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Disclosure of Advisory Commi~;teleDeliberative Materials The Federal Advisory Committee Act requires adviscq c o r n i t t e e s to make available for public inspection written advisory committee documents, including predecisional materials such as drafts. &orking papers and stu~iies. The ~t~rclosure excmptmn availnble to agenclzr unc. r c . :mpt!on 5 of the Frredr~rnof Information Act for prcdec~r~onat d~pnmmru/Jr,!drr,617 F2d 7a-i.7RY-YO(DC O r . 1980) (Senamom' =pon!;er ro agency's questionnsun: intrs-agency words), fall within exemption M e r e b y Loosely conrrming the mm-%ning of "inua-agency."This line of cascs, however, does not alter our conclusion mat an adv~orycommimcsnnotinvokPcxempti~n5'sin~x-qincy exempLionlo protect matcdalsprepared by it and in its possession. These cases simply stand far the pmlrarition that an agency may protest certain d m u c n t a in in possession fmm discloss-c. Accordingly, under this i b c of cases. when an agelrcy makes use of Ildvisov materials, such materials may indeed properly become delibni~tiveclacumentsto the agency. Section lo@), however, imposes disclosure reqvlrenlcnu on the advisory commiuas iar:lf. "This is consistent with the holding inAviarion Consuaer Action Project v. Worlrburn.535 F.2d 101,107-08 (D.C. Ck. 1976) fhat agcnciesmay discloacpredecisioud documents to advisorycommitlees without waiving their ability ro p m t g t ~ h records c undundund enanptim 5 , at leiar wht:re such disclosure. further thc "free and candid exchange of ideas during U1; pmcess of &cision-makin!." It ir slso conoisten~with FOIA caselaw holding that the delivery o f i n f e d documents to Congress does not nrcermily vitinte u e m p t i t i 5 pmtcction.See, e.8.. h t e l i r r v. Unired Stores Depr, of .lwice, 3 GDS 82.257. 82.71.1 (D.I).C.1982) ("documcnrr Mlecting conrultstions bctween CIA and Congress me protected by enemplion 5 !iece .such consultations are an inregrsl part of the d s l i h stive pmcess and to discuss this pmcess in public Y ~ C WWOYI~I inhibit franlr d i s ~ s s i o n ~ 'Allen ? ; v. Deporrmenr of Defeme, 580 F.Supp, 74.83 (D.D.C. 1983) ("cxemptiol~5 mty, in an appmpdak case. be applied to qcncy-congte'essimal c0mm""i~tims")). - EI;! Accordingly, our construction still gives vitality tc~exemption 5 in the context of section 10(b) disclosure requii-ements. Under this ci>,nstrnction,documents transmitted to an advisory commil tee by an agency dcc not lose the protection of an agency s deliberative process exemption under FOIA. Conclusion For ale foregoing reasons, zxemption 5 properly applies under FACA when the agency has transmitted to an advisory commitl:ee a document that would be protected from disclosure if in the possession of the agency. Under the detailed enumeration of covered materials in section 10 of I'.ACA, however, the advisory commitlees must, as a general matter, disclose the materials "made available to" the com.nittee, "prepared by" the committee or "prepared for" the committee, so long as -he committee is utilized or established by the President, an agency, or statute or reorganization plan, and then only "until the advisory committee ceases to exist." 5 U.S.C. app. I, 5 10(b). Jo&w0. MCGNIS Deputy Assistznt Attorney General 0flc.e qFLegalCounsel