§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.

( Pub. L. 92–463, §14, Oct. 6, 1972, 86 Stat. 776 .)

References in Text

Effective date of this Act, referred to in subsec. (a)(1), as meaning effective upon expiration of ninety days following enactment of Pub. L. 92–463 on Oct. 6, 1972, see section 15 of Pub. L. 92–463.

Executive Order No. 11827

Ex. Ord. No. 11827, Jan. 4, 1975, 40 F.R. 1217, as amended by Ex. Ord. No. 11915, May 10, 1976, 41 F.R. 19195, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, formerly set out below.

Executive Order No. 11948

Ex. Ord. No. 11948, Dec. 20, 1976, 41 F.R. 55705, as amended by Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839; Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, formerly set out below.

Ex. Ord. No. 12007. Termination of Certain Presidential Advisory Committees

Ex. Ord. No. 12007, Aug. 22, 1977, 42 F.R. 42839, provided:

By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to terminate certain advisory committees in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as follows:

Section 1. (a) The Citizens' Advisory Council on the Status of Women is terminated.

(b) Executive Order No. 11126 of November 1, 1963, as amended by Executive Order No. 11221 of May 6, 1965 [42 U.S.C. 2000e note], is further amended as follows:

(1) Subsection (5) of Section 102 is revoked.

(2) Section 103, in order to delete a reference to the Council, is amended to read as follows:

"Annually the Committee shall transmit a report to the President concerning the status of women."

(3) Part II is revoked.

(4) The second sentence of Section 301, in order to delete references to the Council, is amended to read as follows:

"To the extent practical and to the extent permitted by law (1) all Executive agencies shall cooperate with the Committee and furnish it such information and assistance as may be necessary for the performance of its functions, and (2) the Secretary of Labor shall furnish staff, office space, office facilities and supplies, and other necessary assistance, facilities, and services for the Committee."

Sec. 2. (a) The Citizens' Advisory Committee on Environmental Quality is terminated.

(b) Part II of Executive Order No. 11472 of May 29, 1969, as amended by paragraphs (7) and (8) of Section 4 of Executive Order No. 11514 of March 5, 1970 [42 U.S.C. 4321 note], is revoked.

Sec. 3. (a) The Advisory Council for Minority Enterprise is terminated.

(b) Section 2 of Executive Order No. 11625 of October 13, 1971 [15 U.S.C. 631 note], is revoked.

Sec. 4. (a) The Consumer Advisory Council is terminated.

(b) Executive Order No. 11583 of February 24, 1971 [20 U.S.C. 2982 note], is amended as follows:

(1) The second sentence of subsection (b)(1) of Section 2 is amended by deleting "(including the Consumer Advisory Council established in section 5 of this order)".

(2) Section 5 is revoked.

Sec. 5. (a) The President's Advisory Board on International Investment is terminated.

(b) Executive Order No. 11962 of January 19, 1977 [22 U.S.C. 3107 note], is revoked.

Sec. 6. Subsections (a), (g), (i), and (j) of Section 1 of Executive Order No. 11948 of December 20, 1976 [formerly set out as a note under this section], which extended the above advisory committees until December 31, 1978, is superseded.

Jimmy Carter.      

Ex. Ord. No. 12029. Termination of a Presidential Advisory Committee

Ex. Ord. No. 12029, Dec. 14, 1977, 42 F.R. 63631, provided:

By virtue of the authority vested in me by the Constitution and statutes of the United States of America, and as President of the United States of America, in order to terminate an advisory committee in accordance with the provisions of the Federal Advisory Committee Act (5 U.S.C. App.), it is hereby ordered as follows:

Section 1. (a) The Quetico-Superior Committee is terminated.

(b) Executive Order No. 11342, as amended, is revoked.

Sec. 2. Subsection (e) of Section 1 of Executive Order No. 11948 of December 20, 1976 [formerly set out as a note under this section], which extended the above advisory committee until December 31, 1978, is superseded.

Jimmy Carter.      

Executive Order No. 12110

Ex. Ord. No. 12110, Dec. 28, 1978, 44 F.R. 1069, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12258, Dec. 31, 198, 46 F.R. 1251, as amended, formerly set out below.

Executive Order No. 12258

Ex. Ord. No. 12258, Dec. 31, 1980, 46 F.R. 1251, as amended by Ex. Ord. No. 12271, Jan. 15, 1981, 46 F.R. 4677; Ex. Ord. No. 12299, Mar. 17, 1981, 46 F.R. 17751; Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421; Ex. Ord. No. 12336, Dec. 21, 1981, 46 F.R. 62239, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, formerly set out below.

Ex. Ord. No. 12305. Termination of Certain Federal Advisory Committees

Ex. Ord. No. 12305, May 5, 1981, 46 F.R. 25421, provided:

By the authority vested in me as President by the Constitution of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended [5 U.S.C. App.], the following Executive Orders, establishing advisory committees, are hereby revoked and the committees terminated:

(a) Executive Order No. 12059 of May 11, 1978, as amended [28 U.S.C. 44 note], establishing the United States Circuit Judge Nominating Commission;

(b) Executive Order No. 11992 of May 24, 1977 [28 U.S.C. note prec. chapter 1], establishing the Committee on Selection of Federal Judicial Officers;

(c) Executive Order No. 12084 of September 27, 1978, as amended by Executive Order 12097 of November 8, 1978 [28 U.S.C. 133 note], establishing the Judicial Nominating Commission for the District of Puerto Rico; and

(d) Executive Order No. 12064 of June 5, 1978 [26 U.S.C. 7443 note], establishing the United States Tax Court Nominating Commission.

Subsections (g), (i), (j) and (k) of Section 1–101 of Executive Order No. 12258 [formerly set out as a note under this section], extending these committees, are also revoked.

Ronald Reagan.      

Ex. Ord. No. 12379. Termination of Boards, Committees, and Commissions

Ex. Ord. No. 12379, Aug. 17, 1982, 47 F.R. 36099, provided:

By the authority vested in me as President by the Constitution and statutes of the United States of America, and to terminate the establishing authorities for committees that are inactive or no longer necessary, it is hereby ordered as follows:

Section 1. Executive Order No. 12071, as amended [29 U.S.C. 1001 note], establishing the President's Commission on Pension Policy, is revoked.

Sec. 2. Executive Order No. 12042, creating a Board of Inquiry to Report on Labor Disputes Affecting the Bituminous Coal Industry in the United States, is revoked.

Sec. 3. Executive Order No. 12085, creating an Emergency Board to Investigate a Dispute Between the Norfolk and Western Railway Company and Certain of Its Employees, is revoked.

Sec. 4. Executive Order No. 12132, creating an Emergency Board to Investigate a Dispute Between the National Railway Labor Conference and Certain of Its Employees, is revoked.

Sec. 5. Executive Order No. 12095, creating an Emergency Board to Investigate a Dispute Between Wien Air Alaska, Inc., and Certain Individuals, is revoked.

Sec. 6. Executive Order No. 12159, creating an Emergency Board to Investigate Disputes Between the Chicago, Rock Island, Pacific Railroad and Peoria Terminal Company and Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employees; and the United Transportation Union, is revoked.

Sec. 7. Executive Order No. 12182, creating an Emergency Board to Investigate a Dispute Between the Long Island Rail Road and Certain of Its Employees, is revoked.

Sec. 8. Executive Order No. 12207, creating an Emergency Board to Investigate a Dispute Between the Port Authority Trans-Hudson Corporation and Certain of Its Employees, is revoked.

Sec. 9. Executive Order No. 12262 [29 U.S.C. 1001 note], establishing an Interagency Employee Benefit Council, is revoked.

Sec. 10. Executive Order No. 12275 [20 U.S.C. 951 note], establishing the Design Liaison Council, is revoked.

Sec. 11. Executive Order No. 11829, as amended [25 U.S.C. 640d note], establishing the Hopi-Navajo Land Settlement Interagency Committee, is revoked.

Sec. 12. Executive Order No. 11022, as amended [42 U.S.C. 3001 note], establishing the President's Council on Aging, is revoked.

Sec. 13. Executive Order No. 12192 [42 U.S.C. 2021 note], establishing the State Planing [Planning] Council on Radioactive Waste Management, is revoked.

Sec. 14. Executive Order No. 12075, as amended [42 U.S.C. 1450 note], establishing the Interagency Coordinating Council, is revoked.

Sec. 15. Executive Order No. 11782 [12 U.S.C. 2281 note], establishing the Federal Financing Bank Advisory Council, is revoked.

Sec. 16. Executive Order No. 12089, as amended [15 U.S.C. 2401 note], establishing the National Productivity Council, is revoked.

Sec. 17. Executive Order No. 11330, as amended [42 U.S.C. note prec. 2711], establishing the President's Council on Youth Opportunity, is revoked.

Sec. 18. Executive Order No. 11256, establishing the President's Committee on Food and Fiber and establishing the National Advisory Commission on Food and Fiber, is revoked.

Sec. 19. Executive Order No. 11654 [15 U.S.C. 278f note], continuing the Federal Fire Council, is revoked.

Sec. 20. Executive Order No. 12083, as amended [42 U.S.C. 7101 note], establishing the Energy Coordinating Committee, is revoked.

Sec. 21. Executive Order No. 12285, as amended and ratified [50 U.S.C. 1701 note], establishing the President's Commission on Hostage Compensation, is revoked.

Sec. 22. Executive Order No. 12202, as amended [42 U.S.C. 5848 note], establishing the Nuclear Safety Oversight Committee, is revoked.

Sec. 23. Executive Order No. 12194 [42 U.S.C. 1321 note], establishing the Radiation Policy Council, is revoked.

Sec. 24. The Veterans' Federal Coordinating Committee (Weekly Compilation of Presidential Documents, volume 14, number 41, page 1743) is terminated.

Sec. 25. The President's Council on Energy Efficiency (Weekly Compilation of Presidential Documents, volume 16, numbers 18 and 30, pages 790 and 1404) is terminated.

Ronald Reagan.      

Executive Order No. 12399

Ex. Ord. No. 12399, Dec. 31, 1982, 48 F.R. 379, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out below.

Executive Order No. 12489

Ex. Ord. No. 12489, Sept. 28, 1984, 49 F.R. 38927, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out below.

Executive Order No. 12534

Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, formerly set out below.

Executive Order No. 12610

Ex. Ord. No. 12610, Sept. 30, 1987, 52 F.R. 36901, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, formerly set out below.

Executive Order No. 12692

Ex. Ord. No. 12692, Sept. 29, 1989, 54 F.R. 40627, as amended by Ex. Ord. No. 12704, Feb. 26, 1990, 55 F.R. 6969, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12774, §4, Sept. 27, 1991, 56 F.R. 49835, formerly set out below.

Executive Order No. 12774

Ex. Ord. No. 12774, Sept. 27, 1991, 56 F.R. 49835, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12869, §5, Sept. 30, 1993, 58 F.R. 51751, formerly set out below.

Ex. Ord. No. 12838. Termination and Limitation of Federal Advisory Committees

Ex. Ord. No. 12838, Feb. 10, 1993, 58 F.R. 8207, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Advisory Committee Act ("FACA"), as amended (5 U.S.C. App.), it is hereby ordered as follows:

Section 1. Each executive department and agency shall terminate not less than one-third of the advisory committees subject to FACA (and not required by statute) that are sponsored by the department or agency by no later than the end of fiscal year 1993.

Sec. 2. Within 90 days, the head of each executive department and agency shall submit to the Director of the Office of Management and Budget, for each advisory committee subject to FACA sponsored by that department or agency: (a) a detailed justification for the continued existence, or a brief description in support of the termination, of any advisory committee not required by statute; and (b) a detailed recommendation for submission to the Congress to continue or to terminate any advisory committee required by statute. The Administrator of General Services shall prepare such justifications and recommendations for each advisory committee subject to FACA and not sponsored by a department or agency.

Sec. 3. Effective immediately, executive departments and agencies shall not create or sponsor a new advisory committee subject to FACA unless the committee is required by statute or the agency head (a) finds that compelling considerations necessitate creation of such a committee, and (b) receives the approval of the Director of the Office of Management and Budget. Such approval shall be granted only sparingly and only if compelled by considerations of national security, health or safety, or similar national interests. These requirements shall apply in addition to the notice and other approval requirements of FACA.

Sec. 4. The Director of the Office of Management and Budget shall issue detailed instructions regarding the implementation of this order, including exemptions necessary for the delivery of essential services and compliance with applicable law.

Sec. 5. All independent regulatory commissions and agencies are requested to comply with the provisions of this order.

William J. Clinton.      

Executive Order No. 12869

Ex. Ord. No. 12869, Sept. 30, 1993, 58 F.R. 51751, as amended by Ex. Ord. No. 12882, §4(c), Nov. 23, 1993, 58 F.R. 62493, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, formerly set out below.

Executive Order No. 12974

Ex. Ord. No. 12974, Sept. 29, 1995, 60 F.R. 51875, which provided for the continuance of certain Federal advisory committees, was superseded by Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, formerly set out below.

Executive Order No. 13062

Ex. Ord. No. 13062, Sept. 29, 1997, 62 F.R. 51755, as amended by Ex. Ord. No. 13138, §4, Sept. 30, 1999, 64 F.R. 53880, provided for the continuance of certain Federal advisory committees and amendment of Ex. Ord. No. 13038 (47 U.S.C. 336 note) and Ex. Ord. No. 13054 (22 U.S.C. 3310 note).

Ex. Ord. No. 13138. Continuance of Certain Federal Advisory Committees

Ex. Ord. No. 13138, Sept. 30, 1999, 64 F.R. 53879, provided:

By the authority vested in me as President by the Constitution and the laws of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows:

Section 1. Each advisory committee listed below is continued until September 30, 2001.

(a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior) [3 U.S.C. 110 note].

(b) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor) [5 U.S.C. 7902 note].

(c) National Partnership Council; Executive Order 12871, as amended (Office of Personnel Management) [5 U.S.C. 7101 note].

(d) President's Advisory Commission on Educational Excellence for Hispanic Americans; Executive Order 12900 (Department of Education) [20 U.S.C. 3411 note].

(e) President's Board of Advisors on Historically Black Colleges and Universities; Executive Order 12876 (Department of Education) [20 U.S.C. 1060 note].

(f) President's Board of Advisors on Tribal Colleges and Universities; Executive Order 13021, as amended (Department of Education) [25 U.S.C. 1801 note].

(g) President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management).

(h) President's Committee of Advisors on Science and Technology; Executive Order 12882 (Office of Science and Technology Policy) [42 U.S.C. 6601 note].

(i) President's Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts).

(j) President's Committee on the International Labor Organization; Executive Order 12216, as amended (Department of Labor) [22 U.S.C. 271 note].

(k) President's Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation) [42 U.S.C. 1881 note].

(l) President's Committee on Mental Retardation, Executive Order 12994 (Department of Health and Human Services) [42 U.S.C. note prec. 6000].

(m) President's Council on Physical Fitness and Sports; Executive Order 12345, as amended (Department of Health and Human Services) [42 U.S.C. 300u–5 note].

(n) President's National Security Telecommunications Advisory Committee, Executive Order 12382, as amended (Department of Defense).

(o) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative) [19 U.S.C. 2155 note].

(p) President's Export Council; Executive Order 12131, as amended (Department of Commerce) [50 App. U.S.C. 2401 note].

Sec. 2. Notwithstanding the provisions of any other Executive order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order, except that of reporting annually to the Congress, shall be performed by the head of the department or agency designated after each committee, in accordance with the guidelines and procedures established by the Administrator of General Services.

Sec. 3. The following Executive orders, or sections thereof, which established committees that have terminated and whose work is completed, are revoked:

(a) Executive Order 13017, as amended by Executive Orders 13040 and 13056, establishing the Advisory Commission on Consumer Protection and Quality in the Health Care Industry;

(b) Executive Order 13038, establishing the Advisory Committee on Public Interest Obligation of Digital Television Broadcasters, as amended by section 5 of Executive Order 13062, and Executive Orders 13065, 13081, and 13102;

(c) Section 5 and that part of section 6(f) of Executive Order 13010, as amended by section 3 of Executive Order 13025, Executive Order 13041, sections 1, 2, and that part of section 3 of Executive Order 13064, and Executive Order 13077, establishing the Advisory Committee to the President's Commission on Critical Infrastructure Protection [42 U.S.C. 5195 note];

(d) Executive Order 13037, as amended by Executive Orders 13066 and 13108, establishing the Commission to Study Capital Budgeting;

(e) Executive Order 13050, establishing the President's Advisory Board on Race;

(f) Executive Order 12852, as amended by Executive Orders 12855, 12965, 12980, 13053, and 13114, establishing the President's Council on Sustainable Development; and

(g) Executive Order 12961, as amended by Executive Order 13034 [38 U.S.C. 1117 note], establishing the Presidential Advisory Committee on Gulf War Veterans' Illnesses.

Sec. 4. Sections 1 through 4 of Executive Order 13062 are superseded.

Sec. 5. Executive Order 12131, as amended [50 App. U.S.C. 2401 note], is further amended by adding in section 1-102(a) a new paragraph as follows: "(9) Department of Energy."

Sec. 6. Executive Order 13115 is amended by adding the Department of the Treasury and the Office of National Drug Control Policy to the Interagency Task Force on the Roles and Mission of the United States Coast Guard, so that the list in section 1(b) of that order shall read as follows:

"(1) Department of State;

(2) Department of the Treasury;

(3) Department of Defense;

(4) Department of Justice;

(5) Department of Commerce;

(6) Department of Labor;

(7) Department of Transportation;

(8) Environmental Protection Agency;

(9) Office of Management and Budget;

(10) National Security Council;

(11) Office of National Drug Control Policy;

(12) Council on Environmental Quality;

(13) Office of Cabinet Affairs;

(14) National Economic Council;

(15) Domestic Policy Council; and

(16) United States Coast Guard."

Sec. 7. Executive Order 12367, as amended, is further amended as follows:

(a) in section 1, the text "the director of the International Communication Agency," is deleted;

(b) in section 2, delete the first sentence and insert in lieu thereof "The Committee shall advise, provide recommendations to, and assist the President, the National Endowment of the Arts, the National Endowment for the Humanities, and the Institute of Museum and Library Services on matters relating to the arts and the humanities. The Committee shall initiate and assist in the development of (i) ways to promote public understanding and appreciation of the arts and the humanities; (ii) ways to promote private sector support for the arts and humanities; (iii) ways to evaluate the effectiveness of Federal support for the arts and humanities and their relationship with the private sector; (iv) the planning and coordination of appropriate participation (including productions and projects) in major national cultural events, including the Millennium; (v) activities that incorporate the arts and the humanities in government objectives; and (vi) ways to promote the recognition of excellence in the fields of the arts and the humanities."; and

(c) in section 3(b), add the following sentence after the first sentence: "Private funds accepted under the National Endowment for the Arts' or the National Endowment for the Humanities' gift authority may also be used to pay expenses of the Committee."

Sec. 8. Executive Order 12345, as amended [42 U.S.C. 300u–5 note], is further amended by deleting the first sentence of section 2(b) and inserting in lieu thereof the following three sentences. "The council shall be composed of twenty members appointed by the President. Each member shall serve a term of 2 years and may continue to serve after the expiration of their term until a successor is appointed. A member appointed to fill an unexpired term will be appointed for the remainder of such term."

Sec. 9. This order shall be effective September 30, 1999.

William J. Clinton.      

Section Referred to in Other Sections

This section is referred to in section 8473 of this title; title 7 sections 5843, 5853; title 12 section 4703; title 15 section 4603; title 16 sections 1a–14, 410nn–3, 410oo–5, 410qq–2, 410ww–21, 430g–8, 460ww–5, 460kkk, 460lll–22, 463, 698u–5, 1274, 5404; title 20 section 5508; title 21 sections 360c, 360j; title 29 sections 765, 1142, 2911; title 33 section 2251; title 38 section 545; title 42 sections 218, 254j, 299c, 299c–1, 300d–1, 300j–5, 300v–3, 2471a, 11221, 12623, 12653l, 13458, 14131; title 44 section 2701; title 49 sections 30306, 44508.