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Estimated cost of report on experts and consultants employed
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From the Federal Register, Jan. 19, 1976: FDA Notices_
Excerpts from the statement of Mary Lawton, at the Forum on
Secrecy in Government, May 10, 1974, Washington, D.C._.-

Excerpts from minutes of an October 1973 meeting of the Sea

Grant Advisory Panel__

Memorandum for chief legal officers of Federal agencies from

Fred J. Emery, General Services Administration, Nov. 13,

1972

Letter from Judith S. Feigin, attorney, Appellate Section Civil
Division, to Rueben B. Robertson III, Mar. 4, 1976, with
enclosures_

Energy related advisory committees in selected agencies----
ADDITIONAL MATERIAL SUBMITTED FOR THE RECORD

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139

Text of S. 3013: To amend the Federal Advisory Committee Act..
Charts:

Text of S. 2947: To amend the Federal Advisory Committee Act and
for other purposes -

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Food and Drug Administration compliance with the Federal Advisory Com-
mittee Act: Subcommittee staff memorandum of March 11, 1976, to
Chairman Metcalf and Representative John Moss, Chairman of the
House Subcommittee on Oversight and Investigations, analyzing the
January 9 reply of Food and Drug Commissioner Alexander Schmidt to
their questions on advisory committees – –
Subcommittee staff study of the representation of the top 100 defense
contractors on Department of Defense advisory committees in 1974.
Energy Advisory Committees: Summary of activities, June through
December 1975. Interim report of the. Čongressional Research Service,
February 19, 1976...

Commission for the Advancement of Public Interest Organizations:
Memorandums to Chairman Metcalf on (1) storage and availability of
advisory committee charters, annual reports and other records at the
Library of Congress, and (2) whether Federal agencies require advisory
committee members to file conflict of interest statements...
National Institutes of Health: Analysis of appointments of professional
members to NIH advisory councils, 1965-75. (These tables were sub-
mitted to the staff of the President's Biomedical Research Panel in
November 1975)__

U.S. Office of Education Advisory Councils: Summary of a doctoral dis-
sertation by Gerald J. Kluempke to be presented to the George Wash-
ington University in March 1976..

Veto by neglect: The Federal Advisory Committee Act. Barbara W. Tuerkheimer, the American University Law Review, volume 25: No. 1, fall 1975..

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Newspaper and magazine articles about Federal advisory committees:
Cheap" Brainpower in Washington-Boon or Boondoggle? U.S.
News and World Report, March 1, 1976

Biomedical Panel: Urging a Move to Bring Cancer Back into the NIH
Fold. Science, April 16, 1976..

Sailing Through Cups of Oolong. Washington Star, February 4, 1976-
The Secret Men Pulling Power Levers. Knight News Service, in the
San Francisco Sunday Examiner and Chronicle, July 6, 1975.--.
Politics and People. Column by Alan L. Otten in the Wall Street Jour-
nal, November 7, 1975.

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310

342

352

361

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526

558

560

563

566

568

Use of False Identity To Obtain Passports, Credit Cards Grows. Wall
Street Journal, January 8, 1976.

570

Paperwork Jungle: U.S. has 1,242 Federal boards. Column by Kevin
P. Phillips in the Evening Bulletin, Philadelphia, Pa., January 1,

1976..

572

Some Delaware Advice Is Costly. Delaware State News, November 23,
1975...

573

Advisory committees: the invisible branch of Government. Industry
Week, February 23, 1976.

577

Should U.S. Know-How Be Exported Only to U.S. Military Allies?
Washington Star, March 25, 1976-

584

Dangers of Tailgating *** Braking standards lowered despite more
rear-end crashes. National Observer, March 27, 1976..
Ban Sought on Closed Advisory Sessions. Congressional Quarterly,
March 20, 1976___.

586

587

NIH to Open Budget Sessions to Public. Science, April 9, 1976-
Ford Urged to Revise Cancer Committee. Associated Press, in the
Denver Post, March 11, 1976..........

589

590

591

"Privilege" Is Worry For NCI. Washington Star, October 29, 1975-
Panels Abound: Taxpayers Shell Out $50 Million Yearly, Support
Sometimes Useless Advisory Units. Atlanta Journal and Constitu-
tion, November 16, 1975.

592

Why Advise?-To Get Ears of High Officials. Washington Star,
November 23, 1975__

594

"Bottom Line" Data on Payments Balance Held Meaningless by U.S.
Advisory Body. Wall Street Journal, December 10, 1975.
U.S. Dropping "Balance of Payments" from its vocabulary. Wash-
ington Post, May 17, 1976...

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599

Agency comments on S. 2947, the Federal Advisory Committee Act
Amendments of 1976:

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Energy Research and Development Administration_
Federal Communications Commission..

General Accounting Office..

Government Printing Office..

Interstate Commerce Commission_

Library of Congress.---.

National Aeronautics and Space Administration.

National Endowment for the Arts.

National Endowment for the Humanities

Office of Technology Assessment..

U.S. Civil Service Commission..

U.S. Consumer Product Safety Commission..

U.S. Postal Service

Decided court cases involving the Federal Advisory Committee Act:
Aviation Consumer Action Project v. C. Langhorne Washburn—
Appellees' petition for rehearing and suggestion for rehearing en
banc...

Decision of the U.S. Court of Appeals for the District of Columbia
Circuit__

Brief for plaintiffs-appellees...

Consumers Union of the United States v. Department of Health, Education,

and Welfare

Memorandum and order of the U.S. District Court for the District of
Columbia..-.

Memorandum of points and authorities in support of plaintiff's cross-
motion for summary judgment, and in opposition to defendants'
and intervenor-defendant's motions to dismiss or, in the alternative,
for summary judgment...

Ralph Nader v. William J. Baroody, Jr.

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713

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755

Appeal from the U.S. District Court for the District of Columbia..........
Memorandum and order of the U.S. District Court for the District of
Columbia...

782

832

Louis Lombardo v. Philip B. Handler—

Memorandum opinion and order of the U.S. District Court for the
District of Columbia..

838

Center for Auto Safety v. Norbert T. Tiemann__

859

TO AMEND THE FEDERAL ADVISORY COMMITTEE

ACT-P.L. 92-463

MONDAY, MARCH 8, 1976

U.S. SENATE,

SUBCOMMITTEE ON REPORTS, ACCOUNTING AND

MANAGEMENT OF THE COMMITTEE ON GOVERNMENT OPERATIONS, Washington, D. C.

The subcommittee met at 10:08 a.m., pursuant to call, in room 3302, Dirksen Senate Office Building, Hon. Lee Metcalf (chairman of the subcommittee) presiding.

Present: Senators Metcalf, Percy, and Brock.

Also present: E. Winslow Turner, chief counsel; Gerald Sturges, professional staff member; Jeanne A. McNaughton, chief clerk; John B. Childers, minority counsel, Committee on Government Operations; and Lyle Ryter, minority counsel.

Senator METCALF. The subcommittee will be in order.

I am going to apologize for a rather long preliminary statement, but it does set the pattern for the next 3 days of hearings, for today's and the next 2 days of hearings.

OPENING STATEMENT OF SENATOR METCALF

Today the Subcommittee on Reports, Accounting, and Management begins 3 days of hearings on two bills to amend the Federal Advisory Committee Act. They are S. 2947, introduced by Senator Hatfield and me, and S. 3013, introduced by my distinguished colleague on my right, Senator Percy.

The Federal Advisory Committee Act (Public Law 92–463) went into effect on January 5, 1973. It set standards and prescribed uniform procedures to govern the establishment, operation, administration, and duration of the committees, boards, commissions, councils, task forces, and other citizen panels which advise the President or agencies or officers of the Federal Government.

It also stipulated that each advisory committee meeting be open to the public unless it is concerned with matters which the Freedom of Information Act exempts from mandatory public disclosure.

I think the Federal Advisory Committee Act has gotten off to a better start in its first 3 years than the Freedom of Information Act did, for two reasons:

1. The Advisory Committee Act directed that the Office of Management and Budget establish and maintain a committee management secretariat to be responsible for all matters relating to advisory committees, whereas the Freedom of Information Act was expected to be more or less self-executing.

2. The Advisory Committee Act required the President to make an annual report to the Congress on the activities, status, and changes in the composition of advisory committees, whereas the Freedom of Information Act made no provision for an annual report.

Over the past 3 years, the administration of advisory committees has improved substantially under the guidance of OMB, and Congress has been kept informed of advisory committee activities through the President's annual reports.

For all the improvement, there are problems and questions, some of them summarized by the graphic displays in use here today.

For example, from the end of December 1972, when the first inventory of advisory committees was taken, to May 1, 1975, a span of 28 months, the number of advisory committees fell from 1,439 to 1,250, a net decrease of 189.

Since 525 advisory committees were newly created or belatedly discovered during this period, the act in the first 28 months actually caused termination or merger of more than 700 advisory committees. However, the advisory committee tide began to turn late last spring, and the number of advisory committees rose from 1,250 on the 1st of May to 1,341 on the 1st of October.

How and why this happened is a matter of congressional concern, although I understand that the Director of OMB, James Lynn, will testify this morning that the number of advisory committees dropped back to below 1,300 by the end of 1975.

Another chart here gives the breakdown of advisory committees, by type, for the years 1972 through 1974. The breakdown shows a percentage increase in the number of advisory committees directed by statute. It also shows that most committees, by far, are established at the discretion of Federal agencies. That is, the committees are authorized-but not directed-by statute, or are established by agencies purely on their own initiative.

However, let me make a parenthetical statement here. When I appeared before the Rules Committee and was talking with the Rules Committee to get the appropriation for our subcommittee, Senator Percy, we were talking about advisory committees, and I suggested that over in the Legislative Counsel's Office there is boilerplate language, and any time any of us send over some suggestions for legislation, they always grind in an advisory commit

tee.

Some day some of us are going to have to stand up and say, "Gentlemen, What is the special need for the advisory committee in this agency?"

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