# TABLE OF CONTENTS

**Page**

**Introduction 4**

Brief Overview of Relevant Laws, Regulations, Policy Documents and
Executive Orders 5

Federal Advisory Committee Act 5

Government in the Sunshine Act 5

Public Health Service Act (PHS) 6

Privacy Act 6

Freedom of Information Act 6

Negotiated Rulemaking Act 6

FACA Final Rule 6

HHS Chapter 9.00 General Administration Manual (GAM) 7

######### Executive Order 12024 7

##### Executive Order 12838 7

**Definitions 8**

**PART I: Roles and Responsibilities 16**

Department Committee Management Officer 16

Agency Committee Management Officer 16

Designated Federal Official 18

Chair 18

Member 19

**PART II: Charters 20**

Establishment of a New Advisory Committee 20

> Renewal/Recharter 22
>
> Amendment 23
>
> Termination/Abolition of Committee Charters 23

**PART III: Nominations/Selections/Appointments 25**

Locating Prospective Members 25

Availability & Waivers 25

Vacancies 26

Advance Review of Proposed Nominees 26

Selection 26

Letters of Invitation/Acceptances 27

Appointment Procedures 28

Personnel Forms/HHS 532 28

Orientation of new members 29

Consumer Representative Members 29

Letters and Certificates of Appreciation 29

**PART IV: Meetings 30**

Before the meeting 30

During the meeting 32

DFO Responsibilities 32

Public Participation 33

After the meeting 33

**PART V: Reports/Records/Minutes/Transcripts 34**

Reports

-   Annual Report on Closed Meetings 34

-   Reports Annual Comprehensive Review 34

-   Report Presidential Advisory Committee Recommendations 34

## Report of Scheduled Vacancies 34

-   Annual Report on Female/Minority Data 35

-   Annual Ethics Report 35

-   Other special reports as required

Minutes/Transcripts 35

Public Access to Records 36

Record Maintenance and Disposal 36

######## PART VI: Illustrations 37

Action Memorandum

-   Request to Establish a Committee 38-39

-   Request for Renewal/Recharter 40

-   Request to Amend a Charter 41

-   Notice of Termination 68

-   Request Abolition of a Committee 69

-   Recommending Nominees 70-71

Charters

-   Charter for a new committee 42-45

-   Amended Charter 65-66

Charter Package Documents

## Formal Determination 46

-   Finding 47

####### Delegation of Authority 50

-   Financial Operating Plan Instructions & form 51-61

-   Proposed Plan for Appropriate Balance of Membership 62

-   Notice of Renewal 49

-   Notice of Recharterting 48

-   Filing Letters & Instructions 63-64

-   Amended Charter Filing Letter 67

######### 

#########  Nomination Package Documents

-   Professional Area Breakdown (PAB) 72

-   Letter of Invitation 73

-   Letter of Reappointment 74

-   Acknowledgement of Invitation 75

-   Letter of Appreciation 76-77

> Waiver of Compensation 78

INTRODUCTION

The Committee Management Handbook, originally compiled in 1983, is
designed to provide guidance and general information to those persons
who are new to the field of committee management. Due to changes in the
field and new laws, we have revised and updated the handbook to provide
current information on committee management. In the new edition, you
will notice the use of recent language/jargon and fresh examples and
illustrations. In addition, you will notice a change in the format for
submitting documents to the Department Committee Management Office. This
handbook is intended to be used as a reference in preparing the
necessary material and documents needed to establish or renew a
committee, appoint committee members, schedule and conduct Federal
advisory committee meetings, prepare reports and maintain records.

This handbook was made possible by the following work group: Marie
Absher, The Department Committee Management Officer; Burma Burch, CDC;
Dorothy Colbert, CMS; Toian Vaughn, SAMHSA; Marilyn Foreman, HRSA;
LaVerne Stringfield, NIH; Debbie Grant, OWHL; Regina Schofield, OWHL;
Ginney Gunderson, OWHL; Jameson Van Riper, OWHL; Anna Snouffer, NIH;
OGC; and Shkeda Johnson, HHS Emerging Leader/Fellow.

We express sincere appreciation to all those who contributed to the
development of the Handbook. Special recognition and appreciation goes
to Shkeda Johnson, our Emerging Leader/Fellow, for the work she did in
researching and compiling the handbook. We also extend special thanks to
Anna Snouffer for her insight and assistance in the development of the
handbook.

It is our hope that this Handbook will be a helpful tool to users as
they carry out their responsibilities for the establishment and
operation of the Department's Federal Advisory Committees.

> Marie Absher

*Department Committee Management Officer*

> *January 2003*

# 

# 

# Brief Overview of Relevant Laws, Regulations, Policy Documents, and Executive Orders

Listed below are the laws, regulations, and other documents that govern
Federal advisory committees.

A.  FEDERAL ADVISORY COMMITTEE ACT (FACA)  Public Law 92-463

This law was passed on October 6, 1972.  Because of the numerous
committees advising the Federal Government, Congress decided to
establish a system to govern the creation, operation, and duration of
advisory committees in the Executive Branch of the Federal Government.  

Specifically, Congress determined that:

> 1\. the need for many existing committees had not been reviewed;

2.  new committees should be established only when determined to be
    essential;

3.  committees should be terminated when they are no longer needed;

4.  there should be standard and uniform procedures governing the
    operation of committees;

5.  Congress and the public should be kept informed of the number,
    purpose, membership activities, and costs of advisory committees;
    and

6.  the function of advisory committees should be advisory only.

In order to accomplish this, the FACA outlines general responsibilities
of Federal Officials involved with committee management and broad
guidelines for the operation of advisory committees.

B.  GOVERNMENT IN THE SUNSHINE ACT Public Law 94-409

This is an amendment to FACA in which the rights of citizens to
participate and obtain information on the decision making process of the
Federal Government is balanced with protecting the rights of the
individual.  In one section of the Act, exemptions are listed for
closing or partially closing advisory committee meetings to the public. 
The exemptions most applicable to the Department are as follows:

1.  5 U.S.C. 552 b (c) (4) The fourth exemption, applies to "trade
    secrets and commercial or financial information obtained from a
    person, privileged or confidential." It is most reasonably used
    where it can clearly be determined that [potentially
    patentable]{.underline} information would be disclosed.

> 2\. 5 U.S.C. 552 b (c) (6) The sixth exemption applies to "information
> of a personal nature where disclosure would constitute a clearly
> unwarranted invasion of personal privacy." It is used to protect the
> personal privacy of identifiable individuals. One example of its use
> is where applications are being reviewed, and the information to be
> disclosed would relate to an individual's personal or professional
> qualifications or characteristics.

C. PUBLIC HEALTH SERVICE ACT (PHS) Title 42, United States Code

The creation of National Advisory Councils, Initial Review Groups and
several other Federal advisory committees are prescribed in the Public
Health Service Act.  The PHS specifically mandates the establishment,
function, membership, and duration of these advisory committees.  The
PHS Act also details many areas including the structure, funding, roles
and responsibilities of Federal staff.  The PHS Act authorizes the
Secretary and Agency Heads to establish advisory committees as necessary
in some cases.

D. PRIVACY ACT  Public Law 93-574 

Congress found that in order to protect the privacy of individuals
identified in information systems maintained by Federal agencies, it was
necessary to regulate the collection, maintenance, use, and
dissemination of information collected by such agencies.  The purpose of
the Privacy Act is to provide safeguards for an individual against an
invasion of personal privacy.  Records of members of advisory committees
are subject to The Privacy Act. 

E.  FREEDOM OF INFORMATION ACT  Public Law 104-231 

The Freedom of Information Act sets standards for determining which
records held by Government agencies must be made available to the public
and which records may be withheld. 

F. NEGOTIATED RULEMAKING ACT Public Law 101-648

The Negotiated Rulemaking Act provides for the creation of negotiated
rulemaking committees, which are advisory committees subject to the FACA
that consider and discuss issues for the purpose of reaching a consensus
in the development of a proposed rule. The Negotiated Rulemaking Act has
provisions concerning the determination of need for a negotiated
rulemaking committee, publication of notice, applications for
membership, establishment, conduct of committee activity, termination,
services, facilities, and payment of committee member expenses.

G. FACA FINAL RULE  41 CFR Part 101-6

The Final Rule is an administrative document that provides interpretive
guidelines for the Federal Advisory Committee Act (FACA).  For example,
the FACA states that meetings must be announced in the Federal
Register.  The Final Rule provides administrative guidance by adding a
timeframe for the announcement of these meetings.  Currently, it states
that meetings must be advertised at least 15 days before the meeting.

H.  HHS CHAPTER 9-00 GENERAL ADMINISTRATION MANUAL (GAM)

The General Administration Manual was developed by the Department to
define HHS policies on charter establishments, renewal/recharter,
charter amendments, and termination of advisory committees; the
nomination and appointment of committee members; the roles and
responsibilities of Federal staff involved with the operation of
committees, conflict of interest, confidentiality, procurement
integrity, and ethical conduct of committee members; the conduct of
committee business; and advisory committee reports.

I. EXECUTIVE ORDER 12024

Signed by President Jimmy Carter on December 1, 1977, transferring
certain functions under the Federal Advisory Committee Act as amended
from the Office of Management and Budget to the General Services
Administration.

J. EXECUTIVE ORDER 12838

Signed by President Clinton on February 10, 1993, ordering the reduction
of Federal advisory committees within the Executive Branch and limiting
the establishment of new committees.

# 

# DEFINITIONS

[Acknowledgement of Invitation]{.underline} -- The form used by the
candidate to indicate acceptance or declination of the Secretary's or
designated official's invitation to serve on a Federal advisory
committee.

[Ad Hoc Committee]{.underline} -- A Federal advisory committee that has
an expected duration of twelve (12) months or less.

[Advisory Committee Member]{.underline} -- An individual who is
retained, designated, appointed, or employed to serve on an advisory
committee, with or without compensation. Each member has the full right
and obligation to participate in the activities of the committee,
including voting on committee recommendations. Most advisory committee
members are usually appointed as Special Government Employees (SGE).
Hiring committee members, as consultants, will be handled on a
case-by-case basis.

[Agency Committee Management Officer]{.underline} (CMO) -- The employee
in the agency who coordinates all facets of committee management for the
entire OPDIV or STAFFDIV under the direction of the Department Committee
Management Officer. A CMO may also be referred to as a Government
Federal Officer (GFO).

[Attendance log --]{.underline} Record of all persons who attend all or
part of a committee meeting. This listing will be included in the
summary of minutes of the meeting.

[Authority --]{.underline} The right, which is reserved by the
Secretary, Presidential directive, or statute, to establish a Federal
advisory committee.

[Authorized by Law]{.underline} -- Legislation that authorizes but does
not direct the President or an agency to establish a committee. (See
Discretionary Advisory Committee)

[Board of Scientific Counselors]{.underline} -- The principal external
review committee for the intramural programs, which is utilized by the
various Bureaus, Centers, Institutes and Research Divisions. The Board
consults and advises on the quality of scientists and the research
programs.

[Budget Officer or Representative]{.underline} -- A Department employee
who provides the official budgetary and financial cost information
regarding operation of a Federal advisory committee.

[Chair]{.underline} -- Individual appointed to preside at committee
meetings and ensure that all rules of order and conduct are maintained
during each session.

[Closed Meeting]{.underline} -- A meeting held to review, discuss, and
deliberate confidential data and documents, which are prohibited from
public disclosure.

[Committee Management Secretariat (CMS)]{.underline} -- The office,
within the General Services Administration (GSA), responsible for all
matters relating to advisory committees in the Federal Government.

[Conflict of Interest]{.underline} -- Use of the committee office by a
member which appears to be or is motivated by a private gain for
him/herself or other person(s), particularly those with whom he or she
has family, business, or financial ties. (HHS Standards of Conduct, 45
CFR, Part 73.)

[Consultant]{.underline} -- A person who serves on a specific Federal
advisory committee on an intermittent basis to provide specialized
knowledge.

[Consumer Representative]{.underline} -- A technically qualified
committee member who is identified as having consumer interests. This
member is recommended either by a consortium of consumer-oriented
organizations or other interested persons.

[Delegation of Authority]{.underline} -- A document approved by the
Secretary which authorizes a Department official to: 1) select and
invite members to serve on a committee; 2) renew, recharter, amend, and
terminate a committee; and 3) approve waiver of Department policy
regarding membership restrictions.

[Department Committee Management Officer]{.underline} -- The HHS
employee who provides leadership, direction, and assistance to HHS
officials and Agency Committee Management Officers in the preparation
and management of Federal advisory committees.

[Department Committee Management Office]{.underline} -- This office
formulates and oversees the implementation of Department policies, laws,
regulations and procedures governing committee management activities.

[Designated Federal Official (DFO)]{.underline} -- The DFO is
responsible for the Committee\'s overall management and administrative
matters. The DFO must be present at all advisory committee meetings. The
DFO may sometimes be referred to as an Executive Secretary, Executive
Director, or Scientific Review Administrator.

[Discretionary Advisory Committee]{.underline} -- A Discretionary
Advisory Committee, sometimes referred to as a non-Statutory Advisory
Committee is authorized by law and established at the discretion of the
Secretary or other authorized Federal official. Establishment may
require consultation with GSA.

[Disqualification]{.underline} -- Refers to conflict of interest,
prohibiting a member from providing advice on matters which have a
direct or indirect effect on the member\'s organizational, institutional
or financial interests.

[Establishing Authority]{.underline} -- The law, authorizing
establishment of a Federal advisory committee.

[Establishment Date]{.underline} -- The date the committee\'s charter is
filed with the appropriate standing committee of the Senate, House of
Representatives and the Library of Congress. It is the same as the date
of the transmittal letter and remains the same throughout the
committee\'s existence; may also be referred to as filing date.

The establishment date for committees established by Executive Order is
the date the charter is received by the Director, Committee Management
Secretariat, and GSA.

[Executive Secretary/Executive Director]{.underline} -- (See Designated
Federal Official)

[Ex Officio Member]{.underline} -- A Federal official who serves as a
committee member and possesses expertise in the subject matter. This
member has full voting rights unless prohibited by statute or restricted
by the committee charter.

[Expert]{.underline} -- A person with excellent qualifications in a
professional, scientific, technical or other field, who is regarded as
an authority or a practitioner of unusual competence and skill by other
persons in the profession, occupation, or activity.

[Federal Advisory Committee]{.underline} -- Any committee, board,
commission, council, conference, panel task force, initial review group,
special emphasis panel, working or other similar group which is not
composed entirely of full-time officers or employees of the Federal
Government. This committee is established or utilized by a department or
agency to advise or make recommendations on matters relating to the
programs, responsibilities, or activities of the department or agency.
There are three types of advisory committees: (1) Presidential Advisory
Committee established by an Executive Order; (2) Statutory Advisory
Committee established by Congress; and (3) Discretionary Advisory
Committee established under the authority of the Secretary, agency head,
or other HHS official with establishment authority.

[Federal Register]{.underline} -- The daily publication used as a means
to provide the public with information regarding regulations and legal
notices issued by Federal agencies.

[Federal Register Notice]{.underline} -- A specific document published
in the [Federal Register]{.underline} to inform the public of meetings
of Federal advisory committees, the establishment of new committees,
request names of potential nominees, or to provide other information.

[Filing Date]{.underline} -- (See establishment date)

[Form SF-61, Appointment Affidavits (The Oath of Office)]{.underline} --
The oath of office is an affirmation to defend and support the
Constitution of the United States. The oath is administered to the new
committee members on or before his/her first meeting.

[Form HHS-410, Supplemental Information - Expert or
Consultant]{.underline} - This form reflects any new matters on which
the Special Government Employee (SGE) is disqualified from
participation.

[Form OGE -- 450, Confidential Financial Disclosure Report]{.underline}
-- Committee member\'s use this form to report their employment,
investments, other income and assets, and their outside activities which
may be used to assist in determining whether conflicts of interest
exist.

[Form HHS -- 474, Confidential Statement of Employment and Financial
Interests]{.underline} -- Form required annually of non-SGE advisory
committee members to disclose their employment and outside interests;
used to assist in determining whether conflicts of interest exist.

[Form HHS -- 532, Request for Approval of Nominees for Public Advisory
Committees-]{.underline} The form submitted by the OPDIV/STAFFDIV heads
to the Secretary or other appointed officer to nominate a committee
member.

[Form HHS -- 697, Foreign Activities Questionnaire]{.underline} --
Pursuant to compliance with the Emoluments Clause of the U.S.
Constitution, the Foreign Gifts and Declarations Act, and the Foreign
Agents Registration Act, this form is required to be filed annually by
committee members, who are subject to legal restrictions of their
foreign activities.

[Guest]{.underline} -- An individual who has been requested by the DFO
or other Federal official to share views or knowledge of a subject
before the committee. A guest is not required or expected to perform a
service, officially or unofficially. A guest may not attend closed
meetings.

[Guest Speaker]{.underline} -- An individual invited by the DFO or other
Federal official to deliver a lecture or to present a scientific paper
to an advisory committee, subcommittee, or workshop. The guest speaker
is expected to have special or pre-eminent professional, technical, or
scientific information relative to the matters under consideration by
the committee.

[Initial Review Group]{.underline} -- The generic term for any committee
chartered to provide scientific and technical peer review of the initial
merit review of research grant applications, cooperative agreements, or
contract proposals.

[Letter of Appreciation]{.underline} -- A letter from the appointing
official to thank the member after completion of service.

[Letter of Invitation]{.underline} -- The formal letter from the
appointing official, which invites a proposed member to serve on a
committee

[Members Appointed by Heads of OPDIVS and STAFFDIVS]{.underline} --
Members who are selected, invited, and appointed by an official to serve
on a committee. The Secretary has delegated the appointing authority to
this official or the authorizing legislation has named the appointing
official.

[Members Appointed by the Secretary]{.underline} -- Members selected,
invited, and appointed by the Secretary to serve on a committee.

[Members Appointed by the President]{.underline} -- Members selected,
invited, and appointed by the President of the United States to serve on
a committee.

[Membership Roster]{.underline} -- A list of current and ex-officio
members, including their name, address, phone number, email, end term
dates (if applicable) and other pertinent data. This information must be
kept confidential and not distributed to the public.

[Non-Discretionary Advisory Committee]{.underline} -- Another name for a
committee established by statute. (See Statutory Advisory Committee)

[Non-Statutory Advisory Committee]{.underline} -- Another name for a
committee established by discretionary authority. (See Discretionary
Advisory Committee)

[Office of Government Ethics (OGE)]{.underline} -- The Office of
Government Ethics is a separate executive agency established under the
Ethics in Government Act of 1978, as amended (5 U.S.C. appendix 4,
section 401). The OGE provides overall direction of executive branch
policies in preventing conflicts of interest on the part of officers and
employees of all executive agencies.

[Open Meeting]{.underline} -- This meeting is held to review and discuss
non-confidential data and documents, approve minutes of the previous
meeting, discuss pending matters, make reports and presentations and
plan future meeting dates. The Chair or DFO must approve minutes of the
meeting within sixty (60) to ninety (90) days after the meeting has
taken place.

[Operational Committee]{.underline} -- An operational committee is one
whose functions include making or implementing decisions, as opposed to
offering recommendations or advice. It is not covered by the FACA.

[Partially Closed Meeting]{.underline} -- A Federal advisory committee
meeting that has open and closed sessions. Whereby the open session is
open for public attendance and participation, the closed session of the
meeting is prohibited from public disclosure.

[Presidential Advisory Committee]{.underline} -- Any advisory committee
established by Executive Order or other Presidential directive to
provide direct advice and counsel; or any committee designated by
statute as Presidential.

[Presidential Directive]{.underline} -- Whereby a committee\'s
establishment is directed by Presidential Executive Order, memorandum,
or proclamation. GSA consultation is not required.

[Press Release]{.underline} -- A public announcement of new appointments
issued by the Office of Public Affairs, including Federal Register
notices.

[Professional Area Breakdown]{.underline} -- A chart that shows current
and proposed committee composition by professional category, geographic
balance, female/minority balance, and in chronological order by term
ending dates. The chart must include [all]{.underline} members, even
those whose term is ending, on the list until the vacancy is filled.

[Program Advisory Committee]{.underline} -- A committee that provides
advice on various aspects of specific extramural programs. It also
identifies and evaluates future research needs and opportunities,
management policy issues, and identifies and evaluates future extramural
initiatives.

### Public Member -- An individual who fills a public position on a committee.

[Quorum]{.underline} -- A quorum is a majority (one more than half) of
the committee\'s authorized membership including ex-officio members,
unless the charter states otherwise.

[Reappointment of Members]{.underline} -- The reappointing of a member
to the same committee.

[Recharter]{.underline} -- The process used to document the continuance
of a Statutory Advisory Committee. It should be noted that the term
recharter is not used in the FACA Final Rule, but is essentially a
renewal of Statutory Advisory Committee.

[Reestablishing Date]{.underline} -- The most recent filing date of a
Discretionary committee that previously had been terminated.

[Renewal]{.underline} -- The process used to continue a Discretionary
Advisory Committee.

[Regulatory Negotiation \"A Reg Neg Committee\"]{.underline} --
Membership on this committee includes participants who hold extreme or
opposing viewpoints, but has agreed to negotiate in good faith to
develop a workable solution. The committee\'s objective is to reach a
consensus on a resolution of the issues and to prepare a proposed
regulation for consideration by the Department/Agency.

[Secretary]{.underline} -- The Secretary of the U.S. Department of
Health and Human Services.

[Scheduled Vacancy]{.underline} -- The vacancy that occurs when a
committee member completes his/her designated term of service.

[Scientific Member]{.underline} -- An individual who fills a scientific
position on a committee.

[Scientific Review Evaluation Award (SREA)]{.underline} -- A funding
mechanism used to reimburse non-Special Government Employee members on
peer review committees.

[Special Government Employee (SGE)]{.underline} -- An officer or
employee in the executive branch of the Federal Government who is
appointed to perform temporary duties, with or without compensation, for
a period not to exceed 130 days during any period of 365 consecutive
days.

[Specifically Directed by Law]{.underline} -- (See Statutory Advisory
Committee)

[Special Emphasis Panel]{.underline} -- A committee which functions both
as an initial review group performing the scientific and technical peer
review of applications and cooperative agreement applications, as
reviewers of contract proposals, and concept reviews. The membership is
fluid and individuals are designated to serve for only the meeting they
are requested to attend.

[Statutory Committee]{.underline} -- A committee established by Congress
or required to be established by Congress. These types of committees may
also be referred to as non-discretionary, mandated, or specifically
created by law.

[Subcommittee]{.underline} -- A group, generally not subject to the
FACA, that reports to a duly established 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. If a
subcommittee makes recommendations directly to a federal officer or
agency and the parent committee without further deliberations adopts its
recommendations, then there must be statutory authority to do so. Absent
such rare statutory authority, the subcommittee would be acting as a
separate advisory committee and would have to comply with all FACA
requirements as a separate advisory committee.

[Term of Office]{.underline} -- This is the period of a committee
member\'s service. The term does not exceed four (4) years unless the
charter or establishing authority provides otherwise. A member may serve
less than four (4) years if they are completing the unexpired term of
another member and to provide for balanced rotation.

[Termination Date]{.underline} -- The date the committee ceases to
function whether by merger, abolition or expiration.

[Unscheduled Vacancy]{.underline} -- The vacancy that occurs when a
member resigns, dies, or service is terminated for other reason(s).

[Utilized]{.underline} -- A committee that is not established by the
Federal Government is \"utilized\" within the meaning of the FACA when
the President or a Federal officer or agency exercises actual management
or control over its operations. Such a committee is subject to the
requirements of the FACA.

Waiver -- There are three types:

> [(a) Conflict of Interest]{.underline} - A written document, approved
> by the employing agency Official in advance of participation under the
> authority of 18 USC 208(b)(3), which enables the Special Government
> Employee (SGE) to participate in one or more particular matters in
> which the SGE has a financial interest or an interest which is imputed
> to the SGE under 18 USC 208(a).
>
> [(b) Membership]{.underline} - This is a request to waive departmental
> policy regarding membership restrictions.
>
> [(c) Waiver of Compensation]{.underline} - This waiver is an advance
> written agreement from a committee member to serve without
> compensation.

[White House Liaison, Director, Secretary's Advisory Committee
Office]{.underline} -- Office where everything relating to advisory
committees filters through for the White House Liaison/Secretary
Advisory Committee Officer to review before going to the Secretary for
signature.

# 

# PART I: ROLES AND RESPONSIBILITIES

A. [OS/Department Committee Management Office (DCMO)]{.underline}

The DCMO assists the Secretary and the White House Liaison in the
management of Federal advisory committees and Presidential Advisory
Committees within the jurisdiction of the Department of Health and Human
Services (HHS). The DCMO is responsible for developing and issuing
policies, guidelines, standards, and procedures for management control
of HHS advisory committees. In addition to responsibilities listed in
the General Administration Manual (GAM), Chapter 9-00-50B, the DCMO:

1\. provides leadership, direction, and assistance to HHS officials and
agency committee management officers (CMO\'s) in the management and
operation of Federal advisory committees;

2\. reviews and approves an advance copy of each charter and nomination
package prior to their being submitted for approval/clearance by the
Secretary;

3\. reviews/compares proposed and current charters to ensure that any
significant

changes are justified and ensure compliance with appropriate legislative
authority and applicable statutes, and departmental policy;

4\. assures that appropriate concurrences have been obtained, e.g.,
OPDIV General Counsel;

5\. prepares consultation memorandum to the Committee Management
Secretariat (CMS) for discretionary committees as required by Federal
Advisory Committee Act (FACA) and the FACA Final Rule;

6\. advises initiating CMO or OPDIV of CMS response and provide CMO with
a copy. Returns original package to CMO when CMS action does not support
the Department\'s position;

7\. reviews, makes recommendations for actions, and forwards committee
management documents to the Secretary for approval;

8\. forwards transmittal (filing) letters to appropriate standing
committee of the Senate, House of Representatives and the Library of
Congress; and

9\. returns approved committee documents to CMO for appropriate action.

B. [Agency Committee Management Officer (CMO)/Government Federal Officer
(GFO)]{.underline}

CMO\'s will provide additional guidance on the roles and
responsibilities and office procedures for staff in their specific
agencies. The CMO:

1\. coordinates all committee management activities for the agency and
serves as the liaison official between the DCMO and the OPDIV/STAFFDIV
in the agency (See Chapter 9-00-50D of GAM);

> 2\. furnishes staff guidance, assistance and leadership to agency
> officials in the

various facets of committee management activities;

3\. establishes necessary controls and procedures to ensure compliance
with

applicable rules, regulations and Department policy and submission of
required documents and reports;

4\. ensures that an advance copy of the charter and nomination packages,
for those committees requiring approval by the Secretary, are sent to
the DCMO. Once approval is given by the DCMO, the CMO assures that the
formal packages are forwarded through agency/OPDIV channels to the DCMO;

5\. maintains copies of the charter and membership records, as well as
copies of annual reports;

6\. is responsible for coordinating and/or preparing the following
reports:

a\. Annual Comprehensive Review of Federal Advisory Committees (ACR);

b\. Annual Report of Closed Meetings;

c\. Report of Presidential Advisory Committee Recommendations;

d\. Report of Scheduled Vacancies;

> e\. Annual Report on Female/Minority Data;
>
> f\. Annual Ethics Report; and

g\. Other reports as required;

7\. prepares/coordinates the preparation of invitation letters to
members who are selected by the Secretary; Advises OPDIV of the
nominees' acceptance or declination to serve on an advisory committee;

. 8. coordinates the preparation of Federal Register notices and ensures
their publication in a timely manner.

C. [Designated Federal Official (DFO):]{.underline}

1\. approves or calls the meeting, approves the agenda, attends the
meeting, and when necessary, adjourns the meeting;

> 2\. works closely with the program office and/or the CMO to assure
> that appropriate
>
> deadlines are met and that the committee is meeting the objectives of
> the organization;
>
> 3\. maintains the records, reports, transcripts, minutes, working
> papers, drafts, studies, agenda, or other documents that are made
> available to or are prepared for or by an advisory committee;
>
> 4\. initiates all nominations and personnel actions for new members;
>
> 5\. initiates letters of invitation, appreciation, and certificates of
> appreciation, when appropriate;

6.  serves as the main resource person available to the organization
    regarding the

> renewal/rechartering and amending of the committee charter;
>
> 7\. informs committee members of his/her responsibilities while
> serving on a Federal
>
> Advisory Committee;
>
> 8\. provides orientation to new members;

9\. may serve as the Chair of a committee, if necessary.

NOTE: The DFO may also be referred to as an Executive Secretary,
Executive Director, Scientific Review Administrator or other similar
term.

D. [Chair:]{.underline}

> 1\. presides at all committee meetings and ensures that the agenda is
> as closely adhered to as possible. If it is necessary for the Chair to
> leave due to a conflict of interest, that individual appoints another
> committee member/DFO to preside;
>
> 2\. ensures that all rules of order and conduct are maintained during
> each session. When a committee member(s) is disqualified from
> participation in committee discussions, the Chair ensures that the
> disqualified member(s) does not participate and/or physically leaves
> the room. Also, ensures that the minutes and transcript clearly
> indicate that the member(s) did not participate and/or was not present
> during the discussion;
>
> 3\. calls on individuals for opinions and comments and terminates any
> discussion which is felt to be unnecessary. Calls for a vote, if
> required;
>
> 4\. controls public participation during the open portion of a
> meeting;
>
> 5\. certifies to the accuracy of the minutes of each committee meeting
> prior to their distribution.

E. [Member:]{.underline}

1.  serves as a source of independent expertise and advise on policy and
    program activities carried out by the committee;

2.  attend scheduled meetings of the full committee in their entirety
    and, as appropriate, any meetings of subcommittees of which he/she
    is a member;

3.  review required material before meetings to allow effective
    discussion, commenting, and voting on issues brought before the
    committee;

4.  make recommendations on technical evaluation reports/summary
    statements for contract proposals, grants, and cooperative
    agreements;

5.  read and understand provisions related to conflict of interest (COI)
    ethics, and confidentiality and, as appropriate, complete necessary
    forms relating to these areas;

6.  protect and maintain as confidential any privileged information
    disclosed in the meeting;

7.  refrain from discussing outside of the committee meetings
    information obtained during closed sessions;

8.  notify the DFO or other designated official, well in advance, of any
    changes in personal schedule that may prevent his/her presence at
    all or part of a scheduled meeting;

> 9\. complete necessary paperwork to ensure compensation for his/her
> duties.

# PART II: CHARTERS

A. COMMITTEE ESTABLISHMENT

Prior to submitting a formal request for establishment of a Presidential
or Statutory Advisory Committee, program officials should consult with
the OPDIV, CMO or the DCMO for advice and recommendations. Program
officials interested in establishing a Discretionary Advisory Committee
should also consult with the CMO or DCMO for advice and to determine if
the establishment of a committee is the best way to obtain the needed
advice.

There are a number of ways for agencies to obtain advice without
establishing a Federal advisory committee. For example, the following
activities are not covered by FACA and do not require establishment of a
Federal advisory committee. (See FACA Final Rule, 41 CFR 102-3.40)

-   groups that assemble to provide individual advice;

-   groups that assemble to exchange facts or information;

-   groups that consist entirely of Federal employees;

-   meetings to obtain recommendations or advice from one individual.

    FACA requires that a Charter be approved and signed by the Secretary
    or a delegated

    official. When establishing a new Federal advisory committee, unless
    otherwise provided for by

    law, all charters have a maximum duration of two years.

    **\*See pages 38-71 for illustrations of documents pertaining to
    Charter**

    **Establishments, Renewals/Recharters, Amendments, and
    Terminations.**

> 1\. Request to Establish a Committee: Charter Package
>
> Certain documents are incorporated into a charter package when
> establishment of a charter is requested. All committee requests do not
> require the same documents (i.e., Presidential, Discretionary,
> Statutory Advisory Committees). A breakdown follows which shows the
> required documents according to the committee type. The CMO should
> verify that a committee slot is available before submitting a charter
> package for a new Discretionary Advisory Committee. In addition, all
> proposed charters for the establishment of a new committee should be
> submitted in draft form for review by the DCMO, prior to submitting a
> final charter package.
>
> a\. Discretionary Advisory Committee:

-   Action memorandum: Request a committee

-   Proposed Charter

-   Formal determination

-   Delegation of Authority (if applicable)

-   Financial Operating Plan

-   Proposed Plan for Balance of Membership

-   Copy of Legislative authority

-   Disk containing an electronic copy of [all]{.underline} documents in
    this package

-   Filing letters and envelopes

> b\. Statutory Advisory Committee:

-   Action memorandum to Secretary to request a committee

-   Proposed Charter

-   Finding

-   Delegation of authority to appoint members (if applicable)

-   Financial Operating Plan

-   Proposed Plan for Balance of Membership

-   Copy of Legislative authority

-   Disk containing an electronic copy of [all]{.underline} documents in
    this package

-   Filing letters and envelopes

c\. Presidential Advisory Committee:

-   Action memorandum to the Secretary to request a committee

-   Proposed Charter

-   Copy of Establishing Authority

-   Disk containing an electronic copy of [all]{.underline} documents in
    this package

-   Filing letters and envelopes

> d\. Agency established committee:

-   Follow agency procedures

-   Submit one complete copy of the Charter package to the DCMO

-   Submit filing letters and envelopes to the DCMO

> 2\. A Federal advisory committee is not officially established until
> the following have been completed:
>
> a\. the Secretary or designated official has signed the Charter,
> Finding
>
> or Formal Determination, as appropriate;

b\. a public announcement of the establishment of a discretionary
committee has

> been made in the Federal Register by the initiating organization
> fifteen
>
> \(15\) calendar days prior to the DCMO filing the committee's charter.
>
> c\. Discretionary, Statutory, and Presidential Advisory Committee
> Charters must
>
> be filed with the appropriate Congressional Committees, the Library of
> Congress, and the Committee Management Secretariat, GSA.

B. RENEW/RECHARTER

Charters are to be renewed or rechartered every two (2) years in order
to continue a

committee. Certain documents are incorporated into a charter package for
the

renewal/recharter request. A breakdown follows which shows the required
documents

according to the committee type.

> 1\. Request to Renew/Recharter: Charter Package

a\. Discretionary Advisory Committee:

-   Action memorandum: Request Renewal/Rechartering

-   Notice of Renewal

-   Proposed Charter

-   Delegation of authority to appoint members (if applicable)

-   Proposed Plan for balance membership statement

-   Copy of Legislative authority

-   Current charter

-   Disk containing an electronic copy of [all]{.underline} documents in
    this package

-   Filing letters and envelopes

> b\. Statutory Advisory Committee:

-   Action memorandum: Request Renewal/Rechartering

-   Notice of Rechartering

-   Proposed Charter

-   Delegation of authority to appoint members (if applicable)

-   Proposed Plan for balance membership statement

-   Copy of Legislative authority

-   Current charter

-   Disk containing an electronic copy of [all]{.underline} documents in
    this package

-   Filing letters and envelopes

c\. Presidential Advisory Committee:

#### Action memorandum: Request Renewal/Rechartering

-   Proposed charter

-   Copy of Authority to continue

-   Current charter

-   Disk containing an electronic copy of [all]{.underline} documents in
    this package

-   Filing letters and envelopes

    2\. A Federal advisory committee is not officially
    renewed/rechartered until the following steps have been completed:

> a\. the Secretary or designated official has approved and signed the
> Charter,

Finding or Formal Determination, as appropriate;

b\. the committee's charter has been filed with the appropriate
Congressional

Committees, the Library of Congress, and the Committee Management
Secretariat of GSA by the DCMO, in accordance with FACA.

> Note: A notice in the Federal Register, announcing the renewal of a
> Discretionary Advisory Committee is required by the GSA Rule. Although
> there is no requirement to publish a notice in the Federal Register
> for the renewal/recharter of a Statutory Advisory Committee, in the
> interest of keeping the public informed, a notice of such action
> should be published. This notification can be made after the charter
> has been appropriately filed.

C. AMENDMENTS (if applicable)

> 1\. Required documents for charter amendments (Discretionary,
> Statutory, or
>
> Presidential):

a.  Action memorandum: Request to Amend a Charter

b.  Amended section(s) of the Charter

c.  Copy of Authority to continue

d.  Current charter

e.  Disk containing an electronic copy of [all]{.underline} documents in
    this package

f.  Filing letters and envelopes

> 2\. The Secretary must approve all charter amendments. Consultation
> with GSA is
>
> required for major charter amendments.

#### D. TERMINATION

1\. Termination or abolition of Discretionary Advisory Committees
require the

submission of a request by the OPDIV/STAFFDIV to the DCMO for:

a\. approval to allow a committee charter to expire; or

> b\. approval to abolish a committee, which has completed its assigned

tasks or whose existence is no longer deemed necessary.

2\. Terminations of statutory committees require a request from the
Secretary to

the Speaker of the House to repeal the statute.

> 3\. Agency established committees should follow agency procedures for
> terminations and

submit a copy to the DCMO.

# 

# PART: III NOMINATIONS/SELECTIONS/APPOINTMENTS

Persons are nominated, selected, and appointed to an HHS Federal
advisory committee based on their qualifications and ability to
contribute to the accomplishments of the committees' objectives. The
authority, which establishes the committee or the committee charter,
spells out the qualification requirements for committee membership.
Departmental policy provides that committee membership will be fairly
balanced in terms of points of view represented and the committees'
function. Consideration will be given to a broad representation of
geographic areas, gender, race, ethnicity, and disability.

\* See pages 72-77 for illustrations of documents pertaining to
Nominations, Selections, and Appointments.

A. NOMINATIONS

> 1\. Locating Prospective Members
>
> The DFO identifies and initiates nominations of the advisory committee
> members. This involves long-range planning, suggestions, and
> information from many sources. Every effort is made to fill advisory
> committee membership by U.S. citizens. Recommendations for advisory
> committee membership by non-citizens, of the U.S., are handled on a
> case-by-case basis.
>
> The DFO will identify suitable nominees based on:
>
> a\. knowledge of potential nominees' discipline and expertise; and/or

b\. solicitation of names of outstanding individuals in a given area
from leaders in

pertinent fields, scientific and professional organizations, and staff.

2\. Availability & Waivers

> After selecting potential nominees, the DFO must determine if the
> individual is available to serve or if a waiver of departmental policy
> will be required.

a\. It is departmental policy to avoid excessive individual service on
advisory

> committees and multiple committee memberships. Therefore, restrictions
> may

apply to advisory committee membership. A Federal advisory committee

member may not:

-   serve continuously as a member of any single advisory committee for
    more than four years;

-   serve for more than eight combined years within a period of 12 years
    on one or more committees within an agency;

-   serve on more than one committee within an agency at the same time;

-   serve on the same committee at the same time with another individual
    who is affiliated with a particular non-Federal organization or
    institution in the same city excluding designated multi-campus
    organizations and State systems.

b\. If any of the above restrictions apply, the individual
OPDIV/STAFFDIV has the

delegated authority to approve waivers. However, the approved waiver
must be

included in the nomination package and submitted to the DCMO.

3\. How to fill a vacancy?

> a\. [Scheduled Vacancy]{.underline}: Submit the name of a nominee to
> the DCMO at least three (3)
>
> months in advance of the vacancy's occurrence for those committees

whose members are appointed by the Secretary.

b\. [Unscheduled Vacancy]{.underline}: Submit the nomination as soon as
the vacancy occurs, but

not later than two (2) months after its occurrence.

4\. Advance Review of proposed nominees

> Each agency must submit an advance review of proposed nominees to the
> DCMO at least five months prior to the begin term date. The proposed
> nomination slate should include:

a.  Action memorandum: Recommend Nominees (no letterhead)

b.  Current Charter

c.  Professional Area Breakdown

d.  Current membership roster

e.  Resumes

-   Note: HHS form 532 is not required in the advance review package.

B. SELECTION OF MEMBERS

> OPDIV/STAFFDIV heads must submit requests for approval of the nominees
> to the Secretary through the CMO and the DCMO. The Secretary will
> select the members, sign the HHS Form 532, and return the HHS Form 532
> and a copy of the signed invitation letter to the CMO through the
> DCMO.

1\. [Members appointed by the Secretary]{.underline}

> Use the following uniform format when submitting nomination packages
> to the Secretary.

a.  Action memorandum: Recommend Nominees

b.  TAB A: Current Charter

c.  TAB B: Authorizing Legislation/Executive Order

d.  TAB C: Current Membership Roster

e.  TAB D: Professional Area Breakdown

f.  TAB E: HHS Form 532 and the following:

-   Resumes

-   Waivers (if applicable)

g.  Letters of Invitation

> Letters of Invitation are prepared for the Secretary's signature and
> forwarded along with the nomination package. A disk containing copies
> of the letters should be included in the package. After the Secretary
> approves the nominee(s), letters are sent to candidates inviting them
> to serve on the committee.

-   Enclosures to the letter are:

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-   Acknowledgement of Invitation

-   Copy of current charter

-   Return addressed envelope

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-   Secretary signs letter. Letter is then mailed to the candidate; a
    copy is sent to the CMO.

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-   Designated office receives acknowledgement of invitation from
    candidate showing acceptance or declination.

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-   CMO prepares a follow-up letter for the appropriate agency
    official's signature, after the nomination slate has been reviewed
    by the agency CMO and approved by the agency official who has
    authority to appoint members. Contact the agency for additional
    procedures.

    **[NOTE: Copy and assembly requirements]{.underline}**

**Prepare and submit one (1) original with tabs and one (1) copy of
the**

**nomination package.**

2\. [Members Appointed by the President:]{.underline}

Secretary's nominations are forwarded to the White House for approval.
The White

House issues letters of invitation.

3\. [Members who are appointed by OPDIV and STAFFDIV Heads:]{.underline}

> Follow procedures provided by the CMO. A letter of invitation is
> prepared for the OPDIV/STAFFDIV official's signature, after the
> nomination slate has been reviewed by the agency CMO and approved by
> the agency official who has authority to appoint members. Contact the
> agency for additional procedures.

C. APPOINTMENT PROCEDURES

> 1\. The appropriate official (e.g., Director, Commissioner,
> Administrator, and

Executive Secretary) informs the nominee, in writing, of the necessary
appointment

procedures and the forms to be completed as follows:

> a\. OGE 450 - Confidential Statement of Employment and

Financial Interests (include a copy of the excerpt from

the Standards of Conduct, 45 CFR, Part 73)

b\. SF 61 - Appointment Affidavit

c\. SF 61b - Declaration of Appointee

d\. other forms, as required by the agency/OPDIV

2\. Upon receipt of the completed forms, the appropriate official:

a.  reviews the forms for completeness and accuracy, and the OGE Form
    450 for possible conflict of interest;

b.  forwards the request for personnel action to the appropriate
    personnel office, if no real or apparent conflicts of interest
    exists. If a conflict of interest exists, the appropriate official
    must consult with the nominee. Whereby there is still a conflict of
    interest after consulting with the nominee, the appointment will not
    be completed and the HHS Form 450 will be returned to the nominee;

c.  ensures that the personnel action is effected for one year as
    required by Office of Personnel Management regulations, unless a
    statutory authority provides otherwise, i.e., for the entire term
    period. Therefore, the personnel action will have to be renewed
    (conversion to the excepted appointment each year). If the member
    has been selected for a full term, the appointment will be effective
    the first day of the specified term as shown on the OGE Form 532. If
    the member was selected/invited after the beginning of the specified
    term, the effective date is the date on the Acknowledgement of
    Invitation;

d.  notifies the Office of Public Affairs so that an announcement of the
    new appointments may be made to the Press for issuance when
    appropriate.

    **Note: Reappointment procedures and the selection of a member to
    serve as the Chair are the same as above except that OGE Form 450
    and appointment forms are not required to be completed again.
    (Indicate changes on HHS Form 532)**

    D. ORIENTATION OF NEW MEMBERS

The DFO provides orientation to the members regarding the purpose and
goals of the committee, including their responsibilities to the
committee, the agency and ethics training by the appropriate official.

E. COMPENSATION ISSUES CONCERNING REPRESENTATIVE MEMBERS

> As an initial matter, representatives cannot receive compensation from
> the government because they speak for, or represent the views of,
> their industry or non-governmental group, and therefore, are not
> employees of the government.
>
> Although the FACA does not prohibit voluntary services, 31 USC 1342
> precludes the government from accepting voluntary services \"exceeding
> that authorized by law.\" The statute or executive order providing
> legal authority for the establishment of a particular advisory
> committee may address whether the consumer and industry
> representatives may serve without compensation. If the authorizing
> statute or executive order provides that the industry and consumer
> representative members shall serve without compensation, then these
> members are not compensated and that ends the inquiry.
>
> If the authorizing statue or presidential executive order is silent on
> the compensation issue, separate authority is required before
> accepting voluntary services from the committee members. In the
> absence of such statutory authority, an agency may nevertheless accept
> \"gratuitous services.\" The distinction is that \"voluntary
> services\" are not rendered pursuant to a prior contract or
> obligation, and therefore, are likely to form the basis of future
> claims against the government, while \"gratuitous services\" are
> rendered in an official capacity pursuant to an appointment to office
> which is authorized by law to be nonsalaried.
>
> When the authorizing statute for a committee authorizes appointment of
> members without regard to civil service laws and fixes only the
> maximum rate of compensation to be paid, the industry and consumer
> representative members may serve without compensation if the service
> is \"gratuitous\", as opposed to \"voluntary\". Therefore, provided
> each representative member formally agrees in advance to serve without
> compensation and waives all claims against the government for such
> service, 31 USC 1342 would not prohibit the Department from accepting
> the gratuitous services of such advisory committee members.

F. LETTER AND CERTIFICATE OF APPRECIATION

> A letter of appreciation and/or a certificate of "Recognition and
> Appreciation" may be prepared for the signature of the appointing
> official when members complete their designated terms of service or if
> they leave for any reason. Letters and certificates prepared for the
> Secretary's signature must be forwarded directly to the DCMO, not the
> Office of the Executive Secretary.

# 

# PART IV: MEETINGS

No meeting shall be held in the absence of a quorum. Unless otherwise
established in the charter of the committee, a quorum shall consist of a
majority of the committee's authorized membership including ex-officio
members. Each meeting of a committee shall be conducted in accordance
with an approved agenda. A DFO must be present at each committee or
subcommittee meeting. If simultaneous subcommittee meetings are to be
held, each subcommittee shall have a full or part-time federal employee
in attendance, serving as the DFO.

1\. [BEFORE THE MEETING, THE DFO]{.underline}:

a\. approves plans to hold a committee meeting;

b\. determines whether the meeting will be opened, closed, or partially
closed

(refer to definitions);

-   Closing Federal advisory committee Meetings (if applicable)

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-   Refer to the Government in the Sunshine Act PL 94-409, pg. 5 of this
    handbook, for exemptions to closing an advisory committee meeting,
    partially or totally.

-   The DFO makes a written request to the Freedom of Information
    Officer, Secretary or designee for approval to fully or partially
    close a meeting to the public. This request, called a Determination
    to Close or Partially Close a Meeting, must be cleared by the
    OPDIV/STAFFDIV and/or OGC prior to being submitted to the signing
    official.

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-   The signed Determination remains in the committee's official file
    and is made available for public review on request.

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-   Where there is only a portion of the meeting dealing with exempt
    matters, that portion of the meeting may be closed. Under this
    circumstance, the agenda is arranged so that members of the public
    may attend the open portion of the meeting.

c\. invites the guest speaker(s) to a committee meeting, subcommittee
meeting, or

workshop, and makes necessary arrangements for the speaker(s) (if
applicable);

d\. prepares the agenda, which includes:

-   concise descriptions of each major subject or problem listed in the
    agenda;

-   priority and timing of topics;

-   open and closed sessions of the meeting, grouped together for the
    convenience of the public.

e\. send committee members the agenda and copies of all information
relating to

the meeting;

f\. arranges for resource persons and supplementary materials to aid the

committee in dealing with agenda items;

g\. reviews members= conflict of interest statements in conjunction with
the

> topics to be discussed to determine whether any member(s) should be
> disqualified from reviewing a given topic. Any disqualification must
> be announced at the beginning of the committee meeting. Prepares
> waivers, if appropriate;

h\. makes recording arrangements for verbatim transcripts, when
necessary;

i\. makes logistical arrangements for the meeting, when necessary,
including

arranging overnight accommodations for members;

> j\. notifies the public of the meetings and performs the following
> duties:

-   maintains a list of persons and organizations who have request
    notification, and notifies them in advance;

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-   ensures that all, open and closed, meeting notices are published in
    the [Federal Register]{.underline} fifteen (15) days prior to the
    committee meeting. Whenever possible, thirty (30) days notice should
    be given.

    -   If the fifteen (15) day notice is not given, the reason (s) must
        be made a part of the meeting announcement.

    -   The Committee Management Secretariat can provide less than
        fifteen (15) days notice in an emergency situation. This
        emergency exception must be made a part of the [Federal
        Register]{.underline} meeting notice.

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    -   The announcement must include the following:

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-   the name of the committee;

-   the time, date, place, and purpose of the meeting;

-   a summary of the agenda and/or topics to be discussed;

-   the extent to which the meeting is open or closed.

-   If the meeting is closed or partially closed, state the reasons why,
    citing the specific exemptions of the Government in the Sunshine Act
    5 U.S.C..., as the basis for closure.

-   The name, address, and telephone number of the committee's DFO or
    other official who may be contacted for additional information
    concerning the meeting.

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-   A cancellation or amended notice of a previously announced meeting
    must be submitted to the [Federal Register]{.underline} in time for
    public notice before the original meeting date.

    -   ensures that other forms of notice, such as press releases and
        notices in professional journals, are used to the extent
        practicable;

    -   notifies members of the date(s), time and place of each meeting
        and

arranges for the preparation of the necessary travel documents.

2\. [DURING THE MEETING]{.underline}

a\. THE DFO:

-   sits next to the Chair so they may confer;

-   may chair meeting in the Chair's absence;

-   maintains an attendance log;

-   ensures that the committee conducts its business in accordance with
    all applicable regulations, policies, and procedures;

-   assures that accurate records are kept of the committee\'s
    deliberations. If a closed portion of a meeting is recorded, the DFO
    ensures that only an official transcriber for the organization
    performs the recording;

-   reminds members and other attendees that advance review materials,
    meeting reviews, discussions, and committee recommendations on
    applications are to be treated confidentially;

-   records motions and votes on each item of business and takes notes
    on discussions and proceedings, as necessary, to prepare the
    minutes;

-   authorizes the premature adjournment of any committee meeting if
    adjournment is in the best interest of the Government. Also,
    authorizes adjournment of any meeting not considered to be in the
    public interest, such as unwarranted departure from the agenda of
    the meeting.

b\. PUBLIC PARTICIPANTS:

-   may attend the open portion of the meeting. If they wish to
    participate

> in the discussion, the procedures for doing so are published in the
> [Federal Register]{.underline} and/or announced at the opening of the
> meeting;

-   are not allowed to question committee members or other participants
    except with the advance approval of the committee Chair or DFO;

-   may submit written statements, but should be advised to address them
    to the DFO. Also, public participants should be advised that
    committee members are given copies of all written statements
    submitted by the public;

-   any further public participation will be solely at the discretion of
    the Chair, with the approval of the DFO in attendance.

3\. [AFTER THE MEETING, THE DFO:]{.underline}

> a\. prepares and makes copies of the minutes available, within ninety
> (90) days, to

members and the general public;

> b\. prepares summary minutes of a closed or partially closed meeting
> within 14
>
> days after its completion. (Since the public does not have access to
> the detailed minutes, the summary is made available upon request);

c\. arranges for the preparation of pay (time sheets) and travel
vouchers so that

members may be reimbursed.

# 

# 

# 

# 

# 

# PART V: RECORDS/REPORTS/MINUTES/TRANSCRIPTS

All records, reports, and other documents of each advisory committee
must be available for public inspection and copying pursuant to the
Federal Advisory Committee Act (FACA). The documents referred to include
the records, reports, transcripts, minutes, working papers, drafts,
studies, agenda or other documents made available to or prepared for or
by each advisory committee.

A.  REPORTS

> \*All Advisory committees must file the following reports, unless
> stated otherwise:
>
> 1\. [Annual Report of Closed Meetings]{.underline}
>
> Each CMO and the DCMO is responsible for ensuring that all Federal
> advisory committees issue a written annual report when an entire or
> portion of a meeting is closed to the public as required by Section 10
> (d) of the FACA. The report must include:

a.  the function of the committee;

b.  a list of members and their business addresses;

c.  the dates and places of meetings;

d.  a summary of committee activities and recommendations during

> the preceding year.

\*Notice of availability of such reports must be published in the
[Federal Register]{.underline}

no later than 60 days after completion.

2\. [Annual Comprehensive Review of Federal Advisory
Committees]{.underline}

The DCMO coordinates the Department's submission of the fiscal year
review. GSA will periodically issue instructions regarding requirements
and procedures. GSA will use this information to prepare program
recommendations and status reports on advisory committee matters.

3\. [Report on Presidential Advisory Committee
Recommendations]{.underline}

Each CMO compiles and submits to the DCMO the information necessary to
report to GSA. Section 6 (b) of the FACA requires that: "within one (1)
year after a Presidential Advisory Committee has submitted a public
report to the President the President or his delegate (Administrator,
GSA) will make a report to Congress stating either his proposals for
action or reasons for inaction, with respect to the recommendations
contained in the public report."

4\. [Report of Scheduled Vacancies]{.underline}

Each CMO provides a report of scheduled vacancies for each advisory
committee whose members are appointed by the Secretary. The reports
include the committee name, date of vacancy, expertise needed, and
member types.

5\. [Annual Report of Female/Minority Data]{.underline}

Each CMO shall submit the female/minority data to the DCMO, who will
forward it directly to the EEO.

6\. [Annual Ethics Report]{.underline}

Each CMO shall send this report directly to the Office of General
Counsel (OGC), Ethics Division.

7\. Other special reports as requested

NOTE: The Secretary or designee will review [all]{.underline} of the
above reports prior to being delivered to another Federal agency or
printed for dissemination.

Two (2) copies of each report must be submitted to the DCMO for the
following: one copy will be provided to the Library of Congress by the
DCMO; the other copy will be retained by the DCMO. Each agency CMO shall
retain one (1) copy for their files. (Consult the CMO for any additional
copies that may be required for internal use.)

B. MINUTES/TRANSCRIPTS

1\. Detailed minutes are kept by the DFO or designee, of each advisory
committee

meeting, including formal or informal meetings of subcommittees.

2\. The minutes must include at least the following:

a.  the time and place of the meeting;

b.  a list of advisory committee members, staff and full-time

    Federal employees present at the meeting;

c.  a detailed summary of matters discussed and conclusions

    reached;

d.  copies of all materials received, issued, or approved by the

    committee;

e.  an explanation of the extent to which the meeting was open to

    the public;

f.  an explanation of the extent of public participation including

    a list of members of the public who presented oral or written
    statements, and an estimate of the number of members of the public
    who attended the meeting.

    3\. When a meeting or portion of the meeting is closed and detailed
    minutes are not to be made available in their entirety to the
    public, the advisory committee prepares and makes available to the
    public, within 14 days of the closed meeting, a summary of its
    activities and related matters which are informative to the public
    and consistent with the policy of 5 U.S.C. 552 (b).

> 4\. The minutes\' are to be completed and submitted to the Chair
> between sixty (60) and ninety (90) days after the meeting. The Chair
> of the committee certifies to the minutes accuracy and submits them to
> the DFO for submission to the official whom the committee advises.

C. PUBLIC ACCESS TO RECORDS

1\. Advisory committee records, which the public may inspect, must be

> available for inspection and copying at a single location in the
> offices of the advisory committee or the OPDIV/STAFFDIV to which the
> advisory committee reports. The advisory committee or appropriate
> agency will make available to any person requesting them, copies of
> the transcripts of minutes of committee proceedings or meetings at a
> cost determined in accordance with the appropriate fee schedule.
>
> 2\. Only officials designated in the HHS Chapter 9.00, General
> Administration
>
> Manual may deny access to committee records or delete any portion of a
> record requested by a member to the public.

####  D. RECORDS MAINTENANCE AND DISPOSAL

> \*All advisory committee records are maintained and disposed of in
> accordance with the following provisions:

1.  1\. Part 102-193, Chapter 102 of the Federal Management Regulation,
    and

regulations issued by the National Archives and Records Administration
(sec 36

CFR parts 1220, 1222, 1228, and 1234), or the Presidential Records Act,
44

U.S.C. Chapter 22;

2\. HHS General Administration Manual Procedures;

3\. agency retention and disposal schedules.

# PART VI: ILLUSTRATIONS

All documents must be submitted in New Times Roman, font size 12. As you
read through the exhibits/illustrations, please pay special attention to
the type of paper (bond, stationery, etc.) that is to be used for each
document.

1\. Action Memorandum

Request to establish a committee 38-39

Request for Renewal or Rechartering 40

Request to Amend a Charter 41

Request Abolition of a Committee 69

Notice of Termination 68

Recommending Nominees 70-71

2\. Charters

Charter for a new committee 42-45

Amended Charter 65-66

Note: The list following Charter & Nomination Package Documents below
are not all inclusive. Please refer to Part II and III for detailed list
of documents to be included in the Charter and Nomination Packages.

3\. Charter Package Documents

##  Formal Determination 46

Finding 47

#######  Delegation of Authority 50

Financial Operating Plan Instructions & form 51-61

Proposed Plan for Appropriate Balance of Membership 62

Notice of Renewal 49

Notice of Recharterting 48

Filing Letters & Instructions 63-64

Amended Charter Filing Letter 67

4\. Nomination Package Documents

Professional Area Breakdown (PAB) 72

Letter of Invitation 73

Letter of Reappointment 74

Acknowledgement of Invitation 75

Letter of Appreciation 76-77

5\. Waiver of Compensation 78

**[ACTION MEMO TO THE SECRETARY:]{.underline}**

[FORMAT FOR REQUESTING ESTABLISHMENT OF DISCRETIONARY, STATUTORY, OR
PRESIDENTIAL]{.underline}

\*This memo is sent from the OPDIV/STAFFDIV head to the Secretary.

TO: The Secretary

Through: COS \_\_\_\_\_

WHL \_\_\_\_\_

OGC \_\_\_\_\_

FROM: (Title of Requesting Official)

(Name of OPDIV/STAFFDIV/AGENCY)

SUBJECT: Request to Establish the [(Name of
committee)]{.underline}---ACTION

# 

# ISSUE

Request to establish the [(Name of the Committee).]{.underline}

# DISCUSSION

*\<This section should set forth, as concisely as possible, background
information and need for group, including why function (s) cannot be
performed by OPDIV/STAFFDIV personnel, by an existing committee, and
other facts which substantiate need.\>*

*\<If delegation of authority to appoint the Chair and invite members is
desired, a brief paragraph should be included to justify.\>*

# RECOMMENDATION

That the Secretary approves the proposed charter attached at Tab A, the
formal determination (or finding, if appropriate) attached at Tab B,
establishing the [(Name of the Committee,]{.underline} and the
delegation of authority attached at Tab C.

(Signing Official's Name)

Attachments:

Tab A- Proposed Charter

Tab B- Formal Determination or Finding

Tab C- Delegation of Authority (if applicable)

Tab D- Proposed Plan for Balance of Membership

Tab E- Copy of Legislative Authority

**[ACTION MEMO TO THE SECRETARY:]{.underline}**

## [FORMAT FOR REQUESTING RENEWAL OR RECHARTERING]{.underline}

\*This memo is sent from the OPDIV/STAFFDIV head to the Secretary.

TO: The Secretary

Through: COS \_\_\_\_\_\_

WHL \_\_\_\_\_\_

OGC \_\_\_\_\_\_

FROM: (Title of Requesting Official)

SUBJECT: Request to Continue or Recharter the [(Name of the
Committee)]{.underline}---Action

# ISSUE

Request to continue (or recharter in the case of mandated committees)
the ([Name of the committee).]{.underline}

# DISCUSSION

*\<As concisely as possible, give background information of the group;
the accomplishments over the last two-year period; what the plans are
for the next two-year period, and other facts, which substantiate the
need to continue the committee.\>*

# RECOMMENDATION

That the Secretary approve the proposed charter attached at Tab A, the
notice of renewal or notice of rechartering at Tab B continuing the
([Name of the committee).]{.underline}

(Signing Official's Name)

Attachments:

Tab A- Proposed Charter

Tab B- Notice of Renewal or Notice of Rechartering

Tab C- Delegation of Authority (if applicable)

Tab D- Proposed Plan for Balance of Membership

Tab E- Copy of Legislative Authority

## **[ACTION MEMO TO THE SECRETARY:]{.underline}**

###### FORMAT FOR A REQUEST TO AMEND A CHARTER

\*This memo is sent from the OPDIV/STAFFDIV head to the Secretary.

TO: The Secretary

Through: COS \_\_\_\_\_\_

WHL \_\_\_\_\_\_

OGC \_\_\_\_\_\_

FROM: (Title of Requesting Official)

SUBJECT: Request to Amend the Charter of the [(Name of the
Committee)]{.underline}---Action

# ISSUE

Request to amend the Charter of the ([Name of the
committee).]{.underline}

# DISCUSSION

*\<In detail, discuss which parts of the Charter are being amended.\>*

# RECOMMENDATION

That the Secretary approve the proposed amended Charter attached at Tab
A.

(Signing Official's Name)

Attachments:

Tab A- Amended sections of the Charter

Tab B- Copy of Authority to continue

Tab C- Current Charter

Tab D- Filing letters

## 

## 

## **[THE SECRETARY HHS STATIONERY]{.underline}**

[FORMAT FOR CHARTER TO]{.underline}

[ESTABLISH A COMMITTEE]{.underline}

# CHARTER

(Name of Committee)

# Purpose

\<*Include a **[Brief Summary]{.underline}** of the programmatic
responsibility imposed on the Department by law or Presidential
directive, the implementation of which requires the advice of such a
committee. Identify statute or Presidential directive in summary*. \>

# Authority

Note: OPDIV/STAFFDIV must consult with OGC in regards to authorities,
prior to preparing this document, as it will determine other components
of the charter.

\<*Use U.S. code equivalent to: Public Law establishing or requiring the
establishment of the committee; or, Public Law specifically authorizing
committee formation; or, Public Law authorizing committees to be
administratively established; or, (if none of these exists) Public Law
requiring performance of specific function; plus, "The Committee
([Council or other title)]{.underline} is governed -- by provisions of
Public Law 92-463 (5 U.S.C. Appendix 2), which sets forth standards for
the formation and use of advisory committees."\>* [^1]

# Function

The \<Name of committee\> shall advise the Secretary (and subordinate
official, if appropriate) concerning ([define advice to be
provided).]{.underline}

# Structure

*\<Use statutory language if it exists; if it does not, this terminology
should be used; or, in the case of a public member chairing the
committee, "The ([committee name)]{.underline} shall consist of [(number
of)]{.underline} members, including the Chair. Members shall be selected
by the Secretary (or by the President, as appropriate) or designee, from
authorities knowledgeable in the fields of ([Name of the areas of
expertise)."\>]{.underline}*

The Committee (Council or other title) shall consist of the Secretary,
or designee, as Chairman, and ([number of)]{.underline} members selected
by the Secretary from authorities knowledgeable in the fields of
(\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_\_\_\_\_\_\_,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_,
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_.)

Members shall be invited to serve overlapping four-year terms; terms of
more than two years are contingent upon the renewal of the Committee
(Council or other title) by appropriate action prior to its
termination.[^2]

As necessary, standing and ad hoc subcommittees of the Integrated Review
Group, composed of members from the parent committee, may be established
to perform specific functions within the Integrated Review Group's
jurisdiction. The Department Committee Management Officer shall be
notified upon establishment of each standing committee and shall be
provided information on its name, membership, function, and estimated
frequency of meetings.

If a subcommittee (s) is to be established on a future date, the
following language must be used: "The Department Committee Management
Office will be notified upon establishment of each subcommittee, and
will be provided information on its name, membership, function, and
estimated frequency of meetings."

Management and support services shall be provided by ([Name of OPDIV
/STAFFDIV/]{.underline}

[AGENCY).]{.underline}

# Meetings

Meetings shall be held (approximately 4 times per year) at the call of
the Chair, who shall also approve the agenda.

*\<If Chair is public member, use: "Member shall be held ([approximate 4
times a year]{.underline} at the call of the Chair), with the advance
approval of a Government official who shall also approve the agenda. A
Government official shall be present at all meetings."\>*

Meetings shall be open to the public except as determined otherwise by
the Secretary or other official to whom the authority has been
delegated; notice of all meetings shall be given to the public.

Meetings shall be conducted, and records of the proceedings kept, as
required by applicable laws and Departmental regulations.

# Compensation

Members who are not full-time Federal employees shall be paid at the
rate of \$[\_\_\_\_\_]{.underline} per day, plus per diem and travel
expenses in accordance with Standard Government Travel Regulations; [^3]

# Annual Cost Estimate

Estimated annual cost for operating the committee, including
compensation and travel expenses for members but excluding staff
support, is[\_\_\_\_\_]{.underline}. Estimate annual person-years of
staff support required is\_\_\_\_\_\_\_\_\_\_\_\_\_, at an estimated
annual cost of \$[\_\_\_\_\_\_.]{.underline}

# Reports

In the event a portion of a meeting is closed to the public, a report
shall be prepared which shall contain, as a minimum, a list of members
and their business addresses, the committee activities and
recommendations made during the fiscal year. A copy of the report shall
be provided to the Department Committee Management Office.

# Termination Date

*\<Use the most appropriate variation of duration language listed below
as the language depends on the status of the committee.*

*[\--New Non-statutory Committees:]{.underline}*

*Termination Date*

*\<Unless renewed by appropriate action prior to its expiration, the
\<\< committee name\>\> will terminate two years from the date this
charter is approved.*

*[\--New Statutory Committees for which provision for duration is made
by Law]{.underline}:*

*Termination Date*

*The \<\<committee name\>\> will terminate on \<\<input date provided by
law\>\>.*

*[\--Statutory Committees concerning which law is silent with regard to
duration:]{.underline}*

*Termination Date*

*Unless renewed by appropriate action prior to its expiration, the
\<\<committee name\>\> will terminate on \_[\*]{.underline}\_\_\_\_.*

*\*Use date equal to expiration of two-year period beginning on the date
of enactment of the law, EXCEPT in those cases where law or portion
establishing committee, has effective date different from date of
enactment.*

*[\--Renewed Committees]{.underline}:*

*Termination Date*

*Unless renewed by appropriate action prior to its expiration, the
\<\<committee name\>\> will terminate on
\_\_\_\_\_[\*\*]{.underline}\_\_\_.*

*\*\* Use date equal to expiration of two-year period beginning on
effective date of renewal. \>*

[Approved:]{.underline}

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Date Secretary

**[THE SECRETARY OF HHS STATIONERY]{.underline}**

FORMAL DETERMINATION

I determine, after appropriate consultation between this Department and
General Services Administration, that formation of the ([Name of
Committee)]{.underline} is in the public interest in connection with the
performance of duties imposed on the Department by law, and that such
duties can best be performed through the advice and counsel of such a
group.

I deem that it is not feasible for the Department or any of its existing
committees to perform these duties, and that a satisfactory plan for
appropriate balance of committee membership has been submitted.

[\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

Date Secretary

**[THE SECRETARY OF HHS STATIONERY]{.underline}**

FINDING

(Name of the Committee)

I find that establishment of the ([Name of the Committee)]{.underline}
is specifically authorized by \*\_\_\_\_\_U.S. Code \_\_\_\_\_.

I deem that such establishment is desirable to provide advice and
consultation to ([the Secretary and/or other official, identify by
title)]{.underline} in connection with this Department's functions, that
neither the Department nor any of its existing committees can feasibly
perform these duties, and that a satisfactory plan for appropriate
balance of committee membership has been submitted.

Date Secretary

*\*If the law has not been codified, use the public law number.*

**[THE SECRETARY OF HHS STATIONERY]{.underline}**

NOTICE OF RECHARTERING

OF THE

(Name of the Committee)

This committee was established by statute and has functions, which are
of a continuing nature so that its duration is not governed by Section
14(a) of the [Federal Advisory Committee]{.underline} Act but is
otherwise provided for by law. The Committee is rechartered in
accordance with Section 14 (b)(2) of said Act.

Date Secretary

**[THE SECRETARY OF HHS STATIONERY]{.underline}**

NOTICE OF RENEWAL

OF THE

(Name of the Committee)

I determine, after appropriate consultation between this Department and
the General Services Administration, that renewal of the ([Name of the
Committee),]{.underline} is in the public interest in connection with
the performance of duties imposed on the Department by law, and that
such duties can best be performed through the advice and counsel of such
a group. The Committee is continued until ([next termination
date).]{.underline}

I deem that it is not feasible for the Department or any of its existing
committees to perform these duties, and that a satisfactory plan for
appropriate balance of committee membership has been submitted.

Date Secretary

## **[THE SECRETARY OF HHS STATIONERY]{.underline}**

DELEGATION OF AUTHORITY TO DESIGNATE

THE CHAIR AND INVITE MEMBERS TO SERVE ON THE

(Name of the Committee)

Effective immediately, I delegate to the ([title of the OPDIV/STAFFDIV
head)]{.underline} authority to designate the Chair and invite members
to serve on the ([name of the committee).]{.underline}

This authority may be redelegated to the ([next level).]{.underline}
This authority may not be redelegated below the ([next lower
level).]{.underline}

Redelegation will be effected in writing, copies of which will be
delivered to the Department Committee Management Office within five
business days.

Date Secretary

[FINANCIAL OPERATING PLAN]{.underline}

INSTRUCTIONS

Page 1: [Date]{.underline}: Enter date of preparation.

> [Name of Committee]{.underline}: If a name change is being proposed,
> enter that name in caps and the current name in parentheses underneath
> it.
>
> [Authorized Public Members:]{.underline} Enter the total number of
> authorized public members as shown in the charter or the legislation.
>
> [Authorized Federal Members:]{.underline} Enter the total number of
> authorized Federal members as shown in the legislation or charter.
>
> [Current Public and Federal Members:]{.underline} On the appropriate
> line, enter the number of members on the committee at the time of
> preparation of the FOP.
>
> [Number of Members for Projected Year, if other than authorized
> members:]{.underline} If an increase or decrease is expected in the
> projected year, enter the number you are using to compute the
> financial information for that year.
>
> [TOTAL COSTS PER COMMITTEE]{.underline}
>
> Add items 1 and 2 (under total costs per committee) and complete as
> the last entry.

1.  Operating Costs---Total

> To arrive at this total, enter the data for Members Costs, Ad Hoc
> Visitors, and Administrative Overhead, add all the subtotals for
> Member Costs, Ad Hoc Visitors, and Administrative Overhead on pages
> 1---3. Enter for Current and Projected Years, respectively, at
> Operating Costs, Line 1 on page 1.
>
> 2\. Federal Staff Costs---Total
>
> To arrive at this total, add items 1---13 on pages 4 and 5 (plus any
> additional pages) for each employee listed for the current year and
> projected year and enter at the top of pages 1 and 3.
>
> [MEMBER COSTS]{.underline}

1.  [Meetings]{.underline}

    a.  Travel: Under the current year, enter the amount spent by the
        members on all travel (including local transportation costs).
        Under the projected year, enter an estimated amount. The latter
        costs should reflect the projected inflation rate specified for
        that year.

> b\. Per Diem: Under the current year, enter the total amount of
> reimbursement for daily expenses. Under the projected year, enter an
> estimated amount. Per Diem rates are not affected by the inflation
> factor.

c.  SGE/Consultant Fees: Enter the daily rate of compensation for
    committee members in the blank preceding "per day." For the current
    year, enter actual expenses for compensation. To determine this
    figure, multiply the number of man meeting days (that is, the number
    of days multiplied by the number of participants) by the daily rate
    of compensation, e.g., 6 meeting days x 16 members x \$100 per day -
    \$9600. Federal members do not receive consultant fees. For
    projected year, use the same formula to estimate consultant fees.

> d\. SUBTOTAL---Meeting Costs: Add Lines 1.a. through 1.c. and
>
> enter the total on this line.

e.  Number of Meeting Days: For the current year, enter on the line to
    the left of the diagonal the actual number of days the committee
    met. For the projected year, enter on the line to the right of the
    diagonal the estimated number of days the committee is expected to
    meet in the coming year.

f.  Number of Non-Federal Man Meeting Days: To determine the number of
    non-Federal man meeting days, multiply the total number of meeting
    days by the total number of non-Federal members participating in the
    meetings and enter on the line to the left of the diagonal for the
    current year. Use the same formula to estimate man meeting days for
    the projected year and enter to the right of the diagonal mark.

g.  Number of Federal Man Meeting Days: For Federal members, follow
    instructions in Item f.

: 2. [Site Visits]{.underline}

Travel: Under the current year, enter the amount spent by the members on
travel (including local transportation). Under the projected year, enter
an estimated amount. The latter costs should reflect the projected
inflation rate specified for that year.

Per Diem: Under the current year, enter the total amount of
reimbursement for daily expenses. Under the projected year, enter an
estimated amount. Per Diem rates are not affected by the inflation
factor.

SGE/Consultant Fees: Enter the daily rate of compensation for committee
members in the blank preceding "per day." For the current year, enter
actual expenses for compensation. To determine this figure, multiply the
number of site visit man days (that is, the number of days times the
number of participants) by the daily rate of compensation, e.g., 4 site
visit days x 2 members x \$100 per day-\$800. Federal members do not
receive consultant fee. For projected year, use the same formula to
estimate consultant fees.

SUBTOTAL-Site Visit Costs: Add lines 2.a. through 2.c. and enter total
on this line.

Number of Site Visit Days: For the current year, enter on line to the
left of the diagonal the number of days the members participated in site
visits. For the projected year, enter on the line to the right of the
diagonal the number of days the members may be expected to participate
in site visits.

Number of non-Federal Site Visit Man Days: To determine the number of
non-Federal site visit man days, multiply the total number of
non-Federal members participating in site visits and enter on the line
number to the left of the diagonal for the current year. Use the same
formula to estimate site visits days for the projected year and enter to
the right of the diagonal.

Number of Federal Site Visit Days: For Federal members, follow
instructions in Item f.

> 3\. Other Committee-related Activities
>
> Report costs of travel, per diem, and consultant fees for committee
> members who participate in planning or special project meetings or any
> other activity not covered in Items 1 and 2 above.
>
> Complete other items as instructed above.

Page 2: [AD HOC VISITORS]{.underline}

> For meetings and site visits, list expenses for persons who are not
> committee members but who provide specific services related to
> committee activities. Follow instructions to report travel, per diem,
> and SGE/Consultant fees, as shown in Items 1 and 2 above. Report only
> number of meeting days attended by the ad hoc visitor---not the number
> of days the committee met.

Page 3: [ADMINISTRATIVE OVERHEAD]{.underline}

> Include only those costs, which would be eliminated if the committee
> were terminated. Costs for such things as utilities, telephones,
> ordinary postal fees, messenger service, supplies, and materials, and
> Xeroxing would continue if there were no committee and, therefore,
> should not be reported here. Where appropriate, include the designated
> inflation rate for the projected year figures.

Page 4: [FEDERAL STAFF COSTS]{.underline}

> Title/Grade: Enter the title, grade, and step of the Federal employee,
> e.g., Executive Secretary, GS 15/3.
>
> 1\. Annual Salary: Enter the annual rate of pay from the
>
> appropriate published pay schedule for General Schedule (GS)
> employees. Enter this figure in both columns for Annual Salary. The
> rates for General Merit (GM) employees and Commissioned Corps (CC)
> will vary and may be obtained from the Personnel or Budget Offices or
> from the employee's pay stub. (See footnote regarding compensation for
> Commissioned Corps personnel). [^4]
>
> 2\. Cost-of-Living Increase: For the projected year, enter the
>
> amount of the expected increase for all employees, including
> commissioned officers. Merit pay employees do not always receive the
> same rate of increase. (Merit pay employees carry the designation "GM"
> before their grade and generally are managers and supervisors in
> grades 13 to 15). Include appropriate percent on blank lines. Merit
> pay bonuses should not be included here. (See footnote regarding
> compensation for Commissioned Corps personnel).
>
> 3\. Other Projected Increases: Include here any amounts for merit
>
> pay bonuses, within-grade increases, quality step increases, and any
> other increases which are anticipated for the projected year. Type in
> blank space the source of the increase, e.g., "in-grade increase" or
> "promotion." Enter N/A on the percent line if it does not apply.

4.  SUBTOTAL---Projected Annual Salary: Add the figures on

> line 1 through 3 and enter the result here.

5.  Fringe Benefits: For GS and GM employees, enter percentage

> of the amount shown on line 1 for the current year and on line 4 for
> the projected year. Report Commissioned Corps additional income, as
> instructed in item 2, above. (See footnote regarding compensation for
> Commissioned Corps personnel.)

6.  Annual Compensation: For the Current Year, add items 1 through 5 and
    enter the total at item 6. For the Projected Year, add items 4 and 5
    and enter the total on this line.

7.  Percent of Time Devoted to Committee Work: For the Current Year,
    enter on the line to the left of the diagonal the percent of time
    actually spent. For the projected year, enter on the line to the
    right of the diagonal the percent of time anticipated to be spent.

8.  Net Compensation: To arrive at this figure, multiply the annual
    compensation (line 6) by the percent of work time (line 7), e.g.,
    \$69, 503 x .50 - \$34,752 and enter the result on this line. It is
    the cost of the time devoted to, or projected to be devoted to,
    committee work.

9.  Meetings

    a.  Travel: Under the current year, enter the amount spent by the
        employee on all travel (including local transportation costs).
        Under the projected year, enter the amounts anticipated to be
        spent. The latter costs should reflect the projected inflation
        rate specified for that year.

    b.  Per Diem: Under the current year, enter the total amount of
        reimbursement for daily expenses. Under the projected year,
        enter the amount estimated for the coming year. Per Diem rates
        are not affected by the inflation factor.

    c.  Number of Days: For the current year, enter to the left of the
        diagonal the total number of meeting days attended. For the
        coming year, project the number of meeting days and enter on the
        line to the right of the diagonal mark.

10. SUBTOTAL---Meeting Costs: Add lines 9.a and 9.b and enter results
    here.

11. Site Visits: Follow instructions shown under item 9.

> 12\. SUBTOTAL---Site Visit Costs: Add lines 11.a and b and enter
>
> results here.
>
> 13\. TOTAL STAFF COSTS: Add lines 8., 10., and 12., and enter total on
> this line.
>
> Use additional pages for staff costs, as needed.

[TOTAL STAFF SUPPORT YEARS]{.underline}

> To arrive at this total, add items 7 on pages 4 and 5 (plus any
> additional pages) for each employee listed for the current year and
> for the projected year and enter on the second line from the top of
> page 4. Show in decimals the actual percentage used, e.g., 1.50 staff
> support years. The staff support year figure shown here must be the
> same figure as that shown in the chart and the Financial Comparison
> form.

### 

####  Page 1

#### Date\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

FINANCIAL OPERATING PLAN (Fiscal Year)

#### Name of Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Authorized Public Members\_\_\_\_\_\_\_ Current Public
Members\_\_\_\_\_\_\_

\*\*Authorized Federal Members\_\_\_\_\_ Current Federal
Members\_\_\_\_\_ Number for Projected Year\_\_\_\_

(\*\* Authorized Federal members designated in the charter.)

Current Projected

Fiscal Year Fiscal Year

[TOTAL COSTS PER COMMITTEE]{.underline} \$\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_

1\. Operating Costs---Total \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

2\. Federal Staff Costs---Total \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

[MEMBER COSTS]{.underline}

1\. [Meetings]{.underline}

a\. Travel: Non-Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

b\. Per Diem: Non-Federal Members \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

c\. SGE/Consultant Fees at \$\_\_\_\_\_per day \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

d\. SUBTOTAL---Meeting costs \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

e\. Number of meeting days \_\_\_/\_\_\_

f\. Number of Non-Federal meeting days \_\_\_/\_\_\_

g\. Number of Federal Meeting days \_\_\_/\_\_\_

2\. [Site Visits]{.underline}

a\. Travel: Non-Federal Members \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_

b\. Per Diem: Non-Federal Members \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_

c\. Consultant Fees at \$\_\_\_\_ per day \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

d\. SUBTOTAL---Site Visit Costs \$\_\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

Page 2

Name of
Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

e\. Number of site visit days\_\_\_/\_\_\_

f\. Number of Non-Federal site visit days\_\_\_/\_\_\_

g\. Number of Federal site visit days \_\_\_/\_\_\_

3\. [Other Committee-related Activities]{.underline}

a\. Travel: Non-Federal Members \_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

b\. Per Diem: Non-Federal Members \_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

c\. Consultant fees at \$\_\_\_\_\_ per day \_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

d\. SUBTOTAL---Other Activities \_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

e\. Number of meeting days \_\_\_/\_\_\_

f\. Number of Non-Federal meetings days\_\_\_/\_\_\_

g\. Number of Federal meeting days \_\_\_/\_\_\_

[AD HOC VISITORS]{.underline}

1\. [Meetings]{.underline}

a\. Travel: Non-Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

b\. Per Diem: Non-Federal Members \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_

c\. SGE/Consultant Fees at \$\_\_\_\_\_per day \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_

d\. SUBTOTAL---Meeting costs \$\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_

e\. Number of meeting days \_\_\_/\_\_\_

f\. Number of Non-Federal meeting days \_\_\_/\_\_\_

g\. Number of Federal Meeting days \_\_\_/\_\_\_

Page 3

Name of
Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

2\. [Site Visits]{.underline}

a\. Travel: Non-Federal Members \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_

b\. Per Diem: Non-Federal Members \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

Federal Members \_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_

c\. Consultant Fees at \$\_\_\_\_ per day \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

d\. SUBTOTAL---Site Visit Costs \$\_\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

e\. Number of site visit days\_\_\_/\_\_\_

f\. Number of Non-Federal site visit days\_\_\_/\_\_\_

g\. Number of Federal site visit days \_\_\_/\_\_\_

[ADMINISTRATIVE OVERHEAD]{.underline}

1\. Printing (Special publication, reports, etc.) \$\_\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

2\. Rental of Meeting Facilities \_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

3\. Supplies and Materials (Stationery, Special Equipment, etc.)
\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_

4\. Special Mailing Cost (Federal Express, Purolator, etc.)
\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_

5\. Court Reporting/Transcripts \_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_

6\. SUBTOTAL---Administrative Overhead \$\_\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_

Page 4

Name of
Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> Current Projected

Fiscal Year Fiscal Year

[TOTAL FEDERAL STAFF COSTS]{.underline} \$\_\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_\_

Total Staff Support Years: \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

A. Title/Grade:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

1\. Annual Salary \$\_\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_

2\. Cost-of-Living Increase (\_\_\_\_\_) \_\_\_\_\_\_\_\_\_\_\_

3\. Other Projected Increase (\_\_\_\_\_) within-grade
\_\_\_\_\_\_\_\_\_\_\_

4\. SUBTOTAL---Projected Annual Salary \_\_\_\_\_\_\_\_\_\_\_

5\. Fringe Benefits (20% for GS; lump sum/40% for CC)
\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

6\. Annual Compensation \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

7\. Percent of time devoted to committee work \_\_\_\_\_/\_\_\_\_\_

8\. Net Compensation \$\_\_\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_

> 9\. [Meetings]{.underline}
>
> a\. Travel \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> b\. Per Diem \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> c\. Number of days \_\_\_\_/\_\_\_\_
>
> 10\. SUBTOTAL---Meeting Costs \$\_\_\_\_\_\_\_\_\_\_\_
> \$\_\_\_\_\_\_\_\_\_\_\_
>
> 11\. [Site Visits]{.underline}
>
> a\. Travel \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> b\. Per Diem \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> c\. Number of days \_\_\_\_/\_\_\_\_
>
> 12\. SUBTOTAL---Site Visits \$\_\_\_\_\_\_\_\_\_\_\_
> \$\_\_\_\_\_\_\_\_\_\_
>
> 13\. TOTAL STAFF COST---Employee A \$\_\_\_\_\_\_\_\_\_\_\_
> \$\_\_\_\_\_\_\_\_\_\_
>
> Page 5

Name of
Committee\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

> Current Projected

Fiscal Year Fiscal Year

[TOTAL FEDERAL STAFF COSTS]{.underline} \$\_\_\_\_\_\_\_\_\_\_
\$\_\_\_\_\_\_\_\_\_\_

Total Staff Support Years: \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

A. Title/Grade:\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

1\. Annual Salary \$\_\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_

2\. Cost-of-Living Increase (\_\_\_\_\_) \_\_\_\_\_\_\_\_\_\_\_

3\. Other Projected Increase (\_\_\_\_\_) within-grade
\_\_\_\_\_\_\_\_\_\_\_

4\. SUBTOTAL---Projected Annual Salary \_\_\_\_\_\_\_\_\_\_\_

5\. Fringe Benefits (20% for GS; lump sum/40% for CC)
\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

6\. Annual Compensation \_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_

7\. Percent of time devoted to committee work \_\_\_\_\_/\_\_\_\_\_

8\. Net Compensation \$\_\_\_\_\_\_\_\_\_\_\_ \$\_\_\_\_\_\_\_\_\_\_

> 9\. [Meetings]{.underline}
>
> a\. Travel \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> b\. Per Diem \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> c\. Number of days \_\_\_\_/\_\_\_\_
>
> 10\. SUBTOTAL---Meeting Costs \$\_\_\_\_\_\_\_\_\_\_\_
> \$\_\_\_\_\_\_\_\_\_\_\_
>
> 11\. [Site Visits]{.underline}
>
> a\. Travel \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> b\. Per Diem \_\_\_\_\_\_\_\_\_\_\_\_ \_\_\_\_\_\_\_\_\_\_\_
>
> c\. Number of days \_\_\_\_/\_\_\_\_
>
> 12\. SUBTOTAL---Site Visits \$\_\_\_\_\_\_\_\_\_\_\_
> \$\_\_\_\_\_\_\_\_\_\_
>
> 13\. TOTAL STAFF COST---Employee A \$\_\_\_\_\_\_\_\_\_\_\_
> \$\_\_\_\_\_\_\_\_\_\_

**[USE BOND PAPER]{.underline}**

PROPOSED PLAN FOR APPROPRIATE BALANCE OF

COMMITTEE MEMBERSHIP

The ([Name of the Committee)]{.underline} will consist of ([Number of
members)]{.underline}, including the Chair, who are knowledgeable of the
issues related to the Committee's function. They shall be selected from
outstanding authorities in the fields of ([List areas of expertise
required exactly as stated in the structure section of the
Charter).]{.underline}

The Department will give close attention to equitable geographic
distribution and to minority and female representation so long as the
effectiveness of the Committee is not impaired.

Appointments shall be made without discrimination on the basis of age,
race, ethnicity, gender, sexual orientation, HIV status, disability, and
cultural, religious, or socioeconomic status.

**[INSTRUCTIONS FOR PREPARING FILING LETTERS TO]{.underline}**

**[APPROPRIATE HOUSE AND SENATE COMMITTEES]{.underline}**

**[AND THE LIBRARY OF CONGRESS]{.underline}**

Letters (sample letter attached) are to be prepared for the following:

The Honorable (Name of Chair)

Chairman, (appropriate name of committee)

House of Representatives

Washington, DC 20515

The Honorable (Name of Chair)

Chairman, (appropriate name of committee)

United States Senate

Washington, DC 20510

Federal Advisory Committee Desk

Library of Congress

101 Independence Avenue, SE

Federal Advisory Committee Desk

Washington, DC 20540

Note: You may contact the DCMO office to obtain the appropriate name of
the committee as the name of the committees change when the political
administration changes.

[STATIONERY, ENVELOPES AND NUMBER OF COPIES:]{.underline}

An original letter typed on Office of the Secretary stationery with
properly addressed Office of the Secretary envelope for each addressee-1
each

Document (s) to be filed (CHARTER OR CHARTER AMENDMENT ONLY)

[HOW TO ASSEMBLE PRIOR TO SUBMITTING TO THE DCMO FOR
SIGNATURE:]{.underline}

1.  Original of outgoing letter, and enclosure (s) (charter or charter
    amendment) arranged in the sequence in which mentioned or listed in
    the letter, when appropriate.

2.  Envelope for outgoing letter and enclosure (s).

3.  The remaining three (3) copies of enclosure (s), also arranged in
    the sequence mentioned or listed in the letter.

**[OS LETTERHEAD]{.underline}**

[SAMPLE FILING LETTER]{.underline}

Note: This letter is sent to the House, Senate, and Library of Congress.

Addressee:

House; Senate; or Library of Congress

Address (refer to instructions)

Dear \_\_\_\_\_\_\_\_\_\_\_\_\_:

A copy of the Charter for the following committee is enclosed for your
Committee file in accordance with section 9(c) of Public Law 92-463:

(NAME OF THE COMMITTEE)

The Act requires the Department to file a copy of the Charter for each
Advisory Committee it utilizes with the standing committee of the Senate
and of the House of Representatives having legislative jurisdiction of
the Department, and with the Library of Congress.

Sincerely,

Name

Department Committee Management Officer

Enclosure

**[THE SECRETARY OF HHS STATIONERY]{.underline}**

**AMENDED CHARTER**

**OF THE**

(Name of the Committee)

[Purpose]{.underline}

*\<If the programmatic responsibility is the same then use the same
language, if not, give a brief summary of new responsibilities imposed
on the Department by law.\>*

[Authority]{.underline}

*\<Use U.S. Code specifically authorizing the committee's formation; or
U.S. Code authorizing committees to be administratively established;
PLUS, "The Committee (Commission or other title) is governed by
provisions of Public Law 92-463, as amended (5 U.S.C. Appendix 2), which
sets forth standards for the formation and use of Advisory
Committees."\>*

[Function]{.underline}

*\<If function has changed, give revised duties\>*

[Structure]{.underline}

*\<State new structure, if it has changed\>*

[Meetings]{.underline}

*\<Give changes, if applicable\>*

[Compensation]{.underline}

*\<Change new honorarium figures, if applicable\>*

[Annual Cost Estimate]{.underline}

*\<Give new estimate for operating the committee and staff support
cost.\>*

**[USE BOND PAPER FOR SUBSEQUENT PAGES]{.underline}**

[Reports]{.underline}

*\<Use Standard language.\>*

[Termination Date]{.underline}

*\<Use current Charter duration language\>*

APPROVED:

[\_\_\_\_\_\_\_\_]{.underline}

Date Secretary

**[OFFICE OF THE SECRETARY STATIONERY]{.underline}**

[SAMPLE FILING LETTER FOR AN **AMENDED CHARTER **]{.underline}

[TO THE STANDING COMMITTEE OF THE SENATE, HOUSE]{.underline}

[OF REPRESENTATIVES, AND THE LIBRARY OF CONGRESS]{.underline}

Addressee:

House; Senate; or Library of Congress (use most appropriate)

Dear (Name):

A copy of the amended charter of the (Name of the Committee) is enclosed
for your committee file in accordance with Section 9 (c) of Public Law
92-463.

Sincerely,

Name

Title

Enclosure

**[MEMORANDUM TO THE DCMO]{.underline}**

[FORMAT FOR NOTICE OF TERMINATION]{.underline}

TO: DCMO

FROM:

SUBJECT: Notice of Termination

This is to notify you that the ([Name of the Committee]{.underline})
issued its final report on ([month, day, year]{.underline}) and will be
officially terminated on ([month, day, year).]{.underline}

(Signed by CMO or DFO)

**[OPDIV/STAFFDIV LETTERHEAD]{.underline}**

[FORMAT FOR REQUESTING ABOLITION]{.underline}

TO:

FROM:

SUBJECT: Abolition of the (Name of the Committee)

[DISCUSSION]{.underline}

The ([Name of the Committee]{.underline}) was established on ([date of
establishment]{.underline}) to ([discuss what the committee was
initially established to do).]{.underline} *(Give an explanation as to
why the committee has outlived its usefulness.)*

[RECOMMENDATION]{.underline}

That the ([title of approving official]{.underline}) approve the
abolition of the (Name of the committee),

effective ([give desired date, e.g. April 30, 2001).]{.underline}

[DECISION:]{.underline}

Approve Disapprove [\_\_\_\_]{.underline} Date
[\_\_\_\_\_\_\_\_\_\_\_\_\_\_]{.underline}

**[OPDIV/STAFFDIV STATIONERY]{.underline}**

[ACTION MEMO: RECOMMENDING NOMINEES]{.underline}

[FORMAT FOR MEMORANDUM TO THE SECRETARY]{.underline}

TO: The Secretary

THROUGH: COS

WHL

FROM: (Title of Requester)

SUBJECT: Recommended Nominees for the Advisory Committee on ( Name of

Issue)

[BACKGROUND]{.underline}

*\<Give background or purpose of this committee.\>*

[DISCUSSION]{.underline}

Attached are HHS forms 532 and supporting data for the nomination of
members to serve on the (Name of Committee). The proposed new members
include [(number of)]{.underline} female candidates and ([number
of)]{.underline} minority candidate (s). If this slate is adopted, the
Committee will have ([number of )]{.underline} minority representative
(s) and ([number of)]{.underline} women out of [(total number of
members).]{.underline}

[Retiring Members]{.underline}

*\<List the name of members retiring.\>*

[Nominees]{.underline}

*\<List each nominee separately, his/her title, Place of Employment,
City and State. Also, provide strong justification as to why the
nominee's appointment to the committee is required, e.g., his/her
expertise is uniquely germane to the committee.\>*

**EXAMPLE:**

*1. Lisa Moore, M.D., Assistant Professor of Medicine, Department of
Medicine, School of Medicine, University of North Carolina.*

*Dr. Moore received her medical degree from the University of Pittsburgh
School of medicine, Pittsburgh, Pennsylvania. She is ([write a strong
justification as to why the nominee's appointment to the committee is
required, e.g. her expertise is uniquely germane to the function of the
committee.)]{.underline}*

*2. Wayne L. Crocus, Ph.D., Yale University School of Medicine, New
Haven, Connecticut.*

*Dr. Crocus received his doctoral degree in biophysics from the
University of Hawaii. Her research interests include chemical senses and
food intake in mammals. [(Write a strong justification as to why this
nominee's appointment to the committee is required and her expertise is
uniquely germane to the function of the committee.)]{.underline}*

***Write similar information as #1 and \# 2 above for each nominee. Also
indicate by asterisk (\*), the proposed chair of the committee.***

RECOMMENDATION

I recommend that you approve the appointment of these nominees.

APPROVE DISAPPROVE DATE

**[USE PLAIN BOND PAPER]{.underline}**

**PROFESSIONAL AREA BREAKDOWN**

**ADVISORY COMMITTEE ON COMMUNICABLE DISEASES**

Authorized Public Positions -- 12

[Name]{.underline} [Term Ending]{.underline} [Expertise]{.underline}
[Prof/Lay]{.underline} [Geog.]{.underline} [Min/Fem]{.underline}

Orchid 6/30/01 Educator x DC x x

Pansy 6/30/01 Researcher x NY x

Rose 6/30/01 Ophathalmology x TN

Azalea 6/30/02 Hematology x AL x

Daisy 6/30/02 Pediatrics x NC x

Zinnia 6/30/02 Community Hlth x CA x

Begonia 6/30/03 Public Member x IL

Lily 6/30/03 Clinician x AR

\*Tulip 6/30/03 Clinical Research x OH x

[Proposed Members:]{.underline}

Crocus 6/30/04 Biophysicist x HI x

Irish 6/30/04 Med. Educator x MN x

Poppy 6/30/04 Researcher x FL X

\*Chair

**[THE SECRETARY OF HHS STATIONERY/DELEGATED OFFICIALS OPDIV/STAFFDIV
LETTERHEAD]{.underline}**

[SAMPLE LETTER OF INVITATION]{.underline}

Name of Nominee

Title, Department

Address

Dear (name):

I am delighted to invite you to serve on the ([Name of the
Committee]{.underline}), for a term beginning
([immediately]{.underline}) and ending ([month, day, and
year]{.underline}), subject to prescribed appointment procedures and to
periodic review of the Committee's functions. Enclosed is a copy of the
Charter, which describes the structure and functions of the Committee.

Please indicate your acceptance or declination by signing and returning
the enclosed Acknowledgement of Invitation. Upon learning of your
acceptance, I will ask the ([title of official]{.underline}) to provide
you with further information concerning your appointment.

I hope you will be able to accept this invitation and give us the
benefit of your valued counsel.

Sincerely,

Name

Enclosure

**[THE SECRETARY OF HHS STATIONERY]{.underline}**

[SAMPLE LETTER OF REAPPOINTMENT]{.underline}

Name of member

Title

Address

Dear (name of member):

I am delighted to reappoint you to serve on the (Name of the Committee)
of the (Name of the agency) for a term beginning (immediately) and
ending (month, day, and year), subject to prescribed appointment
procedures and to periodic review of the Committee's functions.

I hope you will find it possible to accept this invitation and give us
the benefit of your valued counsel. You may indicate your acceptance or
declination by signing and returning the enclosed Acknowledgement of
Invitation.

Upon learning of your acceptance, I will ask the (title of agency head)
to provide you with further information concerning your appointment.

Sincerely,

Name

Title

Enclosure

**[BOND PAPER]{.underline}**

[SAMPLE OF ACKNOWLEDGEMENT OF INVITATION]{.underline}

ACKNOWLEDGEMENT OF INVITATION

Name of Contact Person

OPDIV/STAFFDIV/AGENCY

Address

Subject Committee: ([NAME OF COMMITTEE)]{.underline}

\_\_\_\_\_ I am pleased to accept the Secretary's invitation to serve on
the Committee

> named above, and await further instructions regarding the Committee's
> schedule.

\_\_\_\_\_ I regret that I am unable to accept the Secretary's
invitation to serve on the

Committee named

above.

Signature

Date

MAILING ADDRESS:

Name of Nominee

Title

Address

**[THE SECRETARY OF HHS STATIONERY]{.underline}**

[SAMPLE LETTER OF APPRECIATION #1]{.underline}

(name of Member)

(Job Title/Company)

(Address)

Dear (prefix and last name of member):

Thank you for your dedicated service as a member of the (name of
committee). I commend your willingness to spend long hours in
preparation for your committee responsibilities and the sacrifice of
your private interests to assist in developing policy-relevant
recommendations for (purpose of committee).

Although your membership on the committee is ending, we hope we may be
able to call upon you for further assistance and advice as the occasions
may arise.

Sincerely,

(name of Secretary)

**[THE SECRETARY OF HHS STATIONERY]{.underline}**

[SAMPLE LETTER OF APPRECIATION, #2]{.underline}

\*A "Certificate of Appreciation" must be attached to this letter.

(Name of member)

(Title/ Company)

(Address)

Dear (name of member):

Thank you for your most helpful service as a member of the (name of
committee). I appreciate your Committee responsibilities and your
dedicated efforts assisting in identifying and making recommendations on
policy issues raised by genetic testing. We hope that we may be able to
call upon you for further assistance and advice as the occasion may
arise.

In recognition of your service on the (name of Committee), I am pleased
to present the enclosed certificate to you.

Sincerely,

(name of Secretary)

Enclosure

**[BOND PAPER]{.underline}**

[SAMPLE WAIVER OF COMPENSATION]{.underline}

I,\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_, agree to serve on the
(Name of the committee) without compensation, and hereby waive my rights
to any compensation from the United States to which I am entitled under
law.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
\_\_\_\_\_\_\_\_\_\_\_\_\_

Signature Date

[^1]: The Office of General Counsel in charge of the division serving
    your agency must check the authorities to be referenced in the
    charter, prior to preparation of this document, as they will
    determine other components of the charters.

[^2]: This should set forth terms specified by law, or you may use the
    following: Members shall be invited to serve for overlapping 4 year
    terms, except that any member appointed to fill a vacancy for an
    unexpired term shall be appointed for the remainder of such term. A
    member may serve after the expiration of the member's term until a
    successor has taken office.

[^3]: Unless provided otherwise by statute, language should conform to
    policy of your operating agency with regard to rates of compensation
    and method of computation of it and travel expenses; e.g., some
    agencies pay \$200 per day [for time spent]{.underline} at
    meetings---others do not compensate members. This should be stated.

[^4]: \* For Commissioned Officers, enter base pay for actual and
    projected years on line 1., "Annual Salary." Use line 5, "Fringe
    Benefits," for both years to report a lump sum for such things as
    Basic Allowance for Quarters and Subsistence, Variable Housing
    Allowance, FICA, and Special Retention Pay. If these figures are not
    available to you, add 22.5 percent to the base pay recorded on line
    1 and enter on line 5 of both years. In addition, to calculate the
    projected year, enter the percentage and amount of the
    cost-of-living increase on line 2, add lines 1 and 2 and enter the
    total on line 4; complete the remainder of the column as instructed.