(e) Regular or periodic meetings. (Authority: 5 U.S.C. App. 2)

$11.5 What kind of group is excluded from these regulations?

Groups excluded from the effect of the regulations in this part include:

(a) Any committee which is composed wholly of full-time officers or employees of the Federal Government;

(b) Any committee which is exclusively operational in nature (e.g., has functions which include making or implementing decisions, as opposed to the offering of advice or recommendations);

(c) Any local civic group whose primary function is that of rendering a public service with respect to a Federal program;

(d) Any State or local committee or similar group established to advise State or local officials or agencies; and (e) Any body governed by the Government in the Sunshine Act, 5 U.S.C. 552b.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.; 5 U.S.C. 552b)

Subpart B-What are the Procedures for the Establishment or Renewal of an Advisory Committee?

$11.10 How does the Secretary establish or renew an advisory committee?

(a) To establish or renew a non-statutory advisory committee, the Secretary:

(1) Determines that the committee is essential to the conduct of ED business and in the public interest and that its functions cannot otherwise be performed effectively within the Department or by an existing advisory committee;

(2) Consults with the Administrator; (3) After the consultation, publishes a notice in the FEDERAL REGISTER at least 15 days before filing a charter for the advisory committee; and

(4) Files a charter.

(b) To establish or renew a statutory advisory committee, the Secretary:

(1) Notifies the GSA Committee Management Secretariat that the advisory committee is established or renewed

pursuant to its enabling legislation; and

(2) Files a charter.

(Authority: 5 U.S.C. App. 2; 20 U.S.C 1233a)

$11.11 When is an advisory committee renewed?

(a) Except for an advisory committee established under section 442 of GEPA, the Secretary makes a renewal determination not more than 60 days before the scheduled date of termination of an advisory committee.

(b) A nonstatutory advisory committee established under section 442 of GEPA terminates not later than one year from the date of its creation, unless the Secretary determines in writing not more than 30 days prior to the expiration of the one-year period that renewal for a period not to exceed one year is necessary to complete the recommendations or reports for which it was established.

(c) For an advisory committee authorized by Congress for more than two years, the Secretary recharters the committee at the end of each two-year period.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233a) § 11.12 How is an advisory committee chartered?

(a) An advisory committee charter must contain in a format approved by the Secretary:

(1) The committee's official designation;

(2) The committee's objectives and the scope of its activity;

(3) The period of time necessary for the committee to carry out its purpose; (4) The official to whom the committee reports;

(5) The official responsible for providing the necessary support for the committee;

(6) A description of the duties for which the committee is responsible, including the specific authority for any non-advisory functions;

(7) The estimated annual operating costs in dollars and person-years for the committee;

(8) The estimated number and frequency of committee meetings;

(9) The committee's termination date;

(10) The date the charter is approved by the Secretary; and

(11) The filing date.

(b) The Committee Management Officer includes information concerning a subcommittee in the charter of the parent committee if this information is known at the time of establishment or renewal. This information includes:

(1) The subcommittee's name; (2) A brief description of the functions of the subcommittee; and

(3) The frequency of meetings.

(c) If an advisory committee is being established or renewed and the functions of a subcommittee are not known at the time of establishment or re

newal, the Committee Management Of ficer includes in the charter of the parent committee general language authorizing the parent committee to appoint subcommittees.

(d) The Committee Management Officer files the charter with the appropriate standing committees of the Senate and House of Representatives, and the Library of Congress. A copy is also filed with the GSA Committee Management Secretariat.

(Authority: 5 U.S.C. App. 2)

§ 11.13 When can an advisory committee meet or take action?

An advisory committee must be properly established or renewed, and chartered, as provided in §§11.10, 11.11 and 11.12, before it can meet or take any action.

(Authority: 5 U.S.C. App. 2)

Subpart C-What are the General Requirements for Committee and Subcommittee Membership?

§ 11.20 Who may be a member of a committee or subcommittee?

(a) In the selection of committee and subcommittee members, there must be no discrimination on the basis of race, national origin, religion, creed, age, sex, or handicap.

(b) All members of a subcommittee must be drawn from the parent committee unless expressly allowed by statute.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

§ 11.21 What action may be taken by a subcommittee?

(a) Subcommittees shall act under the policies that have been established by the parent committee and shall comply with the requirements of FACA and applicable Department regulations.

(b) Unless expressly authorized by charter or by the full committee in advance, all recommendations and findings of subcommittees must be presented to the parent committee for subsequent action.

(Authority: 5 U.S.C. App. 2)

Subpart D-How Does an Advisory Committee Operate?

§11.30 What meeting requirements affect advisory committees?

(a) The DFO is not required to call, chair, attend or adjourn meetings of GEPA Presidential advisory committees. Meetings may be held and conducted without the DFO being present. The DFO does not approve the agenda for these meetings.

(b)(1) For Presidential advisory committees not governed by the provisions of GEPA, the DFO is required to:

(i) Call or approve meetings in advance; and

(ii) Chair or attend these meetings. (2) The DFO is authorized, whenever he or she determines it to be in the public interest, to adjourn any meeting.

(3) Meetings may not be conducted in the absence of the DFO.

(4) The DFO does not approve the agenda for these meetings.

(c)(1) For committees other than those covered by paragraph (a) or (b) of this section, the DFO is required to:

(i) Call or approve meetings in advance; and

(ii) Chair or attend these meetings.

(2) The DFO is authorized, whenever he or she determines it to be in the public interest, to adjourn these meetings.

(3) Meetings may not be conducted in the absence of the DFO.

(4) The DFO approves the agenda for these meetings.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

$11.31 What is a quorum?

(a) An advisory committee shall not hold a meeting and take any action on its deliberations without a quorum. Unless otherwise required by statute or provided in a committee's charter, a quorum consists of the majority of the committee's authorized membership including ex officio members.

(b) For a subcommittee, a quorum is the majority of the authorized membership of the subcommittee.

(Authority: 5 U.S.C. App. 2)

§ 11.32 What special provisions govern the voting rights of certain committee members?

(a) An ex officio committee member or a committee member who is a fulltime Federal employee may delegate his or her committee duties, including voting rights. An advisory committee member who is not a Federal employee may not delegate his or her duties, including voting rights, unless a delegation is explicitly permitted by legislation establishing the committee.

(b) Unless provided in the legislation or charter governing a committee, er officio members of committees must have full voting rights.

(Authority: 5 U.S.C. App. 2)

§11.33 What notice is required for advisory committee and subcommittee meetings?

(a)(1) Unless the Administrator determines otherwise for reasons of national security, or except as otherwise provided in the regulations in this part, notice of each advisory committee or subcommittee meeting must be published in the FEDERAL REGISTER. This requirement applies even if all or a part of a meeting is closed to the public.

(2) Except for emergency meetings, notice of advisory committee or subcommittee meetings must be published in the FEDERAL REGISTER at least 15 days prior to the meeting. If a meeting is called and must be held without 15 days' notice, the reasons for failure to give the full 15-day notice must be included in the FEDERAL REGISTER notice.

(b) All notices, including those for emergency meetings, must state:

(1) The name of the advisory committee;

(2) The date, time, and place of the meeting;

(3) The purpose of the meeting, including a summary of the agenda;

(4) The extent to which the public will be permitted to attend or participate in the meeting;

(5) The reasons for closing any portion of the meeting, including the appropriate exemption from the Government in the Sunshine Act, 5 U.S.C. 552b(c); and

(6) Where records of the meeting, including a summary of any closed portion, are available for public inspection.

(c) If a meeting is postponed or canceled, a notice must be published in the FEDERAL REGISTER to inform the general public of the change.

(d) In addition to the notice of meeting published in the FEDERAL REGISTER, the Executive Director or DFO of each advisory committee shall maintain a list of persons and organizations who have requested to be notified of all meetings and notify them by mail in advance of each meeting. Other forms of notice, such as press releases and notices in professional journals, may be used by the Executive Director or DFO to the extent practicable.

(Authority: 5 U.S.C. App. 2; 5 U.S.C. 552b(c)) § 11.34 What public participation is allowed at advisory committee meetings?

(a) Subject to the exception in § 11.35, each advisory committee meeting must be open to the public, and interested persons must be permitted to attend, appear before, or file statements with the advisory committee in accordance with this section.

(b) With respect to any advisory committee meeting, all or part of which is open to the public, the Executive Director or DFO of each committee shall ensure compliance with the following rules:

(1) Meetings must be held at reasonable times and at places that are reasonably accessible to members of the public. If feasible, Government facilities must be used and meetings held in places involving the least expense to the Government.

(2) The size of the meeting room must be reasonable, considering such factors as the number of committee members, committee staff, Department employees, and interested persons from the general public expected to attend.

(3) Any member of the public may file a written statement with the committee, either before or within a reasonable time after a meeting.

or

(4) If time permits and advance approval has been obtained from the Chairperson, Executive Director, DFO, interested persons may present oral statements. If the Chairperson has given authorization, the committee may respond to questions from the public.

(5) The Chairperson or the designee of the Chairperson shall make a written request to the Secretary for approval of any meeting held outside the Washington, D.C. area and provide a narrative justificaton for the request. Before the meeting can be held, proper authorization must be given by the Secretary.

(Authority: 5 U.S.C. App. 2)

§11.35 What are the requirements for closing a meeting?

(a) All or part of an advisory committee meeting may be closed to the public if the Secretary determines in writing that closing is warranted under an exemption in the Government in the Sunshine Act.

(b) To request closing all of part of a meeting, the Chairperson or the Chairperson's designee shall make a written request to the Secretary at least 30 days before the date of the meeting, except in emergency circumstances. The request must contain the reasons for the closed meeting and the Government in the Sunshine Act exemption that authorizes the closing.

(c) In requesting the closing of all or part of a meeting, the Chairperson or the designee of the Chairperson shall:

(1) Restrict the closing to the shortest reasonable time;

(2) Request closing only the portion of the meeting dealing with exempt matters if several separable matters will be considered, not all of which are within the exemptions; and

(3) Arrange the agenda to facilitate attendance by the public at the open portion of the meeting.

(d) Committee members, committee staff, and interested Department officials or employees may attend closed or partially closed meetings.

(e) Within 14 days after the closed or partially closed meeting, advisory committees shall make available to the public a written summary report of the closed deliberations consistent with the policy of the Government in the Sunshine Act.

(Authority: 5 U.S.C. App. 2; 5 U.S.C. 552b(c)) § 11.36 What special procedures may be used for emergency advisory committee meetings?

(a) In emergency circumstances, the Secretary may permit a committee to conduct its business by a telephone conference call, under the procedures in this section.

(b) In determining whether conducting a meeting by telephone conference call is justified, the Secretary consid

ers:

(1) Whether the nature of the emergency is critical to the operation of the committee, but not sufficient to justify holding a regular meeting;

(2) Whether the meeting involves committee projects or assignments with very short deadlines requiring assistance from an advisory committee, and whether there is enough time to convene a regular meeting; and

(3) Whether the Secretary requires advice or important information from the committee, but the Department is under financial constraints that prevent the expenditure of Federal funds for the expenses of convening a regular meeting.

(c)(1) If an advisory committee calls an emergency meeting by telephone conference call, the committee Chairperson or the Chairperson's designee shall provide the Secretary with a written request for the meeting including a justification explaining the necessity and urgency for the meeting.

(2) The Secretary publishes a notice in the FEDERAL REGISTER informing the general public of the intent to have a meeting by telephone conference call. The notice specifies how the public will have access to the meeting. At a mini

mum, one participating member must be in a room with seating space for the public and telephonic devices that permit the public to hear and to participate in the deliberations to the extent provided by § 11.34.

(3) The Chairperson or the Chairperson's designee shall ensure that detailed minutes of the proceedings are accurately taken and filed in the committee's staff office and that the meeting complies with any other applicable laws and regulations.

(Authority: 5 U.S.C. App. 2)

§ 11.37 How is the agenda established and distributed?

(a) The Committee Chairperson or the Chairperson's designee shall distribute advance copies of a committee's agenda to committee members, Departmental officials, and interested individuals, groups or organizations at least two days prior to the date of the meeting.

(b) The agenda must include the matters to be discussed and considered at the meeting, and state whether any portion of the meeting is closed to the public.

(Authority: 5 U.S.C. App. 2)

§ 11.38 What records are kept of advisory committee meetings?

(a) The Chairperson or the Chairperson's designee shall ensure that an advisory committee keeps detailed minutes of each meeting, including meetings of subcommittees, unless a verbatim transcript is made of the meeting.

(b) The minutes must include:

(1) The date, time and place of the meeting;

(2) A list of committee members, committee staff, Federal employees, and an estimated number of the general public present at the meeting;

(3) A detailed summary of matters discussed at the meeting, including different positions taken and conclusions reached by the committee;

(4) Copies of all reports, papers, and other documents received, issued, or approved by the committee;

(5) An explanation of the extent to which the meeting was open to the

public and the public participated in the proceedings; and

(6) A list of the public participants who presented oral or written statements.

(c) The Chairperson or Chairperson's designee shall ensure that minutes are completed within a reasonable time after the meeting. The Chairperson shall certify the accuracy of the minutes.

(d) A copy of the minutes must be kept on file by the advisory committee, and a copy must be sent to the Committee Management Officer.

(Authority: 5 U.S.C. App. 2)

§ 11.39 What reports are made by advisory committees?

(a) Each statutory and non-statutory advisory committee shall make an annual report of its activities, findings, and recommendations to the Congress not later than March 31, which is submitted with the Secretary's annual report to Congress. Each committee's annual report must cover committee activities for the preceding fiscal year.

(b) Statutory advisory committees shall prepare reports that are mandated by their enabling legislation.

(c) Copies of all reports must be submitted to the Committee Management Officer.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

§ 11.40 What records must an advisory committee make available to the public?

(a) All records, reports, and other documents on advisory committees are available for public inspection and copying consistent with the Department's Freedom of Information Act regulations, 34 CFR part 5.

(b) Copies of transcripts of committee proceedings or meetings are available at a cost determined under the fee schedule in 34 CFR 5.61.

(Authority: 5 U.S.C. App. 2)

PART 12-DISPOSAL AND UTILIZATION OF SURPLUS FEDERAL REAL PROPERTY FOR EDUCATIONAL PURPOSES

Subpart A-General