PART 1430—FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES Authority: Pub. L. 92-463, 86 Stat. 770 (5 U.S.C. App.). Source: 39 FR 9433, Mar. 11, 1974, unless otherwise noted. § 1430.1 Scope and purpose. (a) This part contains the Federal Mediation and Conciliation Service's regulations implementing section 8(a) of the Federal Advisory Committee Act (Pub. L. 92-463, 86 Stat. 770, (5 U.S.C. App.)), which requires each agency head to establish uniform guidelines and management controls for the advisory committees. These regulations supplement the Government-wide guidelines issued jointly by the Office of Management and Budget and the Department of Justice, and should be read in conjunction with them. (b) The regulations provided under this part do not apply to statutorily created or established advisory committees of the Service, to the extent that such statutes have specific provisions different from those promulgated herein. § 1430.2 Definitions. For the purposes of this part: (a) The term Act (b) The term advisory committee (1) Established by statute or reorganization, plan, or (2) Established or utilized by the President, or (3) Established or utilized by one or more agencies or officers of the Federal Government in the interest of obtaining advice or recommendations for the President or one or more agencies of the Federal Government, except that such term excludes: (i) The Advisory Commission on Intergovernmental Relations; (ii) The Commission on Government Procurement; and (iii) Any committee which is composed wholly of full-time officers or employees of the Federal Government. (c) The term agency (d) The term committee management officer (e) The term Service (f) The term OMB (g) The term Director (h) The term secretariat § 1430.3 Establishment of advisory committees. (a) Guidelines for establishing advisory committees. (1) No advisory committee shall be established if its functions are being or could be performed by an agency or an existing committee; (2) The purpose of the advisory committee shall be clearly defined; (3) The membership of the advisory committee shall be fairly balanced in terms of the points of view represented and the committee's functions; (4) There shall be appropriate safeguards to assure that an advisory committee's advice and recommendations will not be inappropriately influenced by any special interests; and (5) At least once a year, a report shall be prepared for each advisory committee, describing the committee's membership, functions, and actions. (b) Advisory committees established by the Service not pursuant to specific statutory authority. (2) When the Director determines that such an advisory committee needs to be established, he shall notify the secretariat of his determination and shall inform the secretariat of the nature and purpose of the committee, the reasons why the committee is needed, and the inability of any existing agency or committee to perform the committee's functions. (3) After the secretariat has determined that establishment of such a committee is in conformance with the Act and has so informed the Director, the Director shall prepare a certification of the committee, stating the committee's nature and purpose, and that it is established in the public interest. That certification shall be published in the Federal Register. (c) Advisory committees created pursuant to Presidential directive. (d) Advisory committees created pursuant to specific statutory authority. Provided, however, (e) Advisory committees established by persons outside the Federal Government, but utilized by the Service to obtain advice or opinion. § 1430.4 Filing of advisory committee charter. (a) Filing charter with Director. Federal Register. (b) Charter information. (1) The committee's official designation; (2) The committee's objectives and scope of activity; (3) The period of time necessary for the committee to carry out its purposes; (4) The agency or official to whom the advisory committee reports; (5) The agency responsible for providing necessary support; (6) A description of the committee's duties; (7) The estimated number and frequency of committee meetings; (8) The estimated annual operating costs in dollars and man-years; (9) The committee's termination date, if less than two years; and (10) The date the charter is filed. (c) Preparation and filing of initial charter. § 1430.5 Termination of advisory committees. (a) All nonstatutory advisory committees including those authorized, but not specifically created by statute, shall terminate no later than 2 years after their charters have been filed, unless renewed as provided in § 1430.6. (b) The charter of any committee in existence on the date the Act became effective (January 5, 1973) shall terminate no later than January 5, 1975, unless renewed, as provided in § 1430.6. (c) Advisory committees specifically created by statute shall terminate as provided in the establishing statute. § 1430.6 Renewal of advisory committees. (a) Renewal of advisory committees not created pursuant to specific statutory authority. (1) The Director may renew an advisory committee not created pursuant to specific statutory authority after consultation with the secretariat. (2) When the Director determines that such an advisory committee should be renewed, he shall so advise the secretariat within 60 days prior to the committee's termination date and shall state the reasons for his determination. (3) Upon concurrence of the secretariat, the Director shall publish notice of the renewal in the Federal Register (b) Renewal of advisory committees established pursuant to specific statutory authority. The Director may renew advisory committees established pursuant to specific statutory authority through the filing of a new charter at appropriate 2-year intervals. (c) No advisory committee shall take any action or conduct any business during the period of time between its termination date and the filing of its renewal charter. § 1430.7 Application of the Freedom of Information Act to advisory committee functions. (a) Subject to 5 U.S.C. 552, the records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents which are made available to or are prepared for or by an advisory committee shall be available to the public. (b) Advisory committee meeting conducted in accordance with § 1430.7 may be closed to the public when discussing a matter that is of a 5 U.S.C. 552(b) nature, whether or not the discussion centers on a written document. (c) No record, report, or other document prepared for or by an advisory committee may be withheld from the public unless the Office of the General Counsel determines that the document is properly within the exemptions of 5 U.S.C. 552(b). No committee meeting, or portion thereof, may be closed to the public unless the Office of the General Counsel determines in writing, prior to publication of the meeting in the Federal Register § 1430.8 Advisory committee meetings. (a) Initiation of meetings. (i) The Director or the head of the office most directly concerned with the committee's activities; (ii) The agency officer referred to in paragraph (a)(1)(i) of this section, and the committee chairman, jointly; or (iii) The committee chairman, with the advance approval of the officer referred to in paragraph (a)(1)(i) of this section. (2) The Service's committee management officer shall be promptly informed that a meeting has been called. (b) Agenda. (c) Notice of meetings. Federal Register Federal Register (2) Notice in the Federal Register (d) Presence of agency officer or employee at meetings. (e) Minutes. (f) Adjournment. (g) Public access to committee meetings. Federal Register (h) Public participation in committee procedures. § 1430.9 Agency management of advisory committees. Consistent with the other provisions of this part, the Service's advisory committee management officer shall: (a) Exercise control and supervision over the establishment, procedures, and accomplishments of advisory committees established by the Service; (b) Assemble and maintain the reports, records, and other papers of advisory committees, during their existence; (c) Carry out, with the concurrence of the Office of the General Counsel, the provisions of the Freedom of Information Act, as those provisions apply to advisory committees; (d) Have available for public inspection and copying all pertinent documents of advisory committees which are within the purview of the Freedom of Information Act; and (e) When transcripts have been made of advisory committee meetings, provide for such transcripts to be made available to the public at actual cost of duplication, except where prohibited by contractual agreements entered into prior to January 5, 1973, the effective date of the Federal Advisory Committee Act.