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I, _ ROBERT B LAMOM

, a Notary Public, hereby certify that on the 24th day of March, 1982, personally appeared before me Albert A. Eustis, Harmon G. Lewis and John J. Meehan, who being first guly svorn, declared that they signed the foregoing document as incorporarors, and that the statements therein contained are true.

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1. Purpose. This Circular provides guidance for implementation of the Federal Advisory Committee Act, Public Law No. 92-463, 5 0.S.C. App. I, (hereinafter referred to as the . "Act") anc. Executive Order No. 11769, entitled "Advisory Committee Management."

2. Rescission. This Circular rescinds and supersedes the December 26, 1972 revision of Circular No, .A-63 and the OMB/Department of Justice Memorandum on implementation of the Federal Advisory Committee Act (see 38 Ped. Reg. 2306 (1973)).

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3. Policy. In the application of this circular, these principles should be followed. a. Advisory Comaittee meetings should be open

the public. Exceptions should be held to the miniaura, carefully grounded in

law and explained in detail. The emphasis should be on the free flow of information to the public.

b. - Advisory Committees should be limited to those that

essential, Any advisory Committees which fulfilling their purposes should be terminated.

The recommendations of advisory Committees should be considered by those who sought advice, while responsible Toderal officers retain authority for decisions.

d. Standards and uniform procedures for the creation, operation,

and duration of advisory Committees should be established. Definitions. Por purposos of this circular

"Act' means the Federal Advisory Committee Act.

(NO. 2-63)

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b. "Advisory Committee" has the meaning Section 3 of the Act.

5. Responsibilities.

a. The Office of Management and Budget (OMB). In general, the Functions ot the Director under the Act and under Executive Order 11769 shall be carried out by the Committee Management Secretariat of OMB.

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(1) The head of each agency which uses an advisory committee shall insure compliance with the Act and this Circular and shall issue regulations which apply to all advisory Committees established or used by the agency.

(2) The head of each agency which uses an advisory committee shall designate an Advisory Committee Management Officer who shall carry out the functions specified in Section 8(b) of the Act and this circular. The name of each Advisory Committee Management Officer shall be provided to the OMB Secretariat.

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(3) Each agency shall maintain information the nature, functions, and operations of each of its advisory committees. This shall include complete set of the charters of the agency's advisory Committees, and copies of the annual reports on its advisory Committees in single location.

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6. Creation of advisory Committees. a. When an agency proposes

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establish advisory committee not specifically authorized by statute or by the President, the agency head must consult with the OMB Secretariat. Such "consultation" may be in the form of a letter from the agency head describing the nature and purpose of the proposed advisory committee, including an explanation of why the functions of the proposed committee could not be performed by the agency or by an existing committee. The letter, in addition, should describe the agency's plan to attain balanced membership on the proposed committee. If the OMB Secretariat is satisfied that establishment of the advisory committee would be in accord with the Act, the agency head shall certify in writing that creation of the advisory Committee is in the public interest. This

(NO. A-63)

certification and a description of the nature and purpose of the committee shall be published in the Federal Register at least 15 days prior to the filing of the committee's charter. The OMB Secretariat may, for good cause, authorize a shorter period of time between publication of the notice and the filing of the charter.

If not satisfied that establishment of the advisory Committee would be in accordance with the Act, the OMB Secretariat shall inform the agency head in writing within 15 days of receipt of the agency letter.

b. Unless specifically provided otherwise by statute or Presidential directive, advisory Committees shall be utilized solely for advisory functions.

c. (1) Each advisory Committee shall file a charter complying with Section 9 (c) of the Act. This requirement applies to committees "utilized" as advisory Committees, though not established for that purpose.

(2) A copy of each charter shall be furnished to the Library of Congress at the time of filing. Copies should be sent to: .

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7. Termination and renewal of advisory committees.

a. Each nonstatutory advisory Committee (i.e., not established by statute or reorganization plan) which is in existence on January 5, 1973, shall terminate no later than January 5, 1975, unless it is renewed by the President or the agency head prior to January 5, 1975.

Before such a committee can be renewed by an agency, the agency head must determine that renewal is necessary and shall inform the OMB Secretariat of his determination and the reasons for it not more than 60 days before the committee expires. If the Secretariat concurs, the agency head shall publish notice of the renewal in the Federal Register and shall file a new charter.

(No. A-63)

Any advisory Committee which is renewed shall continue for not more than two years unless, prior to the expiration of that period, it is renewed. Each such advisory committee established by the President or Federal officer after January 5, 1973, shall terminate not later than two years after its establishment unless prior to that time it is renewed.

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b. Each advisory Committee established by statute reorganization plan which is in existence on January 5, 1973, shall terminate by January 5, 1975, unless its duration is otherwise provided for by law.

(1) Each such advisory Committee which is established after January 5, 1973, shall terminate not later than two years

after its establishment unless its duration is otherwise provided for by law.

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(2)

Any such statutory advisory Committee shall file

new charter upon the expiration of each successive two-year period following the date of enactment of the statute establishing the committee.

No advisory committee required by Section 14 (b) of the Act to file a new charter shall take any action, other than preparation and filing of such charter, between the date the new charter. is required, and the date it is filed. 8. Operation of advisory Committees. a. Calling of meetings.

(1) No advisory Committee shall hold any meeting except 'at the call of or with the advance approval of the Federal official designated in accordance with Sec. 10(e) of the Act and this circular. (See 8f below.)

(2)

Except with respect to Presidential advisory committees, each meeting of an advisory committee shall be conducted in accordance with an agenda approved by the Federal official. The agenda shall list the matters to be considered at the meeting. It shall also indicate when

any part of the meeting will concern matters within the exemptions of the Freedom of Information Act, 5 0.8.c. 552(b):.

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