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(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(4) Notice is not required when the Director has determined that it should not be published for reasons of national security.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)

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(3) Any member of the public shall be permitted file a written statement with the committee.

may

(4)
Interested persons

be permitted by the committee chairman to speak at the meeting in accordance with procedures established by the committee.

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(1) Section 10(d) 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 listed in

5 U.S.C. 552 (b), the 'exemptions of the Freedom of Information Act.

or

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(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 of Presidential advisory Committee, the Director at least 30 days before the scheduled date of the meeting: The notification shall be in writing and shall specify all the reasons why any part of the meeting should be closed. 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 request. The agency head

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 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

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to the report.

access

(No. A-63)

e.

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Minutes. Detailed minutes shall be kept of each advisory comalttee meeting. The minutes shall include: the time and place of the meeting; a list of advisory comittee members and staff and agency employees present at the meeting; complete 8 urnary of matters discussed and conclusions reached; copies of all reports received, issued, or approved by the advisory committee; a description of the extent to which the meeting was open to the public; and a description of public participation, including list of members of the public who presented oral

written statements and an estimate of the number of members of the public who attended the meeting.

or

The chairman of the advisory Committee shall certify to the accuracy of the minutes.

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(1) with regard to an advisory Committee used by an agency, the agency head shall designate a Federal officer or employee as set forth in Section 10(e) of the Act and determine whether he is to chair or attend the meetings. With regard to Presidential advisory committees such officer or employee may be designated, and his role determined by the Director. Ordinarily, the designated Federal employee should serve on a continuing basis,

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(2) No advisory comittee shall conduct a meeting in the absence of the designated Federal employee.

(3) The designated Federal employee shall be authorized to adjourn any advisory comittee meeting, whenever he determines adjournment to

be

the public interest.

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9.

Reports on advisory Committees.

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The President has delegated, in Executive Order 11769, responsibility for preparation of the annual report required by Section 6 (c) of the Act to the Administrator of General Services. The General Services Administration (GSA) will provide appropriate reporting instructions.

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b.

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Two copies of each public report of each Presidential advisory Committee shall be submitted to the OMB Comanittee Management Secretariat at the time of the subraission to the President.

(No. A-63)

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10. Comprehensive Review. The annual review required by Section 107 of the Act shall be conducted on a calendaryear basis. Agencies may schedule the. review that its results

incorporated in the annual report of advisory committees. The review should examine all advisory committees, and terminate those no longer useful. Advisory committees specifically created by statute

Executive Order should be reviewed, and if appropriate, their termination recommended. The comprehensive review should include, among other things, a suromary of the total number of advisory committee meetings, the number of closed partially closed meetings, and a recapitulation of the exemptions in the Freedom of Information Act used as a basis for closing meetings. The review should also comment in some detail on agency efforts and procedures to insure balanced membership on its advisory Committees. The results of the comprehensive review should be included in the annual report to the Administrator of General Services.

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11. Uniform pay guidelines.

a. Pay for members of an advisory committee.
(1)

Subject to the provisions of this paragraph, an agency shall fix the pay of the members of advisory committee to the daily equivalent of a rate of the General Schedule in 5 U.S.C.: 5332 unless the members are appointed a8 consultants and compensated as provided in 11c below.

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(2) In determining an appropriate rate of pay for the members of an advisory Committee, an agency shall give consideration to the significance, scope, and technical complexity of the matters with which the advisory Committee is concerned and the qualifications required of the members of the advisory committee.

(3) An agency may not fix the pay of the members of an advisory committee at a rate higher than the daily equivalent of the maximuma rate for GS-15 unless the head of the agency has personally determined that, under the factors set forth in paragraph 116(2), a higher rate of pay is justified and necessary.

Such a determination must be reviewed by the head of the agency annually.

(NO. A-63)

b. Pay for the staff of an advisory Committee.

(1) Subject to the provisions of b(2), below, agency shall fix the pay of each member of the staff of an advisory Committee at a rate of the General Schedule in which the staff member's position would appropriately be placed were the General Schedule classification system in chapter 51 of title 5, United States Code, applicable to the position.

(2) An agency may not fix the pay of member of the staff of an advisory Committee at a rate higher than the daily equivalent of the maximum rate for GS-15 unless the head of the agency has determined that, under the General : Schedule classification system, the staff member's position would appropriately be placed in the General Schedule grade higher than GS-15. Such a determination must be reviewed by the head of the agency annually.

C.

Pay for consultants to an advisory Committee. An agency shall Fix the pay of a consultant to an advisory committee after giving consideration to the qualifications required of the consultant and the significance, scope, ,

and technical complexity of the work. The rate of pay shall not exceed

the maximum rate of pay which the agency may pay experts and consultants under 5 V.S.c. 3109.

d. Voluntary services of an advisory Committee member. The provisions of this section shall not prevent an agency from accepting the voluntary services of member of advisory Committee, or a member of the staff of an advisory committee, provided that the agency has authority to accept such services without compensation.

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e. Reimbursable travel expenses for advisory comittee members and staff. The members of an advisory condittee, and the staff thereof, 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 5 U.S.C. 5703 for persons employed intermittently in the Government service. 12. Effective date. The provisions of this circular effective on May T, 1974. 13. Inquiries. For information concerning this circular, contact the office of Management and Budget, Committee Management Secretariat, phone 395-5193 (IDS Code 103).

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ROY L. ASH
DIRECTOR

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