bill with modifications. The modifications include the adoption of a
provision similar to a provision contained in the Senate amendment
excluding from such annual report information which should be
withheld for reasons of national security.
7. RESPONSIBILITIES OF THE DIRECTOR OF THE OFFICE OF MANAGEMENT
AND BUDGET
The Senate amendment contained several differences from the
House bill with respect to the responsibilities of the Director of the
Office of Management and Budget.
As noted above, the Senate amendment required the Director to
make an annual report to Congress on advisory committees. The
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conference substitute provides that the President shall make such
annual reports, as did the House bill.
With respect to the other duties of the Director, the conference
substitute adopts the language of the Senate amendment with slight
modification.
The conference substitute requires the Director to include in budget
recommendations a summary of amounts necessary for the expenses
of advisory committees.
The Senate amendment differed from the House bill in that it
provided that each agency head should designate an Advisory Com-
mittee Management Officer with specified duties, and the House bill
contained no comparable provision. The conference substitute adopts
the Senate amendment with slight modifications.
The Senate amendment set forth a procedure to be followed when
advisory committees are established and provided that advisory
committees be utilized solely for advisory functions. The House bill
had no comparable provision. The conference substitute adopts the
Senate amendment with modifications.
With regard to the availability of the records and other papers of
advisory committees and public access to their meetings, the Senate
amendment differed from the House bill. The conference substitute
provides for publication in the Federal Register of timely notice of
advisory committee meetings, except where the President determines
otherwise for reasons of national security. The conference substitute
further provides for public access to advisory committee meetings
subject to restrictions which may be imposed by the President or the
head of any agency to which an advisory committee reports. Such
restrictions may be imposed after it is determined that an advisory
committee meeting is concerned with matters listed in section 552(b)
of title 5, United States Code. The conference substitute also provides
that subject to section 552 of title 5, United States Code, the records
and other papers of advisory committees shall be available for public
inspection and copying.
The conference substitute requires that each advisory committee
keep detailed minutes of its meetings.
The conference substitute requires that a designated officer or
employee of the Government attend each advisory committee meeting.
No such meeting may be conducted in his absence or without his
approval. Except in the case of Presidential advisory committees the
agenda of such meeting must be approved by him.
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The Senate amendment provided that agencies and advisory corn-
mittecs should make any transcripts of their proceedings or meetings
available to the public at actual cost of duplication. The House bill
contained no comparable provision. The conference substitute adopts
the Senate amendment with modification.
The Senate amendment contained a provision relating to procedures
followed by the Office of Management and Budget in carrying out its
duties under the Federal Reports Act. The House bill contained no
such provision.
The conference substitute contains no provision on this subject.
13. FISCAL AND ADMINISTRATIVE PROVISIONS
The Senate amendment and the House bill differ slightly regarding
the requirement that records be kept concerning the disposition of
funds and the nature and extent of activities of advisory committees.
The conference substitute provides that each agency shall keep finan-
cial and other records regarding the advisory committees under its
jurisdiction and that either the General Services Administration or
such agency as the President may designate shall maintain financial
records of Presidential advisory committees.
The conference substitute adopts the provision of the Senate amend-
ment concerning support services for advisory committees.
The Senate amendment and the House bill differed with respect to
the responsibilities of the Library of Congress as a depository of the
reports and other materials of advisory committees. The conference
substitute adopts the House bill with modifications.
The Senate amendment differed from the House bill in that it pro-
vided for the termination of advisory committees created by Act of
Congress before the effective date of the bill and further differed in
that it provided for the termination of all advisory committees not
later than December 31, 1973. The House bill provided for the ter-
mination of all advisory committees, other than those created by Act
of Congress before the date of enactment of the bill, within two years
after the effective date of the bill.
The conference substitute adopts the Senate amendment with modi-
fications. An important modification to the Senate amendment is the
substitution of a termination date which occurs two years after the
effective date of the bill.
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The Senate amendment and the House bill differed slightly with re-
spect to effective date. The conference substitute adopts the Senate
amendment with modifications.
CHET HOLIFIELD,
JOHN S. MONAGAN,
DANTE B. FASCELL,
ASCELL,
SAM STEIGER,
GARRY BROWN,
Managers on the Part of the House.
EDMUND S. MUSKIE,
HUBERT H. HUMPHREY,
LAWTON CHILES,
LEE METCALF,
CHARLES PERCY,
W. V. ROTH, Jr.,
BILL BROCK,
Managers on the Part of the Senate.
Approved For Release 2001/12/12 : CIA-RDP73B00296R000400150001-1