VR-COMSECY-00-0018, Comments on GSA Proposed FACA Regulations
| ML18107A116 | |
| Person / Time | |
|---|---|
| Issue date: | 03/06/2000 |
| From: | NRC/OGC |
| To: | NRC/OCM |
| References | |
| COMSECY-00-0018 | |
| Download: ML18107A116 (7) | |
Text
UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 COMSECY-00-0018 comment:
.roved*w March 6, 2000 OFFICE OF THE GENERAL COUNSEL Comment/RAM:
MEMORANDUM TO: Chairman Meserve Commissioner Dicus The comment on Section 102-3.150 Commissioner Diaz concerning authorization to pay "additional expenses" to committee Commissioner McGaffigan Commissioner M#.rrifip~ld - members should be deleted.
FROM: Karen D.C General Conun
SUBJECT:
COMMENTS ON GSA PROPOSED FACA REGULATIONS The General Services Administration (GSA) published a proposed rule on January 14, 2000, which would revisit current regulations implementing the Federal Advisory Committee Act (FACA). Comments are due by March 14, 2000.
The GSA has authority to administer FACA for the Executive Branch under Executive Order 12024. The current FACA regulations do not reflect legislative changes, shifts in Federal policy, and Federal court decisions relating to that statute since the regulations were last amended ten years ago. The proposed rule, which is a complete "plain language" rewrite of the current regulations, reflects these developments.
The most significant changes to the current FACA regulations in the proposed rule are the following.
The proposed rule would provide that subcommittees reporting to a parent advisory committee are not subject to FACA if the parent committee conducts a full review of the subcommittee's advice or recommendations. Currently, such subcommittees are subject to all FACA requirements, except for obtaining a charter.
The proposed rule would exclude from FACA coverage meetings between Federal employees and officials or employees of State, local, and tribal governments on intergovernmental responsibilities or administration, as well as committees created by the National Academy of Sciences and the National Academy of Public Administration.
These exclusions were enacted into law after the existing regulations had been promulgated.
CONTACT: John Szabo (301) 415-1610
UNITED STATES NUCLEAR REGULATORY COMMISSION COMSECY-00-0018 WASHINGTON, D.C. 20555-0001
March 6, 2000 OFFICE OF THE GENERAL COUNSEL (--0f1Et1.a,6 .,.
ýýýeta JO;Jicuý 3/z.-../00 MEMORANDUM TO: Chairman Meserve Commissioner Dicus Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield FROM: Karene. CD General Colu I~
SUBJECT:
COMMENTS ON GSA PROPOSED FACA REGULATIONS The General Services Administration (GSA) published a proposed rule on January 14, 2000, which would revisit current regulations implementing the Federal Advisory Committee Act (FACA). Comments are due by March 14, 2000.
The GSA has authority to administer FACA for the Executive Branch under Executive Order 12024. The current FACA regulations do not reflect legislative changes, shifts in Federal policy, and Federal court decisions relating to that statute since the regulations were last amended ten years ago. The proposed rule, which is a complete "plain language" rewrite of the current regulations, reflects these developments.
The most significant changes to the current FACA regulations in the proposed rule are the following:
The proposed rule would provide that subcommittees reporting to a parent advisory committee are not subject to FACA if the parent committee conducts a full review of the subcommittee's advice or recommendations. Currently, such subcommittees are subject to all FACA requirements, except for obtaining a charter.
The proposed rule would exclude from FACA coverage meetings between Federal employees and officials or employees of State, local, and tribal governments on intergovernmental responsibilities or administration, as well as committees created by the National Academy of Sciences and the National Academy of Public Administration.
These exclusions were enacted into law after the existing regulations had been promulgated.
CONTACT: John Szabo (301) 415-1610
7273678648 MAR-14-2000 13:28 NRC 7273678648 P.01
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NUCLEAR REGULATORY COMMISSION CONSECY-00-0018 WASHINGTON. D.C. 20555-0001 March 6, 2000 OFFtCE OF THE GENERAL COUNSEL I approve the draft' comments MEMORANDUM TO: Chairman Meserve subject to-the attached Commissioner Dicus e di t Commissioner Diaz Commissioner McGaffigan Commissioner Merrfield .* " s*J. "Dfz 3f400 FROM: Karen D.
General Cou
SUBJECT:
COMMENTS ON GSA PROPOSED FACA REGULATIONS The General Services Administration (GSA) published a proposed rule on January 14, 2000, which would revisit current regulations implementing the Federal Advisory Committee Act (FACA). Comments are due by March 14, 2000.
The GSA has authority to administer FACA for the Executive Branch under Executive Order 12024. The current FACA regulations do not reflect legislative changes, shifts in Federal policy, and Federal court decisions relating to that statute since the regulations were last amended ten years ago. The proposed rule, which is a complete "plain language" rewrite of the current regulations, reflects these developments.
The most significant changes to the current FACA regulations in the proposed rule are the following:
The proposed rule would provide that subcommittees reporting to a parent advisory committee are not subject to FACA if the parent committee conducts a full review of the subcommittee's advice or recommendations. Currently, such subcommittees are subject to all FACA requirements, except for obtaining a charter.
The proposed rule would exclude from FACA coverage meetings between Federal employees and officials or employees of State, local, and tribal governments on intergovernmental responsibilities or administration, as well as committees created by the National Academy of Sciences and the National Academy of Public Administration.
These exclusions were enacted into law after the existing regulations had been promulgated.
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CONTACT: John Szabo (301) 415-1610
ADDITIONAL COMMENTS ON PROPOSED RULE Section 102-3.75(b): To satisfy the requirement that agencies must consult with the Secretariat before establishing, reestablishing, or renewing an advisory committee, this provision would provide agencies with the option to develop and submit an annual plan or submit a letter and the proposed charter to the Secretariat. We recommend that this provision explain more fully what is meant by an "annual plan" in this context.
Section 102-3.80: Although the proposed rule would require a public notice in the Federal Register when a discretionary advisory committee is established, reestablished, or renewed, there is no similar requirement for revisions to a committee charter. We recommend that the rule require that a notice be published when there is a major revision to a committee charter.
.Section 102-3.140: This provision would require the designation of a Federal employee to serve as the Designated Federal Official (DFO) for each advisory committee and its subcommittees.
Because there may be situations where the DFO may not be able to attend committee meetings or carry out other DFO duties, we recommend that this provision be amended to provide for the selection of other employees to serve as "alternate DFO." .
Sections 102-3.150(d), (e), and (.(): These provisions on determining compensation for advisory committee members, committee staff, and committee consultants would tie the rates of pay for members, staff, and consultants to the General Schedule. Because, as an excepted agency, the NRC is not under the General Schedule pay system, we recommend that these provisions be appropriately amended to add the phrase "or equivalent agency system" to include agencies that under the General Schedule.
SSection 102-3.150 would also authorize payment of ihe travel expenses and per diem o advisory committee members and their staff while performing their duties away from their homes or business. However, there is no authorization for any additional expenses that may be required for members to carry out their duties. For example, agencies may wish to provide committee
\copiers, andmembers with certain office supplies resources, for use such in advisory as telephones, committee computers, business. They mayfaxalso machines, wish to provide an allowance for th.ese items, as well as for cierical assistance. We recommend ta
- ti l de for agency authorization of such' enses.
Section 102-3.190(e): This provision would require that committee and subcommittee minutes be "finalized" within 90 calendar days of the meeting. We recommend that this term be changed to "certified," which would be consistent with the first paragraph of this section, which requires that the committee chairperson "certify" to the accuracy of the minutes.
Section 102-3.200: The first key point and guidance in the table in this provision relate to opening all advisory committee and subcommittee activities to the public. Paragraph B of the guidance "cautions" agencies to avoid excluding the public from a subcommittee meeting that
-develops substantive advice or recommendations which are subject to only nominal review by the parent committee. To prevent inadvertent violations and provide clear guidance, we recommend that the Paragraph B be relettered as Paragraph A and that it read as follows:
"Subcommittee meetings must be open to the public when the meeting develops substantive advice or recommendations which are subject to only nominal review by the
UNITED STATES NUCLEAR REGULATORY COMMISSION COMSECY-00-0018 WASHINGTON, D.C. 20555-0001 March 6, 2000 OFFICE OF THE A
GENERAL COUNSEL MEMORANDUM TO: Chairman Meserve Commissioner Dicus Q Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield FROM: Karen D.
General Coun I 0
SUBJECT:
COMMENTS ON GSA PROPOSED FACA REGULATIJNS The General Services Administration (GSA) published a proposed rule on January 14, 2000, which would revisit current regulations implementing the Federal Advisory Committee Act (FACA). Comments are due by March 14, 2000.
The GSA has authority to administer FACA for the Executive Branch under Executive Order 12024. The current FACA regulations do not reflect legislative changes, shifts in Federal policy, and Federal court decisions relating to that statute since the regulations were last amended ten years ago. The proposed rule, which is a complete "plain language" rewrite of the current regulations, reflects these developments.
The most significant changes to the current FACA regulations in the proposed rule are the following:
The proposed rule would provide that subcommittees reporting to a parent advisory committee are not subject to FACA if the parent committee conducts a full review of the subcommittee's advice or recommendations. Currently, such ýsubcommittees are subject to all FACA requirements, except for obtaining a charter.
The proposed rule would exclude from FACA coverage meetings between Federal employees and officials or employees of State, local, and tribal governments on intergovernmental responsibilities or administration, as well as committees created by the National Academy of Sciences and the National Academy of Public Administration.
These exclusions were enacted into law after the existing regulations had been promulgated.
CONTACT: John Szabo (301) 415-1610
- 4. "UNITED STATES NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20555-0001 "March 10, 2000 OFFICE OF THE INSPECTOR GENERAL MEMORANDUM TO: Karen D. Cyr General Counsel FROM: u Bl 6znuspector General
SUBJECT:
COMMENTS ON GSA PROPOSED FACA REGULATIONS The Inspector General Act requires that my office review statutes, regulations and policies and to make recommendations concerning their impact on agency programs and operations. The purpose of this review is to analyze and comment on their effect on the economy and efficiency of programs and operations administered by the agency.
In accordance with that statutory obligation, we have reviewed draft comments on GSA proposed FACA Regulations, this memorandum addresses concerns resulting from that review.`
The substance of the comments on the proposed regulations are valuable where they seek '
necessary guidance and additional definition and clarity. However, two points raise issues related to the agency's efficiency and economy. First, is the apparent objection to "seeking 1 1'
,feedback" from advisory committee members and the public. ough the agency request for /17 ./
implementation direction is well placed, the comment questioning the need for this provision is' a concern. At this time the agency is making extensive efforts to elicit public confidence in //f /
executing its mission, particularly in the area of effective communications. Eliminating potentiail\
communication, in the form of feedback, may result in a missed opportunity for the agency in this important area.
The second concern is with regard to the comment on Section 102-3.150, in which the agency recommends authorization for it to pay "additional expenses" to committee members. The .
agency appears to seek authority to reimburse advisory committee members for items such as '
office supplies, clerical assistance and other miscellaneous expenses. Reimbursement for these items has been the subject of prior OIG investigations. In addition to finding that oversight "-.
and control for payment was lacking, the OIG found that allowing for this type of expense, absent adequate oversight and controls, is extremely vulnerable to fraud. Finally, with agency support readily available, the need for this type of reimbursement is not readily evident. '
If you have questions regarding this matter, please contact Maryann L. Grodin on 415-5945.
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ý1111 UNITED STATES NUCLEAR REGULATORY COMMISSION COMSECY-00-00 18 WASHINGTON, D.C. 20555-0001 March 6, 2000 OFFICE OF THE GENERAL COUNSEL MEMORANDUM TO: Chairman Meserve commissioner Dicus Ar. -"/
/' d,ý Commissioner Diaz Commissioner McGaffigan Commissioner Merrifield FROM: Karen D. C 1i General Conun
SUBJECT:
COMMENTS ON GSA PROPOSED FACA REGULATIONS The General Services Administration (GSA) published a proposed rule on January 14, 2000, which would revisit current regulations implementing the Federal Advisory Committee Act (FACA). Comments are due by March 14, 2000.
The GSA has authority to administer FACA for the Executive Branch under Executive Order 12024. The current FACA regulations do not reflect legislative changes, shifts in Federal policy, and Federal court decisions relating to that statute since the regulations were last amended ten years ago. The proposed rule, which is a complete "plain language" rewrite of the current regulations, reflects these developments.
The most significant changes to the current FACA regulations in the proposed rule are the following:
The proposed rule would provide that subcommittees reporting to a parent advisory committee are not subject to FACA if the parent committee conducts a full review of the subcommittee's advice or recommendations. Currently, such subcommittees are subject to all FACA requirements, except for obtaining a charter.
The proposed rule would exclude from FACA coverage meetings between Federal employees and officials or employees of State, local, and tribal governments on intergovernmental responsibilities or administration, as well as committees created by the National Academy of Sciences and the National Academy of Public Administration.
These exclusions were enacted into law after the existing regulations had been promulgated.
CONTACT: John Szabo (301) 415-1610