Preparing Federal Advisory Committee Charters, Slides of Business

Download Preparing Federal Advisory Committee Charters and more Slides Business in PDF only on Docsity! GSA Office of Governmentwide Policy Office of Committee and Regulatory Management Preparing Federal Advisory Committee Charters GSA Committee Management Secretariat Background: The Federal Advisory Committee Act (FACA) 5 U.S.C., App., and the FACA Implementing Regulations (41 CFR 102-3) provide the basis for and guidance concerning the management and operation of federal advisory committees (FACs). Regardless of whether a FAC is Presidential, statutory, or discretionary, it will require a formal federal advisory committee charter before it can conduct business. The charter marks the formal establishment of the FAC. A charter contains certain specific components, and requires specific approval and handling. This guidance document provides a combination of statutory, regulatory, and best practice guidance to ensure proper charter preparation. Transparency and clarity are the primary objectives. Current statutory and regulatory requirements for the components of a FAC charter are identified in §9 of FACA (5 U.S.C. App.), and are repeated in the FACA implementing regulations in 41 CFR 102-3.75. The guidance provided in both documents is broad and leaves room for interpretation. As a result, some departments and agencies choose a minimalist approach to writing charters, while other departments and agencies provide excessive information, some of which is This is a best practices guidance document prepared by the U.S. General Services Administration (GSA) Committee Management Secretariat, the statutory government entity responsible for FACA oversight. Please send comments to: CMS@GSA.GOV. Please cite the title of this guidance in any correspondence. better suited to advisory committee by-laws or operating instructions. Insertion into the charter of excessive and often unnecessary procedural requirements can leave the department or agency subject to legal challenge. Introduction: This guidance is provided by the GSA Committee Management Secretariat (“Secretariat”) to help executive agencies comply with federal statutes regarding preparation of charters in the establishment of federal advisory committees (FACs). The Secretariat provides interpretation of statutory language in the Federal Advisory Committee Act, clarification of regulatory language contained in the FACA implementing regulations (41 CFR 102-3), and best practice guidance for writing effective and compliant advisory committee charters. It is GSA’s goal to ensure agencies produce FAC charters that provide the necessary information to inform readers without adding unnecessary litigation risk, while at the same time, meeting the requirements of FACA, the FACA implementing regulations, guidance from GAO and other appropriate sources, and ensuring transparency and clarity. Consultation with GSA: For discretionary FACs, agencies are required to consult with the Secretariat when they establish, reestablish, or renew an advisory committee, or when they make major amendments to an existing advisory committee charter. Although agencies are not required to consult with the Secretariat for non-discretionary advisory committees, GSA Office of Governmentwide Policy Committee Management Secretariat Office of Committee and Regulatory Management the Secretariat requests that agencies provide a draft copy of the charter for format and content review. Our experience and knowledge concerning the format and content of charters will help agencies produce a well written charter that will limit mistakes and problems. Frequently Asked Questions: 1. Who prepares the charter for a FAC? The agency creating or housing the FAC will prepare the charter. In most cases, the charter will be drafted by the Designated Federal Officer (DFO) assigned to the committee. If the DFO is not yet appointed, the charter may be drafted by staff of the office that will support the FAC. In some agencies, the Committee Management Officer (CMO) may be involved. GSA does not prepare agency charters. 2. Can an agency ask GSA for informal advice in the development or preparation of a new charter? Yes. GSA encourages informal coordination between the CMO and GSA regarding the format and content of new advisory committee charters. 3. How long should a typical charter be? What should be included? As noted elsewhere in this guidance, there are 15 statutory and recommended components that should be incorporated into a FAC charter. Typically, this will require about two or three pages. 4. Does a charter have to be signed for it to be approved? No. An approval signature is not required. Some agencies have the approving official sign a separate approval document and, in some cases, agency officials do sign the charter. That is an agency decision. 5. Should a charter for a non-discretionary advisory committee contain extensive language from the enabling document or statute? No. The enabling document should be properly cited in the charter, and where appropriate, clarification can be included in the charter to briefly explain details relevant to the 15 charter components (see below). 6. Should a charter for an advisory committee contain language that prescribes behavior of advisory committee members? No. The charter sets parameters for the committee as an entity, and should not set behavior for specific individuals (e.g., guidance on ethics). Such language is best conveyed in appointment letters. 7. Are the charter filing requirements for major and minor amendments the same? Yes. All amended charters are required to be filed as outlined in the Charter Filing Requirements section below. Amending any existing advisory committee charter does not constitute renewal of the advisory committee. 8. Are subcommittees required to file a charter? Subcommittees that report directly to a Federal officer or agency require a formal charter and must follow the same public notification and filing procedures as the parent committee. Format and Content of an Advisory Committee Charter:  Before you do anything else, agency staff or Designated Federal Officers (DFOs) who are developing an advisory committee should first contact the Committee Management Officer (CMO) at your agency for advice and guidance.