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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: January 14, 2000

FROM: Barry McVay, CPCM

SUBJECT: Federal Management Regulation (FMR); Federal Advisory Committee Management

SOURCE: Federal Register, January 14, 2000, Vol. 65, No. 10, page 2503

AGENCIES: Office of Governmentwide Policy, General Services Administration (GSA)

ACTION: Proposed Rule

SYNOPSIS: GSA is proposing to update, streamline, and clarify Federal Property Management Regulations (FPMR) Subpart 101-6.10, Federal Advisory Committee Management, and then moving it into the new Federal Management Regulation (FMR) as Part 102-3, Federal Advisory Committee Management. The FMR is replacing the FPMR, so this proposed rule would add a cross-reference in the FPMR to direct readers to the coverage in the FMR.

EDITOR'S NOTE: The FPMR is Chapter 101 of Title 41 of the Code of Federal Regulations.

GSA is in the process of updating, reorganizing, streamlining, eliminating, and clarifying the contents of the FPMR, then transferring the contents to a new set of regulations -- the Federal Management Regulations (FMR), which was established on July 21, 1999, as Chapter 102 of Title 41 of the Code of Federal Regulations. When the transfer is complete, the FMR will contain a refined set of policies and regulatory requirements on managing property and administrative services. Non-regulatory materials (such as guidance, procedures, information and standards) will be available in separate documents, such as customer service guides, handbooks, brochures, Internet websites, and FMR bulletins.

The conversion from the FPMR to the FMR will take some time, so it will occur incrementally as the regulations are rewritten. Because of this, both the FPMR and the FMR will exist concurrently, and readers will need to refer to both documents to obtain all the related material -- the same content will not appear in both regulations.

DATES: Submit comments on or before March 14, 2000.

ADDRESSES: Submit comments to General Services Administration, Office of Governmentwide Policy, Committee Management Secretariat (MC), 1800 F Street NW (Room G-230), Washington, DC 20405; fax: 202-273-3559; e-mail: charles.howton@gsa.gov.

FOR FURTHER INFORMATION CONTACT: Charles F. Howton, Deputy Director, Committee Management Secretariat, 202-273-3561.

SUPPLEMENTAL INFORMATION: GSA is the administrator of the Federal Advisory Committee Act (FACA), which governs the use of covered advisory committees within the executive branch and establishes basic procedures to control the number and costs of these committees. GSA has maintained its FACA-implementing regulations in FPMR Subpart 101-6.10.

On June 10, 1997, GSA published an advance notice of proposed rulemaking to update the regulations because they had not been updated since 1989 and revisions were needed because of legislative changes, shifts in federal policy, and decisions issued by the Supreme Court and other federal courts (for example, that subcommittees of advisory committees are not subject to FACA because the executive branch does not exercise "actual management and control" over the subcommittees).

Twenty-nine commenters submitted formal written comments, while others contacted GSA verbally. As a result of the comments, GSA has made the following general changes to the proposed regulations:


The following are the proposed contents of FMR Part 102-3:

Subpart A -- What Policies Apply to Advisory Committees Established Within the Executive Branch?
     102-3.5    What does this subpart cover and how does it apply?
     102-3.10    What is the purpose of the Federal Advisory Committee Act?
     102-3.15    What policies govern the use of Federal advisory committees?
     102-3.20    Who should use this part?
     102-3.25    How does this part meet the needs of its audience?
     102-3.30    What definitions apply to this part?
     102-3.35    What types of advisory committees or groups are specifically excluded from FACA and this part?
     102-3.40    Key points and principles.

Subpart B -- How Does This Subpart Apply to Advice or Recommendations Provided to Agencies by the National Academy of Sciences or the National Academy of Public Administration?
     102-3.45    What does this subpart cover and how does it apply?
     102-3.50    What does this subpart require agencies to do?
     102-3.55    Key points and principles.

Subpart C -- How Are Advisory Committees Established, Reestablished, Renewed, and Terminated?
     102-3.60    What does this subpart cover and how does it apply?
     102-3.65    Who can establish advisory committees?
     102-3.70    What rules apply to the duration of an advisory committee?
     102-3.75    What actions are required to establish, reestablish, or renew an advisory committee?
     102-3.80    What are the public notification requirements for discretionary advisory committees?
     102-3.85    What charter filing requirements must be addressed by agencies?
     102-3.90    What information must be included in a committee's charter?
     102-3.95    How are minor charter amendments accomplished?
     102-3.100    How are major charter amendments accomplished?
     102-3.105    Key points and principles.

Subpart D -- How Are Advisory Committees Managed?
     102-3.110    What does this subpart cover and how does it apply?
     102-3.115    What oversight functions are assigned by FACA to the Congress?
     102-3.120    What responsibilities and functions are assigned by FACA to GSA?
     102-3.125    What roles and responsibilities for managing advisory committees are assigned by FACA to agency heads?
     102-3.130    What roles and responsibilities for managing advisory committees are assigned by FACA to the Chairperson of an independent presidential advisory committee?
     102-3.135    What roles and responsibilities for managing advisory committees are assigned by FACA to an agency Committee Management Officer (CMO)?
     102-3.140    What roles and responsibilities for managing advisory committees are assigned by FACA to the Designated Federal Officer (DFO)?
     102-3.145    What is the role of committee members and staff?
     102-3.150    What other policies or requirements must be addressed by the agency head and included in the agency's guidelines implementing the Act?
     102-3.155    Key points and principles.

Subpart E--Advisory Committee Meeting and Recordkeeping Procedures
     102-3.160    What does this subpart cover and how does it apply?
     102-3.165    What basic policies apply to advisory committee meetings?
     102-3.170    What basic policies apply to subcommittee meetings?
     102-3.175    How are committee meetings announced to the public?
     102-3.180    How are advisory committee meetings closed to the public?
     102-3.185    What activities of an advisory committee are not subject to the notice and open meeting requirements of the Act?
     102-3.190    How are advisory committee meetings documented?
     102-3.195    What reports must be prepared by an agency covering the activities of each advisory committee it establishes or utilizes?
     102-3.200    Key points and principles.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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