(g) As indicated in section 1 of the circular, its provisions apply throughout the subcommittees in the same way as to committees. Thus, reports under 6a, b and c are to include subcommittees. (h) The following tabulation should be prepared for those committees chaired by the agency, which are not reported under sections 6a, b, and c. Standing committees Ad hoc committees Total Number of committees in existence on June 30 of the previous year.. Number of committees created, or expected to be created, during the reporting year. Number of committees abolished, or expected to be abolished, during the reporting year. Number of committees to be in existence on June 30 of the current year.. 3. General reminders: (a) Is the designation of a committee management liaison officer current? (b) Are field as well as headquarters committees included in your report? (c) Have steps been taken to achieve uniformity of nomenclature to the extent provided in section 5 of the circular? (d) Has provision been made for publication in the Federal Register of information required by section 2e? 4. Please provide four copies of your report. Mr. FORTWENGLER. This circular requires, among other things, that each department and agency submit a report on the interagency committees and subcommittees which it chairs to the Bureau of the Budget by April 30 of each year, covering the current fiscal year. However, this BOB Circular No. Á-63 does not cover comimttees chaired by non-Government personnel, the President, Vice President, White House staff, and Members of Congress. Section 8 of Executive Order 11007, Subject: "Prescribing Regulations for the Formation and Use of Advisory Committees," dated February 26, 1962, requires that a nonstatutory advisory committee shall terminate not later than 2 years from its formation, unless the head of the department or agency by which it is utilized determines in writing, not more than 60 days prior to the expiration of such 2-year period, that its continued existence is in the public interest. A like determination by the department or agency head is required for each subsequent 2-year period to continue the existence of such committee thereafter. It appears that some of the departments and agencies and particularly the agencies of the Executive Office of the President do not have an established procedure for complying with Executive Order 11007. Executive Order 11007 does not cover statutory and Presidential committees. I have a copy of Executive Order 11007 which can be submitted for the record. Mr. MONAGAN. That may also be placed in the record at this point without objection. (The document referred to follows:) Executive Order 11007 PRESCRIBING REGULATIONS FOR THE FORMATION AND USE OF ADVISORY COMMITTEES WHEREAS the departments and agencies of the Government frequently make use of advisory committees; and WHEREAS the information, advice and recommendations obtained through advisory committees are beneficial to the operations of the Government; and WHEREAS it is desirable to impose uniform standards for the departments and agencies of the Government to follow in forming and using advisory com mittees in order that such committees shall function at all times in consonance with the antitrust and conflict of interest laws: NOW, THEREFORE, by virtue of the authority vested in me by the Constitution and statutes, and as President of the United States, it is hereby ordered as follows: SECTION 1. The regulations prescribed in this order for the formation and use of advisory committees shall govern the departments and agencies of the Government to the extent not inconsistent with specific law. SEC. 2. As used herein, (a) The term "advisory committee" means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof, that is formed by a department or agency of the Government in the interest of obtaining advice or recommendations, or for any other purpose, and that is not composed wholly of officers or employees of the Government. The term also includes any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof, that is not formed by a department or agency, but only during any period when it is being utilized by a department or agency in the same manner as a Government-formed advisory committee. (b) The term "industry advisory committee" means an advisory committee composed predominantly of members or representatives of a single industry or group of related industries, or of any subdivision of a single industry made on a geographic, service or product basis. SEC. 3. No advisory committee shall be formed or utilized by any department or agency unless (a) specifically authorized by law or (b) specifically determined as a matter of formal record by the head of the department or agency to be in the public interest in connection with the performance of duties imposed on that department or agency by law. SEC. 4. Unless specifically authorized by law to the contrary, no committee shall be utilized for functions not solely advisory, and determinations of action to be taken with respect to matters upon which an advisory committee advises or recommends shall be made solely by officers or employees of the Government. SEC. 5. Each industry committee shall be reasonably representative of the group of industries, the single industry, or the geographical, service, or product segment thereof to which it relates, taking into account the size and function of business enterprises in the industry or industries, and their location, affiliation, and competitive status, among other factors. Selection of industry members shall, unless otherwise provided by statute, be limited to individuals actively engaged in operations in the particular industry, industries, or segments concerned, except where the department or agency head deems such limitations would interfere with effective committee operation. SEC. 6. The meetings of an advisory committee formed or used by a department or agency shall be subject to the following rules: (a) No meeting shall be held except at the call of, or with the advance approval of, a full-time salaried officer or employee of the department or agency, and with an agenda formulated or approved by such officer or employee. (b) All meetings shall be under the chairmanship, or conducted in the presence of, a full-time salaried officer or employee of the Government who shall have the authority and be required to adjourn any meeting whenever he considers adjournment to be in the public interest. (c) For advisory committees other than industry advisory committees, minutes of each meeting shall be kept which shall, as a minimum, contain a record of persons present, a descriptin of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the committee. The accuracy of all minutes shall be certified to by a full-time salaried officer or employee of the Government present during the proceedings recorded. (d) A verbatim transcript shall be kept of all proceedings at each meeting of an industry advisory committee, including the names of all persons present, their affiliation, and the capacity in which they attend: Provided, that where the head of a department or agency formally determines that a verbatim transcript would interfere with the proper functioning of such a committee or would be impracticable, and that waiver of the requirement of a verbatim transcript is in the public interest, he may authorize in lieu thereof the keeping of minutes which shall, as a minimum, contain a record of persons present, a description of matters discussed and conclusions reached, and copies of all reports received, issued, or approved by the committee. The accuracy of all minutes shall be cer tified to by a full-time salaried officer or employee of the Government present during the proceedings recorded. (e) Industry advisory committees shall not be permitted to receive, compile, or discuss data or reports showing the current or projected commercial operations of identified business enterprises. (f) In the case of advisory committees other than industry advisory committees, the department or agency head may waive compliance with any requirement contained in subsection (a), (b) or (c) of this section when he formally determines that compliance therewith would interfere with the proper functioning of such a committee or would be impracticable, that adequate provisions are otherwise made to insure that committee operation is subject to Government control and purpose, and that waiver of the requirement is in the public interest. SEC. 7. The head of each department or agency sponsoring an advisory committee may prescribe additional regulations, consistent with the provisions and purposes of this order, to govern the formation or use of such committees, or the appointment of members thereof. SEC. 8. An advisory committee whose duration is not otherwise fixed by law shall terminate not later than two years from the date of its formation unless the head of the department or agency by which it is utilized determines in writing not more than sixty days prior to the expiration of such two-year period that its continued existence is in the public interest. A like determination by the department or agency head shall be required not more than sixty days prior to the end of each subsequent two-year period to continue the existence of such committee thereafter. For the purpose of this section, the date of formation of an advisory committee in existence on the date of publication of this order shall be deemed to be July 1, 1960, or the actual date of its formation, whichever is later. SEC. 9. The requirements of this order shall not apply: (a) to any advisory committee for which Congress by statute has specified the purpose, composition and conduct unless and to the extent such statute authorizes the President to prescribe regulations for the formation or use of such committee; (b) to any advisory committee composed wholly of representatives of State or local agencies or charitable, religious, educational, civic, social welfare, or other similar nonprofit organizations; (c) to any local, regional, or national committee whose sole function is the dissemination of information for public agencies, or to any local civic committee whose primary function is that of rendering a public service other than giving advice or making recommendations to the Government. SEC. 10. (a) Each department and agency utilizing advisory committees shall publish in its annual report, or otherwise publish annually, a list of such committees, including the names and affiliations of their members, a description of the function of each committee and a statement of the dates of its meetings: Provided, that the head of the department or agency concerned may waive this requirement where he determines that such annual publication would be unduly costly or impracticable, but shall make such information available, upon request, to the Congress, the President, or the Attorney General. (b) A copy of each such report shall be furnished to the Attorney General. and all records and files of advisory committees, including agenda, transcripts or notes of meetings, studies, analyses, reports or other data compilations or working papers, made available to or prepared by or for any such advisory committee, shall be made available, upon request by the Attorney General, to his duly authorized representatives, subject to such security restrictions as may be properly imposed on the materials involved. SEC. 11. This order supersedes the directive of February 2, 1959, entitled "Standards and Procedures for the Utilization of Public Advisory Committees by Government Departments and Agencies," and all provisions of prior Executive orders to the extent they are inconsistent herewith. THE WHITE HOUSE, JOHN F. KENNEDY February 26, 1962. [F.R. Doc. 62–2073, Filed, Feb. 27, 1962; 11:34 a.m.] 2-28-62 Mr. FORTWENGLER. In some instances, the duration of a committee's existence may vary with its type of function; some with_continuing functions have an indefinite existence while others may have a specified date of disbandment or continue on until their function or mission is completed. Presidential advisory and interagency committees are created by: Statute, Executive order, and the President's expression or concurrence as head of the executive branch of the Government. Generally, the function of an advisory committee is to advise and make recommendations, while the function of the interagency committee is to coordinate on matters of common interest. However, some committees possess both of the above mentioned functions while others may have limited operating and technical functions that approach the status of an agency. Examples of committees approaching the status of an agency are: Mr. MONAGAN. Do we have a date when that was set up? Mr. FORTWENGLER. Yes, sir; I do. I believe it was 1968 originally and then I think it was revised. It was sort of reestablished again in 1969. Just 1 second here and I will be able to find that for you. Mr. MONAGAN. You may place it in the record. Mr. FORTWENGLER. I have it. It was originated January 27, 1968. With respect to the National Alliance of Businessmen (NAB), this is a rather sizable committee operating without congressional authorization or concurrence. The NAB is funded by the Department of Labor and arranges with private enterprise for the training and hiring of hard-core unemployables. The names and addresses of the hard-core unemployable are supplied by the Department of Labor. COMMITTEES HAVING SIMILAR DUTIES AND FUNCTIONS Following are examples we have found of committees having similar duties and functions grouped by like categories. The operation of these committees could lead to a duplication of effort, a waste of money and personnel resources. Mr. FORTWENGLER. First category: Status of women. A citizens' advisory council on status of women was originated November 1, 1963, authorized by Executive Order 11126. Date of last meeting was April 27, 1968. Estimated annual cost is $43,000 which includes the following committee on the same subject. The next committee in this category is Interdepartmental Committee on the Status of Women. Date originated, November 1, 1963, authorized by Executive Order 11126, date of last meeting July 31, 1968, and the estimated annual cost of this is $43,000 which includes the cost of the first committee. President's Study Group on Careers for Women, established, originated February 28, 1966, by Presidential announcement. Date of last meeting March 15, 1968. Estimated annual cost not reported in the report. Task Force of Women's Rights and Responsibilities, date originated October 1, 1969, authorized by Presidential announcement, date of last meeting not reported. Estimated annual cost not reported. 43-861-70- -2 Mr. Chairman, if you wish, this might be a little boring to read all of these. We could just put these in the record. I will mention that we have categories on status of women, highway safety, aged persons, crime, science, economic opportunities, and physical fitness. Mr. MONAGAN. The material in this statement that we have referred to may be included in the record at this point. It will be part of your statement anyway. You may proceed. (The complete list follows:) Category and name STATUS OF WOMEN Date Last meeting Estimated annual cost Citizens Advisory Council on the Status of Nov. 1, 1963 Executive Order 11126... Apr. 27, 1968 Interdepartmental Committee on the Status of Women. President's Study Group on Careers for Task Force On Women's Rights and Responsi- HIGHWAY SAFETY Task Force on Highway Safety. (1) Advisory Committee on School Bus Operation July 15, 1968 do. (3) (3) Oct. 10, 1968 7,800 National Highway Safety Advisory Committee. Mar. 16, 1967 tion. Dec. 12, 1968 27,100 69,970 |