Title 5Government Organization and EmployeesRelease 119-73not60

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

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

Last updated Apr 3, 2026|Official source

Summary

Federal agencies may not use advice from the National Academy of Sciences or the National Academy of Public Administration that came from a committee set up for that agency unless three things are true. First, the committee was not actually run or controlled by the agency or a federal officer. Second, if the committee was created after December 17, 1997, its members had to be appointed following the Academy’s appointment rules. Third, the Academy followed certain public-process rules: for the National Academy of Sciences it must follow five rules about meetings, records, reports, and reviewers; for the National Academy of Public Administration it must follow two of those rules about meetings and the final report. Those public-process rules require the Academy to announce who will serve and give brief bios and a chance for public comment, require members to report conflicts of interest and try to avoid them, make meeting schedules public and keep most meetings open (and share outside presenters’ materials unless disclosure is barred by section 552(b)), provide short public summaries of non-data meetings, publish the final report (or a redacted version if needed), and list the principal outside reviewers. The Administrator of General Services can write rules to put these requirements into practice.

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 5Government Organization and Employees

Last Updated

Apr 3, 2026

Release point: 119-73not60