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Title 5 — Government Organization and EmployeesRelease 119-73

§1014 Requirements relating to National Academy of Sciences and National Academy of Public Administration

Title 5 › Part PART I— - THE AGENCIES GENERALLY › Chapter CHAPTER 10— - FEDERAL ADVISORY COMMITTEES › § 1014

Last updated Apr 6, 2026|Official source

Summary

Agencies must not rely on advice from the National Academy of Sciences (NAS) or the National Academy of Public Administration (NAPA) that came from a committee set up under a deal with that agency, unless three things are true. The committee must not be run or controlled by the agency or a federal officer. If the committee was created after December 17, 1997, the academy must have appointed members with public notice and an opportunity for public comment. Also, the academy must have followed rules about public meetings, sharing materials, giving meeting summaries, publishing the final report (or a redacted version if needed), and naming outside reviewers. For NAS, all those meeting, report, and reviewer rules apply. For NAPA, the rules about meetings and the final report apply. The General Services Administration may write rules to carry out these requirements.

Full Legal Text

Title 5, §1014

Government Organization and Employees — Source: USLM XML via OLRC

(a)An agency may not use any advice or recommendation provided by the National Academy of Sciences or National Academy of Public Administration that was developed by use of a committee created by that academy under an agreement with an agency, unless—
(1)the committee was not subject to any actual management or control by an agency or an officer of the Federal Government;
(2)in the case of a committee created after December 17, 1997, the membership of the committee was appointed in accordance with the requirements described in subsection (b)(1); and
(3)in developing the advice or recommendation, the academy complied with—
(A)subsection (b)(2) through (6), in the case of any advice or recommendation provided by the National Academy of Sciences; or
(B)subsection (b)(2) and (5), in the case of any advice or recommendation provided by the National Academy of Public Administration.
(b)The requirements referred to in subsection (a) are as follows:
(1)The Academy shall determine and provide public notice of the names and brief biographies of individuals that the Academy appoints or intends to appoint to serve on the committee. The Academy shall determine and provide a reasonable opportunity for the public to comment on appointments before they are made or, if the Academy determines prior comment is not practicable, in the period immediately following the appointments. The Academy shall require that any individual the Academy appoints (or intends to appoint) to serve on the committee inform the Academy of the individual’s conflicts of interest that are relevant to the functions to be performed. The Academy shall make its best efforts to ensure that—
(A)no individual appointed to serve on the committee has a conflict of interest that is relevant to the functions to be performed, unless such conflict is promptly and publicly disclosed and the Academy determines that the conflict is unavoidable;
(B)the committee membership is fairly balanced as determined by the Academy to be appropriate for the functions to be performed; and
(C)the final report of the Academy will be the result of the Academy’s independent judgment.
(2)The Academy shall determine and provide public notice of committee meetings that will be open to the public.
(3)The Academy shall ensure that meetings of the committee to gather data from individuals who are not officials, agents, or employees of the Academy are open to the public, unless the Academy determines that a meeting would disclose matters described in section 552(b) of this title. The Academy shall make available to the public, at reasonable charge if appropriate, written materials presented to the committee by individuals who are not officials, agents, or employees of the Academy, unless the Academy determines that making material available would disclose matters described in section 552(b) of this title.
(4)The Academy shall make available to the public as soon as practicable, at reasonable charge if appropriate, a brief summary of any committee meeting that is not a data-gathering meeting, unless the Academy determines that the summary would disclose matters described in section 552(b) of this title. The summary shall identify the committee members present, the topics discussed, materials made available to the committee, and other matters the Academy determines should be included.
(5)The Academy shall make available to the public its final report, at reasonable charge if appropriate, unless the Academy determines that the report would disclose matters described in section 552(b) of this title. If the Academy determines that the report would disclose matters described in section 552(b) of this title, the Academy shall make public an abbreviated version of the report that does not disclose those matters.
(6)After publication of the final report, the Academy shall make publicly available the names of the principal reviewers who reviewed the report in draft form and who are not officials, agents, or employees of the Academy.
(c)The Administrator of General Services may issue regulations implementing this section.

Legislative History

Notes & Related Subsidiaries

Historical and Revision Notes

Revised SectionSource (U.S. Code)Source (Statutes at Large) 10145 U.S.C. App. (FACA § 15)Pub. L. 92–463, § 15, as added Pub. L. 105–153, § 2(b), Dec. 17, 1997, 111 Stat. 2689. In subsection (a)(2), the date “December 17, 1997” is substituted for “the date of the enactment of the Federal Advisory Committee Act

Amendments

of 1997” for clarity.

Reference

Citations & Metadata

Citation

5 U.S.C. § 1014

Title 5 — Government Organization and Employees

Last Updated

Apr 6, 2026

Release point: 119-73