[Federal Register Volume 88, Number 211 (Thursday, November 2, 2023)]
[Proposed Rules]
[Pages 75248-75262]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-24181]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 102-3

[FMR Case 2022-01; Docket No. 2022-0015, Sequence No. 1]
RIN 3090-AK59


Federal Management Regulation; Federal Advisory Committee 
Management

AGENCY: Office of Governmentwide Policy (OGP), General Services 
Administration (GSA).

ACTION: Proposed rule.

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SUMMARY: GSA proposes to amend the Federal Management Regulation (FMR) 
to update the regulations concerning Federal Advisory Committee 
Management. This rule proposes revisions that will implement 
legislative updates; help ensure that regulations concerning Federal 
Advisory Committee Management are user-friendly; clarify and update key 
roles; increase transparency, diversity, equity, access, accessibility, 
and inclusion throughout advisory committee processes and procedures; 
update the language regarding merger; and implement process 
improvements with respect to advisory committee charters and agency 
administrative guidelines.

DATES: Interested parties should submit written comments to the 
Regulatory Secretariat at one of the addresses shown below on or before 
January 2, 2024 to be considered in the formation of the final rule.

ADDRESSES: Submit comments in response to FMR Case 2022-01 to 
Regulations.gov at https://www.regulations.gov. Submit comments via the 
Federal eRulemaking portal by searching for ``FMR Case 2022-01''. 
Select the link ``Comment Now'' that corresponds with FMR Case 2022-01. 
Follow the instructions provided at the ``Comment Now'' screen. Please 
include your name, company name (if any), and ``FMR Case 2022-01'' on 
your attached document. If your comment cannot be submitted using 
https://www.regulations.gov, call or email the points of contact in the 
FOR FURTHER INFORMATION CONTACT section of this document for alternate 
instructions.
    Instructions: Please submit comments only and cite FMR Case 2022-
01, in all correspondence related to this case. Comments received 
generally will be posted without change to https://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please

[[Page 75249]]

check www.regulations.gov, approximately two to three days after 
submission to verify posting.

FOR FURTHER INFORMATION CONTACT: Ms. Lorelei Kowalski, Director, 
Committee Management Secretariat, Office of Asset and Transportation 
Management, Office of Government-wide Policy, at 202-208-6035 or email 
at [email protected]. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755 or [email protected]. Please cite FMR Case 2022-01.

SUPPLEMENTARY INFORMATION:

I. Discussion of Proposed Changes

    The Federal Advisory Committee Act (FACA or ``the Act'') as 
amended, 5 U.S.C. Chapter 10, (codified at 5 U.S.C. 1001 et seq.), 
governs the establishment, operation, and termination of advisory 
committees within the Executive Branch of the Federal Government. 
Advisory committees are a useful tool for ``furnishing expert advice, 
ideas, and diverse opinions to the Federal Government,'' Sec. 2(a) 
(codified at 5 U.S.C. 1002(a)), and the Act helps to ensure that 
Congress and the public are kept informed regarding the purpose, 
membership, activities, and cost of advisory committees, Sec. 2(b)(5) 
(codified at 5 U.S.C. 1002(b)(5)).
    GSA is responsible for administering the Act, including 
``prescribing administrative guidelines and management controls 
applicable to advisory committees, and, to the maximum extent feasible, 
providing advice, assistance, and guidance to advisory committees to 
improve their performance.'' Sec. 7(c) (codified at 5 U.S.C. 1006(c)); 
see also Executive Order 12024 (delegating to the Administrator of 
General Services almost all of ``the functions vested in the President 
by the Federal Advisory Committee Act'').
    The Administrator of General Services has delegated all of GSA's 
FACA-related responsibilities to GSA's Committee Management Secretariat 
(``the Secretariat''). See 41 CFR 102-3.100. Over the past forty years, 
the Secretariat has been implementing the Act through regulations 
concerning Federal Advisory Committee Management currently published at 
41 CFR part 102-3. See Public Citizen v. DOJ, 491 U.S. 440, 465 n.12 
(1989).
    As explained throughout this section, GSA is now proposing to amend 
Part 102-3 of the Federal Management Regulation to implement 
legislative updates; help ensure that regulations concerning Federal 
Advisory Committee Management are user-friendly; clarify and update key 
FACA roles; increase transparency, diversity, equity, access, 
accessibility, and inclusion throughout advisory committee processes 
and procedures; update the language regarding merger; and implement 
process improvements with respect to advisory committee charters and 
agency administrative guidelines.

A. Implementing Legislative Updates

    GSA proposes to update 41 CFR 102-3.40 to reflect a legislative 
change that was made by the Intelligence Authorization Act for Fiscal 
Year 2010 (Pub. L. 111-259), which states that the Director of National 
Intelligence may determine that, for reasons related to national 
security, FACA is not applicable to advisory committees of the Office 
of the Director of National Intelligence (ODNI).

B. Removing Unnecessary Language and Information

    To make regulations concerning Federal Advisory Committee 
Management more user-friendly--and ultimately enhance the performance 
of advisory committees--GSA proposes to remove certain language and 
information from Part 102-3. See also Executive Order 14058 on 
Transforming Federal Customer Experience and Service Delivery to 
Rebuild Trust in Government (directing agency heads to identify 
opportunities, as appropriate and consistent with applicable law, to 
modify their regulations to enhance customer experience and service 
delivery outcomes).
    First, GSA proposes to remove Appendices throughout Part 102-3 
because that information--guidance in the form of answers to frequently 
asked questions--is better suited for GSA's Federal Advisory Committee 
Management website, where GSA can more easily ``provide advice, 
assistance, and guidance to advisory committees to improve their 
performance.'' Sec. 7(c) (codified at 5 U.S.C. 1006(c)).
    Second, GSA proposes removing unnecessary language throughout Part 
102-3 because it either does not add meaningful clarification to the 
implementation of the Act, is not easily understandable, or is 
duplicative of language included elsewhere.
    For example, 41 CFR 102-3.30(b) on termination currently provides 
requirements for terminating an advisory committee, which are 
essentially repeated in 41 CFR 102-3.55 on the duration of committees. 
GSA is also aware that the difference between ``termination'' and 
``duration'' has been a source of confusion during the advisory 
committee chartering process. Accordingly, GSA proposes revising both 
of those sections in order to remove duplicative language and to help 
ensure that the Act's use of those terms is consistently applied 
throughout GSA's regulations.
    Similarly, GSA proposes to remove certain language from 41 CFR 102-
3.130 that is already captured in other regulations or policies 
governing the appointment, compensation, or reimbursement of advisory 
committee members, staff, experts, and consultants. For example, the 
Office of Personnel Management (OPM) establishes policy for 
compensating Federal employees and hiring experts and consultants, and 
GSA need not repeat those policies in 41 CFR 102-3.130.
    Overall, these proposed amendments will improve the clarity of 
regulations concerning Federal Advisory Committee Management, which 
will in turn enhance the performance of advisory committees.

C. Updating Key Roles

    Consistent with the agency's responsibility to ``prescribe 
administrative guidelines and management controls applicable to 
advisory committees,'' Sec. 7(c) (codified at 5 U.S.C. 1006(c)), GSA 
proposes clarifying the definitions and responsibilities of certain key 
roles.
    First, GSA proposes adding two key roles to the definitions section 
at 41 CFR 102-3.25--the ``Chairperson'' and the ``Group Federal 
Officer.''
     The Act refers to a chair of each advisory committee, see 
Sec. 10 (codified at 5 U.S.C. 1009), but does not define the contours 
of that role. Accordingly, GSA proposes to define ``chairperson'' as 
``the advisory committee or subcommittee member who serves in this role 
on an advisory committee or subcommittee by statutory requirement, or 
by appointment or invitation by presidential authority or an agency's 
authority.''
     GSA proposes defining ``Group Federal Officer'' as ``an 
individual who assists the [Committee Management Officer] in overseeing 
and managing a portion of the agency's Federal advisory committee 
management program.'' GSA coined this term years ago to capture a key 
role that some agencies use to support their FACA programs, and GSA 
believes it is helpful to formally recognize what continues to be a key 
role for some agencies.
    Second, GSA proposes clarifying the responsibilities of certain 
roles:
     GSA (41 CFR 102-3.100): Proposed revisions provide a more 
comprehensive description of actual Secretariat activities, update 
terminology, and

[[Page 75250]]

recognize a government-wide interagency group that has been in 
existence since GSA published the Final Rule in 2001, see Federal 
Advisory Committee Management, 66 FR 37727 (July 19, 2001) (hereinafter 
``2001 Final Rule'').
     Agency Heads (41 CFR 102-3.105): Proposed revisions more 
clearly identify the role of the agency head with respect to advisory 
committee charters and members.
     Committee Management Officer (41 CFR 102-3.115): Proposed 
revisions help to clarify the full scope and importance of the 
Committee Management Officer, including acknowledgment of common 
actions implemented by Committee Management Officers across the 
executive branch in managing their agency's Federal advisory committee 
program.
     Designated Federal Officer (DFO) (41 CFR 102-3.120): 
Proposed revisions better reflect the central function of the DFO under 
the Act--including ensuring compliance with the Act, serving as a point 
of contact for members of the public, and maintaining appropriate 
record keeping and reporting of committee activities.
    Overall, these proposed amendments will improve the clarity of 
FACA-related responsibilities, which will in turn enhance the 
performance of advisory committees.

D. Increasing Transparency, Diversity, Equity, Access, Accessibility, 
and Inclusion

    The Act states that advisory committees must be ``fairly balanced 
in terms of the points of view represented and the functions to be 
performed.'' Sec. 5(b)(2), (c) (codified at 5 U.S.C. 1004(b)(2), (c)). 
Further, the Act's ``legislative history makes clear that the fairly 
balanced requirement was designed to ensure that persons or groups 
directly affected by the work of a particular advisory committee would 
have some representation on the committee.'' Nat'l Anti-Hunger Coal. v. 
Exec. Comm. of President's Priv. Sector Surv. on Cost Control, 711 F.2d 
1071, 1074 n. 2 (D.C. Cir. 1983).
    While the Act itself does not provide instructions on how agencies 
are to attain fairly balanced committee membership, the legislative 
history indicates that the Act, ``[i]n the interest of economy and 
organization,'' places ``substantial power in [the implementing agency] 
to establish guidelines for advisory committees and to direct the 
agencies' use of them.'' 118 Cong. Rec. 16302 (1972) (statement of Rep. 
Moss) (referring to responsibilities that initially belonged to the 
Office of Management and Budget, which were later transferred to GSA in 
Executive Order 12024); see also 118 Cong. Rec. 16305 (1972) (statement 
of Rep. Fascell) (referring to responsibilities that were eventually 
transferred to GSA and stating that the Act ``is explicit and without 
any ambiguity as to the kind of authority [that the implementing 
agency] would have in making the guidelines''); 118 Cong. Rec. 30280 
(1972) (statement of Sen. Roth) (recognizing that the Act would 
``offer[ ] improved tools for the management of committees by [the 
implementing agency]'').
    Over the past forty years, GSA has issued regulatory requirements 
and subregulatory guidance on how to ensure fairly balanced committee 
membership. Since 1983, GSA's regulations have required agencies to 
consider a ``cross-section'' of ``interested'' persons and groups with 
demonstrated professional or personal qualifications or experience to 
contribute to the ``functions'' and tasks to be performed. See Federal 
Advisory Committee Management, 48 FR 19324 (Apr. 28, 1983). In response 
to comments, that language evolved over time, before settling in 1989 
on the formulation that exists in the current regulatory text: that 
agencies must consider ``a cross-section of those directly affected, 
interested, and qualified, as appropriate to the nature and functions 
of the committee,'' which should ``include persons with demonstrated 
professional or personal qualifications and experience relevant to the 
functions and tasks to be performed'' by the advisory committee. 
Federal Advisory Committee Management, 54 FR 41215 (Oct. 5, 1989). 
Further, in 2001, GSA responded to a commenter seeking further guidance 
on how to achieve fairly balanced committee membership by including an 
Appendix that encouraged agencies to consider several factors, 
including (1) the advisory committee's mission; (2) the geographic, 
ethnic, social, economic, or scientific impact of the advisory 
committee's recommendations; (3) the types of specific perspectives 
required, such as those of consumers, technical experts, the public at-
large, academia, business, or other sectors; (4) the need to obtain 
divergent points of view on the issues before the advisory committee; 
and (5) the relevance of State, local, or tribal governments to the 
development of the advisory committee's recommendations. See 2001 Final 
Rule, 66 FR 37727, 37740.
    Consistent with the agency's responsibility to ``prescribe 
administrative guidelines and management controls applicable to 
advisory committees, and . . . [to] provide advice, assistance, and 
guidance to advisory committees to improve their performance,'' Sec. 
7(c) (codified at 5 U.S.C. 1006(c))--and in an effort to help 
committees to actually attain fairly balanced membership--GSA has long 
required agencies to submit ``a description of the agency's plan to 
attain balanced membership,'' 48 FR 19324 (Apr. 28, 1983). More 
recently, in an effort to collect more substantive information 
regarding an agency's plan to attain a fairly balanced membership, GSA 
released guidance to the FACA community in 2011 on ``Preparing 
Membership Balance Plans'' (MBPs). See https://www.gsa.gov/cdnstatic/MembershipBalancePlanGuidance-November_2011.pdf.
    Now, GSA proposes updating the regulatory language pertaining to 
the MBP (specifically at 41 CFR 102-3.60) to reflect GSA's longstanding 
guidance. Furthermore, in response to feedback from agencies and 
consistent with recent Presidential Actions supporting diversity, 
equity, inclusion, and accessibility, GSA proposes clarifying the 
procedures for submitting a MBP that helps ensure fairly balanced 
committee membership. Under that proposal, an agency shall provide the 
Secretariat with a MBP that addresses how the agency will ensure 
representation of all points of view required for fairly balanced 
committee membership--including groups and entities potentially 
affected, those with relevant lived experience, and persons with 
demonstrated professional or personal qualifications--as well as how 
the agency intends to conduct broad outreach to ensure that the call 
for nominees reaches the targets and stakeholder groups likely to 
possess those points of view.
    By requiring agencies to seek out individuals for potential 
membership that have relevant professional and/or lived experience with 
topics likely to come before the advisory committee, agencies can help 
to ensure that those insights and experiences inform and enhance the 
committee's work. See Syreeta Skelton-Wilson et al., ``Methods and 
Emerging Strategies to Engage People with Lived Experience,'' Office of 
the Assistant Secretary for Planning and Evaluation, U.S. Department of 
Health and Human Services (Dec. 21, 2021), https://aspe.hhs.gov/sites/default/files/documents/47f62cae96710d1fa13b0f590f2d1b03/lived-experience-brief.pdf. For example,

[[Page 75251]]

by engaging individuals with relevant lived experience, ``[s]ome 
initiatives, especially those involving legislatively mandated advisory 
groups or research commissions, [have] reported benefits such as an 
improved ability to deliver responsive services, programming, training, 
and technical assistance.'' Id. at 6. Overall, the proposed amendments 
will help to continue improving the quality of committee conclusions 
and recommendations--ultimately enhancing the performance of advisory 
committees.
    Further, GSA proposes updating the rules and principles that apply 
to the management of advisory committees (specifically at 41 CFR 102-
3.95 and 41 CFR 102-3.140), including (a) clarifying that adequate 
committee support includes access to adequate virtual meeting 
capabilities and access to communication modes that are more inclusive; 
(b) encouraging agencies to be as transparent, equitable, inclusive, 
and timely as possible when providing public access to committee 
activities and materials; and (c) fostering active engagement, 
participation, and expression from all committee members and any member 
dissenting opinions, as applicable. Overall, the proposed amendments 
will help improve public access to advisory committees and membership 
engagement, which will in turn enhance the performance of advisory 
committees.
    Finally, GSA proposes improving public access to advisory committee 
meetings through amendments to 41 CFR 102-3.65, 102-3.150, and 102-
3.165. The Act specifies that meeting notices shall be published in the 
Federal Register and states that GSA ``shall prescribe regulations to 
provide for other types of public notice to insure that all interested 
persons are notified of each meeting in advance.'' Sec. 10(a)(2) 
(codified at 5 U.S.C. 1009(a)(2)). These amendments accordingly seek to 
expand public notification beyond publication in the Federal Register 
by encouraging use of agency websites and other online forums. These 
amendments will also improve public access to advisory committees and 
thus will enhance the performance of those advisory committees.

E. Updating the Language Regarding Merger

    The Act instructs the Administrator of General Services to conduct 
an annual ``review of the activities and responsibilities of each 
advisory committee,'' in part ``to determine . . . whether the 
committee should be merged with other advisory committees.'' Sec. 7(b) 
(codified at 5 U.S.C. 1006(b)). Historically, merger of advisory 
committees has been infrequent. More recently, however, merger has 
become a more routine occurrence during the consultation process. 
Accordingly, to appropriately account for that trend, GSA proposes 
adding the term ``merge'' throughout Part 102-3--namely, to sections 
that apply to actions taken by an agency in the establishment, 
reestablishment, renewal, operation, and termination of Federal 
advisory committees.

F. Implementing Process Improvements--Charters

    The Act identifies certain information that must be included in the 
charter for each committee. See Sec. 9 (codified at 5 U.S.C. 1008). 
Over a decade ago--consistent with the Administrator's responsibility 
to ``provide advice, assistance, and guidance to advisory committees to 
improve their performance,'' Sec. 7(c) (codified at 5 U.S.C. 1006(c))--
GSA issued guidance on Preparing Federal Advisory Committee Charters, 
available at: https://www.gsa.gov/cdnstatic/Preparing_FAC_Charters_%28F%29-110211.pdf. In addition to setting forth 
the requirements included in Section 9 of the Act (codified at 5 U.S.C. 
1008), the guidance also includes other information that enhances the 
transparency of advisory committee operation to the public, such as 
information on the authority, formation of subcommittees, and 
recordkeeping. GSA now proposes updating the charter section at 41 CFR 
102-3.75 to reflect this current guidance--ultimately with the goal of 
increasing transparency with respect to the operation of each advisory 
committee and enhancing the performance of advisory committees.
    Further, GSA proposes revising the charter amendment process. The 
current regulatory process for amending charters (per the 2001 Final 
Rule) stipulates two separate processes for amendments--one that 
applies to minor changes, and the other that applies to major changes. 
Those processes, however, are identical except for a requirement to 
consult with the Secretariat as to any major changes. Although GSA's 
intent was to forgo the need for consultation with the Secretariat if 
the changes were truly minor, there has been confusion in the FACA 
community regarding what specifically constitutes a minor amendment. 
Further, this confusion has resulted in a number of agencies choosing 
to consult with the Secretariat on all charter amendments. Accordingly, 
to eliminate confusion, GSA proposes consolidating the charter 
amendment sections into a singular process, to appear at 41 CFR 102-
3.80. In addition, consistent with GSA's priority of increasing 
transparency with respect to advisory committee activities (as 
explained above), GSA proposes requiring that agencies post notice of 
the amendment to the relevant advisory committee website (if one 
exists).

G. Implementing Process Improvements--Agency Administrative Guidelines

    The Act requires each agency head to ``establish uniform 
administrative guidelines and management controls for advisory 
committees established by that agency.'' Sec. 8(a) (codified at 5 
U.S.C. 1007(a)). In recent years, the FACA community has inquired about 
appropriate content for those guidelines. In response, GSA now proposes 
revising 41 CFR 102-3.125 to clarify some of the operational components 
that agency administrative guidelines should reflect--such as 
specifying the content of committee bylaws and providing instructions 
on how to identify, calculate, and document advisory committee costs.

H. Severability

    GSA proposes adding a new subpart on severability at 41 CFR 102-
3.190, which states that all provisions included in Part 102-3 are 
separate and severable from one another.
    Regulations concerning Federal Advisory Committee Management do a 
number of things--from outlining public notification requirements to 
explaining the role of an agency head. Overall, each constituent 
element in Part 102-3 operates independently to help ensure that 
standards and uniform procedures govern the establishment, operation, 
administration, and duration of advisory committees. See Sec. 2(b)(4) 
(codified at 5 U.S.C. 1002(b)(4)).
    Accordingly, if any particular provision in Part 102-3 were to be 
stayed or invalidated by a reviewing court, the remaining provisions 
would continue to function effectively for advisory committees. For 
example, if 41 CFR 102-3.75 on charter requirements were invalidated, 
that would not make 41 CFR 102-3.155, which lists the requirements for 
facilitating an advisory committee meeting that is closed to the 
public, unworkable. Likewise, if 41 CFR 102-3.60(b)(3) on attaining 
fairly balanced membership were invalidated, that would not prevent an 
agency from relying on the definitions section at 41 CFR 102-3.25 to 
understand what ``committee staff'' means.
    Further, any cross-references that appear throughout Part 102-3 are

[[Page 75252]]

duplicative and are intended only to make the regulations more user-
friendly. Invalidation of a particular provision that is cross-
referenced elsewhere will not materially alter the provision that 
contains the cross-reference.
    In summary, removal of any particular provision from Part 102-3 
would not render the entire regulatory scheme unworkable. Thus, GSA 
considers each of the provisions in Part 102-3 to be separate and 
severable from one another. In the event of a stay or invalidation of 
any particular provision, it is GSA's intention that the remaining 
provisions shall continue in effect.

II. Expected Impact of This Proposed Rule

    This rule will have a cost impact on the Federal Government; 
however, it will not impact the private sector or state, local, or 
Tribal Governments, as it relates solely to agency administration and 
management. GSA has already incorporated a number of the changes into 
the consultation process that occurs between the agencies and GSA, the 
government-wide training for agencies and personnel involved with 
committee work, and routine interactions regarding agency committee 
management programs.

III. Expected Costs and Benefits

    GSA conducted an economic analysis of the proposed changes and 
determined that during the first and subsequent years after publication 
of the rule, there are compliance costs associated with the new rule. 
GSA estimates the overall total additional undiscounted cost of this 
proposed rule to be $7,007,064 over a ten-year period. See Section VI.A 
(providing a full breakdown of compliance costs). There are numerous 
benefits described throughout Section I--including implementing 
legislative updates; helping to ensure that regulations concerning 
Federal Advisory Committee Management are user-friendly; clarifying and 
updating key FACA roles; increasing transparency, diversity, equity, 
access, accessibility, and inclusion throughout advisory committee 
processes and procedures; updating language regarding merger; and 
implementing process improvements with respect to advisory committee 
charters and agency administrative guidelines.

IV. Executive Orders 12866, 13563, and 14094

    Executive Order (E.O.) 12866, 13463, and 14094 directs agencies to 
assess all costs and benefits of available regulatory alternatives and, 
if regulation is necessary, to select regulatory approaches that 
maximize net benefits (including potential economic, environmental, 
public health and safety effects, distributive impacts, and equity). 
E.O. 13563 emphasizes the importance of quantifying both costs and 
benefits, reducing costs, harmonizing rules, and promoting flexibility. 
E.O. 14094 supplements and reaffirms the principles, structures, and 
definitions governing contemporary regulatory review established in 
E.O. 12866 and E.O. 13563. The Office of Management and Budget's Office 
of Information and Regulatory Affairs (OIRA) has designated this rule 
as a significant regulatory action and, therefore, was subject to 
review under Section 6(b) of E.O. 12866.

V. Regulatory Flexibility Act

    GSA certifies that this rule will not have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. This proposed 
rule applies only to Federal agencies and employees.

A. Government Costs

    GSA has determined, based on an economic model, that there are 
compliance costs associated with the Proposed Rule. The following 
section is a list of activities related to regulatory familiarization 
and compliance that GSA anticipates will occur. Compliance activities 
would take place in the FACA community and would consist of amending 
charters, revising guidelines, training, and outreach for diversity, 
equity, inclusion, access, and accessibility. These assumptions were 
generated based on internal GSA expertise. GSA estimates this cost by 
multiplying the time required to conduct the compliance activity by the 
estimated compensation. GSA calculates the estimated hourly 
compensation using the U.S. Office of Personnel Management's 2023 
General Schedule (GS) Rest of United States Locality Pay Table and the 
full fringe benefit cost factor. 1 2 3
---------------------------------------------------------------------------

    \1\ U.S. Office of Personnel Management General Schedule.
    \2\ OMB Memo M-08-13, dated March 11, 2008.
    \3\ Fact Sheet: Computing Hourly Rates of Pay Using the 2087-
Hour Divisor.
---------------------------------------------------------------------------

1. Amending Charters
    GSA estimates it will take 25 government employees on average with 
a GS-14 step five average hourly rate of $86.12/hour, three hours each 
in years 1 to 10 to amend charters with updated information from this 
rule. Therefore, GSA estimates the total estimated cost for this part 
of the rule per year to be $6,459 ( = [25 employees] x [$86.12/hour] x 
[3 hours]).
2. Revising Guidelines
    GSA estimates it will take 57 government employees, Committee 
Management Officers with a GS-15 step five average hourly rate of 
$101.30/hour, four hours each in year 1 to update guidelines with 
updated information from this rule. Therefore, GSA estimates the total 
estimated cost for this part of the rule to be $23,096 ( = [57 
employees] x [$101.30/hour] x [4 hours]).
    GSA estimates it will take 987 government employees, Designated 
Federal Officers with a GS-12 step five average hourly rate of $61.29/
hour, 0.5 hours each in year 1 to update guidelines with updated 
information from this rule. Therefore, GSA estimates the total 
estimated cost for this part of the rule to be $30,245 ( = [987 
employees] x [$61.29/hour] x [0.5 hours]).
3. Training
    GSA estimates it will take 57 government employees, Committee 
Management Officers with a GS-15 step five average hourly rate of 
$101.30/hour, 0.5 hours each in year 1 to deliver training related to 
changes with this rule. Therefore, GSA estimates the total estimated 
cost for this part of the rule to be $2,887 ( = [57 employees] x 
[$101.30/hour] x [0.5 hours]).
    GSA estimates it will take 1,552 government Full-Time Equivalents 
(FTEs) with a GS-12 step five average hourly rate of $61.29/hour 0.5 
hours each in year 1 to receive training related to changes with this 
rule. Therefore, GSA estimates the total estimated cost for this part 
of the rule to be $47,558 ( = [1,552 FTEs] x [$61.29/hour] x [0.5 
hours]).
4. Outreach for Diversity, Equity, Inclusion, Access, and Accessibility
    GSA estimates it will take government employees with a GS-13 step 
five average hourly rate of $72.88/hour four hours per membership slot, 
in years 1 to 10 to conduct additional outreach in identifying 1,050 
new members that may be able to participate in new advisory 
committees--ultimately to help ensure that committee membership is 
fairly balanced. Therefore, GSA estimates the total estimated cost for 
this part of the rule per year to be $306,081 ( = [1,050 membership 
slots] x [$72.88/hour per government employee] x [4 hours]).
    GSA estimates it will take government employees with a GS-13 step 
five average hourly rate of $72.88/hour) 0.5 hours per membership slot 
in year 1, to

[[Page 75253]]

conduct additional outreach in identifying 31,831 new members that may 
be able to participate in U.S. Department of Health and Human Services 
grant reviews--ultimately to help ensure that committee membership is 
fairly balanced. Therefore, GSA estimates the total estimated cost for 
this part of the rule to be $1,163,509 ( = [31,831 membership slots] x 
[$72.88/hour per government employee] x [0.5 hours]).
    GSA estimates it will take government employees with a GS-13 step 
five average hourly rate of $72.88/hour) one hour per membership slot 
in years 1 and 2 to conduct additional outreach in identifying 17,937 
new members that may be able to participate in non-grant review Federal 
advisory committees--ultimately to help ensure that committee 
membership is fairly balanced. Therefore, GSA estimates the total 
estimated cost for this part of the rule per year to be $1,307,185 ( = 
[17,937 membership slots] x [$72.88/hour] x [1 hour]).
5. Total Government Costs
    GSA estimates the total government costs to be $7,007,064 for years 
1 to 10. A breakdown of the total estimated government costs by year is 
provided in the table below.

------------------------------------------------------------------------
                         Year                                Costs
------------------------------------------------------------------------
1....................................................         $2,887,020
2....................................................          1,619,725
3....................................................            312,540
4....................................................            312,540
5....................................................            312,540
6....................................................            312,540
7....................................................            312,540
8....................................................            312,540
9....................................................            312,540
10...................................................            312,540
                                                      ------------------
    Total............................................          7,007,064
------------------------------------------------------------------------

B. Overall Total Additional Costs

    The overall total additional undiscounted cost of this final rule 
is estimated to be $7,007,064 over a ten-year period. A summary of the 
estimated costs calculated for a ten-year period at a 3- and 7-percent 
discount rate is provided in the table below. GSA did not identify any 
cost savings based on the impact of the rule.

------------------------------------------------------------------------
                         Summay                             Total costs
------------------------------------------------------------------------
Present Value (3 percent)...............................      $6,397,671
Annualized Costs (3 percent)............................         750,002
Present Value (7 percent)...............................       5,742,952
Annualized Costs (7 percent)............................         817,667
------------------------------------------------------------------------

C. Analysis of Alternatives

    The preferred alternative is the process laid out in the analysis 
above. However, GSA has analyzed one alternative to the preferred 
process.
    As an alternative, GSA could decide not to update regulations 
concerning Federal Advisory Committee Management; however, that 
alternative would leave outdated content in the regulations, which 
would continue to cause confusion, impede accessibility and 
transparency by excluding the expansion of virtual formats, and waste 
government time and resources by forcing agencies to seek clarification 
on sections that contain unclear and unnecessary language. In light of 
those concerns, GSA rejects the alternative.

VI. Paperwork Reduction Act

    The proposed rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 41 CFR Part 102-3

    Advisory committees; Governmental property management.

Krystal J. Brumfield,
Associate Administrator, Office of Government-wide Policy.

    Therefore, GSA proposes to amend 41 CFR part 102-3 as set forth 
below:

PART 102-3--FEDERAL ADVISORY COMMITTEE MANAGEMENT

0
1. The authority citation for part 102-3 continues to read as follows:

    Authority:  Sec. 205(c), 63 Stat. 390 (40 U.S.C. 486(c)); sec. 
7, 5 U.S.C. Chapter 10; and E.O. 12024, 3 CFR, 1977 Comp., p. 158.

0
2. Amend Sec.  102-3.5 by revising the first sentence to read as 
follows:


Sec.  102-3.5   What does this subpart cover and how does it apply?

    This subpart provides the policy framework and establishes minimum 
requirements that must be used by agency heads and Federal officers in 
applying the Federal Advisory Committee Act, as amended (FACA or ``the 
Act''), 5 U.S.C., Chapter 10, to advisory committees they establish and 
operate. * * *
0
3. Revise Sec.  102-3.10 to read as follows:


Sec.  102-3.10   What is the purpose of the Federal Advisory Committee 
Act?

    FACA governs the establishment, operation, administration, and 
termination of advisory committees within the executive branch of the 
Federal Government. The Act defines what constitutes a Federal advisory 
committee and provides general procedures for the executive branch to 
follow for the operation of these advisory committees. In addition, the 
Act is designed to assure that the Congress and the public are kept 
informed with respect to the number, purpose, membership, activities, 
recommendations, outcomes, and cost of advisory committees through 
reporting requirements. These requirements form the basis for 
implementing the Act at both the agency and government-wide levels.


Sec. Sec.  102-3.15 and 102-3.20   [Removed and Reserved]

0
4. Remove and reserve Sec. Sec.  102-3.15 and 102-3.20.
0
5. Amend Sec.  102-3.25 by--
0
a. Revising the definitions for ``Act'', ``Advisory committee'' and 
``Agency'';
0
b. Adding, in alphabetical order, the definitions for ``Agency Head'' 
and ``Chairperson'';
0
c. Revising the definitions for ``Committee Management Officer'', 
``Committee Management Secretariat'', ``Committee Meeting'', 
``Committee member'' and ``Committee staff'', and ``Designated Federal 
Officer'';
0
d. Adding, in alphabetical order, the definition for ``Group Federal 
Officer (GFO)''; and
0
e. Revising the definitions for ``Independent Presidential advisory 
committee'', ``Non-discretionary advisory committee'', 
``Subcommittee'', and ``Utilized''.
    The additions and revisions read as follows:


Sec.  102-3.25   What definitions apply to this part?

* * * * *
    Act means the Federal Advisory Committee Act (FACA), as amended, 5 
U.S.C. Chapter 10.
* * * * *
    Advisory committee means any committee, board, commission, council, 
conference, panel, task force, or other similar group, which is 
established by statute, or established or utilized by the President or 
by an agency official, for the purpose of obtaining the group's advice 
or recommendations for the President or on issues or policies within 
the scope of agency responsibilities (codified at 5 U.S.C. 1001). 
Advisory committees are subject to the Act unless specifically exempted 
by the Act, or by other statutes, or not covered by this Part.
    Agency has the same meaning as in 5 U.S.C. 551(1).
    Agency Head means the head of an executive branch agency, 
department, or

[[Page 75254]]

commission, or their designated delegate.
    Chairperson means the advisory committee or subcommittee member who 
serves in this role on an advisory committee or subcommittee by 
statutory requirement, or by appointment or invitation by Presidential 
authority or an agency's authority.
    Committee Management Officer (CMO) means the individual designated 
by the agency head to implement the provisions of section 8(b) of the 
Act (codified at 5 U.S.C. 1007(b)) and any delegated responsibilities 
of the agency head under the Act.
    Committee Management Secretariat (Secretariat) means the 
organization established pursuant to section 7(a) of the Act (codified 
at 5 U.S.C. 1006(a)), which is responsible for all matters relating to 
advisory committees and carries out the responsibilities of the 
Administrator under the Act and E.O. 12024 (3 CFR, 1977 Comp., p. 158).
    Committee meeting means any gathering of advisory committee members 
(whether in person or electronically, such as using telecommunications 
or through a virtual platform), held with the approval of an agency, 
and with a Designated Federal Officer in attendance, for the purpose of 
deliberating on the matters upon which the advisory committee provides 
advice or recommendations.
    Committee member means an individual who serves by appointment or 
invitation by the appointing authority on an advisory committee or 
subcommittee.
    Committee staff means any Federal employee, private individual, or 
other party (whether under contract or not) who is not a committee 
member, and who serves in a support capacity to an advisory committee 
or subcommittee. Committee staff serve in coordination with the 
Designated Federal Officer.
    Designated Federal Officer (DFO) means an individual designated by 
the agency head, for each advisory committee for which the agency head 
is responsible, to implement the provisions of sections 10(e) and (f) 
of the Act (codified at 5 U.S.C. 1009(e) and (f)) and any advisory 
committee procedures of the agency under the control and supervision of 
the CMO.
* * * * *
    Group Federal Officer (GFO) means an individual who assists the CMO 
in overseeing and managing a portion of the agency's Federal advisory 
committee management program.
    Independent Presidential advisory committee means any Presidential 
advisory committee not assigned by the Congress, or by the President or 
the President's delegate, to an agency for administrative and other 
support.
    Non-discretionary advisory committee means any advisory committee 
either required by statute or by Presidential directive. A non-
discretionary advisory committee required by statute generally is 
identified specifically in a statute by name, purpose, or function(s), 
and its establishment or termination is beyond the legal discretion of 
an agency head.
* * * * *
    Subcommittee means the group that reports to an advisory committee, 
and not directly to a Federal officer or agency, whether or not its 
members are drawn in whole or in part from the parent advisory 
committee. However, if a subcommittee makes advice or recommendations 
directly to a Federal officer or agency, it is no longer functioning as 
a subcommittee, and must: file a charter following the requirements of 
subpart Sec.  102-3.70, that includes the information required in Sec.  
102-3.75; comply with all of the requirements of this part; and will be 
counted as a chartered advisory committee at an agency.
    Utilized by means a committee that is one over which the President 
or a Federal officer or agency exercises actual management or control 
of its operation, whether or not it was established by the Federal 
Government.
0
6. Amend Sec.  102-3.30 by revising the introductory text and 
paragraphs (a) through (d) to read as follows:


Sec.  102-3.30   What policies govern the use of advisory committees?

    These are the policies to be followed by Federal departments and 
agencies in establishing and operating advisory committees consistent 
with the Act:
    (a) Determination of need in the public interest. A discretionary 
advisory committee may be established only when it is essential to the 
conduct of agency business and when the information to be obtained is 
not already available through another advisory committee or source 
within the Federal Government.
    (b) Termination. Advisory committees terminate pursuant to Sec.  
102-3.55.
    (c) Fairly balanced membership. An advisory committee must be 
fairly balanced in its membership in terms of the points of view 
represented and the functions to be performed (as explained further in 
Sec.  102-3.60).
    (d) Open meetings. Advisory committee meetings must be open to the 
public except when a meeting is closed or partially closed in 
accordance with the exemptions set forth in the Government in the 
Sunshine Act, 5 U.S.C. 552b(c).
    (1) Compliance with section 504 of the Rehabilitation Act of 1973, 
as amended. With the support of the sponsoring Federal department or 
agency, the advisory committee must provide reasonable modifications 
for individuals with disabilities when the modifications are necessary 
to avoid discrimination on the basis of disability, unless the public 
entity can demonstrate that making the modifications would 
fundamentally alter the nature of the program or activity. The advisory 
committee must also take appropriate steps to ensure that 
communications with individuals with disabilities are as effective as 
communications with others, including by furnishing appropriate 
auxiliary aids and services where necessary to afford qualified 
individuals with disabilities an equal opportunity to participate in, 
and enjoy the benefits of, the advisory committee. Examples of 
auxiliary aids and services include qualified interpreters and 
information in alternate formats, such as braille or large print. In 
order to be effective, auxiliary aids and services must be provided in 
accessible formats, in a timely manner, and in such a way as to protect 
the privacy and independence of the individual with a disability. An 
advisory committee may not charge for the provision of auxiliary aids 
and services. An advisory committee is not required to provide an aid 
or service if it can demonstrate that providing that aid or service 
would result in a fundamental alteration in the nature of a program or 
activity or in undue financial and administrative burdens. See 29 
U.S.C. 794. Advisory committees should consider how to ensure that 
advisory committee members and members of the public are made aware of 
available auxiliary aides and services, as well as the option to 
request reasonable modifications in advance of meetings, and should 
identify a point of contact to receive and respond to requests for 
reasonable modifications.
    (2) Ensuring language access and provision of language assistance 
services. With the support of the sponsoring Federal department or 
agency, the advisory committee must ensure equal participation by 
individuals with limited English proficiency. This may include 
conducting outreach and providing notifications in the language(s) used 
by the affected communities and potential or actual advisory committee 
members, as well as providing language assistance services, including 
electronic and printed written translated documents and oral 
interpretation services free of

[[Page 75255]]

charge and in a timely manner, when such services are necessary to 
provide meaningful access to a limited English proficient individual, 
consistent with Title VI of the Civil Rights Act of 1964, 42 U.S.C. 
2000d et seq., and E.O. 13166: Improving Access to Services for Persons 
With Limited English Proficiency (August 11, 2000), 3 CFR, 2000 Comp., 
p. 289.
* * * * *
0
7. Revise Sec.  102-3.35 to read as follows:


Sec.  102-3.35   What policies govern the use of subcommittees?

    (a) In general, the requirements of the Act and the policies of 
this Federal Advisory Committee Management part do not apply to 
subcommittees of advisory committees that report to a parent advisory 
committee and not directly to a Federal officer or agency. However, 
this section does not preclude an agency from applying any provision of 
the Act and this part to any subcommittee of an advisory committee.
    (b) If a subcommittee reports directly to a Federal officer or 
agency, it is no longer functioning as a subcommittee. In that case, 
the subcommittee must be chartered as a new advisory committee, must 
comply with all of the requirements of this part, and will be counted 
as a chartered advisory committee at an agency.
    (c) Unless required by statute or Presidential directive, the 
creation and operation of subcommittees must be approved by the agency 
establishing the parent advisory committee in coordination with the 
DFO.
0
8. Revise Sec.  102-3.40 to read as follows:


Sec.  102-3.40  What types of committees or groups are not covered by 
the Act and this part?

    In addition to the committees created by the National Academy of 
Sciences, Engineering, and Medicine and the National Academy of Public 
Administration (except as covered by subpart E of this part), the 
Central Intelligence Agency, and the Federal Reserve, the following are 
examples of committees or groups that are not covered by the Act or 
this Federal Advisory Committee Management part:
    (a) Any advisory committee established or utilized by the Office of 
the Director of National Intelligence, if the Director of National 
Intelligence determines that for reasons of national security such 
advisory committee cannot comply with the requirements of the Act;
    (b) Committees specifically exempted by statute;
    (c) Committees created by non-Federal entities and not actually 
managed or controlled by the executive branch;
    (d) Groups assembled where attendees provide individual advice to a 
Federal official(s);
    (e) Groups assembled to exchange facts or information with a 
Federal official(s);
    (f) Any committee composed wholly of full-time or permanent part-
time officers or employees of the Federal Government and elected 
officers of State, local, and Tribal Governments (or their designated 
employees with authority to act on their behalf), acting in their 
official capacities. The purpose of such a committee must be solely to 
exchange views, information, or advice relating to the management or 
implementation of Federal programs established pursuant to statute, 
that explicitly or inherently share intergovernmental responsibilities 
or administration (see guidelines issued by the Office of Management 
and Budget (OMB) on section 204(b) of the Unfunded Mandates Reform Act 
of 1995, 2 U.S.C. 1534(b), and OMB Memorandum M-95-20, dated September 
21, 1995, available on the Committee Management Secretariat website);
    (g) Any committee composed wholly of full-time or permanent part-
time officers or employees of the Federal Government;
    (h) Local civic groups whose primary function is that of rendering 
a public service with respect to a Federal program;
    (i) Groups established to advise State or local officials;
    (j) Any committee established to perform primarily operational as 
opposed to advisory functions. Operational functions are those 
specifically authorized by statute or Presidential directive, such as 
making or implementing Government decisions or policy. A committee 
designated operational may be covered by the Act if it becomes 
primarily advisory in nature; and
    (k) Any committee established, created, managed, and staffed by the 
government of a foreign country; or any committee created, managed, and 
staffed by an executive branch agency to advise or make recommendations 
to a government official, government group, or government agency of a 
foreign country.

Appendix A to Subpart A of Part 102-3 [Removed]

0
9. Remove appendix A to subpart A of part 102-3.
0
10. Revise the heading of subpart B to read as follows:

Subpart B--How Are Advisory Committees Established, Renewed, 
Reestablished, Merged, and Terminated?

0
11. Revise Sec.  102-3.45 to read as follows:


Sec.  102-3.45   What does this subpart cover and how does it apply?

    Requirements for establishing and terminating advisory committees 
vary depending on the establishing entity and the source of authority 
for the advisory committee. This subpart covers the procedures 
associated with the establishment, renewal, reestablishment, merger, 
and termination of advisory committees. These procedures include, but 
are not limited to, consulting with the Secretariat, preparing and 
filing an advisory committee charter, publishing notice in the Federal 
Register, and amending an advisory committee charter.
0
12. Amend Sec.  102-3.50 by revising paragraphs (a) through (d) to read 
as follows:


Sec.  102-3.50   What are the authorities for establishing advisory 
committees?

* * * * *
    (a) Required by statute. By law where Congress establishes an 
advisory committee, or specifically directs the President or an agency 
to establish it (non-discretionary);
    (b) Presidential authority. By E.O. of the President or other 
Presidential directive (non-discretionary);
    (c) Authorized by statute. By law where Congress authorizes, but 
does not direct the President or an agency to establish it 
(discretionary); or
    (d) Agency authority. By an agency under general authority in title 
5 of the United States Code or under other agency-authorizing statutes 
(discretionary).
0
13. Amend Sec.  102-3.55 by revising paragraphs (a)(1) and (4) to read 
as follows:


Sec.  102-3.55   What rules apply to the duration of an advisory 
committee?

    (a) * * *
    (1) The statutory authority used to establish the advisory 
committee provides a different duration or termination, either stated 
in or implied by operation of the statute;
* * * * *
    (4) The President or agency head renews the advisory committee not 
later than two years after its date of establishment, renewal, or

[[Page 75256]]

reestablishment in accordance with Sec.  102-3.60. If the President or 
an agency needs an advisory committee that was terminated or an 
advisory committee terminated because it was not renewed in a timely 
manner, it can be reestablished in accordance with Sec.  102-3.60.
* * * * *
0
14. Revise Sec.  102-3.60 to read as follows:


Sec.  102-3.60   What procedures are required to establish, renew, 
reestablish, or merge a discretionary advisory committee?

    (a) Consultation with the Secretariat. The agency head must first 
consult with the Secretariat. As part of this consultation, agency 
heads should provide the Secretariat with a full understanding of the 
background and purpose behind the advisory committee, and the 
Secretariat should share its knowledge and experience with the agency.
    (b) Include required information in the consultation with the 
Secretariat. Consultations covering the establishment, renewal, 
reestablishment, or merger of advisory committees must, as a minimum, 
contain the following information:
    (1) Explanation of need. An explanation stating why the advisory 
committee is essential to the conduct of agency business and in the 
public interest or why it is necessary to merge one or more advisory 
committees;
    (2) Lack of duplication of resources. An explanation stating why 
the advisory committee's functions cannot be performed by the agency, 
another existing committee, or other means such as a public hearing or 
other methods of public engagement; and
    (3) Fairly balanced membership. A description of the agency's plan 
to attain fairly balanced membership, as appropriate based on the 
nature and functions of the advisory committee, as documented through 
the agency's Membership Balance Plan (MBP).
    (i) Points of view required. During the formation of the advisory 
committee membership and as membership vacancies occur, agencies should 
ensure that they fully consider and understand the potential 
implications or anticipated impacts of the advisory committee's 
potential recommendations. This includes consideration of the groups 
and entities potentially include persons with demonstrated professional 
or personal qualifications and experience relevant to the functions and 
tasks to be performed by the committee. The MBP shall describe the 
agency's conclusions regarding the points of view that would promote 
fairly balanced committee membership.
    (ii) Outreach. Having identified the points of view that would 
promote a fairly balanced advisory committee membership, agencies 
should conduct broad outreach to ensure that the call for nominees 
reaches the targets and stakeholder groups likely to possess those 
points of view. Agencies should further ensure outreach to racially, 
ethnically, culturally, economically, and otherwise diverse groups, as 
appropriate to the nature and functions of the advisory committee. The 
MBP shall describe the agency's intended outreach efforts to accomplish 
these goals.
    (iii) Selection. In the selection of members for the advisory 
committee and as membership vacancies occur, agencies shall ensure 
representation of persons with the points of view identified pursuant 
to this section that would promote a fairly balanced advisory committee 
membership. The MBP shall describe the agency's intended selection 
criteria and approach.
0
15. Revise Sec.  102-3.65 to read as follows:


Sec.  102-3.65   What are the public notification requirements for 
discretionary advisory committees?

    A notice to the public in the Federal Register is required when a 
discretionary advisory committee is established, renewed, or 
reestablished, or a new committee is established as the result of a 
merger of existing committees. The notices should be written in plain 
language and should not assume that the public has background knowledge 
or familiarity with an agency or the advisory committee. The agency is 
also strongly encouraged to make the notice available electronically in 
the languages represented by the affected communities on the agency's 
advisory committee website, if one exists, as well as use additional 
notification methods (such as an agency's social media accounts) to 
reach advisory committee stakeholders (such as professional trade or 
membership groups, civic groups, community-based organizations, ethnic 
media, representatives of affected stakeholder groups, and colleges and 
universities). Electronic notices must meet the requirements of Title 
VI and E.O. 13166, as well as obligations under section 508 of the 
Rehabilitation Act.
    (a) Procedure. Upon receiving notice from the Secretariat that its 
review is complete in accordance with Sec.  102-3.60(a), the agency 
must publish a notice in the Federal Register announcing that the 
advisory committee is being established (including due to a merger), 
renewed, or reestablished. When establishing a new advisory committee, 
the notice also must describe the nature and purpose of the advisory 
committee and affirm that the advisory committee is necessary and in 
the public interest.
    (b) Time required for notices. Notices of advisory committee 
establishment (including due to a merger) and reestablishment must 
appear at least 15 calendar days before the charter is filed, except 
that the Secretariat may approve less than 15 calendar days when 
requested by the agency in exceptional circumstances (such as a 
national emergency or natural disaster). This requirement for advance 
notice does not apply to advisory committee renewals, notices of which 
may be published concurrently with the filing of the charter.
0
16. Amend Sec.  102-3.70 by revising the introductory text, the 
introductory text of paragraph (a), and paragraphs (a)(3), (b), and (c) 
to read as follows:


Sec.  102-3.70  What are the charter filing requirements?

    No advisory committee may meet or take any action until a charter 
has been filed by the CMO or by another agency official designated by 
the agency head.
    (a) Requirement for discretionary advisory committees. To amend a 
charter, or establish (including due to a merger), renew, or 
reestablish a discretionary advisory committee, a charter must be filed 
with:
* * * * *
    (3) The Library of Congress; and
* * * * *
    (b) Requirement for non-discretionary advisory committees. Charter 
filing requirements for non-discretionary advisory committees are the 
same as those in paragraph (a) of this section, except that the date of 
establishment, renewal, or reestablishment for a Presidential advisory 
committee is the date the charter is filed with the Secretariat.
    (c) Requirement for subcommittees that report directly to the 
Government. Subcommittees that report directly to a Federal officer or 
agency must comply with this subpart and be chartered as a new advisory 
committee as they are no longer functioning as a subcommittee.
0
17. Revise Sec.  102-3.75 to read as follows:


Sec.  102-3.75   What information must be included in the charter of an 
advisory committee?

    Purpose and contents of an advisory committee charter. An advisory 
committee charter is intended to

[[Page 75257]]

provide a description of an advisory committee's mission, goals, and 
objectives. The charter must contain the following information:
    (a) The advisory committee's official designation (official name);
    (b) The legal authority that permits the advisory committee to be 
established;
    (c) The objectives and the scope of the advisory committee's 
activities;
    (d) A description of the duties for which the advisory committee is 
responsible and specification of the authority for any non-advisory 
functions;
    (e) The agency or Federal officer to whom the advisory committee 
submits its recommendations;
    (f) The agency responsible for providing the necessary support to 
the advisory committee, including the name of the President's delegate, 
agency, or organization responsible for fulfilling the reporting 
requirements of section 6(b) of the Act (codified at 5 U.S.C. 1005(b)), 
if appropriate;
    (g) The estimated annual costs to operate the advisory committee in 
dollars and person years (full time equivalents or FTE);
    (h) The role of the DFO;
    (i) The estimated number and frequency of the advisory committee's 
meetings;
    (j) The period of time necessary to carry out the advisory 
committee's purpose(s);
    (k) The planned termination date, if less than two years from the 
date of establishment of the advisory committee;
    (l) The estimated number of advisory committee members, the 
expertise or experience required, and the anticipated advisory 
committee member designations;
    (m) Whether subcommittees may be created, by whom, and how they 
operate under the chartered advisory committee;
    (n) The relevant recordkeeping disposition schedule(s); and
    (o) The date the charter is filed in accordance with Sec.  102-
3.70.
0
18. Revise Sec.  102-3.80 to read as follows:


Sec.  102-3.80   How are charter amendments accomplished?

    Responsibility and limitation. The agency head is responsible for 
amending the charter of an advisory committee. Amending any existing 
advisory committee charter does not constitute renewal of the advisory 
committee under Sec.  102-3.60. The procedures for making changes and 
filing amended charters will depend upon the authority basis for the 
advisory committee, as stated below:
    (a) Non-discretionary advisory committees. The agency head must 
ensure that any changes made to current charters are consistent with 
the relevant authority. When Congress by law, or the President by 
Presidential directive (e.g., E.O.), changes the authorizing language 
that has been the basis for establishing an advisory committee, the 
agency head or the chairperson of an independent Presidential advisory 
committee must amend those sections of the current charter affected by 
the new statute or Presidential directive (e.g., E.O.), and file the 
amended charter as specified in Sec.  102-3.70, and notify the public 
as specified in paragraph (c) of this section.
    (b) Discretionary advisory committees. The charter of a 
discretionary advisory committee must be amended when an agency head 
determines that provisions of a filed charter are inaccurate, specific 
provisions have changed or become obsolete with the passing of time, or 
advisory committees need to be merged. Amendments could also include 
changing the name of the advisory committee, advisory committee 
authority, number of members, estimated number or frequency of 
meetings, objectives and scope, duties, and estimated costs. The agency 
must amend the charter language as necessary and the agency must:
    (1) First consult with the Secretariat and explain the purpose of 
the changes and why they are necessary. The Secretariat will notify the 
agency when the consultation process is complete.
    (2) Upon receiving notice from the Secretariat that the 
consultation is complete, file the amended charter as specified in 
Sec.  102-3.70, and notify the public as specified in paragraph (c) of 
this section.
    (c) Public notification of charter amendments. Agencies must post 
an announcement and a copy of the charter amendment on the advisory 
committee website. If an advisory committee website is not available, 
the agency must publish a notice of amendment in the Federal Register. 
Federal Register notice publishing and website posting of charter 
amendments may be performed concurrently with the filing of the 
charter. The publishing requirement in the Federal Register does not 
apply to a non-discretionary advisory committee if the amendment was 
the result of a legislative change or Presidential directive.


Sec.  102-3.85   [Removed and Reserved]

0
19. Remove and reserve Sec.  102-3.85.

Appendix A to Subpart B of Part 102-3 [Removed]

0
20. Remove appendix A to subpart B of part 102-3.
0
21. Revise Sec.  102-3.90 to read as follows:


Sec.  102-3.90   What does this subpart cover and how does it apply?

    This subpart outlines specific responsibilities and functions to be 
carried out by the U.S. General Services Administration (GSA), the 
agency head, the CMO, and the DFO under the Act.
0
22. Revise Sec.  102-3.95 to read as follows:


Sec.  102-3.95  What principles apply to the management of advisory 
committees?

    Agencies are encouraged to apply the following principles to the 
management of their advisory committees:
    (a) Provide adequate support and access. Before establishing an 
advisory committee, agencies should identify requirements and ensure 
that adequate resources are available to support anticipated 
activities. Considerations related to support could include work and 
meeting space, necessary technology, supplies and equipment (e.g., 
adequate virtual meeting capabilities), Federal staff support, access 
to key decisionmakers, and member access to meetings (e.g., travel 
reimbursement). These considerations should also include support for 
access to communication modes that are inclusive of individuals with 
limited English proficiency or individuals with disabilities (e.g., 
adequate virtual meeting capabilities). These considerations should 
also include whether there are physical barriers to attending in-person 
meetings.
    (b) Practice openness. Agencies should seek to be as transparent, 
equitable, inclusive, and timely as possible when providing public 
access to advisory committee activities and materials. Agencies should 
minimize, to the extent possible, closing or partially closing 
meetings, and are encouraged where appropriate to open subcommittee 
meetings to the public. Agencies should also create public facing 
websites at both the agency and advisory committee level to help the 
public understand an agency's advisory committee program, and use 
additional notification methods, as appropriate, to reach advisory 
committee stakeholders, pursuant to section 10 of the Act (codified at 
5 U.S.C. 1009). Such websites must be in compliance with E.O. 13166, 
section 508 of the Rehabilitation Act, and the 21st Century Integrated 
Digital Experience Act (IDEA). Section 3(e) of 21st Century

[[Page 75258]]

IDEA requires any public Federal agency website created after December 
2018 to be in compliance with the website standards of the Technology 
Transformation Services of the General Services Administration [GSA]. 
IDEA, Public Law 115-336, 132 Stat. 5025;.
    (c) Promote diversity and inclusivity. Once the Federal advisory 
committee is formed, committee chairs and DFOs should foster a culture 
of diversity and inclusion by encouraging engagement, participation, 
and expression from all committee members and any members with 
dissenting opinions, as applicable.
    (d) Seek feedback. Agencies should continually seek feedback from 
advisory committee members and the public regarding the advisory 
committee's activities. At regular intervals, agencies should 
communicate to the members how their advice has affected agency 
programs and decision making and make this information available to the 
public.
0
23. Revise Sec.  102-3.100 to read as follows:


Sec.  102-3.100  What are the responsibilities and functions of GSA?

    (a) The responsibilities of the Administrator under section 7 of 
the Act (codified at 5 U.S.C. 1006) have been delegated by the 
Administrator to the Committee Management Secretariat within GSA's 
Office of Government-wide Policy.
    (b) The Secretariat carries out its responsibilities by:
    (1) Engaging in consultations with agencies on the establishment, 
re-establishment, renewal, merger, and termination of discretionary 
advisory committees;
    (2) Prescribing guidance applicable to advisory committees;
    (3) Assisting other agencies in implementing and interpreting the 
Act;
    (4) Conducting an annual comprehensive review of Government-wide 
advisory committee accomplishments, costs, benefits, and other 
indicators to measure performance;
    (5) Developing and providing Government-wide training regarding the 
Act and related statutes and principles;
    (6) Supporting the Interagency Committee on Federal Advisory 
Committee Management and FACA Attorney Council to improve compliance 
with the Act;
    (7) Designing and maintaining a FACA database to facilitate data 
collection, reporting, and use of information required by the Act;
    (8) Preparing regulations on Federal advisory committees;
    (9) Identifying performance measures that may be used to evaluate 
advisory committee accomplishments; and
    (10) Providing recommendations for transmittal by the Administrator 
to Congress and the President regarding proposals to improve 
accomplishment of the objectives of the Act.
0
24. Amend Sec.  102-3.105 by--
0
a. Revising the introductory text and paragraphs (a), (b) and (c);
0
b. Redesignating paragraphs (d) through (j) as paragraphs (f) through 
(l);
0
c. Adding new paragraphs (d) and (e);
0
d. Revising the newly designated paragraphs (f), (j), (k), and (l).
    The revisions and additions read as follows:


Sec.  102-3.105   What are the responsibilities of an agency head?

    When a committee is utilized by or established by an agency, the 
agency head must:
    (a) Comply with the Act, this part, and other applicable laws and 
regulations;
    (b) Issue administrative guidelines and management controls 
providing the details that advisory committee staff need to implement 
during the creation, operation, and termination of their Federal 
advisory committees;
    (c) Designate a CMO;
    (d) Designate a DFO for each advisory committee and its 
subcommittees;
    (e) Approve the advisory committee charters for establishments, 
renewals, re-establishments, or mergers;
    (f) Provide a written determination stating the reasons for closing 
any advisory committee meeting to the public, in whole or in part, in 
accordance with the exemptions set forth in the Government in the 
Sunshine Act, 5 U.S.C. 552b(c);
* * * * *
    (j) Assure that the interests and affiliations of committee members 
are reviewed for conformance with applicable conflict of interest 
statutes, regulations issued by the U.S. Office of Government Ethics 
including any supplemental agency requirements, and other Federal 
ethics rules;
    (k) Appoint or invite individuals to serve on committees, unless 
otherwise provided for by a specific statute or Presidential directive; 
and
    (l) Provide the opportunity for reasonable participation, including 
accessibility considerations, by the public in advisory committee 
activities, subject to Sec.  102-3.140 and the agency's guidelines.
0
25. Amend Sec.  102-3.110 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  102-3.110   What are the responsibilities of a chairperson of an 
independent Presidential advisory committee?

* * * * *
    (a) Comply with the Act, this part, and other applicable laws and 
regulations;
    (b) Consult with the Secretariat concerning the designation of a 
CMO and DFO; and
* * * * *
0
26. Amend Sec.  102-3.115 by--
0
a. Revising section heading and introductory text;
0
b. Removing from paragraph (b) ``Sec.  102-3.175(b)'' and adding 
``Sec.  102-3.175(b)'' in its place; and
0
c. Removing from paragraph (d) ``Sec.  102-3.105'' and adding ``Sec.  
102-3.105(f)'' in its place.
    The revisions read as follows:


Sec.  102-3.115   What are the responsibilities and functions of an 
agency CMO?

    In addition to implementing the provisions of section 8(b) of the 
Act (codified at 5 U.S.C. 1007(b)), the CMO will carry out all 
responsibilities delegated by the agency head and manage the agency 
FACA program. Management includes consulting with the Secretariat on 
Federal advisory committees, as delegated by the agency head; tracking 
charter establishments, renewals, re-establishments, mergers, 
amendments, and terminations; coordinating the agency Annual 
Comprehensive Review within their agency and with the Secretariat; 
providing training for agency staff supporting the FACA program; 
working with GFOs, as appropriate, and DFOs; and attending GSA 
government-wide FACA training and Interagency Committee on Federal 
Advisory Committee Management meetings. The CMO should create and 
maintain a public facing CMO website to further the public's 
understanding of the agency's FACA program. The CMO also should ensure 
that sections 10(b), 12(a), and 13 of the Act (codified at 5 U.S.C. 
1009(b), 1011(a), and 1012, respectively) are implemented by the agency 
to provide for appropriate recordkeeping. Records to be kept by the CMO 
include, but are not limited to--
* * * * *
0
27. Revise Sec.  102-3.120 to read as follows:


Sec.  102-3.120   What are the responsibilities and functions of a DFO?

    (a) The agency head or, in the case of an independent Presidential 
advisory committee, the Secretariat, must designate a Federal officer 
or employee who must be either full-time or permanent part-time, to be 
the DFO for

[[Page 75259]]

each advisory committee and its subcommittees, who must:
    (1) Ensure that their committee activities comply with the Act, 
this part, their agency administrative procedures, and any other 
applicable laws and regulations;
    (2) Approve or call all meetings of the advisory committee or 
subcommittee;
    (3) Approve the agenda, except that this requirement does not apply 
to a Presidential advisory committee;
    (4) Attend all advisory committee and subcommittee meetings for 
their duration;
    (5) Fulfill the requirements under section 10(b) of the Act 
(codified at 5 U.S.C. 1009(b));
    (6) Adjourn any meeting when he or she determines it to be in the 
public interest;
    (7) Chair any meeting when so directed by the agency head;
    (8) Maintain information on advisory committee activities and 
provide such information to the public, as applicable; and
    (9) Ensure advisory committee members and subcommittee members, as 
applicable, receive the appropriate training (e.g., FACA overview, 
ethics training) for efficient operation and compliance with the Act 
and this part.
    (b) The DFO should ensure a public facing website is created and 
maintained (that complies with the requirements of section 508 of the 
Rehabilitation Act of 1973) for each advisory committee, and include 
information such as: the advisory committee charter; relevant laws, 
regulations, and guidance; advisory committee member rosters and 
subcommittee member rosters, as applicable; Federal Register notices; 
meeting information (such as agendas, meeting materials, and minutes); 
reports and recommendations; and any other information that would 
increase the transparency and public understanding of advisory 
committee functions and activities and assist in fulfilling the 
requirements under section 10(b) of the Act (codified at 5 U.S.C. 
1009(b)).
0
28. Revise Sec.  102-3.125 to read as follows:


Sec.  102-3.125   What is required to be included in an agency's 
administrative guidelines to implement an advisory committee?

    An agency's administrative guidelines provide the details that 
advisory committee staff need to implement FACA requirements during the 
creation, operation, and termination of their advisory committees.
    (a) Advisory committee bylaws. Advisory committee bylaws should be 
developed by the agency, with advisory committee input and buy-in. 
Agency guidelines should specify the content of bylaws and ensure that 
they provide clear operating procedures for advisory committee 
meetings, other committee activities, and the relationship between 
committee members, the DFO, and agency staff.
    (b) Advisory committee costs. Agency guidelines must:
    (1) Provide instructions on how to identify, calculate, and fully 
document advisory committee costs; and
    (2) Ensure agency committee cost records match the data reported to 
Congress and the public through the FACA database.
0
29. Revise Sec.  102-3.130 to read as follows:


Sec.  102-3.130   What policies apply to the appointment, and 
compensation or reimbursement of advisory committee members?

    In developing guidelines to implement the Act, this part, and other 
applicable laws and regulations at the agency level, agency heads 
should address the following issues:
    (a) Appointment and terms of advisory committee members. Unless 
otherwise provided by statute, Presidential directive, or other 
establishment authority, advisory committee members serve at the 
pleasure of the appointing or inviting authority. Membership terms are 
at the sole discretion of the appointing or inviting authority. Agency 
heads are encouraged to set member term limits, where possible, so that 
agencies continually ensure the committee is fairly balanced throughout 
the life of the advisory committee.
    (b) Compensation of advisory committee members. Agencies are not 
required to pay and are not prohibited from paying their advisory 
committee members, unless required to or prohibited from doing so by 
statute or Presidential authority. In determining the rate of 
compensation (per Sec.  102-3.105(h)) the agency head may establish 
appropriate rates of pay (including any applicable locality pay 
authorized by the President's Pay Agent under 5 U.S.C. 5304(h)) not to 
exceed the rate for level IV of the Executive Schedule under 5 U.S.C. 
5315, unless a higher rate expressly is allowed by another statute. The 
agency may pay advisory committee members on either an hourly or a 
daily rate basis. The agency may not provide additional compensation in 
any form, such as bonuses or premium pay.
    (c) Other compensation considerations. In establishing rates of pay 
for advisory committee members, the agency must comply with any 
applicable statutes, E.O.s, regulations, and administrative guidelines. 
In determining an appropriate rate of basic pay for advisory committee 
members, an agency must give consideration to the significance, scope, 
and technical complexity of the matters with which the advisory 
committee is concerned, and the qualifications required for the work 
involved.
    (d) Federal employees assigned to an advisory committee. Federal 
employees serving as either an advisory committee member or as a staff 
person remain covered during the assignment by the compensation system 
of their employing agency. Federal employees serving as an advisory 
committee member or as a staff person must first obtain both the 
approval of their direct supervisor and the respective committee's DFO 
prior to serving in either capacity.
    (e) Other appointment considerations. Any advisory committee staff 
person who is not a current Federal employee must be appointed in 
accordance with applicable agency procedures, in consultation with the 
DFO, and, as appropriate, the members of the advisory committee 
involved.
    (f) Travel expenses. Advisory committee members, while engaged in 
the performance of their duties away from their homes or regular places 
of business, may be allowed reimbursement for travel expenses, 
including per diem, per the rates established for employees by the 
Administrator of General Services at 5 U.S.C. 5702.
    (g) Services for advisory committee members with disabilities. 
While performing advisory committee duties, an advisory committee 
member with disabilities may be provided services by a personal 
assistant as those that may be provided to employees per 5 U.S.C. 3102. 
Additional accommodations should be discussed in order to maximize 
accessibility, including technology, per section 508 of the 
Rehabilitation Act.

Appendix A to Subpart C of Part 102-3 [Removed]

0
30. Remove appendix A to subpart C of part 102-3.
0
31. Revise Sec.  102-3.140 to read as follows:


Sec.  102-3.140   What policies apply to advisory committee meetings?

    (a) The agency head for a discretionary or non-discretionary 
advisory committee established or utilized by that agency, or the 
chairperson for an independent

[[Page 75260]]

Presidential advisory committee, must ensure that:
    (1) Each advisory committee meeting is held at a reasonable time 
and in a manner or place accessible to the public and includes 
consideration of affected communities, as appropriate, as well as 
facilities or technology that are readily accessible to and usable by 
persons with disabilities, consistent with the requirements set forth 
in section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 
794;
    (2) The physical meeting room is sufficient to accommodate advisory 
committee members, advisory committee or agency staff, and a reasonable 
number of interested members of the public. If electronic forums are 
used, agencies should opt for technology features that are compliant 
with section 508 of the Rehabilitation Act, accommodate advisory 
committee members, advisory committee or agency staff, and allow for 
maximum participation by members of the public, as appropriate;
    (3) Any member of the public is permitted to file a written 
statement with the advisory committee, whether or not the statement is 
related to a specific meeting;
    (4) Any member of the public may speak to or otherwise address the 
advisory committee if the agency's guidelines so permit; and
    (5) Any advisory committee meeting conducted in whole or part 
through any electronic medium (such as a teleconference or through a 
virtual platform) meets the requirements of this subpart.
    (b) The Federal Register notices, agendas, and supporting materials 
should be posted on the agency advisory committee website (if one 
exists) as soon as they are available or at the time they are provided 
to the advisory committee members.
0
32. Revise Sec.  102-3.145 to read as follows:


Sec.  102-3.145   What policies apply to subcommittee meetings?

    If a subcommittee provides advice or recommendations directly to a 
Federal officer or agency, or if its advice or recommendations will be 
adopted by the parent advisory committee without further deliberations 
by the parent advisory committee, then the subcommittee's meetings must 
be conducted in accordance with the requirements of this subpart.
0
33. Revise Sec.  102-3.150 to read as follows:


Sec.  102-3.150   How are advisory committee meetings announced to the 
public?

    (a) A notice in the Federal Register must be published at least 15 
calendar days prior to an advisory committee meeting, which includes:
    (1) The name of the advisory committee (or subcommittee, if 
applicable);
    (2) The time, date, physical place (and/or instructions to connect 
electronically), and purpose of the meeting;
    (3) Whether meeting registration is required;
    (4) A summary of the agenda, and/or topics to be discussed and 
instructions on how to access meeting materials;
    (5) A statement whether all or part of the meeting is open to the 
public or closed; if the meeting is closed in whole or in part, state 
the reasons why, citing the specific exemption(s) of the Government in 
the Sunshine Act, 5 U.S.C. 552b(c);
    (6) Instructions for submitting written comments, and oral comments 
if permitted;
    (7) Instructions on how to submit a request for physical meeting or 
electronic meeting accommodations consistent with the requirements of 
E.O. 13166 and section 508 of the Rehabilitation Act (29 U.S.C. 794d), 
as amended; and
    (8) The name and telephone number (or email) of the DFO or other 
responsible agency official, or agency electronic mailbox for the 
committee, to contact for additional information concerning the 
meeting.
    (b) In exceptional circumstances, such as a national emergency or 
natural disaster, the agency or an independent Presidential advisory 
committee may give less than 15 calendar days notice, provided that the 
reasons for doing so are included in the advisory committee meeting 
notice published in the Federal Register.
    (c) In addition to the Federal Register, and consistent with 
standard agency practice, agencies should announce meetings through 
additional notification methods, such as websites and social media, to 
reach committee stakeholders.
0
34. Amend Sec.  102-3.155 by revising the introductory text and 
paragraphs (a), (b), and (c) to read as follows:


Sec.  102-3.155   How are advisory committee meetings closed to the 
public?

    To close all or part of an advisory committee meeting, the DFO 
must:
    (a) Obtain prior approval. Submit a request to the agency head, or 
in the case of an independent Presidential advisory committee, the 
Secretariat, citing the specific exemption(s) of the Government in the 
Sunshine Act, 5 U.S.C. 552b(c), that justifies the closure. The request 
must provide the agency head or the Secretariat sufficient time 
(generally, 30 calendar days) to review the matter in order to make a 
determination before publication of the meeting notice required by 41 
CFR 102-3.150;
    (b) Seek General Counsel review. The Office of the General Counsel 
(or equivalent legal office) of the agency or, in the case of an 
independent Presidential advisory committee, GSA's Office of the 
General Counsel, should review all requests to close meetings;
    (c) Obtain agency determination. If the agency head, or in the case 
of an independent Presidential advisory committee, GSA, finds that the 
request is consistent with the provisions of the Government in the 
Sunshine Act and FACA, the appropriate agency official must issue a 
determination that all or part of the meeting will be closed; and
* * * * *
0
35. Amend Sec.  102-3.160 by revising paragraphs (a) and (b) to read as 
follows:


Sec.  102-3.160   What activities of an advisory committee are not 
subject to the notice and open meeting requirements of the Act?

* * * * *
    (a) Preparatory work. Meetings of two or more advisory committee or 
subcommittee members convened solely to gather information, conduct 
research, or analyze relevant issues and facts in preparation for 
deliberation by advisory committee or subcommittee members in a public 
meeting of the advisory committee or subcommittee. These meetings to 
conduct preparatory work do not include deliberation among advisory 
committee or subcommittee members; and
    (b) Administrative work. Meetings of two or more advisory committee 
or subcommittee members convened solely to discuss administrative 
matters of the advisory committee or subcommittee (such as meeting 
logistics) or to receive administrative information from a Federal 
officer or agency (such as a briefing on ethics or FACA procedural 
requirements).
0
36. Amend Sec.  102-3.165 by revising paragraphs (b)(1) and (4) and (c) 
to read as follows:


Sec.  102-3.165   How are advisory committee meetings documented?

* * * * *
    (b) * * *
    (1) The time, date, and place (or electronic format) of the 
advisory committee meeting;
* * * * *

[[Page 75261]]

    (4) Copies of each report or other materials received, issued, or 
approved by the advisory committee at the meeting.
    (c) The DFO must ensure that minutes are certified for accuracy by 
the chairperson within 90 calendar days of the meeting to which they 
relate. Agencies should post the meeting minutes on the agency advisory 
committee website (if one exists) not later than 14 calendar days after 
the meeting minutes have been certified.
0
37. Revise Sec.  102-3.170 to read as follows:


Sec.  102-3.170  How does an interested party obtain access to advisory 
committee records?

    Timely access to advisory committee records is an important element 
of the public access requirements of the Act. Section 10(b) of the Act 
(codified at 5 U.S.C. 1009(b)) provides for the contemporaneous 
availability of advisory committee records that, when taken in 
conjunction with the ability to attend committee meetings, provide a 
meaningful opportunity to comprehend fully the work undertaken by the 
advisory committee. Although advisory committee records may be withheld 
under the provisions of the Freedom of Information Act (FOIA) if there 
is a reasonable expectation that the records sought fall within the 
exemptions contained in 5 U.S.C. 552(b), agencies may not require 
members of the public or other interested parties to file requests for 
non-exempt advisory committee records under the request and review 
process established by 5 U.S.C. 552(a)(3).
0
38. Revise Sec.  102-3.175 to read as follows:


Sec.  102-3.175   What are the reporting and recordkeeping requirements 
for an advisory committee?

    (a) Presidential advisory committee follow-up report. Within one 
year after a Presidential advisory committee has submitted a public 
report to the President, a follow-up report required by section 6(b) of 
the Act (codified at 5 U.S.C. 1005(b)) must be prepared and transmitted 
to the Congress detailing the disposition of the advisory committee's 
recommendations. These reports are prepared and transmitted to the 
Congress as directed by the President, either by the President's 
delegate, by the agency responsible for providing support to a 
Presidential advisory committee, or by the responsible agency or 
organization designated in the charter of the Presidential advisory 
committee pursuant to Sec.  102-3.75(f).
    (b) Annual comprehensive review of Federal advisory committees. Per 
section 7(b) of the Act (codified at 5 U.S.C. 1006(b)), GSA is required 
to conduct an Annual Comprehensive Review (ACR) of the activities and 
responsibilities of each Federal advisory committee that was in 
existence during any part of a Federal fiscal year. The Secretariat 
initiates this review, provides guidance to the agencies and 
departments on how to conduct the review, and closes out the ACR when 
all reviews have been completed. Federal agencies are responsible for 
reporting data on each advisory committee, such as its purpose, 
performance measures, subcommittees (if applicable), meeting, 
membership, and cost, into the GSA FACA database. CMOs, DFOs, and other 
responsible agency officials, such as GFOs, enter this data for the 
advisory committees they are responsible for in their agency. The FACA 
database provides transparency to the public on the activities of 
Federal advisory committees government-wide. The database is also used 
by Congress to perform oversight of the FACA program, and by the 
general public, the media, and others to stay abreast of important 
developments resulting from Federal advisory committee activities.
    (c) Annual report of closed or partially closed meetings. In 
accordance with section 10(d) of the Act (codified at 5 U.S.C. 
1009(d)), advisory committees holding closed or partially closed 
meetings must issue reports at least annually, setting forth a summary 
of activities and such related matters as would be informative to the 
public consistent with the policy of 5 U.S.C. 552(b).
    (d) Advisory committee reports. Subject to 5 U.S.C. 552, copies of 
each report made by an advisory committee, including any report of 
closed or partially closed meetings as specified in paragraph (c) of 
this section and, where appropriate, background papers prepared by 
experts or consultants, must be filed with the Library of Congress as 
required by section 13 of the Act (codified at 5 U.S.C. 1012) for 
public inspection and use.
    (e) Advisory committee records. Official records generated by or 
for an advisory committee must be retained for the duration of the 
advisory committee. Upon termination of the advisory committee, the 
records must be processed in accordance with the Federal Records Act, 
44 U.S.C. Chapters 21, 29-33, and regulations issued by the National 
Archives and Records Administration (see 36 CFR parts 1220, 1222, 1228, 
and 1234), or in accordance with the Presidential Records Act, 44 
U.S.C. Chapter 22.

Appendix A to Subpart D of Part 102-3 [Removed]

0
39. Remove appendix A to subpart D of part 102-3.
0
40. Revise Sec.  102-3.180 to read as follows:


Sec.  102-3.180   What does this subpart cover and how does it apply?

    This subpart provides guidance to agencies on compliance with 
section 15 of the Act (codified at 5 U.S.C. 1014). Section 15 
establishes requirements that apply only in connection with a funding 
or other written agreement involving an agency's use of advice or 
recommendations provided to the agency by the National Academy of 
Sciences (NAS) or the National Academy of Public Administration (NAPA), 
if such advice or recommendations were developed by use of a committee 
created by either academy. For purposes of this subpart, NAS also 
includes the National Academy of Engineering, the National Academy of 
Medicine, and the National Research Council. Except with respect to NAS 
committees that were the subject of judicial actions filed before 
December 17, 1997, no part of the Act other than section 15 applies to 
any committee created by NAS or NAPA.
0
41. Revise Sec.  102-3.185 to read as follows:


Sec.  102-3.185   What does this subpart require agencies to do?

    (a) Section 15 requirements. An agency may not use any advice or 
recommendation provided to an agency by NAS or NAPA under an agreement 
between the agency and an academy, if such advice or recommendation was 
developed by use of a committee created by either academy, unless:
    (1) The committee was not subject to any actual management or 
control by an agency or officer of the Federal Government; and
    (2) In the case of NAS, the academy certifies that it has complied 
substantially with the requirements of section 15(b) of the Act 
(codified at 5 U.S.C. 1014(b)); or
    (3) In the case of NAPA, the academy certifies that it has complied 
substantially with the requirements of sections 15(b) (1), (2), and (5) 
of the Act (codified at 5 U.S.C. 1014(b)(1), (2), and (5), 
respectively).
    (b) No agency management or control. Agencies must not manage or 
control the specific procedures adopted by each academy to comply with 
the requirements of section 15 of the Act (codified at 5 U.S.C. 1014) 
that are applicable to that academy. In addition, however, any 
committee created and

[[Page 75262]]

used by an academy in the development of any advice or recommendation 
to be provided by the academy to an agency must be subject to both 
actual management and control by that academy and not by the agency.
    (c) Funding agreements. Agencies may enter into contracts, grants, 
and cooperative agreements with NAS or NAPA that are consistent with 
the requirements of this subpart to obtain advice or recommendations 
from such academy. These funding agreements require, and agencies may 
rely upon, a written certification by an authorized representative of 
the academy provided to the agency upon delivery to the agency of each 
report containing advice or recommendations required under the 
agreement that:
    (1) The academy has adopted policies and procedures that comply 
with the applicable requirements of section 15 of the Act (codified at 
5 U.S.C. 1014); and
    (2) To the best of the authorized representative's knowledge and 
belief, these policies and procedures substantially have been complied 
with in performing the work required under the agreement.

Appendix A to Subpart E of Part 102-3 [Removed]

0
42. Remove appendix A to subpart E of part 102-3.
0
43. Add Subpart F, consisting of Sec.  102-3.190, to read as follows:

Subpart F--Severability


Sec.  102-3.190   What portions of this part are severable?

    All provisions of this part are separate and severable from one 
another. If any provision is stayed or determined to be invalid, it is 
GSA's intention that the remaining provisions shall continue in effect.

[FR Doc. 2023-24181 Filed 10-31-23; 4:15 pm]
BILLING CODE 6820-14-P