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of any responses made by the Department to the advisory committee's recommendations.

(b) The agency that provides support services will forward eight copies of any report issued by an advisory committee, at the time it is issued, to: Library of Congress, Exchange and Gift Division, Federal Advisory Committee Desk, Washington, D.C. 20540

This requirement excludes minutes of meetings, material exempt under 5 U.S.C. 552b(c), and the annual report prepared for submission to the General Services Administration (§ 25.24). If appropriate, background papers prepared for use of the committee may also be provided to the Library of Congress.

§ 25.26 Committee Control System.

(a) Responsibility. (1) Each agency head shall designate an official to be responsible for the maintenance of central control records of all advisory committees which the agency sponsors or for which it provides support services. Such information shall be kept current at all times and agencies shall be prepared to furnish such information upon request.

(2) Each agency sponsoring an advisory committee shall provide the support services for that committee. The Secretary shall designate the agency which will provide support services for advisory committees established or authorized by statute.

(b) Submission of Committee control record (AD-241). (1) To provide current and uniform information on all advisory committees in the Department and of interest to the Department, a Department-wide uniform Committee Control Record (AD-241) shall be used for:

(i) Department records maintained in the Management Staff.

(ii) Agency committee control records. Each agency, through the official responsible for committee management, shall submit an original and one copy of a complete Form AD-241, Committee Control Record, to the Management Staff for each advisory committee for which it provides support services.

(2) As committees are established or renewed, agencies shall submit a Form AD-241 to the Management Staff. When changes are made on established committees in individual memberships, addresses, or expiration dates, agencies shall submit a Form AD-241 to the Management Staff with only blocks 1, 2, and 4 completed and showing and identifying in block 14 the specific change(s) made. Agencies shall submit this form within 15 days after a change occurs. Form AD-241 for statutory advisory committees should be submitted when the advisory committee is established and at the same two-year intervals as its charter is filed.

(c) In addition to the Committee Control Record (AD-241), agencies shall maintain:

(1) Copies of committee charters.

(2) Minutes of committee proceedings.

(3) Copies of press releases and committee reports.

(4) Copies of Secretarial determinations under 5 U.S.C. 552b(c) that committee activities will be closed to the public.

(5) Any other working papers properly a part of advisory committee or subcommittee records.

(6) In addition, when an advisory committee is terminated and then reestablished, all records, reports and the complete files of the terminated advisory committee shall be kept with those of the reestablished advisory committee.

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(a) Each agency, through the official responsible for committee management, shall maintain up-to-date records which disclose the disposition of funds made available to its advisory committees. These records shall be available for inspection and audit by officials of the Department and the Comptroller General or his representatives.

(b) When it appears that committee expenses will exceed the estimate given in the charter by $500 or 10 percent, whichever is greater, the agency providing support services shall obtain prior approval for the expenditure of

such additional funds from the Committee Management Officer. A memorandum shall be routed through the Management Staff justifying such increased expense estimates and requesting approval. The agency shall be notified of the disposition of the request by the Management Staff.

Subpart F-Termination of Advisory Committees

§ 25.28 Termination of advisory committees.

(a) As required by Pub. L. 95-113, an advisory committee shall be terminated if it is found that the advisory committee has:

(1) Expended funds in excess of estimated expenses without obtaining prior approval of the Committee Management Officer (see § 25.27(b)).

(2) Failed to file in a timely manner all required reports.

(3) Failed to meet for 2 consecutive years.

(4) Failed to issue any written reports other than those required by the Federal Advisory Committee Act or Title XVIII of the Food and Agriculture Act of 1977.

(5) Failed to comply with any provision of the Federal Advisory Committee Act or Title XVIII of the Food and Agriculture Act of 1977.

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The regulations in this part provide guidelines and procedures for the establishment, operation, and duration of all committees, except advisory committees, under the jurisdiction of the Department, and also cover Department liaison members on other committees.

§ 25a.34 Policy.

It shall be the policy of the Department to maintain control over the establishment and use of all committees. The number of such committees shall be held at the absolute minimum required for effective program operation and compliance with various provisions of law.

§ 25a.35

Definitions.

As used herein, terms are defined as follows:

(a) Committee. Any committee, subcommittee, board, commission, or body other than an advisory committee (as defined in § 25.3 of this chapter).

(b) Interagency Committee. Any committee made up wholly of full-time Government officers or employees of more than one department or agency, which is expected to be in existence for more than twelve months.

(c) Departmental Committee. Any committee composed exclusively of representatives of two or more agencies of the Department.

(d) Agency Committee. Any committee composed exclusively of members from a single agency of the Department.

(e) Liaison Membership. Departmental representation by the Secretary or his designated representative on committees, councils, boards, and similar bodies established by law, Executive order, or by Presidential direction and not sponsored by the Department. Such membership may relate to international, Government, or nongovernment activities, but excludes association with professional, fraternal, civil or similar types of nongovernment groups.

Subpart B-Responsibilities

§ 25a.38 Department.

(a) The Assistant Secretary for Administration is the Committee Management Officer of the Department. He is responsible for:

(1) Exercising control and supervision over the establishment, procedures, and accomplishments of all committees under the jurisdiction of the Department.

(2) Assigning responsibility for the assembling and maintenance of the reports, records, and other papers of committees during their existence.

(b) The Management Staff provides staff assistance for the Committee Management Officer by:

(1) Maintaining systematic information on the nature, functions and operations of each Department committee.

(2) Providing advice and guidance on the establishment, renewal, utilization, management, and reporting of all types of committees throughout the Department.

§ 25a.39 Agencies.

The head of each agency engaged in committee activity shall be responsible for providing an orderly procedure for: (a) Establishing or terminating committees and providing guidelines for the selection of members.

(b) Adhering to law and regulations governing the use of committees.

(c) Designating for each committee a central location for the assembling and maintenance of the reports, records, and other papers of the committee.

(d) Periodic review of committee activities.

(e) Maintenance of an adequate committee control system. This includes maintaining records of:

(1) All interagency committees which the agency has established or chairs.

(2) All Departmental committees which the agency has established or chairs.

(3) All agency committees.

(4) All liaison memberships held by officials or employees of an agency as designees of the Secretary for committees not established or sponsored by the Department.

Subpart C-Establishment of Committees

§ 25a.42

Establishment of committees.

(a) Committees not under Federal Advisory Committee Act. Committees may be established which have public members but do not perform an advisory function (e.g., Honor Awards Committee). Agencies desiring to establish such a committee shall consult with the Committee Management Officer and prepare a Secretary's Memorandum. Members are required to receive clearance (§ 25.16 of this chapter). No charter is required. The committee shall terminate not later than 2 years after its establishment.

(b) Interagency committees. Interagency committees shall be established only after exchange of letters between the participating agencies. A Secretary's Memorandum shall drafted to formalize or publicize committee activities of major importance. No charter is required.

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(c) Departmental committees. Other Departmental committees may be authorized by the sponsoring agency in accordance with agency regulations.

(d) Agency committees. Agency regulations shall provide for the establishment, conduct, and termination of agency committees.

Subpart D-Reporting and Records

§ 25a.45 Committee control system.

(a) Responsibility. Each agency head shall designate an official to be responsible for the maintenance of central control records of all Departmental agency and interagency committees which the agency sponsors or provides support services for including liaison memberships. Such records shall be kept current at all times and shall include:

(1) Minutes of committee proceedings.

(2) Copies of press releases and committee reports.

(3) Any other working papers properly a part of committee or subcommittee records. Agencies shall be prepared to furnish information on these committees upon request. Each agency sponsoring a committee shall provide the support services for that committee.

§ 258.46 Financial records.

(a) Each agency, through the official responsible for committee management, shall maintain up-to-date records which disclose the disposition of funds made available to interagency committees which it sponsors, establishes, or chairs. These records shall be available for inspection and audit by officials of the Department and the Comptroller General or his representatives.

(b) When it appears that committee expenses will exceed estimates by 10 percent or more, prior approval of payment of such additional expenses shall be obtained from the Committee Management Officer. A memorandum shall be routed through the Management Staff justifying such increased expense estimates and requesting approval. The agency shall be notified of the disposition of the request by the

Office of Budget, Planning and Evaluation.

Subpart E-Liaison Membership

§ 258.49 Policy.

(a) The Secretary may, in his discretion, designate a representative and alternate representative to bodies on which the Department maintains liaison membership. Only such authorized representatives or alternates as the Secretary designates may attend meetings of such bodies for the Department. The delegation of authority to represent the Department provided to the Secretary's representative and alternate may not be redelegated.

(b) When it is impossible for either the representative or alternate to attend the regular meetings of these bodies, the Office of the Secretary should be notified in sufficient time to make necessary arrangements.

§ 25a.50 Procedure.

(a) When the Secretary's representative and alternate on a Governmentwide council, commission, or similar body are officials of the Office of the Secretary, the representative and alternate shall notify the Committee Management Officer of their designation. The Management Staff shall provide the Committee Management Officer with all necessary staff assistance.

(b) When the Secretary's representative and alternate are agency officials, the representative's agency shall carry out the following procedure.

(1) Prepare a letter for the Secretary's signature informing the Chairman, Executive Director, or similar appropriate official of the body in question of the designation of the Department's representative and alternate.

(2) Route the above materials to the Office of Budget, Planning and Evaluation for appropriate review and clearance.

(3) Maintain a current listing of all such liaison memberships held by agency officials. If an agency official can no longer maintain such a liaison membership, immediately inform the Management Staff so that action to appoint a new representative may be taken.

Subtitle B-Regulations of the Department of Agriculture

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