10 CFR Part 7 · GlobalLawDB

Contents

7.1Policy.#

The regulations in this part define the policies and procedures to be used by the Nuclear Regulatory Commission (NRC) in applying the Federal Advisory Committee Act, as amended (FACA or “the Act”), 5 U.S.C. chapter 10, to advisory committees established and operated by the NRC. FACA governs the establishment, operation, administration, and termination of advisory committees within the executive branch of the Federal Government. The Act defines what constitutes a Federal advisory committee, provides general procedures for the executive branch to follow for operating an advisory committee, and is designed to assure that the Congress and the public are kept informed with respect to the number, purpose, membership, activities, recommendations, outcomes, and cost of advisory committees through reporting requirements. In general, it is the policy of the Commission that—

(a)Except where there is express legal authority to the contrary, the function of NRC advisory committees shall be advisory only.

(b)Each NRC advisory committee shall function in compliance with the Federal Advisory Committee Act and this part.

(c)The number of NRC advisory committees shall be kept to the minimum necessary, and the number of members of each NRC advisory committee shall be limited to the fewest necessary to accomplish committee objectives.

(d)(1) An NRC advisory committee shall be established only:

(e)Except where otherwise required by law, an NRC advisory committee shall be terminated whenever the stated objectives of the committee have been accomplished, the subject matter or work of the committee has become obsolete, the committee's main functions have been assumed by another entity within the Federal Government, or the cost of operating the committee has become excessive in relation to the benefits accruing to the Federal Government from its activities.

(1)An advisory committee not required to be established by statute terminates no later than two years after its establishment or last renewal, unless renewed.

(2)An advisory committee required to be established by statute terminates upon the expiration of the time explicitly specified in the statute or implied by operation of the statute.

(f)NRC advisory committees shall be balanced in their membership in terms of the points of view represented and the functions to be performed.

(g)The Congress shall be kept informed of the number, purpose, membership, activities, and cost of NRC advisory committees.

(h)NRC advisory committee meetings shall be open to the public, except where closure is determined to be justified under § 7.15.

(i)The Commission may periodically invite feedback from the public regarding the effectiveness of NRC advisory committees.

(ii)When the Commission determines that the committee is essential to the conduct of NRC business; or

(i)Committee deliberations will result in a significant contribution to the creation, amendment, or elimination of regulations, guidelines, or rules affecting NRC business;

(ii)The information to be obtained is available through another source within the Federal Government;

(iii)The committee will make recommendations resulting in significant improvements in service or reductions in cost; or

(2)Before establishing an advisory committee, the Commission shall consider whether:

(iv)The committee's recommendations will provide an important additional perspective or viewpoint relating to NRC's mission. The advice or recommendations of an advisory committee should be the result of the advisory committee's independent judgment.

(j)If the regulations in this part conflict with those promulgated by the General Services Administration (GSA) found at 41 CFR part 102-3, the GSA regulations control.

7.10The Committee Management Officer.#

(a)The Chairman of the Commission or designee shall designate a Committee Management Officer (CMO) to carry out the functions specified in paragraph (b) of this section.

(b)The CMO shall—

(1)Carry out all responsibilities delegated to such officer by the Commission and manage the NRC's FACA program;

(2)Ensure that administrative guidelines and management controls are issued that apply to all NRC advisory committees and issue guidelines specifying the content of committee bylaws;

(3)Exercise control and supervision over the establishment, procedures, and accomplishments of NRC advisory committees;

(4)Assemble and maintain the reports, records, and other papers of any such committee during the committee's existence;

(5)Carry out, on behalf of the NRC, the provisions of the Freedom of Information Act (5 U.S.C. 552) and implementing NRC regulations (10 CFR part 9, subpart A) with respect to such reports, records, and other papers;

(6)Ensure that, subject to the Freedom of Information Act and implementing NRC regulations at 10 CFR part 9, subpart A, copies of the records, reports, transcript minutes, appendices, working papers, drafts, studies, agenda, or other documents that were made available to or prepared for or by each NRC advisory committee are available for public inspection and copying at the NRC website, https://www.nrc.gov, at the NRC Public Document Room, or both, until the advisory committee ceases to exist;

(7)Ensure that, subject to the Freedom of Information Act and implementing NRC regulations, at least eight copies of each report made by each NRC advisory committee and, where appropriate, background papers prepared by consultants, shall be filed with the Library of Congress;

(8)Ensure that NRC keeps such records as will fully disclose the disposition of any funds that may be at the disposal of NRC advisory committees and the nature and extent of their activities;

(9)Ensure that NRC keeps such other records and provides such support services as are required by § 7.22; and

(10)Ensure that sections 10(b), 12(a), and 13 of the Act (codified at 5 U.S.C 1009(b), 1011(a), and 1012, respectively) are implemented by the NRC to provide for appropriate recordkeeping. Records to be kept by the CMO include, but are not limited to:

(i)A set of filed charters for each advisory committee and membership lists for each advisory committee and subcommittee;

(ii)Copies of the information provided as the NRC's portion of the annual comprehensive review of Federal advisory committees, prepared according to § 7.16;

(iii)NRC administrative guidelines maintained and updated on committee management operations and procedures; and

(iv)NRC determinations to close or partially close advisory committee meetings required by § 7.15.

7.11The Designated Federal Officer.#

(a)The Chairman of the Commission or designee shall designate a Designated Federal Officer (DFO) or alternate DFO for each NRC advisory committee and its subcommittees. The individual(s) holding such positions must be employed by the Federal Government on either a full-time or a permanent part-time basis.

(b)The DFO or alternate DFO must:

(1)Ensure that their committee activities comply with the Act, this part, and any other applicable laws, regulations, or NRC administrative procedures;

(2)Approve or convene all meetings of the NRC advisory committee or subcommittee;

(3)Approve the agenda for each committee meeting (except a meeting of a Presidential advisory committee);

(4)Attend all meetings of the committee and subcommittees for their duration;

(5)Adjourn any meetings of the committee or subcommittees when the DFO determines such adjournment is in the public interest;

(6)Chair any meetings of the committee or subcommittees when so directed by the Commission;

(7)Maintain information on advisory committee activities and provide such information to the public, as applicable;

(8)Make copies of committee documents required to be maintained for public inspection and copying pursuant to § 7.14(b) and ensure their availability at the NRC website, https://www.nrc.gov, at the NRC Public Document Room, or both.

(9)Ensure compliance with the requirements of § 7.13 regarding minutes of meetings of the committee; and

(10)Ensure advisory committee members and subcommittee members, as applicable, receive the appropriate training (e.g., FACA overview, ethics training) for compliance with the Act and this part.

(c)An NRC advisory committee may not hold a meeting in the absence of its DFO or alternate DFO.

7.12Public participation in and public notice of advisory committee meetings.#

(a)Each meeting of an NRC advisory committee shall be held at a reasonable time and in a place reasonably accessible to the public, including persons with disabilities. Any advisory committee meeting conducted, in whole or part by teleconference, video conference, the internet, or other electronic medium, must comply with this part. The size of the meeting room must be sufficient to accommodate advisory committee members, advisory committee or agency staff, and a reasonable number of interested members of the public, except that the provisions of this paragraph (a) relating to the room size shall not apply to any part of an NRC advisory committee meeting that has been closed pursuant to § 7.15. The Federal Register notices, agendas, and supporting materials related to each meeting should be posted on the agency advisory committee website as soon as they are available or at the time they are provided to the advisory committee members.

(b)Any member of the public who wishes to do so shall be permitted to file a written statement with an NRC advisory committee whether or not the statement is related to a specific meeting. The committee chairperson may also permit members of the public to speak at meetings of the committee in accordance with procedures established by the committee.

(c)(1) At least seven calendar days prior to an NRC advisory committee meeting, a notice that includes the following information shall be published in the Federal Register:

(e)Meetings of a subcommittee whose recommendations will not be reviewed by its parent advisory committee shall be conducted in accordance with all notice and openness requirements contained in this section and in §§ 7.13, 7.14, and 7.15.

(i)The exact name of the advisory committee (or subcommittee, if applicable);

(ii)The time, date, physical place (and/or instructions to connect electronically), and purpose of the meeting;

(d)In addition to notice required by paragraph (c) of this section, the NRC may also use other forms of notice, such as press releases, posting the information on the NRC website, https://www.nrc.gov, notice by mail, social media, etc., to inform the public of advisory committee meetings and provide as much advance notice as possible. To that end, the DFO or alternate for each NRC advisory committee will, to the extent practicable, maintain lists of people and organizations interested in that advisory committee and notify them of meetings by mail.

(iii)Whether meeting registration is required;

(iv)A summary of the agenda of the meeting, and/or topics to be discussed and instructions on how to access meeting materials;

(v)A statement whether all or part of the meeting is open to the public or closed; if the meeting is closed in whole or in part, state the reasons why under § 7.15, citing the specific exemption(s) of the Government in the Sunshine Act, 5 U.S.C. 552b(c);

(vi)Instructions for submitting written comments, and oral comments, if permitted;

(vii)Instructions on how to submit a request for physical meeting or electronic meeting accommodations consistent with the relevant sections of the Rehabilitation Act, as amended, 29 U.S.C. 794; and

(viii)The contact information for the DFO, alternate DFO, or other responsible agency official, or agency electronic mailbox for the committee, to contact for additional information concerning the meeting.

(2)In exceptional circumstances, or when the President determines in writing that it is necessary for reasons of national security, less than seven calendar days' notice of an advisory committee meeting may be given, provided that there is as much prior notice as possible and the reasons for the shorter time are included in the committee meeting notice published in the Federal Register.

(3)The Commission may publish a single notice announcing multiple meetings; however, a meeting may not be announced so far in advance as to prevent the public from being adequately informed of an NRC advisory committee's schedule.

7.13Minutes of advisory committee meetings.#

(a)Detailed minutes shall be kept of each NRC advisory committee meeting, including one that is closed or partially closed to the public. The minutes shall include the following information:

(1)The time, date, and place (or electronic format) of the advisory committee meeting;

(2)A list of the persons who were present at the meeting, including advisory committee members and staff, agency employees, or members of the public who presented oral or written statements;

(3)An estimate of the number of other members of the public who were present;

(4)The extent of public participation; and

(5)An accurate description of each matter discussed during the meeting and its resolution, if any, made by the advisory committee at the meeting.

(b)The minutes of an NRC advisory committee meeting shall include a copy of each report or other document received, issued, or approved by the advisory committee in connection with the meeting. If it is impracticable to attach a document to the minutes, the minutes shall describe the document in sufficient detail to permit it to be identified readily.

(c)The chairperson of an NRC advisory committee shall certify to the accuracy of the minutes of each of the committee's meetings. In the case of a subgroup of an advisory committee, the chairperson of the subgroup shall certify to the accuracy of the minutes.

(d)A verbatim transcript of an advisory committee meeting may be substituted for minutes required by this section, providing that the use of such a transcript is in accordance with the requirements of paragraphs (a), (b), and (c) of this section.

(e)The DFO must ensure that minutes are certified for accuracy by the chairperson within 90 calendar days of the meeting to which they relate. The advisory committee should post the meeting minutes on the agency website for that advisory committee.

7.14Public information on advisory committees.#

The NRC seeks to be as transparent and timely as possible when providing public access to advisory committee activities and materials. The NRC, as appropriate, shall establish public-facing websites to help the public understand the NRC's advisory committee program and use additional notification methods to reach advisory committee stakeholders pursuant to section 10 of the Act (codified at 5 U.S.C 1009).

(a)The NRC shall maintain systematic information on the nature, functions, and operations of each NRC advisory committee. A complete set of the charters of NRC advisory committees and copies of the annual reports required by § 7.17(a) will be maintained for public inspection at either the NRC website, https://www.nrc.gov, at the NRC Public Document Room, or both.

(b)Subject to the provisions of the Freedom of Information Act (5 U.S.C. 552) and NRC's Freedom of Information Act regulations at 10 CFR part 9, subpart A, copies of NRC advisory committees' records, reports, transcripts, minutes, appendices, working papers, drafts, studies, agenda, and other documents shall be maintained for public inspection and copying at the NRC website, https://www.nrc.gov, at the NRC Public Document Room, or both. To provide the public a meaningful opportunity to comprehend fully the work undertaken by an NRC advisory committee, advisory committee records should be available to the public as soon as practicable. Members of the public or other interested parties may review non-exempt advisory committee records without filing a request for these records under the Freedom of Information Act.

(c)Official records generated by or for an advisory committee must be retained for the duration of the advisory committee. Upon termination of the advisory committee, the records must be processed in accordance with the Federal Records Act (44 U.S.C. chapters 21, 29-33) and regulations issued by the National Archives and Records Administration (see 36 CFR parts 1220, 1222, 1228, and 1234), or in accordance with the Presidential Records Act (44 U.S.C. chapter 22).

7.15Procedures for closing an NRC advisory committee meeting.#

(a)To close all or part of a meeting of an NRC advisory committee, the DFO shall submit a written request for closure to the General Counsel, citing specific exemptions listed in the Government in the Sunshine Act (5 U.S.C. 552b(c)), as implemented by 10 CFR 9.104, that justifies the closure. The request shall provide the General Counsel sufficient time to review the matter in order to make a determination prior to publication of the meeting notice pursuant to § 7.12.

(b)If the General Counsel finds that the request for closure is consistent with the provisions of the Government in the Sunshine Act, FACA, and this part, a determination shall be issued in writing that all or part of the meeting will be closed. The determination shall include a statement of the reasons for the closing, citing the applicable exemptions in the Government in the Sunshine Act (as implemented by 10 CFR 9.104).

(c)The Secretary of the Commission shall make a copy of the determination to close all or part of an NRC advisory committee meeting available to the public upon request. If such a determination has been issued, the meeting notice published in the Federal Register must comply with the provisions of § 7.12 applicable to closed meetings.

(d)The following activities of an advisory committee are excluded from the procedural requirements contained in this part pertaining to notice and open meetings:

(1)Preparatory work. Meetings of two or more advisory committee or subcommittee members convened solely to gather information, conduct research, or analyze relevant issues and facts in preparation for deliberation by advisory committee members in a public meeting of the advisory committee, or deliberation by subcommittee members in a public meeting of the subcommittee (where applicable). These meetings to conduct preparatory work do not include deliberation among advisory committee or subcommittee members; and

(2)Administrative work. Meetings of two or more advisory committee or subcommittee members convened solely to discuss administrative matters of the advisory committee or subcommittee (such as meeting logistics) or to receive administrative information from a Federal officer or agency (such as a briefing on ethics or FACA procedural requirements).

7.16Annual review.#

(a)The Commission shall conduct an annual review of the activities and responsibilities of each NRC advisory committee to determine whether the committee—

(1)Is carrying out its purposes or, consistent with the public interest and, as applicable, provisions of applicable statutes, its responsibilities should be revised or renewed;

(2)Should be merged with another advisory committee; or

(3)Should be terminated.

(b)The review required by paragraph (a) of this section shall include consideration of such information regarding the committee as is required for the Commission's annual report to the Secretariat pursuant to § 7.17(a), including consideration of the criteria listed in § 7.5(a), and such other information as may be requested from the Committee by the CMO. The results of such review shall be included in the annual report to the Secretariat.

(c)If, as a result of the review required by this section, the Commission determines that an advisory committee is no longer needed, the committee shall be terminated; except that in the case of an advisory committee established by an Act of Congress or the President, the committee's termination shall be recommended to the President or the Congress, as the case may be.

7.17Reports required for advisory committees.#

(a)The Commission shall furnish a report on the activities of NRC advisory committees annually to the Secretariat on a fiscal year basis. The report must contain information regarding NRC advisory committees consistent with instructions provided by the Secretariat. The information provided by the Commission regarding its advisory committees is contained in the Secretariat's report as part of the annual comprehensive review which is available on the GSA FACA database.

(b)Any NRC advisory committee holding closed or partially closed meetings shall issue a report, at least annually, setting forth a summary of its activities as would be informative to the public consistent with the policy of the Freedom of Information Act reflected at 5 U.S.C. 552(b). A copy of the report shall be made available at the NRC website, https://www.nrc.gov, at the NRC Public Document Room, or both.

(c)Subject to the Freedom of Information Act (5 U.S.C. 552) and implementing NRC regulations (10 CFR part 9, subpart A), eight copies of each report made by an advisory committee, including any report on closed meetings pursuant to paragraph (b) of this section, and, where appropriate, background papers prepared by experts or consultants, shall be filed for public inspection and use with the Library of Congress.

7.18Appointment, compensation, and expense reimbursement of advisory committee members, staffs, and consultants.#

(a)The Commission appoints or invites individuals to serve on committees, unless otherwise provided for by a specific statute or Presidential directive. Advisory committee members serve at the pleasure of the Commission and their terms are at the sole discretion of the Commission.

(b)Except where otherwise provided by law, the Commission may accept the gratuitous services of an NRC advisory committee member, staff member, or consultant who agrees in advance to serve without compensation.

(c)(1) Subject to the provisions of paragraph (c)(2) of this section, if the Commission determines that compensation of a member of an NRC advisory committee is appropriate, the amount that will be paid shall be fixed by the Chairman of the Commission at a rate that is the daily equivalent of a rate in NRC's General Grade Salary Schedule, unless the member is appointed as a consultant and compensated at a rate applicable to NRC consultants.

(2)In determining an appropriate rate of pay for a member of an NRC advisory committee, the Chairman of the Commission shall give consideration to the significance, scope, and technical complexity of the matters with which the advisory committee is concerned and the qualifications required for the work involved; provided that the Chairman may not set the rate of pay for an NRC advisory committee member higher than the daily equivalent rate for level III of the Executive Schedule under 5 U.S.C. 5314, unless a higher rate is expressly allowed by another statute. The Commission may not provide additional compensation in any form, such as bonuses or premium pay.

(d)(1) Federal employees serving as either an advisory committee member or as a staff person remain covered during the assignment by the compensation system of their employing agency.

(2)A staff member who is not otherwise a Federal employee shall be appointed in accordance with applicable agency procedures, following consultation with the advisory committee.

(e)Advisory committee members, while engaged in the performance of their duties away from their homes or regular places of business, may be allowed reimbursement for travel expenses, including per diem, per the rates established for employees by the GSA Administrator at 5 U.S.C. 5702. In order to minimize travel expenses, virtual meetings should be held or virtual attendance should be provided for committee members who would otherwise need to travel. Reimbursement of travel expenses should only be done when the Presidential directive, authorizing statute, or committee charter allows for it, funds are available, and expenditure of funds will not exceed budgeted amounts.

(f)Nothing in this section shall affect a rate of pay or a limitation on a rate of pay that is specifically established by law or a rate of pay established under the NRC's General Salary Schedule and evaluation system.

7.19Advisory committee members with disabilities.#

While performing advisory committee duties, an advisory committee member with disabilities may be provided the same services by a personal assistant as those that may be provided to employees per 5 U.S.C. 3102.

7.2Definitions.#

The following definitions apply to this part: Act means the Federal Advisory Committee Act, as amended, 5 U.S.C. chapter 10. Administrator means the Administrator of General Services. Advisory committee means any committee, board, commission, council, conference, panel, task force, or other similar group, which is established by statute, or established or utilized by the President or any agency official to obtain advice or recommendations for the President or on issues or policies that fall within the scope of agency responsibilities (codified at 5 U.S.C. 1001). Advisory committees are subject to the Act unless specifically exempted by the Act, or by other statutes, or not covered by this part. The following are examples of meetings or groups that the term “advisory committee” does not include:

(1)Any group composed wholly of full-time or permanent part-time officers or employees of the Federal Government;

(2)Any group specifically exempted from the Act by statute;

(3)Any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any groups established to advise State or local officials;

(4)Any committee established to perform primarily operational as opposed to primarily advisory functions specifically. Operational functions are those specifically authorized by statute or Presidential directive, such as making or implementing Government decisions or policy, as long as the group does not become primarily advisory in nature;

(5)Groups assembled where attendees provide individual advice to a Federal official(s);

(6)Meetings where individual rather than consensus advice is sought, such as roundtable discussions, workshops, townhall meetings, listening sessions, fact-finding meetings, meetings with an individual, or meetings with small groups of experts that do not involve regular meetings and collective recommendations;

(7)Committees or groups created by a non-Federal entity that is not managed or controlled by the executive branch;

(8)Any meeting of two or more advisory committee members convened solely to:

(i)Discuss administrative matters relating to the operation of their advisory committee;

(ii)Receive administrative information from a Federal employee;

(iii)Gather information or conduct research for a chartered advisory committee to analyze relevant issues and facts for their advisory committee; or

(iv)Draft proposed position papers for deliberation by their advisory committee;

(9)Any committee composed wholly of full-time or permanent part-time officers or employees of the Federal Government and elected officers of State, local, and Tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities, and exclusively discussing matters relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration (sec. 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), and Office of Management and Budget (OMB) Memorandum M-95-20, dated September 21, 1995);

(10)Any meeting of an NRC contractor, applicant, or licensee with an NRC employee to discuss specific matters involving the solicitation, issuance, or implementation of a contract or the Commission's effort to ensure compliance with its regulations;

(11)Any meeting of a subcommittee or other subgroup of an advisory committee where the subgroup's recommendations will be reviewed by its parent advisory committee, rather than provided directly to a Federal officer or agency or adopted without further deliberations by the parent advisory committee;

(12)Groups assembled to exchange facts or information with a Federal official(s);

(13)Public engagement that is required by statutes, including but not limited to: notice and comment rulemaking under the Administrative Procedure Act (5 U.S.C. 551-559), public meetings required under the National Environmental Policy Act (42 U.S.C. 4321), or public participation under the Resource Conservation and Recovery Act (42 U.S.C. 6974(b)), the Clean Water Act (33 U.S.C. 1251(e)), or the Safe Drinking Water Act (42 U.S.C. 300j-9) and the National Historic Preservation Act section 106 (54 U.S.C. 306108);

(14)Meetings with pre-existing non-governmental groups such as trade associations, advocacy groups, veterans organizations, environmental groups, or religious organizations where each group already has formulated views that it seeks to share with the Government; and,

(15)Meetings where the NRC is either providing its views to the private sector, or is assisting the private sector in developing guidance for itself. Agency means an agency of the Government of the United States as defined in 5 U.S.C. 551(1). Agency head means the head of an executive branch agency, department, or commission, or their designated delegate. Chairperson means the advisory committee or subcommittee member who serves in this role on an advisory committee by statutory requirement or invitation by Presidential authority or by the NRC's authority. Commission means the Nuclear Regulatory Commission of five members, or a quorum thereof, sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974, 42 U.S.C. 5841 (88 Stat. 1242). Committee Management Officer (CMO) means the individual designated by the Chairman, pursuant to § 7.10(a), to supervise and control the establishment and management of NRC advisory committees, and to implement the provisions of section 8(b) of the Act (codified at 5 U.S.C. 1007(b)), and any delegated responsibilities of the Commission under the Act. Committee Management Secretariat (Secretariat) means the organization established pursuant to section 7(a) of the Act (codified at 5 U.S.C. 1006(a)), which is responsible for all matters relating to advisory committees and carries out the responsibilities of the Administrator under the Act and Executive Order 12024. Committee meeting means any gathering of advisory committee members (whether in person or electronically, such as using telecommunications or through a virtual platform), held with the approval of an agency, and with a Designated Federal Officer in attendance, for the purpose of deliberating on the matters upon which the advisory committee provides advice or recommendations. Committee member means an individual who serves by appointment or invitation by the appointing authority on an advisory committee or subcommittee. Committee staff means any Federal employee, private individual, or other party (whether under contract or not) who is not a committee member, and who serves in a support capacity to an advisory committee or subcommittee. Designated Federal Officer (DFO) means an individual designated by the Chairman, pursuant to § 7.11(a), for which the Commission is responsible, to implement the provisions of sections 10(e) and (f) of the Act (codified at 5 U.S.C. 1009(e) and (f)) and any advisory committee procedures of the agency under the control and supervision of the CMO. Discretionary advisory committee means any advisory committee that is established under the authority of an agency head or authorized by statute, and its establishment or termination is within the legal discretion of an agency head. Non-discretionary advisory committee means any advisory committee either required by statute or Presidential directive, and its establishment or termination is beyond the legal discretion of an agency head. NRC means the agency established by title II of the Energy Reorganization Act of 1974, 42 U.S.C. 5801 (88 Stat. 1233), and known as the Nuclear Regulatory Commission. NRC Public Document Room means the Public Document Room maintained by the NRC at 11555 Rockville Pike, Rockville, Maryland 20852-2738. Presidential advisory committee means an advisory committee authorized by the Congress or directed by the President to advise the President. Subcommittee means a group that reports to an advisory committee, and not directly to a Federal officer or agency, whether or not its members are drawn in whole or in part from the parent advisory committee. Utilized by means a committee over which the President or a Federal officer or agency exercises actual management or control of its operation, whether or not it was established by the Federal Government.

7.20Conflict of interest reviews of advisory committee members' outside interests.#

The DFO or alternate DFO for each NRC advisory committee and the General Counsel or designee shall review the interests and affiliations of each member of the DFO's advisory committee annually, and upon the commencement of the member's appointment to the committee, for the purpose of ensuring that such appointment is consistent with conflict of interest laws and Federal ethics requirements applicable to that member and that the advice or recommendations of the committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment.

7.21[Reserved]#

7.22Fiscal and administrative responsibilities.#

Committees should actively seek to minimize costs associated with their activities and should be transparent about all expenditures. The NRC shall keep records fully disclosing the amount budgeted to each committee, a detailed account of all committee expenditures and NRC expenditures on behalf of the committees, and the nature and extent of their activities. This information shall be reported to the Secretariat as part of the Secretariat's annual comprehensive review, and NRC websites for individual committees shall include this information or a link to where this information may be accessed in GSA's FACA database.

(a)The Office of the Chief Financial Officer shall keep such records as will fully disclose the disposition of any funds that may be at the disposal of NRC advisory committees.

(b)Before establishing an advisory committee, the NRC shall identify requirements and ensure that adequate resources are available to support anticipated activities, such as work and meeting space, necessary technology, supplies and equipment (e.g., adequate virtual meeting capabilities), Federal staff support, access to key decisionmakers, and member access to meetings.

7.3Interpretations.#

Except as specifically authorized by the Commission in writing, no interpretation of the meaning of the regulations in this part by an NRC officer or employee, other than a written interpretation by the General Counsel, shall be binding upon the Commission.

7.4Establishment of advisory committees.#

(a)FACA identifies four sources of authority for establishing an advisory committee. An NRC advisory committee may be established under this part only if its establishment—

(1)Is required by statute where Congress establishes an advisory committee, or specifically directs the President or the NRC to establish it (non-discretionary);

(2)Is by Presidential directive (non-discretionary);

(3)Is authorized by statute where Congress authorizes, but does not direct the President or the NRC to establish it (discretionary); or

(4)Is by the NRC under general authority in title 5 of the United States Code or under other agency-authorizing statutes (discretionary).

(b)The public interest determination required by paragraph § 7.5(a) shall be a matter of formal record.

7.5Consultation with Committee Management Secretariat on establishment of advisory committees; advisory committee charters.#

(a)Consultation with the Secretariat. To establish, renew, reestablish, or merge a discretionary advisory committee, the Commission shall first consult with the Secretariat and, as part of the consultation, provide a written public interest determination approved by the Commission to the Secretariat documenting that the establishment, renewal, reestablishment, or merger of the committee is essential to the conduct of NRC business and that the information to be obtained is not already available through another advisory committee or source within the Federal Government. At a minimum, the following factors should be addressed in the written public interest determination provided to the Secretariat (with a copy to OMB) to demonstrate that establishing the committee is in the public interest:

(1)Annual budget and expected costs broken into:

(i)Federal personnel (based on full-time equivalent (FTE) usage basis) and other Federal internal costs;

(ii)Proposed payments to members and number of members; and

(iii)Reimbursable costs;

(2)If applicable, the total dollar value of grants expected to be recommended during the fiscal year;

(3)Criteria for selecting members to ensure the committee has the necessary expertise and fairly balanced membership;

(4)List of all other Federal advisory committees of the NRC;

(5)Justification that the information or advice provided by the Federal advisory committee is not available from another Federal advisory committee, another Federal Government source or any other more cost-effective and less burdensome source; and

(6)If the justification relates to a renewal, a summary of the previous accomplishments of the committee and the reasons it needs to continue.

(b)Considerations for fairly balanced membership. To comply with the Act's requirement for fairly balanced membership, during the Federal advisory committee member recruitment process the NRC should consider the following:

(1)The points of view required. During the formation of the advisory committee membership and as membership vacancies occur, the NRC should ensure that it fully considers and understands the potential implications or anticipated impacts of the advisory committee's potential recommendations. This includes consideration of the groups and entities potentially affected or interested in such recommendations, as appropriate based on the nature and functions of the advisory committee, so that the NRC can make informed decisions on the areas of expertise or perspectives that would advance the work of the advisory committee. Advisory committees requiring technical expertise should include persons with demonstrated professional or personal qualifications and experience relevant to the functions and tasks to be performed by the committee.

(2)Outreach. Having identified the points of view that would promote a fairly balanced advisory committee membership, the NRC should conduct broad outreach.

(c)Advisory committee charters. An advisory committee charter is intended to provide a description of an advisory committee's mission, goals, and objectives. The Commission approves advisory committee charters for establishments, renewals, re-establishments, or mergers. The charter must contain the following information:

(1)The advisory committee's official designation (official name);

(2)The legal authority that permits the advisory committee to be established;

(3)The objectives and the scope of the advisory committee's activities;

(4)A description of the duties for which the advisory committee is responsible and specification of the authority for any non-advisory functions;

(5)The NRC official(s) to whom the advisory committee submits its recommendations;

(6)The NRC office responsible for providing the necessary support to the advisory committee;

(7)The estimated annual costs to operate the advisory committee in dollars and person years (FTE). The estimated costs should break down all costs into the three categories described in paragraph (a)(1) of this section;

(8)The estimated number and frequency of the advisory committee's meetings;

(9)The period of time necessary for the committee to carry out its purposes;

(10)The planned termination date, if less than two years from the date of establishment of the advisory committee;

(11)The estimated number of advisory committee members, the expertise or experience required, and the anticipated committee member designations;

(12)Whether subcommittees may be created and by whom; and

(13)The date the charter is filed in accordance with § 7.8.

(d)Subcommittees. In general, the requirements of the Act and the policies of this part do not apply to subcommittees of advisory committees as long as the subcommittee reports only to that parent advisory committee and not directly to a Federal officer or the NRC. However, before establishing a subcommittee under a discretionary committee that is not made up entirely of members of a parent advisory committee, the Commission shall follow the same consultation process and document in writing the same determination of need for the subcommittee as is required under paragraph (a) of this section.

7.6Amendments to advisory committee charters.#

The Commission is responsible for amending the charter of an advisory committee. Final authority for amending the charter of an NRC advisory committee established or utilized by the NRC is vested in the Commission. Amending any existing advisory committee charter does not constitute renewal of the advisory committee under § 7.7. A committee charter that has been amended pursuant to this introductory text is subject to the filing requirements set forth in § 7.8. The procedures for making changes and filing amended charters will depend upon the authority basis for the advisory committee:

(a)Non-discretionary advisory committees. When Congress by law, or the President by Presidential directive (e.g., Executive order), changes the authorizing language that has been the basis for establishing an NRC advisory committee, the Commission shall amend those sections of the current charter affected by the new statute or Presidential directive and file the amended charter as specified in § 7.8.

(b)Discretionary advisory committees. The Commission shall amend the charter of a discretionary advisory committee when the Commission determines that provisions of a filed charter are inaccurate or obsolete, specific provisions have changed, such as the name of the advisory committee, number of members, estimated number or frequency of meetings, objectives, or estimated costs, or when advisory committees need to be merged. When a statute or Executive order that authorized the establishment of a discretionary advisory committee is amended, those sections of the advisory committee's charter affected by the amendments shall also be amended. The NRC shall then file the amended charter as specified in § 7.8.

(c)General Counsel coordination. Any proposed changes made to a current charter for an NRC advisory committee shall be coordinated with the General Counsel to ensure that they are consistent with applicable legal requirements.

(d)Public notification of charter amendments. The NRC shall post an announcement and a copy of the charter amendment on the advisory committee website. If an advisory committee website is not available, the NRC shall publish a notice of amendment in the Federal Register. The Federal Register notice publishing or website posting of charter amendments may be performed concurrently with the filing of the charter. The publishing requirement in the Federal Register does not apply to a non-discretionary advisory committee if the amendment was the result of a legislative change or Presidential directive.

7.7Termination, renewal, and rechartering of advisory committees.#

(a)Except as provided in paragraph (b)(1) of this section, each NRC advisory committee shall terminate two years after it is established, reestablished, or renewed, unless—

(1)The President or the Commission, as applicable, determines that the advisory committee has fulfilled the purpose for which it was established and terminates the advisory committee sooner;

(2)The President or the Commission, as applicable, determines that the advisory committee is no longer carrying out the purpose for which it was established and terminates the advisory committee sooner;

(3)The statutory authority used to establish the advisory committee provides a different duration or termination, either stated in or implied by operation of the statute; or

(4)The President or the Commission, as applicable, renews the advisory committee not later than two years after its date of establishment, renewal, or reestablishment in accordance with § 7.4.

(b)(1) An NRC advisory committee that is established by statute shall require rechartering by the filing of a new charter every two years after the date of enactment of the statute establishing the committee. If the committee's charter lapses before a new charter is filed, the committee is not terminated, but it may not meet or take any actions until a new charter is filed.

(2)Any other NRC advisory committee may be renewed, provided that such renewal is carried out in compliance with the procedures set forth in § 7.5, except that an advisory committee established by the President may be renewed by appropriate action of the President and the filing of a new charter. Renewal of an NRC advisory committee shall not be deemed to terminate the appointment of any committee member who was previously appointed to serve on the committee.

(c)The NRC Committee Management Officer shall notify the Committee Management Secretariat of the effective date of termination of any NRC advisory committee.

(d)If the Commission needs an advisory committee that was terminated and there is still adequate authority, as described in § 7.4, for establishing the advisory committee, the committee can be reestablished in accordance with § 7.5.

7.8Charter filing requirements.#

No advisory committee may meet or take any action until a charter has been filed by the Committee Management Officer designated in accordance with § 7.10 or by another agency official designated by the Commission.

(a)To amend a charter for, or establish (including due to a merger), renew, or reestablish a discretionary advisory committee, a charter must be filed with:

(1)The Commission;

(2)The Committee on Environment and Public Works of the United States Senate and the Committee on Energy and Commerce of the United States House of Representatives. The date of filing with these congressional committees constitutes the official date of establishment for the advisory committee;

(3)The Library of Congress;

(4)The Committee Management Secretariat, indicating the date the charter was filed with the congressional committees; and

(5)The Office of Management and Budget (OMB).

(b)Charter filing requirements for non-discretionary advisory committees are the same as those in paragraph (a) of this section, except the date of establishment, renewal, merger, or reestablishment for a Presidential advisory committee is the date the charter is filed with the Secretariat.

7.9Public notification requirements for discretionary advisory committees.#

(a)After submitting to the Secretariat the written public interest determination containing the information required under § 7.5(a), and following receipt of an assessment by the Secretariat providing its views on whether establishment of the advisory committee is in the public interest or notification from the Secretariat that no such assessment will be produced, the NRC shall publish a notice in the Federal Register announcing that the advisory committee is being established, renewed, reestablished, or merged. The notice must include the written public interest statement approved by the Commission described in § 7.5(a) and any assessment provided by the Secretariat.

(b)The required notices for establishment, renewal, reestablishment, or merger must appear at least seven calendar days before the charter is filed, unless the Secretariat approves less than seven calendar days when requested by the NRC in exceptional circumstances.

United States Government work; public domain under 17 U.S.C. § 105.