DRAFT GUIDELINES IMPLEMENTING SECTION 11 OF THE FEDERAL ADVISORY COMMITTEE ACT, P.L. 92-463

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP75B00380R000400110044-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 4
• Document Creation Date: December 19, 2016
• Document Release Date: August 7, 2006
• Sequence Number: 44
• Publication Date: May 14, 1973
• Content Type: MF

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EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET \ //V S 3 f/ U
May 14, 1973
R-&-73-06-T-&
MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
Subject: Draft guidelines implementing section 11 of the
Federal Advisory Committee Act, P.L. 92-463
Draft guidelines implementing section 11 of the Federal Ad-
visory Committee Act, P.L. 92-463, are attached. Pending
final issuance, these guidelines will serve as interim agency
instructions. Comments should be submitted, in duplicate,
to both the Office of Management and Budget, Attention: Com-
mittee Management Secretariat, and to the Office of Legal
Counsel, Department of Justice, no later than June 15, 1973.
Questions concerning these guidelines should be addressed to
the Secretariat.
Roy L. Ash
Director
MORI?CDF Pages
1 3.
ON FILE OMB
RELEASE
INSTRUCTIONS APPLY
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GUIDELINES FOR SECTION ll'OF P.L. 92-463
This section provides that copies of transcripts of
agency proceedings or advisory committee meetings shall be
made available to any person at actual cost of duplication.
Section 11 does not impose a requirement that transcripts be
made of agency proceedings or advisory committee meetings.
Section 11 relates to the.availability of transcripts which
are prepared as a result of other requirements. Under A 10(b)
of the Federal Advisory Committee Act, the availability of
transcripts of advisory committee meetings is subject to the
provisions of the Freedom of Information Act, 5 U.S.C. 552(b),.
A distinction should be made between the cost of tran-
scription services and the cost of making copies of the
transcript. The former is to be borne by the Government and
not passed on to participants in the proceeding or other
interested persons. In pricing the copies of transcripts,
"actual cost of duplication" should be understood to mean
the price that would be paid to a commercial duplicating
firm in a competitive market. This amount may therefore
include overhead and profit.
Each agency should assure that transcripts are made
available, within a reasonable time of the proceeding or
meeting. Regarding agency proceedings, the determination of
timing (rush, daily, ordinary, etc.) should be based upon
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the agency's needs and also the reasonable needs of parties.
Consideration should be given to the requirements of a fair
hearing and the nature of the proceeding.
Contractual provisions should be used whereby parties or
other persons, upon advance request, may obtain copies of
transcripts on a basis that will meet reasonable time require-
ments imposed by the proceedings. There may be situations in
which a private party wishes to have a transcript even sooner
than that deemed reasonable by the agency. Although the agency
has no responsibility to provide such earlier copy, it may wish
to provide a mechanism by which the private party may pay the
extra expense entailed for such copy (i.e., the incremental
cost resulting from the expedited delivery). The agency should
thereafter, assure that copies can be obtained at actual cost
of duplication by any person within a reasonable time.
Section 11 does not preclude agency activities in handling
indigent cases.
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