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REGULATIONS FOR THE FORMATION AND USE OF ADVISORY COMMITTEES

Executive Order 11007

[27 Fed. Reg. 1875]

Whereas the departments and agencies of the Government frequently make use of advisory committees; and

Whereas the information, advice and recommendations obtained through advisory committees are beneficial to the operations of the Government; and

Whereas it is desirable to impose uniform standards for the departments and agencies of the Government to follow in forming and using advisory committees in order that such committees shall function at all times in consonance with the antitrust and conflict of interest laws;

Now, therefore, by virtue of the authority vested in me by the Constitution and statutes, and as President of the United States, it is hereby ordered as follows:

SECTION 1. The regulations prescribed in this order for the formation and use of advisory committees shall govern the departments and agencies of the Government to the extent not inconsistent with specific law.

SEC. 2. As used herein,

(a) The term "advisory committee" means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof, that is formed by a department or agency of the Government in the interest of obtaining advice or recommendations, or for any other purpose, and that is not composed wholly of officers or employees of the Government. The term also includes any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof, that is not formed by a department or agency, but only during any period when it is being utilized by a department or agency in the same manner as a Government-formed advisory committee.

(b) The term "industry advisory committee" means an advisory committee composed predominantly of members or representatives of a single industry or group of related industries, or of any subdivision of a single industry made on a geographic, service or product basis.

SEC. 3. No advisory committee shall be formed or utilized by any department or agency unless

(a) specifically authorized by law or

(b) specifically determined as a matter of formal record by the head of the department or agency to be in the public interest in connection with the performance of duties imposed on that department or agency by law.

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 prescribe 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 prepared 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,

February 26, 1962.

JOHN F. KENNEDY.

INDEX

Acquisition of dwellings situated at or near closed military installations-
Sec. 1013, Demonstration Cities and Metropolitan Development Act of

1966_

Administration (see also Organization):

Advisory committees:

Authority to establish-Sec. 601, Housing Act of 1949-
Housing for the elderly-Sec. 104, Housing Act of 1956.-
Regulations for formation and use-Executive Order 11007.

Annual report:

Sec. 4(g), Department of Transportation Act..
Sec. 7(b), United States Housing Act of 1937-

Page

275

695

695

696

428

183

Sec. 8, Department of Housing and Urban Development Act--
Secs. 802 and 817, Housing Act of 1954.

685

685

General administrative provisions:

President's functions delegated to Secretary-Executive Order
11196__

691

Records and audit requirements-Secs. 814-816, Housing Act of
1954.

690

Revolving fund for liquidating programs-Independent Offices
Appropriation Act, 1955...

689

Sec. 502, Housing Act of 1948_

687

Succession to office of Secretary-Executive Order 11274__
Advance acquisition of land for community facilities, grants. (See Com-
munity facilities).

694

Advisory committees for Department:

Authorization to establish-Sec. 601, Housing Act of 1949-
Housing for the elderly-Sec. 104, Housing Act of 1956.
Regulations for formation and use-Executive Order 11007-
Advisory Council on Historic Preservation-Sec. 201, Public Law 665,
89th Congress..

695

695

696

634

Air pollution control-Sec. 14, Urban Mass Transportation Act of 1964. -
Air rights. (See Urban renewal.)

427

Alaska:

Alaska earthquake relief..

616

Federal Development Planning Committees-Executive Order 11182_
Higher FHA-insured loan limits-Secs. 214 and 806, National Housing
Act

652

44, 129

Housing and related facilities for low-income families, loans and
grants-Sec. 1004, Demonstration Cities and Metropolitan Develop-
ment Act of 1966..

Annual report:

Sec. 4(g), Department of Transportation Act.

Sec. 7(b), United States Housing Act of 1937-

251

428

183

Sec. 8, Department of Housing and Urban Development Act..
Secs. 802 and 817, Housing Act of 1954. -

685

685

Appalachia:

Appalachian Regional Development Act of 1965..

442

Federal Development Committee for-Executive Order 11209.
Urban planning assistance-Sec. 701 (a) (9), Housing Act of 1954..

659

330

Appropriations, fiscal 1967:

Foreign Assistance and Related Agencies Appropriation Act, 1967-
Independent Offices Appropriation Act, 1967-
Supplemental Appropriation Act, 1967.

545

673

682

FNMA special assistance-Sec. 305, National Housing Act_

Title IV, Housing Amendments of 1955

Appropriations, restrictions:

Public housing:

First Independent Offices Appropriation Act, 1954
Independent Offices Appropriation Act, 1952.

Independent Offices Appropriation Act, 1953.
Supplemental Appropriation Act, 1953-

Area Redevelopment-Redevelopment areas and urban renewal—Sec. 113,
Housing Act of 1949-

Armed services, AEC and NASA, housing for:

Acquisition of dwellings situated at or near closed military installa-
tions-Sec. 1013, Demonstration Cities and Metropolitan Develop-
ment Act of 1966-

Insured loans:

Sec. 222, National Housing Act -

Title VIII, National Housing Act..

Page

212

209

210

211

316

Title IX, National Housing Act--

Military Construction Authorization Act, 1966.

Military Construction Authorization Act, 1967.

275

166

69

252

123

135

260

264

Mortgage relief for homeowners unemployed as the result of the clos-
ing of a Federal installation:

Sec. 107, Housing and Urban Development Act of 1965-

272

Sec. 1013, Demonstration Cities and Metropolitan Development
Act of 1966_ _ _

275

Purchase and improvement of family housing-

264

Wherry housing exception..

Sites, utilities, and acquisition of FHA housing-

Atomic Energy Commission. (See Armed services housing, and Property

262

264

disposal.)

Banks and banking-see:

Federal Home Loan Bank Act.

Federal Reserve Act.

National Bank Act.

Below market interest rate housing loans:

College housing-Sec. 401, Housing Act of 1950--
Elderly or handicapped-Sec. 202, Housing Act of 1959.
FHA section 221(d)(3) rental housing-Sec. 221(d)(3),
Housing Act_.

224

219

National

59

FNMA special assistance-Sec. 305(h), National Housing Act..
Rehabilitation and sale-Sec. 221 (h), National Housing Act..
Rehabilitation loans-Sec. 312, Housing Act of 1964_.

169

67

269

Bolling-Anacostia complex-Sec. 607, Military Construction Act, 1966-
Boulder City Act of 1958__

Builders' warranty: FHA housing-Sec. 801, Housing Act of 1954-
Citizens Advisory Committee on Recreation and Natural Beauty-Execu-
tive Order 11278.

Civil defense. (See Defense mobilization activities.)

Civil rights:

Civil Rights Act of 1964.

Coordination by Attorney General-Executive Order 11247 -
Equal Employment Opportunity-Executive Order 11246
Equal Opportunity in Housing-Executive Order 11063

Code enforcement:

Commission on Zoning and Codes (footnote).
Grants-Sec. 117, Housing Act of 1949.

Metropolitan development grants-Requirement for assistance-Sec.
205(c) (1) (B), Demonstration Cities and Metropolitan Develop-
ment Act of 1966__

261

518

155

439

548

567

558

554

447

320

325

Other assistance-Title I, Housing Act of 1949 (urban renewal).
Study of Sec. 301, Housing and Urban Development Act of 1965--
Workable program for community improvement-Sec. 101, Housing
Act of 1949__

286

447

286

College housing:

Loans-Title IV, Housing Act of 1950...

Sale of participations in loans-Sec. 302, National Housing Act_-_-_

224

158

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