202 



" Section 5 . Effective inunediately, executive departments and agencies shall not 

 create of sponsor a new advisory committee subject to FACA vinless the 

 committee is required by statue or the agency head (a) finds that compelling 

 consideratioi\s necessitates creation of such a committee, and (b) receives the 

 approval of the Director of the Office of Management and Budget Such 

 approval shall be granted oiUy sparingly and only if compelled by considerations 

 of national security, health or safety, or similar national interests. These 

 requirements shall apply in addition to the notice and other approval 

 requirements of FACA." 



Based on this language, the Office of Management and Budget is likely to be reluctant to 

 approve a new FACA conunittee. Congress could, of course, direct the establishment of 

 a committee, and either specify that it was subject to FACA, or exclude it from FACA. 



If the group did come under FACA, the following requirements would have to be met 



• The agency must make an assessment that an advisory group is in the public 

 interest. 



• A letter must be sent to the Committee Management Secretariat at the General 

 Services Administration, a notice of determination must be published in the 

 Federal Register, and an action memo must be sent to the relevant Secretary. 



• A charter must be prepared for the group. The charter should include the 

 committee's official designation, objectives, scope, term length, official to whom 

 it reports, the agency providing support, duties, operating costs, estimated 



Final Draft - September 15, 1993 33 



