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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: July 19, 2001

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

SOURCE: Federal Register, July 19, 2001, Vol. 66, No. 139, page 37727

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

ACTION: Final Rule

SYNOPSIS: GSA is updating, streamlining, and clarifying 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. Since the FMR is replacing the FPMR, this final rule adds a cross-reference in the FPMR directing readers to the coverage in the FMR.

EDITOR'S NOTE: The FPMR is Chapter 101 of Title 41 of the Code of Federal Regulations (CFR). The FMR is Chapter 102 of Title 41 of the CFR. Both the FPMR and the FMR are available at http://policyworks.gov/org/main/mv/fmr/index.htm.

For more on the proposed rule, see the January 14, 2000, FEDERAL CONTRACTS DISPATCH "Federal Management Regulation (FMR); Federal Advisory Committee Management."

GSA is in the process of updating, reorganizing, streamlining, simplifying, and clarifying the contents of the FPMR, then transferring the contents to the Federal Management Regulations (FMR), which was established on July 21, 1999, as Chapter 102 of Title 41 of the CFR. 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 FMR is written in the "plain language" regulatory style. This style is directed at the reader and uses a question and answer format, active voice, shorter sentences, and pronouns such as "we", "you", and "I".

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.

EFFECTIVE DATE: August 20, 2001.

FOR FURTHER INFORMATION CONTACT: Charles F. Howton, Deputy Director, Committee Management Secretariat, 202-273-3561, or e-mail: charles.howton@gsa.gov.

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 made several general changes to the proposed regulations and solicited additional comments on January 14, 2000. Twenty-six commenters responded to the January 14, 2000, request, and they identified fifty-nine specific issues or recommendations. The comments persuaded GSA to make several clarifying changes, particularly (1) to increase the number of examples illustrating how other statutes or issues potentially could affect the effective management of advisory committees; and (2) to gather examples and other guidance into a "Key Points and Principles" appendix at the end of each subpart. These appendices are intended to avoid any ambiguity between actions required by the FACA and the final rule, and actions that are suggested only within an implementing framework of "best practices."

With this final rule, all that remains of FPMR Part 101-6.10 is Section 101-6.1001, Cross-Reference to the Federal Management Regulation (FMR) (41 CFR Chapter 102, Parts 102-1 Through 102-220), which states: "For federal advisory committee management information previously contained in this subpart, see FMR Part 102-3 (41 CFR Part 102-3)."

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

Subpart A -- What Policies Apply To Advisory Committees Established Within the Executive Branch?
     102-3.5What does this subpart cover and how does it apply?
     102-3.10What is the purpose of the Federal Advisory Committee Act?
     102-3.15Who are the intended users of this part?
     102-3.20How does this part meet the needs of its audience?
     102-3.25What definitions apply to this part?
     102-3.30What policies govern the use of advisory committees?
     102-3.35What policies govern the use of subcommittees?
     102-3.40What types of committees or groups are not covered by the Act and this part?
     Appendix A to Subpart AKey Points and Principles
Subpart B -- How Are Advisory Committees Established, Renewed, Reestablished, and Terminated?
     102-3.45What does this subpart cover and how does it apply?
     102-3.50What are the authorities for establishing advisory committees?
     102-3.55What rules apply to the duration of an advisory committee?
     102-3.60What procedures are required to establish, renew, or reestablish a discretionary advisory committee?
     102-3.65What are the public notification requirements for discretionary advisory committees?
     102-3.70What are the charter filing requirements?
     102-3.75What information must be included in the charter of an advisory committee?
     102-3.80How are minor charter amendments accomplished?
     102-3.85How are major charter amendments accomplished?
     Appendix A to Subpart BKey Points and Principles
Subpart C -- How Are Advisory Committees Managed?
     102-3.90What does this subpart cover and how does it apply?
     102-3.95What principles apply to the management of advisory committees?
     102-3.100What are the responsibilities and functions of GSA?
     102-3.105What are the responsibilities of an agency head?
     102-3.110What are the responsibilities of a chairperson of an independent Presidential advisory committee?
     102-3.115What are the responsibilities and functions of an agency Committee Management Officer (CMO)?
     102-3.120What are the responsibilities and functions of a Designated Federal Officer (DFO)?
     102-3.125How should agencies consider the roles of advisory committee members and staff?
     102-3.130What policies apply to the appointment, and compensation or reimbursement of advisory committee members, staff, and experts and consultants?
     Appendix A to Subpart CKey Points and Principles
Subpart D -- Advisory Committee Meeting and Recordkeeping Procedures
     102-3.135What does this subpart cover and how does it apply?
     102-3.140What policies apply to advisory committee meetings?
     102-3.145What policies apply to subcommittee meetings?
     102-3.150How are advisory committee meetings announced to the public?
     102-3.155How are advisory committee meetings closed to the public?
     102-3.160What activities of an advisory committee are not subject to the notice and open meeting requirements of the Act?
     102-3.165How are advisory committee meetings documented?
     102-3.170How does an interested party obtain access to advisory committee records?
     102-3.175What are the reporting and recordkeeping requirements for an advisory committee?
     Appendix A to Subpart DKey Points and Principles
Subpart E -- 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?
     102-3.180What does this subpart cover and how does it apply?
     102-3.185What does this subpart require agencies to do?
     Appendix A to Subpart EKey Points and Principles

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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