b. "Advisory Committee" has the meaning Section 3 of the Act. 5. Responsibilities. a. set forth in The Office of Management and Budget (OMB). In general,the functions of the Director under the Act and under Executive Order 11769 shall be carried out by the Committee Management Secretariat of OMB. (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. (3) Each agency shall maintain information on the nature, functions, and operations of each of its advisory committees. This shall include a complete set of the charters of the agency's advisory committees, and copies of the annual reports on its advisory committees in a single location. 6. Creation of advisory committees. a. When an agency proposes to establish an 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. (No. A-63) This 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. file a charter This requirement committees, c. (1) Each advisory committee shall complying with Section 9 (c) of the Act. applies to committees "utilized" as advisory 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: 7. Library of Congress Exchange and Gift Division Federal Advisory Committee Desk 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 a Federal officer after January 5, 1973, shall terminate not later than two years after its establishment unless prior to that time it is renewed. b. Each advisory committee established by statute or 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. (2) Any such statutory advisory committee shall file a new charter upon the expiration of each successive two-year period following the date of enactment of statute establishing the committee. the c. 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 U.S.C. 552 (b). b. Notice of meetings. (No. A-63) (1) Except when the Director determines otherwise for reasons of national security, timely notice of each advisory committee meeting, whether open or closed to the public, shall be published in the Federal Register. In addition to the notice in the Federal Register, other forms of notice should be used, for example, press releases and notices by mail. Where practicable, agencies should maintain lists of people and organizations interested in particular advisory committees and notify them of meetings by mail. (2) Such notice should state the name of the advisory committee, the time, place and purpose of the meeting (including where appropriate, a summary of the agenda). Notices ordinarily should state that meetings are open to the public, or, explain why any part is closed. (3) Such notice should be published at least 15 days before the date of the meeting except that shorter notice may be provided in emergency situations, and the reasons for such emergency exceptions shall be made part of the meeting notice. Agencies should keep in mind the time the Federal Register needs to get notices into print, and plan accordingly. (4) Notice is not required when the Director has determined that It should not be published for reasons of national security. Any agency advisory committee which seeks such a determination, shall submit its request and a statement of reasons to the Director at least 30 days before the meeting is scheduled. c. Public participation. The agency head or, in the case of a Presidential advisory committee, the chairman of the committee shall, for any advisory committee meeting, all or part of which is open to the public, assure compliance with the following rules: (1) Meetings shall be held at a reasonable time and at a place that is reasonably accessible to the public. (2) The size of the meeting room shall be determined by such factors as the size of the committee, the number of members of the public who could reasonably be expected to attend, the number of persons who attended similar meetings in the past and. the resources and facilities available. (No. A-63) (3) Any member of the public shall be permitted to file a written statement with the committee. (4) Interested persons may be permitted by the committee chairman to speak at the meeting in accordance with procedures established by the committee. d. Closed meetings. (1) Section 10 (a) of the Act states that the provisions concerning open meetings and public participation 'shall not apply to any advisory committee meeting which the President, the head of the agency to which the advisory committee reports, determines is concerned with matters 5 U.S.C. 552 (b), the exemptions of the Freedom of Information Act. listed in or of a 30 (2) An advisory committee which seeks to have all or part of a meeting closed on the basis of 5 U.S.C. 552 (b) shall notify the agency head or, in the case Presidential advisory committee, the Director at least days before the scheduled date of the meeting. notification shall be in writing and shall specify all the reasons why any part of the meeting should be closed. The If the agency head or the Director finds the request to be warranted and in accordance with the policy of the Act, the request shall be granted. The determination of the agency head or the Director shall be in writing and shall state the specific reasons for closing all or part of the meeting. The determination itself shall be made available to the public on request. The agency head or the Director may delegate responsibility for making the above determinations. However, in any case where a determination to close a meeting is made by a delegate of the agency head, the determination should be reviewed by the agency General Counsel. (3) When a meeting is closed, the advisory committee shall issue a report at least annually setting forth a summary of its activities and related matters which are informative to the public consistent with the policy of 5 U.S.C. 552 (b). Notice of availability of such annual report shall be published in the Federal Register no later than 60 days after its completion. The notice shall include instructions which will allow the public access to the report. (No. A-63) |