Federal Advisory Committee Act P.L. 92-463, Oct 6, 1972

FACA Briefing for HSRP Members

February 25, 2014

Rear Admiral Gerd F. GlangHSRP, Designated Federal Official

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FACA

• FACA was designed to fulfill two basic purposes:– To Enhance Public Accountability of Advisory Committees. To control the

undue influence of special interests by balancing committee membership, and to ensure maximization of public access to committee deliberations.

– To Reduce Wasteful Expenditures on Advisory Committees. To improve the overall management of committee activities by establishing a set of management controls. These controls were designed to, among other objectives:• Monitor Federal advisory committee costs;

• Identify and eliminate unproductive and/or unnecessary committees; and

• Provide for an annual report of committee activities and accomplishments to the Congress.

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HSRP FACA

• The Hydrographic Services Review Panel (HSRP), was established by the Hydrographic Services Improvement Act (HSIA) Amendments of 2002 (PL 107-372).

• HSRP is a statutory committee.

• HSRP is governed by FACA regulations.

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HSRP Purpose

• The HSRP is charged with advising the NOAA Administrator on matters related to the responsibilities and authorities set forth in Section 303 of the HSIA, as amended, and such other appropriate matters as the NOAA Administrator refers to the HSRP for review and advice.

Those responsibilities and authorities include:

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HSRP Meetings

• HSRP meetings are public meetings and are required by statute to be held at least twice a year.

• FACA regulations state that advisory committees must document discussions and deliberations and make detailed meeting minutes available for public access.

• HSRP meeting minutes (and other information) are posted on the HSRP website shortly after each meeting event.

• Members of the public have access to all portions of HSRP meeting discussions and deliberations.

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Voting Membership

• HSRP Panel membership consists of 15 voting members, who are special government employees (SGE).

• An SGE’s service may not exceed 130 days during any period of 365 consecutive days.

• SGE members are subject to Federal conflict of interest laws, agency standard of conduct regulations, and annual financial disclosure requirements.

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Non-voting Membership

There are 4 non-voting HSRP members: Andy Armstrong and Larry Mayer

- Co-Directors of the Joint Hydrographic Center

Juliana Blackwell

- Director of the National Geodetic Survey

Rich Edwing

- Director of the Center for Operational Oceanographic Products and Services

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FACs and Lobbyists

• Registered lobbyists are NOT eligible to serve on any federal advisory committee.

• On an annual basis, each HSRP member must certify that they are not a registered lobbyist. This info is submitted with yearly financial disclosure documentation.

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Member Responsibilities

• HSRP members attend and actively participate in all meetings, whether in person or by teleconference.

• Come to meetings prepared:

– Read briefing materials in advance; and

– Prepare questions or points of interest in advance.

• Actively serve on subcommittees/working groups established by the NOAA Administrator.

• Provide specific, timely, and actionable advice and/or recommendations that are based on independent judgment.

• Keep the purpose of the HSRP in focus.

• Be aware of your role, and your independent judgment based on your expertise.

• Members of the Panel DO NOT represent their organizations or employers.

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Restrictions on Members’ Activities

• HSRP members may NOT use their access to the Federal government as a member of an advisory committee to solicit business or otherwise seek economic advantage for themselves or their companies.

• Members may NOT represent themselves as members of a NOAA advisory committee on business or personal cards or letterhead.

• Members may NOT use any non-public information obtained in the course of their duties as an HSRP member for personal gain or for that of the company or employer.

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Restrictions on Members’ Activities (cont.)

• HSRP members must hold any non-public information in confidence.

• The HSRP as a whole may advise the agency on legislation or recommend legislative action.

• However…

– In their official capacities as members of a committee, individual members may NOT petition or lobby Congress for or against particular legislation or encourage others to do so.

– Members of committees are advisors to NOAA and have NO authority to speak for the committee, the agency, or for the U.S. Department of Commerce outside of the committee structure.

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Restrictions on Members’ Activities (cont.)

• HSRP members may NOT testify before Congress in their capacity as a member of the HSRP advisory committee. If requested to testify before Congress, HSRP members:

– Cannot represent or speak for the committee, NOAA, the U.S. Department of Commerce, or the Administration in their testimony.

– Cannot provide information or comment on committee recommendations that are not yet publicly available.

– May state that they are a member of the committee.

– May speak to the personal observations as to their service on the committee.

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Contact Information

Rear Admiral Gerd F. Glang

Director, Office of Coast Survey

HSRP Designated Federal Official

NOAA, Office of Coast Survey

SSMC3, Room 6147

1315 East West Highway

Silver Spring, MD 20910

Tel: (301) 713-2770 x134

Email: Gerd.Glang@noaa.gov

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