Advisory committee termination rules

An advisory committee's charter must terminate not later than 2 years after it has been filed unless it is renewed. See 1912.12(a) and the general 1912 framework.

• Renewal is possible but each renewal period may be for not more than 2 years.
• The renewal procedure is the same as that specified in paragraph (b) of 1912.12.

Each renewal period for an advisory committee's charter may be for not more than 2 years. See 1912.12(a).

• Renewals may be repeated, but no single renewal can exceed two years.

The Assistant Secretary must determine that renewal is necessary and inform the Department of Labor's Committee Management Officer, and the OMB Secretariat must be informed and concur before a new charter is filed and a notice published in the Federal Register. See 1912.12(b).

• The determination by the Assistant Secretary must be made not more than 60 days before the scheduled termination date.
• If the OMB Secretariat concurs, a new charter is filed and a renewal notice is published in the Federal Register.

The Assistant Secretary must make the determination that renewal is necessary and must inform the Department of Labor's Committee Management Officer; the OMB Secretariat must also be informed. See 1912.12(b).

• The OMB Secretariat must concur for the renewal process to proceed to filing a new charter and publishing a notice.

The Assistant Secretary's written determination must be made not more than 60 days before the scheduled date of termination. See 1912.12(b).

• This timing ensures the Department and the OMB Secretariat receive the determination close to the termination date.

When the OMB Secretariat concurs with the Assistant Secretary's determination, a new charter must be filed renewing the advisory committee and a notice of the renewal must be published in the Federal Register. See 1912.12(b).

• Filing the new charter is the formal step that extends the committee's life.
• Publication in the Federal Register provides public notice of that renewal.

No—unless the Assistant Secretary provides otherwise, a subgroup's duration cannot be longer than that of the parent committee. See 1912.12(c).

• The Assistant Secretary has authority to make an exception and allow a subgroup to continue longer if specifically provided.

An advisory committee required to file a new charter may only prepare and file the charter before the date on which the charter is filed; it may not take any other action. See 1912.12(d).

• That means no meetings, decisions, or official committee activities may occur until the charter is formally filed.

No—except for preparing and filing the charter, an advisory committee may not take any action before the charter filing date. See 1912.12(d).

• Preparing paperwork is allowed; conducting committee business or official meetings is not permitted until the charter is filed.

The renewal procedure is set out in 1912.12(b); paragraph (a) expressly states that renewals follow the same procedure as described in paragraph (b). See 1912.12(a).

• Paragraph (b) details required determinations, notifications, OMB concurrence, and Federal Register notice.

The regulation requires OMB Secretariat concurrence before a new charter is filed; if the OMB Secretariat does not concur, a new charter would not be filed under the procedure described. See 1912.12(b).

• The standard ties renewal to OMB concurrence; it does not describe alternative steps in the absence of concurrence.

No—those advisory committees would terminate by January 5, 1975 unless they were renewed before that date following the procedure in paragraph (b). See 1912.12(b).

• Renewal required an Assistant Secretary determination, notification to the Department's Committee Management Officer, and OMB concurrence before a new charter could be filed and notice published.

Yes—an advisory committee can be renewed for successive periods, but each renewal period may be for not more than 2 years. See 1912.12(a).

• Each renewal must follow the renewal procedure described in 1912.12(b).

The regulation specifies the Assistant Secretary must inform the Department of Labor's Committee Management Officer and the OMB Secretariat must be informed and must concur for renewal to proceed. See 1912.12(b).

• The Department of Labor's Committee Management Officer is explicitly named as a recipient of the Assistant Secretary's determination.
• The OMB Secretariat's concurrence is required before filing a new charter and publishing the Federal Register notice.