Advisory Boards Executive Order 11671 Draft (Ex Order 11671 Draft)

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Comparative text - bracketed material to be deleted - underlined material to be added Gky @bkfHhS; Or'ADV I SORY BOARDS REPOWORY sect ions BOX No. ,. - operation of advisory boards [established] created pursuant t o sections [ (I) To any advisory board for which Congress by statute has spec!fied

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subsomnittee 0r other subgroup thereof, that is established under 'authority of the Atomic Energy Act of 1954, as amended, On the interest of obtalning adviee.or. recormnendatlons, or for any other purpose, and that ' * i s not'xomposed wholly of full - tim salaried officers or employees of 'the Goverriknt. term-also inch dc s any board, comnittee, commission, council, conference, panel, task force, or other simi lar group, or any subcamni tte e or other subgroup thereof, that is not established by the C mission ; but only during any ptr fo d when it i s being ut lli zed by the Comnission inzthe same any board, cam it tea, commission, council, conference, panel', task force, or other sim1lar group, or any rubconnl ttee or other subgroup-thereof ,that 1s established i n the Interest of obtaining information ahd 're~cnunendations and Is composed wholly of full - time salaried officers or employees'of the Government and of employees o f AEC contractors who furnish such in'fonnation and reconamendatlons as services under, and i n accordance*,wit h 'the .t&ms of, the contract between AEC and their employers. compsed predomtnantly of members'or'~epre~entaatres'of'a ' single industry or group of related industries, or o f any sub div is lon of a ' single 'Industry made on a geographic, service, 'or product basis. .An'lndustry ad vi for y

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comnlttee may also be composed of d e r s or representatives of labor or agricultrue, as well as industry, or a combination thereof.] or employee of the Federal Government. Sec. l(4) (b) The term "Board" means any mittee, board, comnirsion, counci 1 , conference, panel, task force, or other similar qroup or body established to meet on a recurring basis to provide advice or recommendations to AEC . . or fonthe purpose of coordinating the activities of departments or aqencics, including Presldentlal, interagency, advisory, or fndrstrlrl AEC under the authority of the Atomic Energy Act of 1954, as amended and II . . that. Is not composed wholly of Government offlcials and (A) is established in the interest of obtaining advice or recommendations, and which has been or will be in existence more than twelve months, or (B) is not established ,by AEC, but only for such period when it i s being utilized by AEC in the same manner as an AEC-established advisory comnittee. composed predominantly of members or representatlves o f a single Industry or group of related industries, or of any subdivision of a single industry a department or agency whose membershi'p consists exclusively of Governmsnt officials, as defined hereln, representing more than one department or agency, and which has been or wlll be in existence more than twelve

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-( f } The term "Cnmissission" means the Atomic Energy Comnlssion. S 7.3 Functions and limitations :: Sec. 2 (a) No b t e raqency or advisory board including any industrial advisory board shall be established by the Comnission or utilized unless: (2) Specifically determined as a matter of formal record by the Comnisshn toabe in the public interest in connection with the performance of duties imposed by law. Sec. 4 (b) Unless otherwise specifically authorized by [law t o the contrary] r; statute or presidential directive, no advisory board shall be utilized f o r functions not solely advisory, and determinations of actions to be taken and policy to be expressed with respect to matters upon which an advisory board advises or reconrnmnds shall be made solely by [fulltime salaried officers or employees] Government officials. reports shwing the current or projected commercial operations o f identified business enterprises, unless the department or agency head determines it necessary for the effective functioning of the cownittee. kll meetings of an advisory board shall be under the chafnnanship, or conducted In the presence o f , a full-time salarled officer or cmp1oyer of the Governrnent who shall have the authority and be required to adjourn any laeetfng whenever he considers adjournment to be in the public Interest.]

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I n the case o f advlsory boards other than the General Advisory Committee, s the Advisory Committee on Reactor Safeguards and the Patent Compensation .;,.$'Board, the General Manager or the Director o f Regulation, as the case i4ri ' \ ' may be, will select the members: Provided, however, That the Manager of a field of fl ce will select members o f the Persumel Secrsrlty Board established for hls office. of the Government] Government of fl cia l appolnttd by the agency cstab- -1lshing the board who shall .have the authority and be required t o adjourn any meeting whenever he considers adjournment t o be In the public interest. ,(b) interagency or advisory boards shall have dual or rotating chairboard determines t h a t such an arranqement Is reauired. sac. 12(2) (c) No meeting of an advisory board shall be held except a t the call. employee o f the Conmlssion] 6overnment of fl cia l and with an agenda formulated or approved by such [ of fl cer or employee) of fic fal, unless the Sec.. 13(1) ( 1 ) Every meeting o f an advisory board, includlng an Industry advisory ' 5' board, shall be open to public observation; Set, \3(2) (2) Notice o f the time, place and agendas o f open meetings of advlsory

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and industry advisory boards shall be published i n the Federal Register er as appropriate by publication in local media a t least 7 days prior t o the date of such open meetings; Sec. l3(b) ( 3 ) Open meetings o f advisory and industry advisory boards m y be attended by any interested person. Sec. 13(b) (4) The number of interested persons which w i 11 be a1 lowed t o attend an open meeting of an advisory or industrial advisory board shall be left to the discretion of the chairman of such board, provided that: the total number of persons admitted will not exceed a number consistent 1.with the conduct of an orderly we ting, considering, size of the meeting - place, nesttng agenda, representation of opinion, and the urgency of (5) Interested persons attending meetfngs o f advleory and industry advisory boards may submit written statements t o the board concerning the business before the board, and at the discretion of the Chairman of the board may make oral statements during the meting,in such number as will be consistent with an orderly Droceedina. Sec . Advice or recomendations o f - the board shall be given only with respect t o matters covered i n the record ' o f the board's open proceedings. Sec. 1 3 ( 4 [For advisory beards other .than Industry advisory cocmrittees, minutes of each-meet fng] iRecords of each meet ing of advisory boards and Industry advisory boards shall be kept whlch4 shall, as a minimum, contain: [a record of persons present ,.I the idaka f f 1cat ion of board members ' present and

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members of the public who participate at meetings and the interests or affiliations they represent, a description of matters discussed, and [conclusions reached] recomnendat ions made and reasons there for, and [copies of a l l reports, recefved, issued, o r approved by the advisory The written information made auai l able for constderation by The provisions of the preceding section shall apply to all advisory and industry advisory boards except CO the extent thata determination i s made in writing by the General Manaqer o r the Director of Regulation, as the case m y be, thata board's activities are matters which fall within policies analoqous t o those recoqnized i n Section Title5 of the United States Code, and the public Interest requires such activities to be withheld from disclosure, I n the case of advisory boards other than industry advisory cm it tees, the Commission, the General Manager or Director of Regulation, as the case may be, may waive compliance with any requirement contained i n 5 5 7.4, 7.6, and 7.7 when the Commission, the General Manager o r the Director of Regulation, as the case may be, formally determines that compliance therewith would interfere with the proper functioning of such advisory board o r would be impracticable,: that adequate provisions are otherwise made t o insure that the advisory board , ,operation i s subject to Government control and purpose, and that waiver of the requirement

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is In the public interest. ] Sec. 13(e) Aval l a b i 1 1 ty of Records The availability to the public of records o f 5.kld-b e determined pursuant t o Section 552 of Title5 of the United States Code and other applicable law. [ A n advisory board whose duration i s not otherwise fixed by law ] Unless Its duration i s otherwise fixed by statute or Presidential directive.a board shall terminate not later than two years from the date of its formation unless the Conmisslon determines in writing not more than 60 days prior to the expiration of such two-year period that its conttnued existence isin the public interest.Alike determination by the i . Comnlssion shall be required not mre than sixty days prior to the end each subsequent two-year period t o continue the existence o f such _ . advisory board thereafter. For the purpose o f these regulations, the date of formation of an advisory board i n existency on [February 28, 1962,l June 7, 1972, s h a l l be)deemed t o be [July 1, 1960,] January 1, 1972, or the actual date of its formation whichever is later. s 7.10 Industry advisory [ cmi ttees] boards. (a) Each industry advisory [cornnittee] -board s h a l l be reasonably representative of the group of industries, the r l n g l e industry, or the gtographical, service, or product segment thereof to which - i t relates, taking into account the size and function of business enterprises i n the Industry or industries, and their lokation, a ff lli ation, and cm petit ive status, among other factors. Selection of Industry members

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shall, unless otherwise provided by statute, be ll mi ted to individuals actively engaged i n operations i n the particular Industry, Industries, or segments concerned, except where the Commission, the Gmneral Manager or Director of Regulation, as the case may be, [deems] makes a written determination that such limitations would f nter fer e with effective committee operation,- detailing the reasons therefor. [(b) A verbatim transcripts hall be kept of all proceedfngs a t each meeting sf an industry advisory committee, including the names of all persons -present, their affiliation, and the capacity i n which they attend: Provrded, That, where -the Comnission, the General Manager or the Director of Regulation, as the case may be, formally determines that a verbatlm transcript would Interfere with the proper fun ct lon lng of . such a comnittee or would be impracttcable, and t h a t waiver of the requirement of a Verbatim transcript.isin the public interest i - the case may be, may authorize i n l i e u thereof the keeping of minutes which shall, as a minfmum, contain a record o f persons present, a description of matters discussed and conclusions reached, and copies o f a l l reports received; issued, or approved by the committee. minutes shall be certified to by afull - time salaried officer or employee of the Government present during the proceedings recorded.] The accuracy ofall [(c) Industry advisory committees shal I not be p emit tid to receive, compile, or discuss data or reports shw,ing the current or projected cOmnerc ia 1 opera t ions o f ident i f ied bus iness en terpr ises .3 12 7.11 Annual publication of list of advisory boards; availability of Advisory beard records and files to the Attorney General.

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(a) The Cosmission shall publish inits annual report, or otherwise publish annually, alist of such advisory boards, including the names and affiliations of their members, a description of the function ef each advisory board and a statement of the dates ofits meetings: Provided, That the Conmission may waive t h i s requlrement where the Conrrnission determlnes that such annoal publication would be unduly costly or impracticable, but s h a l l make such information available, upon request, t o the Congress, the PreiZdent, or the Attorney General. ' I (b) A copy of each such report shall be qurnlshed to the Attorney s transcripts or notes of meetings, stodies, analyses, 'reports or other b' f data compilations or working papers, made available to or prepared by o r <:,c / for any such advisory board, shall be made available, upon request by a \;.. f the Attorney General, tohis duly authorized representatives, subject f,: t o such security restrictions as may be properly imposed on the materiaas

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(a) The regulations in this parts hall govern the establishment and operation o f advisory boards created pursuant t o sections 161a., 26, 29, and 157s. of the Atomic Energy Act of 1954, as amended (68 Stat. 919) tothe extent not inconsistent with specific law. (b) The regulations shall not apply: (1) To any advisory board composed wholly of representatives of state or local agencies or charitable,religious, educational, civic,social welfare, or others fm f lar nonprofit organization.. (2) To interagency and advisory boards, including Industrial advisory boards whose existence i s t o be twelve months or less; As used In this part : or employee of the Federal Government. (b) The term "Board" means any comi ttee, board, c mission, councf 1, conference, panel, task force, or other similar group or body established t o meet on a recurring basis to provide advice or recommendations t o AEC or for the purpose of coordinating the ect iv it les of departments or agencies, including Preis dent i al, interagency, advisory, or industrial advisory cmf ttees but excludtng Intra-agency comnf ttees. (c) The term "Advisory board" means any board t h a t i s established by AEC under the authority of the Atomic Energy Act of 1954, as amended and

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that is not composed wholly of Government officials and (A) i s established in the interest o f obtaininq advice or recomnendations, and which has been or will be in existence more than twelve months, o r (€3) is not established by AEC, but only for such period when it i s being utilized by AEC in the same manner as an AEC-established advisory committee. (d) The term “industrial advisory committee” means an advisory conrni ttee composed predominantly of members or representatives of a single or group of related industries, or of …