§ 7.2 Definitions.
The following definitions apply to this part:
Act means the Federal Advisory Committee Act, as amended, 5 U.S.C. chapter 10.
Administrator means the Administrator of General Services.
Advisory committee means any committee, board, commission, council, conference, panel, task force, or other similar group, which is established by statute, or established or utilized by the President or any agency official to obtain advice or recommendations for the President or on issues or policies that fall within the scope of agency responsibilities (codified at 5 U.S.C. 1001). Advisory committees are subject to the Act unless specifically exempted by the Act, or by other statutes, or not covered by this part. The following are examples of meetings or groups that the term “advisory committee” does not include:
(1) Any group composed wholly of full-time or permanent part-time officers or employees of the Federal Government;
(2) Any group specifically exempted from the Act by statute;
(3) Any local civic group whose primary function is that of rendering a public service with respect to a Federal program, or any groups established to advise State or local officials;
(4) Any committee established to perform primarily operational as opposed to primarily advisory functions specifically. Operational functions are those specifically authorized by statute or Presidential directive, such as making or implementing Government decisions or policy, as long as the group does not become primarily advisory in nature;
(5) Groups assembled where attendees provide individual advice to a Federal official(s);
(6) Meetings where individual rather than consensus advice is sought, such as roundtable discussions, workshops, townhall meetings, listening sessions, fact-finding meetings, meetings with an individual, or meetings with small groups of experts that do not involve regular meetings and collective recommendations;
(7) Committees or groups created by a non-Federal entity that is not managed or controlled by the executive branch;
(8) Any meeting of two or more advisory committee members convened solely to:
(i) Discuss administrative matters relating to the operation of their advisory committee;
(ii) Receive administrative information from a Federal employee;
(iii) Gather information or conduct research for a chartered advisory committee to analyze relevant issues and facts for their advisory committee; or
(iv) Draft proposed position papers for deliberation by their advisory committee;
(9) Any committee composed wholly of full-time or permanent part-time officers or employees of the Federal Government and elected officers of State, local, and Tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities, and exclusively discussing matters relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration (sec. 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), and Office of Management and Budget (OMB) Memorandum M-95-20, dated September 21, 1995);
(10) Any meeting of an NRC contractor, applicant, or licensee with an NRC employee to discuss specific matters involving the solicitation, issuance, or implementation of a contract or the Commission's effort to ensure compliance with its regulations;
(11) Any meeting of a subcommittee or other subgroup of an advisory committee where the subgroup's recommendations will be reviewed by its parent advisory committee, rather than provided directly to a Federal officer or agency or adopted without further deliberations by the parent advisory committee;
(12) Groups assembled to exchange facts or information with a Federal official(s);
(13) Public engagement that is required by statutes, including but not limited to: notice and comment rulemaking under the Administrative Procedure Act (5 U.S.C. 551-559), public meetings required under the National Environmental Policy Act (42 U.S.C. 4321), or public participation under the Resource Conservation and Recovery Act (42 U.S.C. 6974(b)), the Clean Water Act (33 U.S.C. 1251(e)), or the Safe Drinking Water Act (42 U.S.C. 300j-9) and the National Historic Preservation Act section 106 (54 U.S.C. 306108);
(14) Meetings with pre-existing non-governmental groups such as trade associations, advocacy groups, veterans organizations, environmental groups, or religious organizations where each group already has formulated views that it seeks to share with the Government; and,
(15) Meetings where the NRC is either providing its views to the private sector, or is assisting the private sector in developing guidance for itself.
Agency means an agency of the Government of the United States as defined in 5 U.S.C. 551(1).
Agency head means the head of an executive branch agency, department, or commission, or their designated delegate.
Chairperson means the advisory committee or subcommittee member who serves in this role on an advisory committee by statutory requirement or invitation by Presidential authority or by the NRC's authority.
Commission means the Nuclear Regulatory Commission of five members, or a quorum thereof, sitting as a body, as provided by section 201 of the Energy Reorganization Act of 1974, 42 U.S.C. 5841 (88 Stat. 1242).
Committee Management Officer (CMO) means the individual designated by the Chairman, pursuant to § 7.10(a), to supervise and control the establishment and management of NRC advisory committees, and to implement the provisions of section 8(b) of the Act (codified at 5 U.S.C. 1007(b)), and any delegated responsibilities of the Commission under the Act.
Committee Management Secretariat (Secretariat) means the organization established pursuant to section 7(a) of the Act (codified at 5 U.S.C. 1006(a)), which is responsible for all matters relating to advisory committees and carries out the responsibilities of the Administrator under the Act and Executive Order 12024.
Committee meeting means any gathering of advisory committee members (whether in person or electronically, such as using telecommunications or through a virtual platform), held with the approval of an agency, and with a Designated Federal Officer in attendance, for the purpose of deliberating on the matters upon which the advisory committee provides advice or recommendations.
Committee member means an individual who serves by appointment or invitation by the appointing authority on an advisory committee or subcommittee.
Committee staff means any Federal employee, private individual, or other party (whether under contract or not) who is not a committee member, and who serves in a support capacity to an advisory committee or subcommittee.
Designated Federal Officer (DFO) means an individual designated by the Chairman, pursuant to § 7.11(a), for which the Commission is responsible, to implement the provisions of sections 10(e) and (f) of the Act (codified at 5 U.S.C. 1009(e) and (f)) and any advisory committee procedures of the agency under the control and supervision of the CMO.
Discretionary advisory committee means any advisory committee that is established under the authority of an agency head or authorized by statute, and its establishment or termination is within the legal discretion of an agency head.
Non-discretionary advisory committee means any advisory committee either required by statute or Presidential directive, and its establishment or termination is beyond the legal discretion of an agency head.
NRC means the agency established by title II of the Energy Reorganization Act of 1974, 42 U.S.C. 5801 (88 Stat. 1233), and known as the Nuclear Regulatory Commission.
NRC Public Document Room means the Public Document Room maintained by the NRC at 11555 Rockville Pike, Rockville, Maryland 20852-2738.
Presidential advisory committee means an advisory committee authorized by the Congress or directed by the President to advise the President.
Subcommittee means a group that reports to an advisory committee, and not directly to a Federal officer or agency, whether or not its members are drawn in whole or in part from the parent advisory committee.
Utilized by means a committee over which the President or a Federal officer or agency exercises actual management or control of its operation, whether or not it was established by the Federal Government.