REG NASA NPD 1150 11 REV A-2012 Federal Advisory Committee Act (FACA) Committees.pdf

1、| NODIS Library | Organization and Administration(1000s) | Search | NASAPolicyDirective NPD 1150.11AEffective Date: June 20, 2012Expiration Date: June 20, 2017COMPLIANCE IS MANDATORY Printable Format (PDF)(NASA Only) Subject: Federal Advisory Committee Act (FACA) Committees Responsible Office: Offic

2、e of International and Interagency Relations1. POLICY a. It is NASAs policy to establish and manage advisory committees to obtain the advice ofpersons from outside the Government who can offer scientific, technical, and managerialexpertise to the Agency. The Agency also uses advisory committees to i

3、nform Agencymanagers of the concerns of external organizations that have an interest in NASAactivities. NASA advisory committees operate in a manner fully consistent with theprovisions of the Federal Advisory Committee Act (FACA), which was created to ensurethat committee meetings and records are op

4、en and accessible to the public.Subcommittees or task forces of NASA advisory committees that may not be subject to theFACA will be established and managed under procedures that ensure the same spirit ofopenness and public accountability that is embodied in the FACA. b. NASA advisory committees subj

5、ect to the FACA are defined as: any committee, board,commission, council, conference, panel, task force, or other similar group established byNASA for the purpose of obtaining advice or recommendations on issues within the scopeof the NASA Administrators official responsibilities. Subcommittees that

6、 report to a parentadvisory committee rather than directly to a NASA official are not subject to FACA. Suchsubcommittees will nonetheless operate under procedures that provide for public meetingsand the maintenance of publicly available records. Other external advisory groups thatreceive direction f

7、rom or report directly to a NASA official are subject to FACA. c. Potential NASA advisory committees that are not subject to FACA include the following:any committees specifically exempted from FACA by statute; committees not managed orcontrolled by NASA; groups assembled to provide advice on an ind

8、ividual basis versus viagroup feedback; groups assembled purely to exchange information with the Agency;intergovernmental committees; international committees; local civic groups; groupscreated to advise state or local officials; and committees formed to provide operationalversus advisory services i

9、n accordance with General Services Administration (GSA) FACAregulations and guidelines. d. All NASA advisory committee operations governed by the FACA are subject to theadministrative guidelines and management controls prescribed by the Administrator ofGSA and published in the Code of Federal Regula

10、tions, GSA Final Rule on FederalAdvisory Committee Management. e. Unless otherwise specifically provided by statute or Presidential directive, NASAadvisory committees shall be used solely for advisory functions. Only NASA officials mayRequest Notification of ChangeNPD 1150.11A - main Verify current

11、version before use at:http:/nodis3.gsfc.nasa.gov/ Page 1 of 5 NPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 1 of 5 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-determine Agency policy or direct Agency ac

12、tions. 2. APPLICABILITY This NPD applies to NASA Headquarters and NASA Centers, including ComponentFacilities and Technical and Service Support Centers. 3. AUTHORITY a. The National Aeronautics and Space Act, as amended, 51 U.S.C. 20113(g). b. The Federal Advisory Committee Act (1972), as amended, 5

13、 U.S.C. App. 1-16. c. Lobbying Disclosure Act of 1995, as amended, 2 U.S.C. 1605. General ServicesAdministration: Federal Advisory Committee Management; Final Rule (July 19, 2001), 41CFR Parts 101-6 and 102-3 (GSA FACA regulations). 4. APPLICABLE DOCUMENTS AND FORMSa. The Freedom of Information Act,

14、 as amended, 5 U.S.C. 552. b. The Government in the Sunshine Act, as amended, 5 U.S.C. 552b. Section 504 of theRehabilitation Act of 1973, as amended, 29 U.S.C. 794. c. Presidential Memorandum, Lobbyists on Agency Boards and Commissions (June 18,2010). d. Presidential Memorandum, Scientific Integrit

15、y (March 9, 2009). Office of Science andTechnology Policy Memorandum, Scientific Integrity (December 17, 2010). e. NASA Report to the Office of Science and Technology Policy, Ensuring ScientificIntegrity at the National Aeronautics and Space Administration (April 16, 2011). f. NPD 1440.6, NASA Recor

16、ds Management. g. NPR 1441.1, NASA Records Retention Schedules. 5. RESPONSIBILITY a. The NASA Administrator is responsible for: (1) Approving the establishment, renewal, and reestablishment of all discretionary NASAFACA advisory committees and their charters. The Administrator shall not establish,re

17、new, or reestablish an advisory committee without first making a determination, as amatter of formal record, that the committee is in the public interest with regard to theperformance of legal duties imposed on NASA, consulting with the GSA CommitteeManagement Secretariat, and publishing notice in t

18、he Federal Register. No NASA Federaladvisory committee may meet until its charter has been filed with the Administrator,Congress, the Library of Congress, and the GSA Committee Management Secretariat, inaccordance with GSA FACA regulations and guidelines; (2) Amending existing advisory committee cha

19、rters. Major amendments to charters alsorequire prior consultation with the GSA Committee Management Secretariat andcompliance with GSA FACA regulations and guidelines; (3) Issuing administrative guidelines and management controls that apply to NASAadvisory committees, consistent with the GSA FACA r

20、egulations and guidelines; (4) Appointing the NASA Committee Management Officer (CMO), an Agencywide Federaladvisory committee management oversight and compliance position, and a DesignatedFederal Officer (DFO) for each NASA Federal advisory committee and its subcommittees,as applicable; (5) Appoint

21、ing and setting the terms and conditions of service of NASA Federal advisoryNPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 2 of 5 NPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 2 of 5 Provided by IHSNot for ResaleN

22、o reproduction or networking permitted without license from IHS-,-,-committee members; (6) Appointing the chair of each NASA Federal advisory committee; (7) Reviewing annually the need to continue each existing NASA Federal advisorycommittee, consistent with the public interest and the purpose or fu

23、nctions of eachadvisory committee. The Administrator also is responsible for terminating advisorycommittees; (8) Determining compensation (if any) for NASA Federal advisory committee membersand for experts and consultants to advisory committees and ensuring that budgeted levelsof NASA support for ad

24、visory committees are adequate; (9) Developing procedures to ensure that the advice or recommendations of NASAFederal advisory committees will not be inappropriately influenced by NASAs seniormanagement or by any special interest, but will instead be the result of the advisorycommittees independent

25、judgment; and (10) Providing the opportunity for reasonable participation by the public in NASA Federaladvisory committee activities, subject to the GSA FACA regulations and guidelines andNASA guidelines. b. The NASA CMO is responsible for the following: (1) Supervising the establishment, operations

26、, procedures, and review of Federal advisorycommittees established by NASA, including charter development, membership balanceplan development, subsequent coordination and review by GSA of the advisory committeecharters, and filing of all charters with the Administrator, NASAs Congressional oversight

27、committees, the Library of Congress, and the GSA Committee Management Secretariat; (2) Announcing NASA Federal advisory committee vacancies widely, including notice inthe Federal Register with an invitation to the public to nominate individuals forconsideration and for self-nominations to be submitt

28、ed. Ensuring that the recruitmentprocess for new advisory committee members is as transparent as possible, and theAgency has access to a broad pool of qualified applicants; (3) Ensuring that the selection of members to serve on a NASA scientific or technicalFederal advisory committee is based on exp

29、ertise, knowledge, and contribution to therelevant subject area; (4) Ensuring that professional biographical information for NASAs appointed Federaladvisory committee members is made widely available to the public in a way that clearlyillustrates the members qualifications for service; (5) Assemblin

30、g, maintaining, and managing the reports, records, and other papers,including detailed minutes, of any such committee during its existence; (6) Making such reports, records, and other papers available to the public in accordancewith the provisions of the GSA FACA regulations and guidelines and the F

31、reedom ofInformation Act; (7) Ensuring that all reports, recommendations, and products produced by NASA Federaladvisory committees are treated as the findings of such committees rather than the U.S.Government and, thus, not subject to revision by NASA; (8) Retaining and disposing all such reports, r

32、ecords, and other papers in accordance withNPD 1440.6, NASA Records Management, and NPR 1441.1, NASA Records RetentionSchedules; (9) Performing any tasks delegated by the NASA Administrator; (10) Providing required performance, financial, and other information on NASA Federaladvisory committees elec

33、tronically to the GSA Committee Management Secretariatannually in accordance with the GSA FACA Regulations and guidelines; NPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 3 of 5 NPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.

34、gov/ Page 3 of 5 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-(11) Ensuring that the interests and affiliations of advisory committee members arereviewed for conformance with applicable conflict of interest statutes, regulations issuedby the U.S.

35、Office of Government Ethics (OGE), and other Federal ethics rules; (12) Ensuring that advisory committee members are not federally registered lobbyistsunder the Lobbying Disclosure Act of 1995, as amended, at the time of their appointmentor reappointment; and (13) Making publicly available the names

36、 of all committee members receiving Conflict ofInterest waivers. c. The NASA DFO is responsible for the following: (1) Approving or calling the meetings of the advisory committee or its subcommittees and,for committees other than Presidential advisory committees, approving an agenda; (2) Attending e

37、ach meeting of the advisory committee and chairing the meeting whendirected by the Administrator. An advisory committee shall not conduct a meeting in theabsence of the DFO. The DFO may also adjourn any meeting when the DFO determines itto be in the public interest; (3) Conducting advisory committee

38、 meetings, based on principles of openness andtransparency, and providing for public accessibility to NASA Federal advisory committeemeetings subject to GSA FACA regulations and guidelines, the Freedom of InformationAct, specific exemptions of the Government in the Sunshine Act, 5 U.S.C. 552b, secti

39、on504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, and NASA proceduralrequirements; Presidential memoranda; and Office of Science and Technology Policymemoranda; (4) Maintaining systematic information on the nature, functions, and operations of eachNASA Federal advisory committee to

40、 which the DFO is assigned; (5) Obtaining prior approval from the CMO and Office of the General Counsel for anyproposed preparatory, fact-finding, and administrative non-public (non-FACA) advisorycommittee meetings in accordance with GSA FACA regulations and guidelines and forany proposed advisory c

41、ommittee meetings to be closed to the public in accordance withthe Government in the Sunshine Act, 5 U.S.C. 552b; (6) Providing a written determination stating the reasons for convening any non-public(non-FACA) preparatory, fact-finding, or administrative advisory committee meeting inaccordance with

42、 GSA FACA regulations and guidelines; (7) Providing a written determination stating the reasons for closing any advisorycommittee meeting to the public, in whole or in part, in accordance with specificexemptions of the Government in the Sunshine Act, and making the determinationavailable to the publ

43、ic upon request; (8) Ensuring that detailed minutes of the advisory committee meetings are kept; and (9) Providing required summary information on the advisory committee electronically to theCMO as part of NASAs annual report filing to the GSA Committee ManagementSecretariat, known as the GSA Annual

44、 Comprehensive Review (i.e., the FACA Database),in accordance with GSA FACA regulations and guidelines. d. All NASA employees are responsible for coordinating with the Office of International andInteragency Relations and Office of the General Counsel in advance of establishment ofany advisory commit

45、tees, working groups, task forces, or teams that involve at least onenon-Federal employee as a member. 6. DELEGATION OF AUTHORITY The NASA Administrator may delegate all responsibilities listed in paragraph 5, above,except the establishment, renewal, reestablishment, and termination of NASA Federala

46、dvisory committees subject to FACA and the approval of NASA Federal advisoryNPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 4 of 5 NPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 4 of 5 Provided by IHSNot for ResaleN

47、o reproduction or networking permitted without license from IHS-,-,-committee charters. These functions may be delegated, but only to the DeputyAdministrator. 7. MEASUREMENT/VERIFICATION None. 8. CANCELLATION NPD 1150.11, Federal Advisory Committee Act (FACA) Committees, dated September 22,2004, to

48、correct directives number. /s/ Charlie F. BoldenAdministratorATTACHMENT A: (TEXT) None. (URL for Graphic) None DISTRIBUTION:NODIS This Document Is Uncontrolled When Printed.Check the NASA Online Directives Information System (NODIS) Libraryto Verify that this is the correct version before use: http:

49、/nodis3.gsfc.nasa.govNPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 5 of 5 NPD 1150.11A - main Verify current version before use at:http:/nodis3.gsfc.nasa.gov/ Page 5 of 5 Provided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-