[Federal Register Volume 62, Number 111 (Tuesday, June 10, 1997)]
[Proposed Rules]
[Pages 31550-31551]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-15070]
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 101-6
RIN 3090-AG49
Federal Advisory Committee Management
AGENCY: General Services Administration.
ACTION: Advance Notice of Proposed Rulemaking.
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SUMMARY: The General Services Administration (GSA) is beginning the
process of revising its regulations which implement its
responsibilities under the Federal Advisory Committee Act (``FACA'', or
``the Act''), as amended (Pub. L. 92-463, 5 U.S.C., App.), and
Executive Order 12024, December 1, 1977. These regulations have not
been revised since 1989 and have become outdated as a result of
significant decisions issued by the Supreme Court and other Federal
Courts. In addition, the revised issuance is expected to provide more
comprehensive and effective guidance for agency personnel in their
attempts to involve the public in Federal decisionmaking consistent
with the principles contained in the Act.
DATES: Written comments must be received on or before July 10, 1997.
ADDRESSES: Comments should be submitted to the Committee Management
Secretariat at the following address: General Services Administration,
Office of Governmentwide Policy, Room 5228--MC, 1800 F St., NW.,
Washington, DC 20405. Attention: FACA Regulations.
Comments may also be provided by facsimile on (202) 273-3559, or
via the Internet to [email protected].
FOR FURTHER INFORMATION CONTACT: Mr. Vincent Vukelich, Committee
Management Secretariat at (202) 273-3558.
SUPPLEMENTARY INFORMATION: GSA anticipates the new regulatory guidance
will consist of two parts:
(1) The first section will address FACA's statutory requirements
and policy provisions, and will likely resemble the current regulation.
(2) The second section will be in the nature of guidance which will
address issues and situations that elaborate on the Act's policy
provisions and illustrate how the scope and applicability of FACA apply
in different situations. Where necessary, this section will relate
FACA's requirements to other statutes and policy documents.
Background
FACA governs the use of covered advisory committees within the
Executive Branch and establishes basic procedures to control the number
and costs of these committees. At the same time, the Act provides
mechanisms which assure public access to advisory committee meetings
and documents. The basic policy objective contained in the Act is one
that favors open decisionmaking by the Federal government when using
advisory committees.
The openness provisions of FACA are evident, but the definition of
what constitutes a ``Federal advisory committee'' is fairly broad. The
United States Supreme Court noted that ``read unqualifiedly,'' FACA's
requirements would ``extend to any group of two or more persons, or at
least any formal organization, from which the President or an Executive
agency seeks advice.'' Public Citizen v. Department of Justice, 491
U.S. 440, 452 (1989). The Supreme Court rejected such an unqualified
interpretation. GSA's objective in revising the regulations is to
provide appropriate guidance for agencies in establishing and operating
advisory committees under the Act, while substantially clarifying which
interactions with persons who are not ``full-time officers or
employees'' of the Federal government are or are not subject to the
requirements of the Act.
Many of the difficult questions under the Act arise when a Federal
agency seeks to involve the public in the decisionmaking process
pursuant to laws which require or encourage public involvement but does
not intend to establish a committee covered by the Act. In many cases,
there is no clear answer to when a public involvement strategy or
situation may ``trigger'' the formal requirements regarding advisory
committees under the Act. This uncertainty can lead to inconsistent
approaches by different agencies, or by different segments of the same
agency,
[[Page 31551]]
in their dealings with the public. The result may therefore be a
perception among some groups that the broad scope of FACA actually
hinders public involvement in Federal decisionmaking.
Issues Likely To Be Addressed
The following is a partial list of some of the issues likely to be
addressed in the revision. This list is not meant to limit the scope of
the comments to GSA.
Scope and Applicability
Review applicability of Act to pre-existing groups.
Revise definition of ``utilize'' which currently appears
in the regulations at 41 CFR 101-6.1003.
Provide additional guidance on committees which perform
primarily operational as opposed to advisory functions as currently
defined at 41 CFR 101-6.1004(g).
Explain exclusions from the Act's coverage, including new
provisions based on section 204(b) of the Unfunded Mandates Act, Public
Law 104-4, relating to State, local and tribal government
representatives.
Status of Individuals
Provide definition of ``full-time Federal employee'' under
the Act.
Clarify status of consultants to advisory committees.
Consensus
Update and expand references to ``consensus'' advice as a
factor in determining the Act's coverage to specific groups or
meetings.
Establishment and Operation of Federal Advisory Committee
Revise procedures for establishment, re-establishment, or
renewal of advisory committees.
Review elements of ``balance'' for committee membership.
Expand discussion for closing an advisory committee
meeting under the Government in the Sunshine Act and other relevant
statutes.
Nature of Comments Sought by GSA
All comments about the proposed revision of the regulations are
welcome. Suggested issues to address, specific recommendations about
changes needed in the current regulations, and reaction to the concept
of a non-regulatory guidance section are especially relevant. In
addition, examples of situations where FACA was either a useful tool or
a hindrance to public involvement will be helpful in providing specific
guidance most useful to Federal agencies.
Comments will be available for examination at the Committee
Management Secretariat office.
Dated: June 4, 1997.
G. Martin Wagner,
Associate Administrator, Office of Governmentwide Policy.
[FR Doc. 97-15070 Filed 6-9-97; 8:45 am]
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