(a) Applicability. The term “meeting” covers any situation in which all or some of the members of an advisory committee convene with a representative of the Department to transact committee business or to discuss matters related to the committee. This is applicable to an advisory committee and to its subordinate components.
(b) Designated Department official.(1) No advisory committee may hold a meeting in the absence of the designated full-time Department or other U.S. Government officer.
(2) The designated Department or other U.S. Government officer has the following responsibilities:
(i) Prepares or approves the agenda for all meetings;
(ii) Calls or approves in advance the calling of the meetings;
(iii) Adjourns any meeting whenever he or she determines that adjournment is in the public interest.
(c) Notice of meetings.(1) All advisory committee meetings, open or closed, will be publicly announced except when the President of the United States determines otherwise for reasons of national security.
(2) Notice of each such meeting shall be published in the Federal Register and in a Department of State Press Release at least 15 days prior to the meeting date.
(3) The responsible committee office will prepare the notice and press release, obtaining clearances as set forth in paragraphs (c)(3) (i) and (ii) of this section, and deliver to the Advisory Committee Management Officer for action:
(i) Open meeting— clearance within initiating office/bureau;
(ii) Closed meeting— clearance within initiating office/bureau including its legal adviser, and the Bureau of Public Affairs at the Bureau level.
(4) The Deputy Under Secretary for Management will determine if an advisory committee may hold a closed meeting, after a request for a meeting not open to the public is cleared by the Advisory Committee Management Officer and the Office of the Legal Adviser.
(5) After the clearances set forth in paragraphs (c) (3) and (4) of this section, a notification of meeting may also be provided by the office/bureau to any persons or organizations known to be interested in the activities of the committee.
(6) The office sponsoring the committee is responsible for meeting publishing date requirements. Overall normal processing time prior to a meeting date is 25 days for an open meeting and 47 days for a closed meeting.
(d) Contents of notice.(1) The content of the Federal Register public notice and the Department of State press release will be identical.
(2) An open meeting announcement will state the name of the committee; the date, time, and place of the meeting; the agenda or summary thereof; that the meeting will be open to the public; the extent to which the public may participate in the meeting, either orally or in writing; seating space available; and the name and telephone number of a committee officer to whom inquiries may be directed, including arrangments for those attending if the meeting is in a secure building.
(3) A closed meeting announcement will state the name of the committee, the date of meeting and the reason or reasons which justify the closing of the meeting in the public interest.
(e) Closed meetings.(1) An advisory committee meeting may be closed in accordance with the Federal Advisory Committee Act when the President or Department determines that the meeting is concerned with matters listed in section 552(b) of title 5, United States Code.
(2) Any determination to close all or a part of a meeting must be based upon specific reasons. If a meeting is to cover separable matters, not all of which are within the exemptions of 5 U.S.C. 552(b), only the portion of the meeting dealing with exempt matters may be closed.
(3) When a meeting or portion of a meeting is to be closed to the public, the notice should state the reasons for the closing.
(4) The written request in accordance with paragraph (c)(4) of this section, for a determination by the Deputy Under Secretary for Management that a committee may hold a closed meeting must be submitted at least 47 days before the scheduled date of the meeting unless the Deputy Under Secretary for Management determines that a shorter period of time is necessary.
(f) Cancelled meetings.(1) The cancellation of a scheduled committee meeting must be publicized without delay.
(2) The responsible committee office will prepare a public notice and press release and hand-carry them to the Advisory Committee Management Officer as soon as the decision to cancel the meeting is made.
(3) The notice and press release will state the name of the advisory committee, identify the meeting that is cancelled, and state why it is cancelled. The Federal Register data, if known, concerning the announcement should be cited.
(g) Rescheduled meetings. When it is not feasible to hold an advisory committee meeting on the date that has been announced such meeting may be rescheduled for a later date by utilizing the same procedure as set forth in paragraph (f) of this section except the word rescheduled is substituted for cancelled.
(h) Minutes.(1) Detailed minutes of each advisory committee meeting, including subgroups, shall be kept.
(2) The minutes for an open meeting shall as a minimum cover the folllowing items: The time and place of the meeting; a listing of advisory committee members and staff and agency employees present at the meeting; a complete summary of matters discussed and conclusions reached; copies of all reports received, issued, or approved by the advisory committee; a description of the extent to which the meeting was open to the public; an explanation of the extent of public participation, including a list of members of the public who presented oral or written statements; and an estimate of the number of members of the public who attended the meeting.
(3) The minutes for a closed meeting shall include all that is required for an open meeting except those items relating to the presence of the public.
(4) The chairperson of each advisory committee shall certify the accuracy of the committee minutes.
(22 U.S.C. 2658 and 3926)
[40 FR 28606, July 8, 1975, as amended at 49 FR 16989, Apr. 23, 1984]
Title 22 published on 2012-04-01
no entries appear in the Federal Register after this date.
This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.