41 C.F.R. §§ 102-3.155

Current through May 31, 2024
Section 102-3.155 - How are advisory committee meetings closed to the public?

To close all or part of an advisory committee meeting, the DFO must:

(a)Obtain prior approval. Submit a request to the agency head, or in the case of an independent Presidential advisory committee, the Secretariat, citing the specific exemption(s) of the Government in the Sunshine Act, 5 U.S.C. 552b(c) , that justifies the closure. The request must provide the agency head or the Secretariat sufficient time (generally 30 calendar days) to review the matter in order to make a determination before publication of the meeting notice required by § 102-3.150;
(b)Seek General Counsel review. The Office of the General Counsel (or equivalent legal office) of the agency or, in the case of an independent Presidential advisory committee, GSA's Office of the General Counsel, should review all requests to close meetings;
(c)Obtain agency determination. If the agency head, or in the case of an independent Presidential advisory committee, GSA, finds that the request is consistent with the provisions of the Government in the Sunshine Act and FACA, the appropriate agency official must issue a determination that all or part of the meeting will be closed; and
(d)Assure public access to determination. The agency head or the chairperson of an independent Presidential advisory committee must make a copy of the determination available to the public upon request.

41 C.F.R. §§102-3.155

89 FR 27679 5/20/2024