SEC. 4. Unless specifically authorized by law to the contrary, no committee shall be utilized for functions not solely advisory, and determinations of action to be taken with respect to matters upon which an advisory committee advises or recommends shall be made solely by officers or employees of the Government. SEC. 5. Each industry committee shall be reasonably representative of the group of industries, the single industry, or the geographical, service, or product segment thereof to which it relates, taking into account the size and function of business enterprises in the industry or industries, and their location, affiliation, and competitive status, among other factors. Selection of industry members shall, unless otherwise provided by statute, be limited to individuals actively engaged in operations in the particular industry, industries, or segments concerned, except where the department or agency head deems such limitations would interfere with effective committee operation. SEC. 6. The meetings of an advisory committee formed or used by a department or agency shall be subject to the following rules: (a) No meeting shall be held except at the call of, or with the advance approval of, a full-time salaried officer or employee of the department or agency, and with an agenda formulated or approved by such officer or employee. (b) All meetings shall be under the chairmanship, or conducted in the presence of, a full-time salaried officer or employee of the Government who shall have the authority and be required to adjourn any meeting whenever he considers adjournment to be in the public interest. (c) For advisory committees other than industry advisory committees, minutes of each meeting shall be kept which shall, as a minimum, contain a record of persons present, a description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the committee. The accuracy of all minutes shall be certified to by a full-time salaried officer or employee of the Government present during the proceedings recorded. (d) A verbatim transcript shall be kept of all proceedings at each meeting of an industry advisory committee, including the names of all persons present, their affiliation, and the capacity in which they attend: Provided, That where the head of a department or agency formally determines that a verbatim transcript would interfere with the proper functioning of such a committee or would be impracticable, and that waiver of the requirement of a verbatim transcript is in the public interest, he may authorize in lieu thereof the keeping of minutes which shall, as a minimum, contain a record of persons present, a description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the committee. The accuracy of all minutes shall be certified to by a full-time salaried officer or employee of the Government present during the proceedings recorded. (e) Industry advisory committees shall not be permitted to receive, compile, or discuss data or reports showing the current or projected commercial operations of identified business enterprises. (f) In the case of advisory committees other than industry advisory committees, the department or agency head may waive compliance with any requirement contained in subsection (a), (b) or (c) of this section when he formally determines that compliance therewith would interfere with the proper functioning of such a committee or would be impracticable, that adequate provisions are otherwise made to insure that committee operation is subject to Government control and purpose, and that waiver of the requirement is in the public interest. SEC. 7. The head of each department or agency sponsoring an advisory committee may prescribe additional regulations, consistent with the provisions and purposes of this order, to govern the formation or use of such committees, or the appointment of members thereof. SEC. 8. An advisory committee whose duration is not otherwise fixed by law shall terminate not later than two years from the date of its formation unless the head of the department or agency by which it is utilized determines in writing not more than sixty days prior to the expiration of such two-year period that its continued existence is in the public interest. A like determination by the department or agency head shall be required not more than sixty days prior to the end of each subsequent two-year period to continue the existence of such committee thereafter. For the purpose of this section, the date of formation of an advisory committee in existence on the date of publication of this order shall be deemed to be July 1, 1960, or the actual date of its formation, whichever is later. SEC. 9. The requirements of this order shall not apply: (a) to any advisory committee for which Congress by statute has specified the purpose, composition and conduct unless and to the extent such statute authorizes the President to precribe regulations for the formation or use of such committee; (b) to any advisory committee composed wholly of representatives of State or local agencies or charitable, religious, educational, civic, social welfare, or other similar nonprofit organizations; (c) to any local, regional, or national committee whose sole function is the dissemination of information for public agencies, or to any local civic committee whose primary function is that of rendering a public service other than giving advice or making recommendations to the Government. SEC. 10. (a) Each department and agency utilizing advisory committees shall publish in its annual report, or otherwise publish annually, a list of such committees, including the names and affiliations of their members, a description of the function of each committee and a statement of the dates of its meetings: Provided, That the head of the department or agency concerned may waive this requirement where he determines that such annual publication would be unduly costly or impracticable, but shall make such information available, upon request, to the Congress, the President, or the Attorney General. (b) A copy of each such report shall be furnished to the Attorney General, and all records and files of advisory committees, including agenda, transcripts or notes of meetings, studies, analyses, reports or other data compilations or working papers, made available to or pre pared by or for any such advisory committee, shall be made available, upon request by the Attorney General, to his duly authorized representatives, subject to such security restrictions as may be properly imposed on the materials involved. SEC. 11. This order supersedes the directive of February 2, 1959, entitled "Standards and Procedures for the Utilization of Public Advisory Committees by Government Departments and Agencies," and all provisions of prior Executive orders to the extent they are inconsistent herewith. THE WHITE HOUSE, JOHN F. KENNEDY. INDEX Acquisition of dwellings situated at or near closed military installations- Administration (see also Organization): Advisory committees: Authority to establish-Sec. 601, Housing Act of 1949- Page 343 922 Flood insurance-Sec. 1318, Housing and Urban Development 607 Housing for the elderly-Sec. 104, Housing Act of 1956-. 922 179 Low-income housing-Sec. 110, Housing and Urban Development Regulations for formation and use-Executive Order 11007.. Sec. 8, Department of Housing and Urban Development Act--- 905 Secs. 802 and 817, Housing Act of 1954....... 905 Sec. 5, Housing and Urban Development Act of 1968- 906 Sec. 1320, Housing and Urban Development Act of 1968. 608 101 Sec. 236, National Housing Act.. 106 Sec. 1603, Housing and Urban Development Act of 1968- 282 Sec. 808, Public Law 90-284 (1968 civil rights act). 720 876 Air pollution control, Federal activities-Executive Order 11282_ 915 881 598 Improvement of administration-Sec. 5, Housing and Urban De- 906 Intergovernmental Cooperation Act of 1968. 640 President's functions delegated to Secretary-Executive Order 911 Records and audit requirements-Secs. 814-816, Housing Act of 910 Revolving fund for liquidating programs-Independent Offices 909 Sec. 502, Housing Act of 1948_ 907 Succession to office of Secretary-Executive Order 11274-- Advance acquisition of land for community facilities, grants. (See Com- 914 917 Advisory Commission on Intergovernmental Relations, studies of grant- 649 Authorization to establish-Sec. 601, Housing Act of 1949. 922 Flood insurance-Sec. 1318, Housing and Urban Development Act of 607 Housing for the elderly-Sec. 104, Housing Act of 1956-. 922 179 Act of 1968--- 275 923 Regulations for formation and use-Executive Order 11007. Advisory Council on Historic Preservation-Sec. 201, Public Law 665, Air pollution control: Sec. 14, Urban Mass Transportation Act of 1964.. Air rights. (See Urban renewal.) Alaska: Alaska earthquake relief... Federal Field Committee for Development Planning-Executive Page 822 484 915 801 844 Higher FHA-insured loan limits-Secs. 214 and 806, National Housing 47,154 320 Housing and related facilities for low-income families, loans and Annual report: (See Adminstration.) Appalachia: Appalachian Regional Development Act of 1965--- Urban planning assistance-Sec. 701(a)(10), Housing Act of 1954---- Foreign Assistance and Related Agencies Appropriation Act, 1969--- Department of the Interior and Related Agencies Appropriation Act, 902 903 903 387 Departments of State, Justice, and Commerce, the Judiciary, and Departments of Labor, and Health, Education and Welfare, 1969-- Area wide development: Community facilities-Sec. 702(c), Housing and Urban Development Comprehensive planning grants-Sec. 701, Housing Act of 1954_. 424 413 407 406 Metropolitan expediters-Sec. 203, Demonstration Cities and Metro- 407 Open space land and urban beautification-title VII, Housing Act of 488 Planning grants-Sec. 701, Housing Act of 1954- 413 Urban mass transportation-Urban Mass Transportation Act of 1964. 475 Armed services, AEC and NASA, housing for: Acquisition of dwellings situated at or near closed military_installa- GNMA special assistance-Sec. 305, National Housing Act_-_. Sec. 222, National Housing Act-- Title IV, Housing Amendments of 1955- Title VIII, National Housing Act... Mortgage relief for homeowners unemployed as the result of the clos- Sec. 107, Housing and Urban Development Act of 1965---- 340 343 |