CFR Subpart D

CFR Subpart D
in effect

22 C.F.R. § 214.31 A.I.D. Advisory Committee Representative.

(a) For each advisory committee used by A.I.D., the Administrator designates an A.I.D., employee to serve as the A.I.D. Advisory Committee Representative. (b) The designated A.I.D. employee performs functions required by section 10 of the Act and assigned herein. Such functions include: (1) Calling, or giving advance approval to, advisory committee meetings; (2) Approving an agenda for each meeting; (3) Making recommendations on proposals to close meetings, or parts of meetings, to the public; and clearing such recommendation with the Advisory Committee Management Officer and the General Counsel for decisions by the Administrator; (4) Assuring that advance notices of each meeting (whether open or closed) are published in the Federal Register, provided through other means such as press releases and direct mail, and provided to the Advisory Committee Management Officer. (5) Assuring that open meetings are accessible to the public; (6) As specified by the Administrator, chairing or attending each meeting; (7) Determining the number of committee members necessary to be present at any meeting for the transaction of committee business; (8) Adjourning any meeting, whenever he determines adjournment to be in the public interest; (9) Assuring that minutes are kept of each advisory committee meeting and of the meetings of sub-committees and sub-groups, and that such minutes are certified for accuracy by the chairman or presiding officer of the committee; and (10) Assuring that, subject to section 552 of title 5 United States Code, the documents of the advisory committee are made available for public inspection and copying. (11) Maintaining a current list of members of the advisory committee, and furnishing membership information to the A.I.D. Advisory Committee Management Officer on request.

22 C.F.R. § 214.32 Calling of advisory committee meetings.

(a) No advisory committee is to hold any meetings except at the call, or with the advance approval, of the designated A.I.D. Advisory Committee Representative. (b) Each advisory committee meeting is conducted in accordance with an agenda approved by the designated A.I.D. Advisory Committee Representative. (1) The agenda lists the matters to be considered at the meeting and indicates whether any portion of the meeting is to be closed to the public in accordance with subsection (c) of section 552(b) of title 5, United States Code. (2) Copies of the agenda are distributed to members of the committee prior to the date of the meeting and are included in the official records of the Advisory Committee.

22 C.F.R. § 214.33 Notice of meetings.

(a) Notice of each advisory committee meeting (whether the meeting is open or closed) shall be published in the Federal Register at least fifteen (15) days before the date of the meeting, and should also be provided through other means such as newspaper advertisements, press releases, and direct mail. (1) Exceptions to the requirement for public notice are granted only for reasons of national security as determined by the Director, OMB and are requested and justified by the Administrator, A.I.D. at least thirty (30) days prior to the meeting. (2) Exceptions to the fifteen (15) day advance publication requirement are granted in emergency situations as determined by the Administrator, A.I.D. In such situations, the facts on which exception is based are to be included in the Notice of the meeting. (3) Requests for exceptions under paragraphs (a) (1) and (2) of this section are prepared by the Advisory Committee Representative and are cleared by the Advisory Committee Management Officer and the General Counsel prior to submission to the Administrator. (b) Notices include the name of the advisory committee; the time of the meeting; the purposes of the meeting; a statement regarding the extent to which the public will be permitted to attend and, if any portion is closed, why such closure or partial closure is necessary, including citation of the appropriate exemption permitted under subsection (c) of 5 U.S.C. 552b. Thus, A.I.D. Notices of Advisory Committee meetings normally state that the meeting is open to the public and include the place of the meeting; and instructions for gaining access to open meetings which are held in a “secured” building. (c) Both formal and informal notices are prepared by the A.I.D. Advisory Committee Representative; formal notices to be published in the Federal Register are cleared with the Advisory Committee Management Officer and are sent to the Office of the General Counsel at least thirty-two (32) days before the scheduled meeting date. (d) Copies of all public notices are provided to the Advisory Committee Management Officer.

22 C.F.R. § 214.34 Public participation.

(a) Each advisory committee meeting is to be open to the public except where: (1) The Director, OMB, has determined that public notice of a meeting would be inconsistent with national security; or (2) The Administrator, AID, has formally determined that a meeting, or portion of a meeting may be closed to the public in accordance with subsection (c) of section 552b of title 5, United States Code. (b) Advisory committee requests to close all or part of a meeting or a series of meetings are to include the reasons for proposed closure, citing specific exceptions involved under subsection (c) of section 552b of Title 5, United States Code. Such requests are submitted by the AID Advisory Committee Representative, through the Advisory Committee Management Officer and the General Counsel to the Administrator at least forty (40) days before the scheduled date of the meeting. (c) The Administrator's determination is to be in writing and is to contain a brief statement of the reasons for closing the meeting (or portion thereof). The determination itself is to be made available to the public on request. (d) When all or part of an advisory committee meeting is closed and detailed minutes are not to be made available in their entirety to the public, the Committee shall prepare and make available to the public within thirty (30) days of the close of the meeting a summary of its activities and related matters which are informative to the public consistent with the policy of 5 U.S.C. 552(b). Notice of availability of such a summary shall be incorporated in the notice of the meeting published in the Federal Register. (e) To facilitate public participation in advisory committee meetings which are to be open or partially open to the public: (1) Meetings are to be held at a reasonable time and at a place that is accessible to members of the public. (2) The size of the meeting room is to be large enough to accommodate the Advisory Committee, its staff, and those members of the public who might be expected to attend. (3) Any member of the public is permitted to file a written statement with the committee, before or after the meeting. (4) Interested persons may be permitted to present oral statements at the meeting in accordance with procedures established by the committee, and to the extent time available for the meeting permits. (5) Other participation by members of the public is not permitted, except in accordance with procedures established by the committee.

22 C.F.R. § 214.35 Minutes of meetings.

(a) Minutes are to be kept of each meeting of each advisory committee and its formal and informal sub-groups. (b) The chairman or presiding officer designates a member or other person to keep the minutes. (c) The minutes are to include: (1) The time and place of the meeting; (2) A list of members, staff, and A.I.D. employees attending; (3) A complete summary of matters discussed and conclusions reached; (4) Copies of all reports received, issued, or approved; (5) The extent to which the meeting was open to the public; and (6) The extent of public participation, including a list of those who presented oral or written statements and an estimate of the number of those who attended the meeting. (d) The chairman or presiding officer of the advisory committee is to certify to the accuracy of the minutes. The certification is to indicate that “the minutes are an accurate and complete summary of the matters discussed and conclusions reached at the meeting held on (date(s)).”

22 C.F.R. § 214.36 Records of advisory committees.

(a) The A.I.D. Advisory Committee Representative is to maintain the records of the advisory committee in a location known to the A.I.D. Advisory Committee Management Officer. (b) Such records are to include the reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents which were made available to, or prepared for or by, the advisory committee. (c) Advisory committee records are maintained and disposed of according to procedures prescribed in the Agency's Handbook 21—Communications, Part III, Records Filing and Disposition Manual.

22 C.F.R. § 214.37 Public access to committee records.

Records maintained in accordance with § 214.36 are subject to the Freedom of Information Act, 5 U.S.C. 552 et seq. and, thus, are available for public inspection and copying pursuant to A.I.D. Regulation 12—Public Information (22 CFR part 212), subject to the general oversight of the A.I.D. Advisory Committee Management Officer.

22 C.F.R. § 214.38 Submission of reports to the Library of Congress.

(a) Each advisory committee is to file with the Library of Congress eight copies of each of its reports, except where the report falls within an exemption listed in 5 U.S.C. 552(b) or relates to a meeting which was closed for reasons of national security. (b) The A.I.D. Advisory Committee Representative provides copies of committee reports to the Office of Legislative Affairs for transmittal to the Library of Congress; and sends a copy to the A.I.D. Advisory Committee Management Officer for inclusion in the Agency's central file on advisory committees. (c) As appropriate, the A.I.D. Advisory Committee Representative may also send copies of background papers and other advisory committee documents to Office of Legislative Affairs for transmittal to the Library of Congress.