[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been revised since 1989 and have become outdated as a result of 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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