5 USC App 7(b) (IG Act): Protects employees who file complaints or provide information to the Inspector General
About This Project
This project uses data compiled by the Sunshine in Government initiative, a coalition of journalism and transparency groups. SGI compiled data from federal agency annual FOIA reports to track how often b(3) exemptions were used. SGI also standardized the exemptions since some agencies used slightly different citations of the same laws. In some cases, agencies listed general laws without specifying a section under which information was withheld. This project does not include information from agencies that use no b(3) exemptions in 2008 or 2009. ProPublica compiled information about FOIA denials.
| Department | Claims |
|---|---|
| Dept. of Defense | 4.0 |
| Dept. of State | 3.0 |
TITLE 5--APPENDIX
FEDERAL ADVISORY COMMITTEE ACT
Sec. 7. Responsibilities of the Administrator of General
Services; Committee Management Secretariat, establishment;
review; recommendations to President and Congress; agency
cooperation; performance guidelines; uniform pay guidelines;
travel expenses; expense recommendations
(a) The Administrator shall establish and maintain within the
General Services Administration a Committee Management Secretariat,
which shall be responsible for all matters relating to advisory
committees.
(b) The Administrator shall, immediately after October 6, 1972,
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 Administrator 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 Administrator'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 Administrator shall carry out a similar review annually. Agency
heads shall cooperate with the Administrator
[[Page 4]]
in making the reviews required by this subsection.
(c) The Administrator shall prescribe administrative guidelines and
management controls applicable to advisory committees, and, to the
maximum extent feasible, provide advice, assistance, and guidance to
advisory committees to improve their performance. In carrying out his
functions under this subsection, the Administrator 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 Administrator, after study and consultation with the
Director of the Office of Personnel Management, 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 responsibilities 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;
(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; and
(C) such members--
(i) who are blind or deaf or who otherwise qualify as
handicapped individuals (within the meaning of section 501 of
the Rehabilitation Act of 1973 (29 U.S.C. 794)), and
(ii) who do not otherwise qualify for assistance under
section 3102 of title 5, United States Code, by reason of being
an employee of an agency (within the meaning of section
3102(a)(1) of such title 5),
may be provided services pursuant to section 3102 of such title 5
while in performance of their advisory committee duties.
(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
(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 Administrator 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.
(Pub. L. 92-463, Sec. 7, Oct. 6, 1972, 86 Stat. 772; 1977 Reorg. Plan
No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634; 1978
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36067, 92 Stat.
3783; Pub. L. 96-523, Sec. 2, Dec. 12, 1980, 94 Stat. 3040.)
References in Text
Section 501 of the Rehabilitation Act of 1973, referred to in
subsec. (d)(1)(C)(i), is classified to section 791 of Title 29, Labor,
rather than to section 794 of Title 29 as shown in text.
Amendments
1980--Subsec. (d)(1)(C). Pub. L. 96-523 added subpar. (C).
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-523 effective sixty days after Dec. 12,
1980, see section 3 of Pub. L. 96-523, set out as a note under section
3102 of this title.
Transfer of Functions
``Director of the Office of Personnel Management'' substituted for
``Civil Service Commission'' in subsec. (d) pursuant to Reorg. Plan No.
2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section
1101 of this title, which transferred functions vested by statute in
United States Civil Service Commission to Director of Office of
Personnel Management (except as otherwise specified), effective Jan. 1,
1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
44 F.R. 1055, set out under section 1101 of this title.
``Administrator'', ``Administrator's'', ``Administrator of General
Services'', and ``General Services Administration'' substituted for
``Director'', ``Director's'', ``Director, Office of Management and
Budget'', and ``Office of Management and Budget'' in text pursuant to
Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set
out in this Appendix, which transferred functions of Office of
Management and Budget and Director thereof relating to Committee
Management Secretariat to Administrator of General Services, effective
Nov. 20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1,
1977, 42 F.R. 61445, set out under section 2 of this Act in this
Appendix.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of this title, see
section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a
note under section 5376 of this title.
(b) The Administrator shall, immediately after October 6, 1972,
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 Administrator 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 Administrator'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 Administrator shall carry out a similar review annually. Agency
heads shall cooperate with the Administrator
[[Page 4]]
in making the reviews required by this subsection.
(c) The Administrator shall prescribe administrative guidelines and
management controls applicable to advisory committees, and, to the
maximum extent feasible, provide advice, assistance, and guidance to
advisory committees to improve their performance. In carrying out his
functions under this subsection, the Administrator 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 Administrator, after study and consultation with the
Director of the Office of Personnel Management, 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 responsibilities 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;
(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; and
(C) such members--
(i) who are blind or deaf or who otherwise qualify as
handicapped individuals (within the meaning of section 501 of
the Rehabilitation Act of 1973 (29 U.S.C. 794)), and
(ii) who do not otherwise qualify for assistance under
section 3102 of title 5, United States Code, by reason of being
an employee of an agency (within the meaning of section
3102(a)(1) of such title 5),
may be provided services pursuant to section 3102 of such title 5
while in performance of their advisory committee duties.
(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
(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 Administrator 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.
(Pub. L. 92-463, Sec. 7, Oct. 6, 1972, 86 Stat. 772; 1977 Reorg. Plan
No. 1, Sec. 5F, eff. Nov. 20, 1977, 42 F.R. 56101, 91 Stat. 1634; 1978
Reorg. Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36067, 92 Stat.
3783; Pub. L. 96-523, Sec. 2, Dec. 12, 1980, 94 Stat. 3040.)
References in Text
Section 501 of the Rehabilitation Act of 1973, referred to in
subsec. (d)(1)(C)(i), is classified to section 791 of Title 29, Labor,
rather than to section 794 of Title 29 as shown in text.
Amendments
1980--Subsec. (d)(1)(C). Pub. L. 96-523 added subpar. (C).
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-523 effective sixty days after Dec. 12,
1980, see section 3 of Pub. L. 96-523, set out as a note under section
3102 of this title.
Transfer of Functions
``Director of the Office of Personnel Management'' substituted for
``Civil Service Commission'' in subsec. (d) pursuant to Reorg. Plan No.
2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out under section
1101 of this title, which transferred functions vested by statute in
United States Civil Service Commission to Director of Office of
Personnel Management (except as otherwise specified), effective Jan. 1,
1979, as provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978,
44 F.R. 1055, set out under section 1101 of this title.
``Administrator'', ``Administrator's'', ``Administrator of General
Services'', and ``General Services Administration'' substituted for
``Director'', ``Director's'', ``Director, Office of Management and
Budget'', and ``Office of Management and Budget'' in text pursuant to
Reorg. Plan No. 1 of 1977, Sec. 5F, 42 F.R. 56101, 91 Stat. 1634, set
out in this Appendix, which transferred functions of Office of
Management and Budget and Director thereof relating to Committee
Management Secretariat to Administrator of General Services, effective
Nov. 20, 1977, as provided by section 1 of Ex. Ord. No. 12024, Dec. 1,
1977, 42 F.R. 61445, set out under section 2 of this Act in this
Appendix.
References in Other Laws to GS-16, 17, or 18 Pay Rates
References in laws to the rates of pay for GS-16, 17, or 18, or to
maximum rates of pay under the General Schedule, to be considered
references to rates payable under specified sections of this title, see
section 529 [title I, Sec. 101(c)(1)] of Pub. L. 101-509, set out in a
note under section 5376 of this title.