§ 25.2 Policy.

In addition to complying with the provisions of the Federal Advisory Committee Act (Pub. L. 92-463; 85 Stat. 770, 5 U.S.C. App. I), the Food and Agriculture Act of 1977 (Pub. L. 95-113), and Office of Management and Budget Circular A-63, Revised, requirements with respect thereto, it shall be the policy of this Department to maintain control over the establishment and use of all advisory committees. The provisions of the Federal Advisory Committee Act, 5 U.S.C. App. I, the Food and Agriculture Act of 1977, and all regulations issued by the Committee Management Secretariat of the General Services Administration, the Department, and applicable Department agency shall apply to all advisory committees, unless otherwise provided by law. The number of such committees shall be held at the absolute minimum required for effective program operation and compliance with various provisions of law.

As used herein, terms are defined as follows:

(a) Advisory Committee. Any committee, subcommittee, board, commission, council, conference, panel, task force, or similar group, subgroup, or body which is not composed wholly of full-time officers or employees of the Federal Government and which is established or utilized in the interest of obtaining advice or recommendations for one or more agencies or officers of the Federal Government.

(1) Non-statutory Advisory Committee. Any advisory committee established or utilized by the President or a Government official, including an advisory committee authorized, but not established, by a Federal Statute.

(2) Statutory Advisory Committee. Any advisory committee established by an Act of Congress. (If the statute directs the Secretary to establish an advisory committee, it is a statutory committee since the Secretary has no discretion in its establishment.)

Subpart B-Responsibilities

§ 25.7 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 advisory committees.

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

(3) Carrying out, on behalf of the Department, the provisions of section 552 of Title 5, United States Code, with respect to such reports, records, and other papers. To carry out these responsibilities and to evaluate advisory committee activities, the Committee Management Officer shall hold review meetings as necessary. The review meetings shall include the Assistant to the Secretary. Agency personnel shall attend as requested.

(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 advisory committee, including a complete set of charters and the annual reports for advisory committees.

(2) Filing advisory committee charters with appropriate House and Senate committees, the Library of Congress, and the Committee Management Secretariat.

(3) Maintaining committee control records for advisory committees (see Subpart E of this part).

(4) Complying with advisory committee management reporting requirements.

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

(6) Scheduling periodic review meetings of advisory committee procedures and providing adequate notification to those who will attend.

§ 25.8 Agencies.

The head of each agency engaged in advisory committee activity shall be responsible for providing an orderly procedure for:

(a) Establishing or terminating advisory committees and providing guidelines for the selection of members.

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

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

(d) Conducting periodic reviews of advisory committee activities (see Subpart E of this part).

(e) Maintaining an adequate advisory committee control system. This includes maintaining records of all advisory committees sponsored by the

agency.

(f) Submitting Committee Control Records (Form AD-241) for all advisory committees (see Subpart E of this part).

Subpart C-Establishment and Renewal of Advisory Committees

§ 25.11 Establishment and renewal of advisory committees.

(a) Policy on establishment. The following policy shall govern the establishment of any advisory committee.

(1) No advisory committee shall be established within the Department unless:

(i) It has been specifically authorized by statute or Presidential directive, or determined as a matter of formal record by the Secretary or appropriate Assistant Secretary or Director, Economics, Policy Analysis and Budget, to be in the public interest.

(ii) It has been established in accord with these regulations.

(iii) Prior consultation with Committee Management Secretariat has been accomplished.

(iv) Timely notice of the intent to establish the advisory committee is published in the FEDERAL REGISTER.

(v) It has been determined that the advisory committee will serve an essential function.

(vi) The purpose of the advisory committee has been clearly defined. (vii) The proposed membership of the advisory committee represents a balance of differing views.

(viii) The proposed budget of the advisory committee reflects the reasonably anticipated costs of performing the function of the advisory committee.

(2) Unless provided otherwise by statute or Presidential directive, advisory committees shall be utilized solely for advisory functions. Decisions regarding actions or policies relating to matters dealt with by an advisory committee shall be made solely by an official of the Government.

(b) Procedure for establishment-(1) Obtaining approval. An agency desiring to establish an advisory committee that is not specifically established by statute or by the President shall first consult with and obtain the approval of the appropriate Assistant Secretary or Director, Economics, Policy Analysis and Budget.

(i) If the Assistant Secretary or Director approves, that agency shall prepare a letter for the signature of the Committee Management Officer to the Director, General Services Administration, containing the following:

(A) The nature and purpose of the proposed advisory committee and the reasons why it is needed.

(B) An explanation of why the functions could not be performed by the agency or by an existing advisory committee.

(C) A description of the agency's plan to attain balanced membership on the proposed advisory committee in terms of points of view to be represented, functions to be performed, and expected participation by women and minorities (see § 25.15).

(D) A statement that notice of the action will be published in the FEDERAL REGISTER.

(E) A statement that establishment is in the public interest in connection with the work of the Department.

(F) A request for concurrence of the Committee Management Secretariat

in the Department's decision to establish the advisory committee.

(ii) A draft copy of the charter for the proposed advisory committee will be submitted with the letter.

(iii) This letter shall be submitted to the Management Staff which shall be responsible for obtaining Departmental clearances and signature of the letter, and forwarding it to the General Services Administration.

(iv) The Management Staff shall notify the Assistant Secretary or Director and the agency by memorandum as to whether the Committee Management Secretariat concurs in the decision to establish the advisory committee.

(2) Preparation of Federal Register notice. (i) If the Committee Management Secretariat concurs, the agency providing support services shall then prepare, for publication in the FEDERAL REGISTER, a notice advising the public of the Department's intent to establish the advisory committee. The notice shall state the name and purpose of the advisory committee, a statement that it is in the public interest to establish the advisory committee in connection with the duties of the Department, and the name and address of the agency official to whom the public may submit comments. The Committee Management Officer shall sign notices for national advisory committees. Notices for regional, state, and local advisory committees shall be signed by an official of the agency providing support services. All notices shall receive clearance by the Management Staff.

(ii) In the case of advisory committees specifically established by statute or by the President, neither approval of the Committee Management Secretariat nor FEDERAL REGISTER notice of intent to establish said advisory committee is required.

(3) Preparation of establishment document. The agency providing support services shall prepare an establishment document as follows:

(i) For a national advisory committee (one operating on a national basis), the establishment document shall be in the form of a numbered Secretary's Memorandum. The document shall in

clude:

(A) Name, clearly defined purpose, and functions of the advisory committee.

(B) Statement of reasons why the advisory committee is necessary and statutory authorization, if any.

(C) Titles and/or names of the chairman, vice-chairman and executive secretary and a statement designating the Department employee to attend the meeting if the chairman or vicechairman are not Department employees. National advisory committees shall be chaired by an official from the Office of the Secretary with an agency official as vice-chairman, unless another arrangement is approved by the Committee Management Officer (see § 25.19(b)).

(D) Statement that the advisory committee will terminate no later than 2 years after its establishment, unless otherwise provided by statute.

(E) Statement that establishment of the advisory committee is in the public interest in connection with duties imposed on the Department by law.

(F) Statement concerning the plan to achieve balanced membership on the advisory committee (§ 25.15).

(G) Names or titles of committee members or a statement as to who will appoint them.

The document shall be routed to the Office of Management and Finance through the Office of the General Counsel.

(ii) Regional, State, and local advisory committees shall be established by the appropriate Assistant Secretary or Director, Economics, Policy Analysis and Budget. The establishment document shall be in the form of an unnumbered Secretary's Memorandum. The document shall include:

(A) Name, clearly defined purpose, and functions of the advisory committee.

(B) Statement of reasons why the advisory committee is needed and statutory authorization, if any.

(C) Titles and/or names of the chairman, vice-chairman and executive secretary and a statement designating the Department employee to attend the meeting if the chairman or vicechairman are not Department employees (§ 25.19).

(D) Statement that the advisory committee will terminate no later than two years after its establishment, unless provided otherwise by statute.

(E) Statement that establishment of the advisory committee is in the public interest in connection with duties imposed on the Department by law.

(F) Statement concerning the plan to achieve balanced membership on the advisory committee (§ 25.15).

(G) Names or titles of committee members or a statement as to who will appoint them.

(4) Preparation of charter. The agency providing support services shall prepare a charter for the advisory committee containing the following: (i) The advisory committee's official designation.

(ii) A statement that the advisory committee will serve an essential function.

(iii) The advisory committee's objectives and the scope of its activity.

(iv) The period of time necessary for the advisory committee to carry out its purposes.

(v) The agency or official to whom the advisory committee reports.

(vi) The agency responsible for providing the necessary support for the advisory committee.

(vii) A description of the duties for which the advisory committee is responsible and, if such duties are not solely advisory, a specification of the authority for such functions.

(viii) The estimated annual operating costs in dollars and man-years, including specific estimates of:

(A) The amount of Federal funds which will be used to support, directly or indirectly, the operation of the advisory committee.

(B) The dollar value of the time and expenses which will be incurred by Federal agencies and employees in assisting in the operation of the advisory committee.

(C) The travel expenses, including per diem or subsistence, which will be incurred by advisory committee members and Department employees in attending meetings of the advisory committee, including travel performed in support of the advisory committee's operation.

(D) All expenses which will be paid by sources outside the Government, including, but not limited to, those paid by the advisory committee members or their employers, corporations, organizations, associations, or labor organizations.

(ix) A statement that the estimate of annual operating costs includes all private and public funds to be spent by or on behalf of the advisory committee.

(x) The estimated number and frequency of advisory committee meetings.

(xi) The advisory committee's termination date, if less than two years from the date of the advisory committee's establishment.

(xii) Space for the "date of filing" to be filled in by the Office of Management and Finance.

document as

(5) Establishment charter. The establishment document shall serve as the charter if it contains the required information. If it does not, a separate document entitled "Charter of Advisory Committee" shall be prepared and submitted to the Management Staff.

(6) Signing of charter. The Committee Management Officer shall sign charters for national advisory committees when the charter is not included in the establishment document. Charters for regional, State, and local committees shall be signed by the agency committee management officer or other agency official having responsibility for the committee when the charter is not included in the establishment document.

(7) Filing of charter. The original and four copies of the charter shall be submitted to the Management Staff no sooner than 15 days following publication of the notice in the FEDERAL REGISTER. The Management Staff shall be responsible for filing the charter and notifying the agency providing support services when this is done. An advisory committee shall not meet or take any action until its charter has been filed.

(c) Termination of approval to establish advisory committee. If an advisory committee is not established within 1 year from the date on which the Committee Management Secretariat concurred in its establishment, the ap

proval to establish said committee shall be considered terminated unless the Committee Management Officer grants an extension. In no case shall the approval extend beyond two years from the date on which the Committee Management Secretariat concurred in the establishment of the advisory committee. The policy governs both the establishment and the renewal of advisory committee.

§ 25.12 Duration and renewal of advisory committees.

(a) Unless otherwise provided for by law, each advisory committee shall terminate not later than two years after its establishment or renewal unless it is renewed prior to that time by appropriate action. Unless provided otherwise by the establishing authority, the duration of a subgroup shall be the same as that of the parent committee.

(b) No advisory committee shall be renewed unless it is clearly demonstrated that the committee provides advice necessary to the operation of the Department which can be obtained in no other way.

(1) Non-statutory advisory committees. Not more than 60 days before the scheduled date of termination, the agency providing support services and desiring to renew a non-statutory advisory committee shall consult with and obtain the approval of the appropriate Assistant Secretary or Director, Economics, Policy Analysis and Budget.

(i) If the Assistant Secretary or Director approves, the agency providing support services shall prepare a letter for the signature of the Committee Management Officer to the Administrator, General Services Administration. The policy and procedure provided for in § 25.11 (a), (b), and (c) for establishing an advisory committee apply to renewal of an advisory committee, except that the renewal document shall be signed before the FEDERAL REGISTER notice is published.

(ii) Any request for approval to renew an advisory committee submitted less than 30 days before the expiration date or after the expiration date of the advisory committee shall be treated for all purposes as a request to establish a new advisory committee.

(a) The membership of an advisory committee shall be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee (section 5(b)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. I). In addition, committee members shall be appointed with a view toward safeguarding against any special interest inappropriately influencing the advisory committee.

(b) Members shall not serve on more than one advisory committee at any one time unless prior approval is obtained from the Committee Management Officer. Requests for multiple membership shall be submitted in writing through the Management Staff. Appointment of new members in the event of vacancies shall be for the unexpired period of the committee. Committee appointments expire when the committee is terminated in accordance with § 25.12. The appointing authority may, however, terminate an appointment at an earlier time.

(c) In the event the advisory committee is extended for another 2-year period, the membership shall be reconstituted. Appointment of new members shall provide for rotation to the extent feasible and practicable, but reappointments may be made to assure effectiveness and continuity of