August 30, 1977 MP-1, Part I

Chapter 12

CONTENTS

CHAPTER 12. ADVISORY COMMITTEES

PARAGRAPH PAGE

1.  PURPOSE 12-1

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2.  DEFINITIONS 12-1

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3.  COMMITTEE MANAGEMENT OFFICER 12-1

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4.  POLICY 12-1

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5.  COMMITTEES COVERED BY PUBLIC LAW 92-463, AS AMENDED 12-2

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6.  ACCESS TO RECORDS BY OMB SECRETARIAT 12-3

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7.  GUIDELINES FOR THE CREATION AND RENEWAL OF ADVISORY

COMITTEES 12-3

8.  OPERATION OF ADVISORY COMMITTEES 12-4

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9.  SUBMISSION OF REPORTS AND CHARTERS TO LIBRARY OF

CONGRESS 12-9

10. OMB ANNUAL ZERO BASE REVIEW; PERIODIC REPORTS 12-9

12-i

August 30, 1977 MP-1, Part I

Chapter 12

CHAPTER 12. ADVISORY COMMITTEES

1.  **PURPOSE**

This chapter establishes policy, standards and requirements for the VA
management of advisory committees in accordance with the Federal
Advisory Committee Act, Public Law 92-463 \[, as amended by Public Law
94-409,\] Executive Order 11686 (October 7, 1972), and the revised draft
of OMB Circular A-63 \[, as amended.\]

2.  **DEFINITIONS**

For purposes of this chapter:

a.  "Act" means the Federal Advisory Committee Act, Public Law 92-463
    \[, as amended.\]

b\. "Advisory committee" has the meaning set forth in paragraph 5 of
this chapter.

c\. "Interagency committee" means a committee made up wholly of
full-time officers or employees of one or more departments or agencies
of the Federal Government, and expected to be in existence more than 12
months.

d\. "Intra-agency committee" means a committee made up wholly of
full-time officers or employees of one department or agency of the
Federal Government which is expected to be in existence more than 12
months.

e\. "Full-time" officers or employees refer to all such persons employed
on a full-time basis. For purposes of this chapter, a VA employee who is
on a seven-eights full-time schedule will be considered to be a
full-time employees.

f\. "Agency head" means the head of an agency which uses an advisory
committee, or the delegate of such agency head. For purposes of this
chapter, the delegate of the Administrator of Veterans Affairs is the VA
Committee Management Officer.

g\. "OMB Secretariat" is the office established within OMB to administer
the provisions of \[OMB Circular A-63, as amended.\]

h\. "Presidential advisory committee" means an advisory committee which
advises the President.

i\. "Statutory advisory committee" is one specifically established by
the Congress.

j\. "Nonstatutory advisory committee" is one established by the
President or a Federal officer, including a committee which was
authorized but not established by a Federal statute.

**3. COMMITTEE MANAGEMENT OFFICER**

a\. Designation. The Committee Management Officer of the VA is the
Associate Deputy Administrator who will act for the Administrator of
Veterans Affairs in problems concerned with committee management.

b\. Responsibilities. \[ \] Responsible for:

\(1\) The VA committee control system and the implementation of this
chapter.

\(2\) Consulting with the Office of Management and Budget or the General
Counsel who may, if \[it is\] necessary, consult with the Office of
Legal Counsel of the Department of Justice regarding interpretation of
laws and regulations affecting Federal committee management.

\(3\) Insuring that there is maintained in a single location a complete
set of the charters of each committee subject to the provisions of this
chapter.

\(4\) Submission of an annual agency report to OMB.

**4. POLICY**

In interpreting this chapter, the purposes of Congress in adopting
Public Law 92-463 \[, as amended,\] and the President (as expressed in
the aforementioned Executive order and OMB Circular A-63 \[, as
amended,\]) will be followed. These purposes include:

a\. Limiting the number of advisory committees to those that are
essential and terminating any committees which are not fulfilling their
purposes:

b\. Insuring effective use of advisory committees to those their
recommendations, while assuring that decisional authority is retained by
the responsible Federal officers;

c\. Providing clear goals, standards and uniform procedures with respect
to creation, operation, and duration of committees.

d\. Insuring that adequate information is provided to the President, the
Congress and the public regarding advisory committees, and

e\. Insuring adequate opportunities for access by the public to advisory
committee meetings.

5\. COMMITTEES COVERED BY PUBLIC LAW 92-463\[, AS AMENDED\]

a\. Basic meaning of "advisory committee."

\(1\) Subject to the exclusion of committees composed wholly of
full-time Federal employees and the other exclusions described in
subparagraph b below, the term "advisory committee" means:

> any committee, board, commission, council, conference, panel, task
> force, or other similar group, or any subcommittee or other subgroup
> thereof which is-

\(a\) established by statute or reorganization plan, or

\(b\) established or utilized by the President, or

(c ) established or utilized by one or more agencies,

> in the interest of obtaining advice or recommendations for the
> President or one or more agencies or officers of the Federal
> Government.

In general such advisory committees have all or most of the following
characteristics:

[1]{.underline}. Fixed membership, usually selected by a Federal
official or determined on the basis of Federal law;

[2]{.underline}. Establishment by a Federal official or law; or, if not
Federally established, the initiative for its use as an advisory body
for the Federal Government comes from a Federal official rather than
from a private group;

[3]{.underline}. A defined purpose of providing advice regarding a
particular subject or particular subjects;

[4]{.underline}. An organizational structure (e.g., officers) and a
staff;

[5]{.underline}. Regular or periodic meetings.

\(2\) Committees "utilized" to advise a Federal official or agency,
though not established for that purpose, are covered by this chapter to
the extent that the group is engaged in advising the Federal official or
agency.

\(3\) The definition of "advisory committee" includes "subcommittee(s)"
and "other subgroup(s)" of the defined types of groups.

\(4\) A group satisfying the other criteria outlined above may be an
"advisory committee" even though its duration is short. For example, a
task force created to complete, with a period of months, a study of a
particular situation might be covered. Another example of an ad hoc (or
noncontinuing) group which might be subject to the Act is a committee
whose function is to conduct a single conference.

\(5\) In general, the functions of an advisory committee are to be
solely advisory. Where a group provides some advice to the VA, but the
group's advisory function is incidental and inseparable from other
(e.g., operational) functions, the provisions of this chapter do not
apply. However, if the advisory function is separable, the group
(whether or not Federally established) is subject to this chapter to the
extent that the group operates as an advisory committee.

b\. Other groups excluded from this chapter's coverage of advisory
committees.

\(1\) An committee (whether advisory, interagency, or intra-agency)
which is composed wholly of full-time officers or employees of the
Federal Government.

\(2\) Any committee which is operational (i.e., has the power to put
into effect its own recommendations) rather than advisory in nature.

\(3\) Any local civic group whose primary function is that of rendering
a public service with respect to a Federal program.

\(4\) Any State or local committee or similar group established to
advise State or local officials or agencies.

\(5\) The term "advisory committee" is not intended to include persons
or organizations (e.g., a consulting firm) which have contractual
relationships with agencies except in those cases where the criteria
described in paragraph 5a above are clearly applicable.

**6. ACCESS TO RECORDS BY OMB SECRETARIAT**

The OMB Secretariat shall have access to the records of any advisory
committee and may require periodic reports concerning advisory committee
operation. On the basis of its annual review of advisory committees, the
Secretariat shall make recommendations to the President, the Director,
and to either the agency head (in the case of an advisory committee
created by the agency) or Congress (in the case of advisory committee
established by statute) regarding the effectiveness of (particular)
advisory committees, revision of advisory committee functions, and
abolition or merger of advisory committees.

**7. GUIDELINES FOR THE CREATION AND RENEWAL OF ADVISORY COMMITTEES**

a\. Advisory committees will be established only when they are
determined to be essential. Their number will be kept to the minimum
necessary. They will be terminated when they are no longer carrying out
the purposes for which they were established or such purposes are no
longer regarded as necessary to the operation of the agency.

b\. No advisory committee shall be established or renewed unless such
establishment or renewal is specifically unless such establishment or
renewal is specifically authorized by statute or the President, or
determined as a matter of formal record by the Committee Management
Officer (after written consultation with the OMB Secretariat) to be in
the public interest in connection with the performance of duties imposed
on the agency by law. In seeking such determination by the Committee
Management Officer, the responsible agency official, seeking to
establish or continue an advisory committee, will make a request in
writing to the Committee Management Officer, describing the nature or
purpose of the proposed committee and the reasons why it is needed,
including an explanation of why the functions of the proposed committee
cannot be performed by VA employees or by an existing committee, or at a
demonstrably lower cost by contract consultants, etc.

c\. No nonstatutory advisory committee (including those in existence on
January 5, 1973) shall meet or take any action until (1) public
announcement of its intended establishment or renewal has been made in
the Federal Register, at least 30 days prior to the formal filing of the
committee's charter, (2) a formal charter has been filed with the
Committee Management Officer, and (3) the committee has been approved by
the OMB Secretariat and the agency. Four copies of the charter will be
provided to the Committee Management Officer for \[ \] file and for
forwarding to (1) the standing committees of the Senate and House of
Representatives having legislative jurisdiction over the agency and (2)
the Library of Congress. The charter shall contain the following
information:

\(1\) The committee's official designation;

\(2\) The committee's objectives and the scope of its activity;

\(3\) The period of time necessary for the committee to carry out its
purposes;

\(4\) The agency or official to whom the committee reports;

\(5\) The agency responsible for providing the necessary support for the
committee;

\(6\) A description of the duties for which the committee is
responsible, and, if such duties are not solely advisory, a
specification of the authority for such functions;

\(7\) The estimated annual operating costs in dollars and man-years for
such committee;

\(8\) The estimated number and frequency of committee meetings;

\(9\) The committee's termination date, if less than 2 years from the
date of the committee's establishment; and

\(10\) The date the charter is filed.

d\. No advisory committee is to be created if its functions could
otherwise be performed within the agency or by an existing committee.

e\. The official creating an advisory committee shall clearly define the
purpose of the committee.

f\. The membership of an advisory committee shall be fairly balanced in
terms of the points of view represented and the committee's functions.

g\. No strict rule of proportional representation of the various types
of groups is applicable. However, in regard to the selection of
committee members, there is to be no discrimination on the basis of
race, color, national origin, religion, or sex.

h\. There shall be appropriate safeguards to assure that an advisory
committee's advice and recommendations will not be inappropriately
influenced by any special interest.

i\. The responsible agency official for each advisory committee shall
prepare at least once each year a report describing its membership,
functions, and actions for submission to the Committee Management
Officer.

j\. Unless specifically provided otherwise by statute or Presidential
directive, advisory committees shall be utilized solely for advisory
functions. For purposes of the provision, "Presidential directive"
refers to an Executive order, Executive memorandum, or an OMB directive.

k\. When a Federally established advisory committee has both advisory
and operating functions and the two types of functions are separable,
this chapter shall apply only to the advisory functions.

l\. Decisions regarding actions or policies relating to matters dealt
with by a VA advisory committee shall be made solely by VA officers.

m\. The responsible agency official for each advisory committee shall
file a formal charter for that committee, including committees
"utilized" as advisory committees, though not established for that
purpose. With regard to formally established subgroups, the requisite
information may be set forth either in the charter of the parent
committee or in a separate charter. Informal subgroups, particularly
those temporary in nature, need not be reflected in a charter.

n\. Each nonstatutory advisory committee existing on January 5, 1973, is
herewith terminated unless renewed by the President or the Committee
Management Officer in accordance with the foregoing procedures. Before a
committee can be renewed \[or established,\] the Committee Management
Officer must \[inform the OMB Secretariat by letter not more than 60
days nor less than 30 days before the committee expires of the
following: (a) his or her determination that renewal is necessary and is
in the public interest; (b) the reasons for his or her determination; (c
) the VA's plan to attain balanced membership of the committee; and (d)
an explanation of why the committee's functions cannot be performed by
VA or by an existing advisory committee. If the Secretariat concurs, the
Committee Management Officer shall certify in writing that the renewal
of the advisory committee is in the public interest and shall publish
notice of the renewal in the Federal Register and shall file a new
charter in accordance with paragraph 7c of this chapter.\]

o\. Any advisory committee which is renewed shall continue for no more
than a 2-year period unless, prior to the expiration of that period, it
is renewed. \[ \] Each advisory committee established by the President
or a Federal officer after January 5, 1973, shall terminate not later
than 2 years after its establishment unless prior to that time it is
renewed. \[ \]

p\. Unless provided otherwise by the establishing authority, the
duration of a subgroup shall be the same as that of the parent
committee.

q\. Each \[advisory committee established by statute or reorganization
plan which is in existence on January 5, 1975, unless its duration is
otherwise provided for by law.

\(1\) Each such advisory committee which is established after January 5,
1973, shall terminate not later than 2 years after its establishment
unless its duration is otherwise provided for by law.

\(2\) Any such statutory advisory committee shall file a new charter
upon the expiration of each successive 2-year period following the date
of enactment of the statute establishing the committee.\]

\(3\) The charters (four copies) will be provided to the Committee
Management Officer.

r\. No advisory committee, for which a new charter is required, shall
take any action, other than preparation and filing of such charter,
between the date the new charter is required and the date it is filed.

**8. OPERATION OF ADVISORY COMMITTEES**

a\. Meetings. The provisions of this paragraph apply to meetings of all
advisory committees and all formal subgroups. Application of this
paragraph to informal subgroups is to be determined by the parent
committee, subject to review by the Committee Management Officer to
insure that there is no use of informal subgroups to evade the
requirements of this chapter.

\(1\) Calling of Meetings and Agenda

\(a\) No advisory committee shall hold any meetings except at the call
of or with the advance approval of a designated Federal official.

\(b\) Except with respect to Presidential advisory committees, each
meeting of a VA advisory committee shall be conducted in accord with an
agenda approved by a VA official. Ordinarily, copies of the agenda shall
be distributed to the members of the committee prior to the date of the
meeting. The agenda shall list the matters to be considered at the
meeting and shall indicate whether any part of the meeting is concerned
with matters which are within the exemptions of \[Public Law 94-409,
"Government in the Sunshine Act," 5 U.S.C. 552b(c ).\] These exemptions
relate to matters that \[the VA properly determines, unless the public
interest requires otherwise, that such portion or portions of its
meeting or the disclosure of such information is likely to -

1\. Disclose matters that are -

a\. Specifically authorized under criteria established by an Executive
order to be kept secret in the interests of national defense or foreign
policy, and

b\. In fact properly classified pursuant to such Executive order;

2\. Relate solely to the internal personnel rules and practices of VA;

3\. Disclose matters specifically exempted from disclosure by statute
(other than 5 U.S.C. 552, the Freedom of Information Act), provided that
such statute-

a\. Requires that the matters be withheld from the public in such a
manner as to leave no discretion on the issue, or

b\. Establishes particular criteria for withholding or refers to
particular types of matters to be withheld;

4\. Disclose trade secrets and commercial or financial information
obtained from a person and privileged or confidential;

5\. Involve accusing any person of a crime, or formally censuring any
person;

6\. Disclose information of a personal nature where disclosure would
constitute a clearly unwarranted invasion of personal privacy;

7\. Disclose investigatory records compiled for law enforcement
purposes, or information which if written would be contained in such
records, but only to the extent that the production of such records or
information would -

[a]{.underline}. Interfere with enforcement proceedings,

[b]{.underline}. Deprive a person of a right to a fair trial or an
impartial adjudication,

[c]{.underline}. Constitute an unwarranted invasion of personal privacy.

[d]{.underline}. Disclose the identity of a confidential source and, in
the case of a record compiled by a criminal law enforcement authority in
the course of a criminal investigation, or by an agency conducting a
lawful national security intelligence investigation, confidential
information furnished only by the confidential source.

[e]{.underline}. Disclose investigative techniques and procedures, or

[f]{.underline}. Endanger the life or physical safety of law enforcement
personnel;

[8]{.underline}. Disclose information contained in or related to
examination, operating, or condition reports prepared by, on behalf of,
or for the use of an agency responsible for the regulation or
supervision of financial institutions;

[9]{.underline}. Disclose information the premature disclosure of which
would -

[a]{.underline}. In the case of an agency which regulates currencies,
securities, commodities, or financial institutions, be likely to-

([1]{.underline}) Lead to significant financial speculation in
currencies, securities, or commodities, or

([2]{.underline}) Significantly endanger the stability of any financial
institution; or

b\. In any case of an agency, be likely to significantly frustrate
implementation of a proposed agency action except that this shall not
apply in any instance where the agency has already disclosed to the
public the content or nature of its proposed action, or where the agency
is required by law to make such disclosure on its own initiative prior
to taking final agency action on such proposal; or

[10]{.underline} Specifically concern the agency's issuance of a
subpoena, or the agency's participation in a civil action or proceeding,
an action in a foreign court or international tribunal, or an
arbitration, or the initiation, conduct, or disposition by the agency of
a particular case of formal agency adjudication pursuant to the
procedures in 5 U.S.C. 554 or otherwise involving a determination on the
record after opportunity for a hearing.\]

b\. Notice of Meetings

\(1\) Except when the Director of the Office of Management and Budget
determines otherwise for reasons of national security, timely notice of
each advisory committee meeting shall be published in the Federal
Register. The fact that a meeting is closed to the public pursuant to
section 10(d) of Public Law 92-463, \[as amended by section 5(c ),
Public Law 94-409,\] does not, in general, affect the foregoing
requirement. This notice shall be provided by the VA official to whom
the advisory committee reports, or in the case of a Presidential
advisory committee by the chairman of the committee.

\(2\) In addition to the notice in the Federal Register, other forms of
notice should be used to the extent practicable. Such other forms
include press releases and notice by mail. Such notice should state the
name of the advisory committee, the time of the meeting and the purpose
of the meeting (including where appropriate, a summary of the agenda).
The notice should state whether (or the extent to which) the public will
be permitted to attend or participate in the meeting. If the meeting
will be open to the public the place of the meeting should also be
included in the notice.

\(3\) Announcements to be published in the Federal Register should be
submitted through the Committee Management Officer at least 30 days
prior to the expected date of publication for preparation of the
appropriate Federal Register documents and processing through the Office
of \[Planning\] and Evaluation. In estimating this date allow at least 8
working days for (1) processing by the Office of \[Planning\] and
Evaluation (review and preparation of Federal Register documents), (2)
submission to and approval by the Administrator's Office, and (3) return
to \[Planning} and Evaluation for submission to and printing by the
Office of the Federal Register (which alone requires approximately 4
days from date of receipt from VA). Such Federal Register notice or
other notice should be published or provided the public at least \[15\]
days before the date of the meeting except that a different provision
may be made in emergency situations, and shorter advance notice may be
used when \[15\] days notice is impracticable. \[The reasons for such
emergency exceptions shall be made a part of the meeting notice.\]

\(4\) As indicated above, public notice is not required when the
Director of Management and Budget has determined that such notice would
be inconsistent with national security. Any advisory committee which
seeks such a determination, with respect to a particular meeting or a
series of meetings, shall submit its request and statement of reasons
through the Committee Management Officer to the OMB Secretariat.
Ordinarily, such a request should be made at least 30 days prior to the
notice of the meeting.

c\. Public Participation

\(1\) Subject to the exceptions described in this chapter each advisory
committee meeting shall be open to the public, and interested persons
shall be permitted to attend, appear before, or file statements with any
advisory committee.

\(2\) The chairman of each committee shall, with respect to any advisory
committee meeting, all or part of which is open to the public, assure
compliance with the following rules:

\(a\) Such meeting shall be held at a reasonable time and at a place
that is reasonably accessible to members of the public.

\(b\) The size of the meeting room shall be reasonable, considering such
factors as the size of the advisory committee, the number of members of
the public who could be expected to seek to attend, and the resources
and facilities available to the committee or agency.

(c ) Any member of the public who wishes to do so shall be permitted to
file a written statement with the committee, before or after the
meeting.

\(d\) To the extent that the time available for the meeting permits,
interested persons who may be permitted by the committee or its chairman
to present oral statements at the meeting. A committee may establish
procedures requiring such persons to obtain advance approval for such
participation.

\(e\) Participation by members of the public in committee meetings
(except in accord with subpar. (2)(d) above) or questioning of committee
members or other participants shall not be permitted except in
accordance with procedures established by the committee.

\(3\) Section 10(d) of Public Law 92-463 \[, as amended by section 5(c
), Public Law 94-409,\] states that the provisions concerning open
meetings and public participation shall not apply to any \[portion of
an\] advisory committee meeting \[where\] the President, or the head of
the agency to which the advisory committee reports, determines \[that
such portion of such meeting may be closed to the public in accordance
with 5 U.S.C. 552b(c ), a subsection of Public Law 94-409, the
"Government in the Sunshine Act."\] In applying the provisions of 5
U.S.C. \[552b(c )\] to advisory committee meetings, liberal
interpretations should be assumed with respect to the openness of such
meetings, and available exemptions should be waived whenever
practicable.

\(4\) In applying the \[Government in the Sunshine Act\] exemptions to
advisory committee meetings, the following rules shall be followed:

\(a\) If the meeting (or portion of a meeting) will have the express
purposes of discussing an existing document which is within one of the
exemptions set forth in 5 U.S.C. \[552b(c )\], the meeting (or portion)
may be closed to the public. \[ \]

\(b\) If a meeting (or a portion of a meeting) will have the express
purpose of discussing a matter which is within one of the exemptions set
forth in 5 U.S.C. \[552b( c)\], the meeting (or portion) maybe closed to
the public, even though no specific exempt document is to be discussed.

(c ) If a meeting will be such that neither subparagraph (a) or (b)
above furnishes a basis for closing it, the meeting shall be open to the
public.

\(d\) An advisory committee which has planned a meeting and which seeks
to have all or part of the meeting closed on the basis of 5 U.S.C.
\[552b(c )\] shall notify the Committee Management Officer or, in the
case of a Presidential advisory committee, the Director of OMB. Such
notification shall be in writing, setting forth the reasons why the
meeting (or portion) should be closed, and shall be submitted at least
30 days before the scheduled date of the meeting.

\(e\) If the Committee Management Officer or the Director finds the
request to be warranted and in accord with the policy of Public Law
92-463, \[as amended,\] the request shall be granted. The determination
of the Committee Management Officer or the Director of OMB shall be in
writing and shall contain a brief statement of the reasons for closing
the meeting (or portion). This determination will be reviewed and
approved by the agency General Counsel.

\(f\) A determination to close a series of meetings does not affect the
requirement that public notice be given regarding each meeting.

\(g\) If a meeting is to consider several separable matters, not all of
which are within the exemptions of 5 U.S.C. \[552b(c )\], only the
portion of the meeting dealing with exempt matters may be closed.

\(h\) When all or part of a meeting is to be closed, such fact shall be
indicated in the public notice of the meeting and in the agenda. When
only part of a meeting is to be closed, the agenda shall be arranged
whenever practicable, to facilitate attendance by the public at the open
portion of the meeting.

\(i\) Regarding a meeting (or portion) which was closed, members of the
advisory committee shall not disclose the matters discussed except to
other members of the advisory committee, the staff of the advisory
committee or agency employees.

\(j\) Regarding a meeting (or portion) which was closed, the Committee
Management Officer, the OMB Secretariat (in the case of a Presidential
advisory committee) or the chairman (in the case of a statutory advisory
committee which reports to more than one agency) may review after the
meeting the appropriateness of the determination to close the meeting
(or portion) and require that corrective action be taken with respect to
the particular advisory committee or the general procedures concerning
the closing of meetings.

\(k\) When a meeting (or portion) is closed, the advisory committee
shall issue a report at least annually setting forth a summary of its
activities and related maters which are informative to the public
consistent with the policy of 5 U.S.C. \[552b(c ).\]

d\. Minutes

\(1\) Detailed minutes shall be kept of each meeting of each advisory
committee, including, to the extent practicable, meetings of formal and
informal subgroups. The chairman of each advisory committee shall
designate a member or other person to keep the minutes.

\(2\) The minutes shall include at least the following items: the time
and place of the meeting; a list of advisory committee members and staff
and agency employees present at the meeting; a complete summary of
matters discussed and conclusions reached; copies of all reports
received, issued, or approved by the advisory committee; an explanation
of the extent to which the meeting was open to the public; an
explanation of the extent of the 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.

\(3\) The chairman of the advisory committee shall certify to the
accuracy of the minutes.

e\. Designated Federal Employee to Chair or Attend Meeting

\(1\) Each advisory committee meeting will be chaired or attended by a
designated VA employee. The Committee Management Officer or \[ \]
departmental counterpart shall designate the VA employee and determine
whether he \[/she\] is to chair or attend the meetings. Ordinarily, the
employee so designated will serve the advisory committee on a continuing
basis. With regard to Presidential advisory committees, such employee
may be designated and his \[/her\] role determined by the Director of
OMB.

\(2\) No advisory committee shall conduct a meeting in the absence of
the designated VA employee. If simultaneous subgroup meetings are to be
held, each subgroup should have a designated VA employee. These
provisions apply to formal subgroups.

\(3\) The designated VA employee shall be authorized to adjourn any
advisory committee meeting whenever he \[/she\] determines adjournment
to be in the public interest. For example, adjournment might be in order
in the event of unwarranted departure form a meeting's agenda.

f.  Access to Records

\(1\) Records, reports and other documents of each advisory committee
shall be available for public inspection and copying. It is intended
that there be wide access by the public to the records and papers of
advisory committees.

\(2\) Such documents referred to include the records, reports,
transcripts, minutes, appendixes, working papers, drafts, studies,
agenda, or other documents which were made available to or prepared for
or by each advisory committee.

\(3\) Access to advisory committee documents is subject to the
exemptions contained in 5 U.S.C. \[552b( c).\]

\(a\) Advisory committees shall waive available exemptions whenever, in
their discretion, such waiver is appropriate.

\(b\) Access to advisory committee records may be refused when such
records relate directly to a meeting which was closed for reasons of
national security.

(c ) With respect to any meeting, part of which was closed to the
public, access shall be permitted to records relating to the open
portion of the meeting.

\(4\) Regarding a group which is "utilized" as an advisory committee but
was not established for that purpose, the requirements of public access
apply only to records relating directly to "advisory committee"
functions.

\(5\) The advisory committee records determined to be available for
public inspection are to be made available for inspection and copying at
a single location in the offices of the advisory committee or the VA
organizational component to which the advisory committee reports. The
advisory committees or appropriate VA organizational components shall
make available to any person, at actual cost of duplication, copies of
transcripts of committee proceedings or meetings.

\(6\) Advisory committee records are to be available until the advisory
committee ceases to exist. Disposition of advisory committee records
after the termination of the committee shall be determined by the
Committee Management Officer, the OMB secretariat or the General
Services Administration (in the case of a Presidential advisory
committee), or by the chairman (in the case of a statutory advisory
committee which reports to more than one agency).

\(7\) Administrative Remedies. Any person whose request for access to an
advisory committee document is denied may seek administrative review in
accord with the pertinent Freedom of Information Act regulation or by
contacting the VA Committee Management Officer in writing with a
statement of the complaint within 45 days of the alleged denial. Such
complaints may be filed by an advisory committee member or by an
aggrieved individual or organization. Such complaints in the case of
Presidential advisory committees may be filed with the Secretariat.

g\. Administration of Advisory Committees

\(1\) Support Services. The term "support services" refers to such
matters as staff, quarters supplies and funds (including, where
appropriate, funds for the publication of reports).

\(a\) With regard to any VA advisory committee the Veterans
Administration shall provide support services unless the establishing
authority provides otherwise. Where an advisory committee reports to
more than one agency, only one agency shall be responsible for support
services. The agencies to which the advisory committee reports may
determine which agency will provide such services.

\(b\) With regard to a Presidential advisory committee, support services
shall be provided by GSA or, if the Director of OMB so determines,
another agency.

(c ) Uniform pay guidelines and financial records. Uniform pay
guidelines in regard to the compensation of advisory committee members
as stipulated by OMB, will be observed. The VA official to whom an
advisory committee reports will be responsible for the maintenance of
records which fully disclose the disposition of funds which are at the
disposal of the committee and the nature and extent of its activities.
The Comptroller General of the United States, or any of his authorized
representatives, shall have access, for the purpose of audit and
examination, to any such records.

\(2\) Agency Records

\(a\) The Committee Management Officer, or \[ \] Departmental designee,
shall insure that the agency maintains records, which disclose the
disposition of funds made available to the agency's advisory committees
and the nature and extent of the activities of the agency's advisory
committees. Regarding a statutory advisory committee which reports to
more than one agency, the chairman shall insure that such records are
maintained. Regarding a Presidential advisory committee, GSA or another
agency designated by the Director of OMB will maintain the financial
records. The Comptroller General or his representatives will be given
access to the above records, for the purpose of audit and examination.

\(b\) In accord with procedures established by the OMB, the agency shall
provide budget information regarding its advisory committees.

**9. SUBMISSION OF REPORTS \[AND CHARTERS\] TO LIBRARY OF CONGRESS**

a\. Subject to the exemptions contained in \[Public Law 94-409,
"Government in the Sunshine Act," 5 U.S.C. 552b(c ),\] each advisory
committee, through the Committee Management Officer, shall file eight
copies of each of its reports with the Library of Congress. Such filing
shall occur at the time of issuance of the report.

b\. When the Committee Management Officer or the Secretariat determines
that it would be appropriate, background papers prepared by consultants
for an advisory committee and other advisory committee documents may
also be filed (through the Committee Management Officer) with the
Library of Congress.

\[c. A copy of each charter will be furnished to the Library of Congress
by the Committee Management Officer at the time of filing. Copies should
be sent to:

Library of Congress

Exchange and Gift Division

Federal Advisory Committee Desk

Washington, DC 20540\]

10\. OMB ANNUAL \[ZERO BASE\] REVIEW; PERIODIC REPORTS

a\. An annual \[zero base\] review of all advisory committees will be
conducted by the OMB secretariat, based upon the activities of advisory
committees during a calendar year. Subsequently, the OMB will prepare
the President's annual report on Committee Management to the Congress.
Accordingly, by \[April 15\] of each year, the VA Committee Management
Officer (and the chairman of each Presidential advisory committee) will,
for each respective advisory committee, provide the OMB Secretariat the
required information in the format prescribed by OMB Circular A-63 \[,
as amended\] (including recommendations for exclusion, for national
security reasons, of information from the President's report to
Congress). Also, the agency's views \[will be provided\] regarding
whether the responsibilities of each advisory committee should be
revised, merged with another advisory committee, or abolished (including
the reason for any recommendation to abolish a statutory advisory
committee.) The required annual information (including five copies for
each committee) will be submitted to the Committee Management Officer
not later than \[April 1\] of each year \[to permit compilation of\] the
agency report for submission to the OMB Secretariat by \[April 15\].
Interagency reports control symbol (IRCS) 1121-GSA-AN is assigned to
this annual report and will appear in the subject thereof. Negative
reports are not required.

b\. The OMB Secretariat may require each agency and each Presidential
advisory committee to submit periodic reports regarding advisory
committee operations, including such matters as public access to
committee meetings and records and the handling of administrative
complaints.

c\. It is noted that interagency committees, comprised entirely of
full-time Federal Personnel, are no longer required to report under this
chapter.