Title 22—Foreign Relations--Volume 1
PART 214—ADVISORY COMMITTEE MANAGEMENT
§ 214.1   Purpose.
The regulations in this part prescribe administrative guidelines and management controls for A.I.D. advisory committees. Federal Advisory Committees are governed by the provisions of the Federal Advisory Committee Act, Pub. L. 92-463 (effective January 5, 1973, hereinafter referred to as the Act); Executive Order No. 11769 (February 21, 1974) entitled “Committee Management;” OMB Circular A-63 (March 27, 1974, as amended).
§ 214.2   Definition of advisory committee.
(a) The term advisory committee is defined in section 3(2) of the Act.
(b) In general, this definition includes any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or sub-group thereof, which is formed or utilized by the Agency for obtaining advice or recommendations, and which is not composed wholly of full-time Federal employees.
§ 214.3   A.I.D. Advisory Committee Management Officer.
The Advisory Committee Management Officer is responsible to the Administrator for the establishment of uniform administrative guidelines and management controls which must be consistent with directives of the Director of the OMB under sections 7 and 10 of the Act.
§ 214.11   Establishment and chartering requirements.
Provisions governing the establishment and chartering of Advisory Committees are contained in section 9 of the Act and paragraph 6 of OMB Circular A-63. In summary, these requirements include the following:
(a) Where establishment of an Advisory Committee is not specifically authorized by statute or by the President, the need for a new A.I.D. advisory committee is determined by the A.I.D. Administrator, in accordance with the guidelines set forth in section 5(b) of the Act. The determination also includes a certification that creation of the Committee is in the public interest and a description of the nature and purpose of the Committee.
(b) After written consultation to the OMB Secretariat and notification that the establishment of the Committee would be in accord with the Act, A.I.D. publishes the Administrator's Determination in the Federal Register at least fifteen (15) days prior to the filing of the Committee's Charter.
(c) Each advisory committee established or used by A.I.D. is required to file a charter with the A.I.D. Administrator, the House International Relations Committee, and the Senate Foreign Relations Committee, before meeting or taking any action.
(d) Advisory committee charters shall include the following information:
(1) Committee's official title;
(2) Committee's objectives and scope of activity;
(3) Period of time necessary for the committee to carry out its purposes;
(4) Agency official to whom the committee reports;
(5) Agency responsible for providing necessary support for the committee;
(6) Description of duties for which the committee is responsible, and, if such duties are not solely advisory, a specification of the authority for such functions;
(7) Estimated annual operating costs in dollars and man-years for the committee;
(8) Estimated number and frequency of committee meetings;
(9) Committee's termination date; and
(10) Date the charter is filed.
(e) A copy of the charter is required to be sent to the Library of Congress, Exchange and Gift Division, Federal Advisory Committee Desk, Washington, DC 20540.
§ 214.12   Considerations in membership selection.
Membership is to be fairly balanced in terms of points of view represented and functions to be performed. Appropriate attention is also given to factors of sex, race, creed, national origin, and religion.
§ 214.13   Responsibilities within A.I.D.
(a) The A.I.D. Office or Bureau seeking establishment of a new A.I.D. advisory committee:
(1) Justifies the need for the advisory committee to the satisfaction of the A.I.D. Advisory Committee Management Officer, the A.I.D. Administrator, and the OMB Secretariat.
(2) Prepares, clears with the Advisory Committee Management Officer and the General Counsel, and submits to the Administrator all documentation necessary to establish or use the advisory committee.
(b) The Advisory Committee Management Officer with assistance as appropriate from the General Counsel and the Office of Legislative Affairs:
(1) Appraises the need for the proposed advisory committee;
(2) Assures that the requirements of the Act and OMB guidelines have been followed;
(3) If satisfied with paragraphs (b) (1) and (2) of this section, clears the proposal for submission to the Administrator and obtains OMB concurrence in Agency actions to establish advisory committees;
(4) Maintains the agency file of approved charters and formal determinations;
(5) Publishes approved charters in the Agency's internal directives system;
(6) Reviews proposed committee membership for compliance with legal requirements, including conflict of interest;
(7) Assures publication of the Administrator's formal determinations in the Federal Register ; and
(8) Transmits approved advisory committee charters to the House International Relations Committee, the Senate Foreign Relations Committee, and the Library of Congress.
§ 214.14   Charter revision.
(a) Sponsoring A.I.D. Bureaus and Offices initiate revisions to advisory committee charters, as necessary, to reflect current information regarding scope, duties, etc.
(b) Charter revision requires clearances by the advisory committee, the A.I.D. Advisory Committee Management Officer and the General Counsel; consultation with OMB; approval by the A.I.D. Administrator, and notification of the change to the Federal Register, Congressional committees, and the Library of Congress.
§ 214.15   Changes in membership.
Changes in membership of advisory committees are proposed by the Bureau of Office through which the committee reports, are cleared by the Advisory Committee Management Officer and the Office of the General Counsel, and are approved by the A.I.D. Administrator.
§ 214.21   Termination and renewal provisions.
Provisions governing the termination and renewal of advisory committees are contained in section 14 of the Act and paragraph 7 of OMB Circular A-63, as amended. As related to A.I.D.-established non-statutory committees, these provisions mean that:
(a) Each such committee which was in existence on January 5, 1973, shall terminate by January 5, 1975, unless it is renewed by the A.I.D. Administrator prior to the latter date.
(b) Each such committee established after January 5, 1973, shall terminate not later than two years after its establishment, unless it is renewed by the A.I.D. Administrator prior to its termination date.
(c) Any committee which is renewed shall continue for not more than two years unless, prior to the expiration of that period, it is renewed.
(d) Renewal requires advance approval of the Administrator in accordance with section 5(c) which requires application of the criteria set forth in section 5(b) of the Act; notification to the OMB Secretariat not more than sixty (60) days nor less than thirty (30) days before the expiration date, and concurrence by the Secretariat; publication of a notice of the renewal; and the filing of a new advisory committee charter with the appropriate House and Senate Committees and to the Library of Congress.
(e) Notification to the OMB Secretariat shall include:
(1) The A.I.D. Administrator's determination that renewal is necessary and is in the public interest;
(2) The reasons for his determination;
(3) The Agency's plan to attain or maintain balanced membership of the committee; and
(4) An explanation of why the committee's functions cannot be performed by the Agency or by an existing advisory committee.
§ 214.22   Responsibilities within A.I.D.
Responsibilities within A.I.D. for the renewal of advisory committees are as follows:
(a) The Office or Bureau through which the advisory committee reports: prepares, clears with the Advisory Committee Management Officer and the General Counsel, and submits to the Administrator all documentation necessary for committee renewal sixty-five (65) days prior to the expiration date of the Committee.
(b) The Office of General Counsel assists in the preparation of charters; reviews and clears the proposal for conformity with the Act and other requirements; and assures publication of the Administrator's determination of renewal in the Federal Register.
(c) The Office of Legislative Affairs transmits approved advisory committee charters to the House and Senate Committees and to the Library of Congress.
§ 214.31   A.I.D. Advisory Committee Representative.
(a) For each advisory committee used by A.I.D., the Administrator designates an A.I.D., employee to serve as the A.I.D. Advisory Committee Representative.
(b) The designated A.I.D. employee performs functions required by section 10 of the Act and assigned herein. Such functions include:
(1) Calling, or giving advance approval to, advisory committee meetings;
(2) Approving an agenda for each meeting;
(3) Making recommendations on proposals to close meetings, or parts of meetings, to the public; and clearing such recommendation with the Advisory Committee Management Officer and the General Counsel for decisions by the Administrator;
(4) Assuring that advance notices of each meeting (whether open or closed) are published in the Federal Register, provided through other means such as press releases and direct mail, and provided to the Advisory Committee Management Officer.
(5) Assuring that open meetings are accessible to the public;
(6) As specified by the Administrator, chairing or attending each meeting;
(7) Determining the number of committee members necessary to be present at any meeting for the transaction of committee business;
(8) Adjourning any meeting, whenever he determines adjournment to be in the public interest;
(9) Assuring that minutes are kept of each advisory committee meeting and of the meetings of sub-committees and sub-groups, and that such minutes are certified for accuracy by the chairman or presiding officer of the committee; and
(10) Assuring that, subject to section 552 of title 5 United States Code, the documents of the advisory committee are made available for public inspection and copying.
(11) Maintaining a current list of members of the advisory committee, and furnishing membership information to the A.I.D. Advisory Committee Management Officer on request.
§ 214.32   Calling of advisory committee meetings.
(a) No advisory committee is to hold any meetings except at the call, or with the advance approval, of the designated A.I.D. Advisory Committee Representative.
(b) Each advisory committee meeting is conducted in accordance with an agenda approved by the designated A.I.D. Advisory Committee Representative.
(1) The agenda lists the matters to be considered at the meeting and indicates whether any portion of the meeting is to be closed to the public in accordance with subsection (c) of section 552(b) of title 5, United States Code.
(2) Copies of the agenda are distributed to members of the committee prior to the date of the meeting and are included in the official records of the Advisory Committee.
§ 214.33   Notice of meetings.
(a) Notice of each advisory committee meeting (whether the meeting is open or closed) shall be published in the Federal Register at least fifteen (15) days before the date of the meeting, and should also be provided through other means such as newspaper advertisements, press releases, and direct mail.
(1) Exceptions to the requirement for public notice are granted only for reasons of national security as determined by the Director, OMB and are requested and justified by the Administrator, A.I.D. at least thirty (30) days prior to the meeting.
(2) Exceptions to the fifteen (15) day advance publication requirement are granted in emergency situations as determined by the Administrator, A.I.D. In such situations, the facts on which exception is based are to be included in the Notice of the meeting.
(3) Requests for exceptions under paragraphs (a) (1) and (2) of this section are prepared by the Advisory Committee Representative and are cleared by the Advisory Committee Management Officer and the General Counsel prior to submission to the Administrator.
(b) Notices include the name of the advisory committee; the time of the meeting; the purposes of the meeting; a statement regarding the extent to which the public will be permitted to attend and, if any portion is closed, why such closure or partial closure is necessary, including citation of the appropriate exemption permitted under subsection (c) of 5 U.S.C. 552b. Thus, A.I.D. Notices of Advisory Committee meetings normally state that the meeting is open to the public and include the place of the meeting; and instructions for gaining access to open meetings which are held in a “secured” building.
(c) Both formal and informal notices are prepared by the A.I.D. Advisory Committee Representative; formal notices to be published in the Federal Register are cleared with the Advisory Committee Management Officer and are sent to the Office of the General Counsel at least thirty-two (32) days before the scheduled meeting date.
(d) Copies of all public notices are provided to the Advisory Committee Management Officer.
§ 214.34   Public participation.
(a) Each advisory committee meeting is to be open to the public except where:
(1) The Director, OMB, has determined that public notice of a meeting would be inconsistent with national security; or
(2) The Administrator, AID, has formally determined that a meeting, or portion of a meeting may be closed to the public in accordance with subsection (c) of section 552b of title 5, United States Code.
(b) Advisory committee requests to close all or part of a meeting or a series of meetings are to include the reasons for proposed closure, citing specific exceptions involved under subsection (c) of section 552b of Title 5, United States Code. Such requests are submitted by the AID Advisory Committee Representative, through the Advisory Committee Management Officer and the General Counsel to the Administrator at least forty (40) days before the scheduled date of the meeting.
(c) The Administrator's determination is to be in writing and is to contain a brief statement of the reasons for closing the meeting (or portion thereof). The determination itself is to be made available to the public on request.
(d) When all or part of an advisory committee meeting is closed and detailed minutes are not to be made available in their entirety to the public, the Committee shall prepare and make available to the public within thirty (30) days of the close of the meeting a summary of its activities and related matters which are informative to the public consistent with the policy of 5 U.S.C. 552(b). Notice of availability of such a summary shall be incorporated in the notice of the meeting published in the Federal Register.
(e) To facilitate public participation in advisory committee meetings which are to be open or partially open to the public:
(1) Meetings are to be held at a reasonable time and at a place that is accessible to members of the public.
(2) The size of the meeting room is to be large enough to accommodate the Advisory Committee, its staff, and those members of the public who might be expected to attend.
(3) Any member of the public is permitted to file a written statement with the committee, before or after the meeting.
(4) Interested persons may be permitted to present oral statements at the meeting in accordance with procedures established by the committee, and to the extent time available for the meeting permits.
(5) Other participation by members of the public is not permitted, except in accordance with procedures established by the committee.
§ 214.35   Minutes of meetings.
(a) Minutes are to be kept of each meeting of each advisory committee and its formal and informal sub-groups.
(b) The chairman or presiding officer designates a member or other person to keep the minutes.
(c) The minutes are to include:
(1) The time and place of the meeting;
(2) A list of members, staff, and A.I.D. employees attending;
(3) A complete summary of matters discussed and conclusions reached;
(4) Copies of all reports received, issued, or approved;
(5) The extent to which the meeting was open to the public; and
(6) The extent of public participation, including a list of those who presented oral or written statements and an estimate of the number of those who attended the meeting.
(d) The chairman or presiding officer of the advisory committee is to certify to the accuracy of the minutes. The certification is to indicate that “the minutes are an accurate and complete summary of the matters discussed and conclusions reached at the meeting held on (date(s)).”
§ 214.36   Records of advisory committees.
(a) The A.I.D. Advisory Committee Representative is to maintain the records of the advisory committee in a location known to the A.I.D. Advisory Committee Management Officer.
(b) Such records are to include the reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents which were made available to, or prepared for or by, the advisory committee.
(c) Advisory committee records are maintained and disposed of according to procedures prescribed in the Agency's Handbook 21— Communications, Part III, Records Filing and Disposition Manual.
§ 214.37   Public access to committee records.
Records maintained in accordance with § 214.36 are subject to the Freedom of Information Act, 5 U.S.C. 552 et seq. and, thus, are available for public inspection and copying pursuant to A.I.D. Regulation 12—Public Information (22 CFR part 212), subject to the general oversight of the A.I.D. Advisory Committee Management Officer.
§ 214.38   Submission of reports to the Library of Congress.
(a) Each advisory committee is to file with the Library of Congress eight copies of each of its reports, except where the report falls within an exemption listed in 5 U.S.C. 552(b) or relates to a meeting which was closed for reasons of national security.
(b) The A.I.D. Advisory Committee Representative provides copies of committee reports to the Office of Legislative Affairs for transmittal to the Library of Congress; and sends a copy to the A.I.D. Advisory Committee Management Officer for inclusion in the Agency's central file on advisory committees.
(c) As appropriate, the A.I.D. Advisory Committee Representative may also send copies of background papers and other advisory committee documents to Office of Legislative Affairs for transmittal to the Library of Congress.
§ 214.41   Support services.
(a) A.I.D. provides support services for advisory committees which are established by or report to the Agency, unless the establishing authority provides otherwise.
(b) Within A.I.D., support services are provided by and charged to the allotment of the A.I.D. office or bureau through which the advisory committee reports, and are coordinated by the designated A.I.D. Advisory Committee Representative.
(c) Support services include staff, quarters, supplies, and funds.
§ 214.42   Uniform pay guidelines.
(a) A.I.D. follows OMB/CSC guidelines in section 11 of OMB Circular A-63 in establishing rates of pay for advisory committee members, staffs, and consultants.
(b) In summary, A.I.D. policy regarding compensation for advisory committee members is as follows:
(1) Advisory committee members who are not employed by the U.S. Government ordinarily serve without compensation. However, they may be reimbursed for travel and related expenses of invitational travel under the provisions of A.I.D. travel regulations.
(2) If committee members are appointed as A.I.D. consultants or experts, their compensation shall be fixed in accordance with CSC guidelines and regulations, and the general agreement between CSC and A.I.D.
(3) Expenses of committee members are charged to the allotments of the A.I.D. office or bureau through which the advisory committee reports.
§ 214.43   Agency records.
(a) The A.I.D. Advisory Committee Management Office maintains the Agency's Official central files on the nature functions, and operations of each A.I.D. advisory committee. Central files contain the following information with respect to each A.I.D. advisory committee:
(1) Original copy of Advisory Committee Charter filed with the Administrator;
(2) Official records copy of formal determinations by the A.I.D. Administrator with respect to the establishment renewal, operation, and termination of the committee;
(3) Annual reports of committee activity;
(4) Designations of Advisory Committee Representatives;
(5) Location of the official files of the Advisory Committee.
(b) Each A.I.D. Advisory Committee Representative maintains individual advisory committee files at a location known to the A.I.D. Advisory Committee Management Officer. These files contain the following information:
(1) Copies of documents establishing, renewing, and terminating the committee;
(2) Copies of committee charters filed with the A.I.D. Administrator;
(3) Fiscal records which fully disclose the disposition of any funds made available to the committee;
(4) Advisory committee records described above in § 214.36(b) ( i.e. , the reports, transcripts, minutes, appendices, and other documents which were made available to, or prepared for or by, the committee).
(c) The A.I.D. Advisory Committee Management Officer, the A.I.D. Auditor General, the OMB Secretariat, and the Comptroller General shall have access to these records.
(d) Personnel documentation required by CSC and Agency regulations shall be maintained in the official personnel records of the Office of Personnel and Manpower.
§ 214.44   Annual review and reports.
(a) A.I.D. conducts an annual comprehensive review of advisory committees under instructions provided by OMB Circular A-63, section 10, as amended and submits required data to OMB on the prescribed format, by November 30 of each year.
(b) A.I.D. reports monthly to OMB on committee terminations or other significant changes in continuing A.I.D. Advisory Committees.
(c) A.I.D. also provides information to the General Services Administration (GSA) for an annual report to Congress. The Agency report is due on February 1 of each year; includes only those advisory committees established by or reporting to A.I.D.; and is submitted on a form prescribed by GSA.
(d) Within A.I.D., the Advisory Committee Management Officer collects required information from the A.I.D. Advisory Committee Representatives; appraises advisory committee activities for the Administrator; and prepares the Agency's reports for the Administrator.
§ 214.51   Administrative review of denial for public access to records.
Any person whose request for access to an advisory committee document is denied may seek administrative review in accordance with § 212.36(c) of A.I.D. Regulation 12, 22 CFR 212.36(c).
§ 214.52   Administrative review of other alleged non-compliance.
With regard to other alleged non-compliance with the Act, OMB Circular A-63, or this regulation, the following procedures are to be used:
(a) Advisory committee members or other aggrieved individuals or organizations must file a written complaint which contains specific information regarding the alleged non-compliance.
(b) The written complaint must be addressed to the Administrator or Deputy Administrator, Agency for International Development, 21st and Virginia Avenue, NW., Washington, DC 20523.
(c) The complaint must be filed within thirty (30) days after the date of the alleged non-compliance.
(d) The complaint will be considered by the Administrator or Deputy Administrator with the advice and assistance of the General Counsel and the A.I.D. Advisory Committee Management Office.
(e) Written notice of the disposition of the complaint shall be provided to the complainant within thirty (30) days of the date the complaint was received by the Agency.