74803

84TH CONGRESS)
2d Session

HOUSE OF REPRESENTATIVES

REPLIES FROM EXECUTIVE DEPARTMENTS AND

FEDERAL AGENCIES TO INQUIRY REGARDING
USE OF ADVISORY COMMITTEES
(January 1, 1953, to January 1, 1956)

Printed for the use of the Committee on Government Operations

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON: 1956

CLARE E. HOFFMAN, Michigan, Ex Officio

ELMER W. HENDERSON, Counsel

ORVILLE J. MONTGOMERY, Attorney, General Accounting Office

[ERRATA SHEET]

(Attachment A of letter from Hon. True D. Morse, Acting Secretary of Agriculture, to Hon. William L. Dawson, January 30, 1956)

The following are uniform statements involving Department policy applicable in many instances to item 4, and in all instances to items 14 and 15.

4. Statutory authority for creation of committee.

It is believed that the authorities or directives contained in the basic statutes governing the work of the agencies of the Department for which the particular advisory committee was created, necessitate obtaining by the Department of opinions and advice from interested or affected members of the public. The use of an advisory committee is an orderly manner in which to obtain this assistance, and therefore we deem the authority to utilize such advisory groups as implicit in each instance where a committee is established to carry out the program. 14. Are the minutes of meetings available for public inspection? If not, cite statutory authority for restricing access to such minutes.

The minutes of the meetings of advisory committees of the Department are considered of limited availability and are not made available for general public inspection under provisions of 1 AR 535d, on the ground, as stated in such regulations, that the release of such records will jeopardize future Government access to information. There is also at times the possibility that information in the minutes might have an undue effect upon market prices for agricultural commodities. The minutes are deemed generally to be available under circumstances as will not jeopardize such future access to information or will not cause unwarranted fluctuations in commodity markets, such as to investigative units of the executive branch (GAO, FBI, etc.), and to interested congressional investigating committees, often on a confidential basis. An exception to the general rule allowing disclosure is the minutes of the National Agricultural Advisory Commission. That group is appointed directly by the President pursuant to Executive Order 10472, July 20, 1953 (5 U. S. C. 511, 1952 ed., supp. 11). The Commission's stated function is to advise the Secretary of Agriculture relative to farm programs. However, the Secretary, in turn, frequently discusses the Commission's recommendations with the President. Not only does this Commission's function thus directly involve the President, but equally important even limited release of its deliberations might spur destructive speculation on varied commodity markets and thus disrupt that orderly operation the Congress has directed the Federal Government to insure. (See e. g. 7 U. S. C. 602.) For these reasons the Commission's deliberations, ever since its beginning some 21⁄2 years ago have been deemed privileged from disclosure. And these reasons, we have concluded constitute "good cause" for non-disclosure within 5 U. S. C. 1002 (c), and serve as the rationale for our regulation in this regard pursuant to 5 U. S. C. 22.

15. What publicity is given the meetings of the committee and who is responsible for giving out such publicity?

The Department maintains an open-door policy with respect to information on meetings of advisory committees. Its application must necessarily vary according to the specific committee and the subject matter with which it deals. The public interest, especially markets for agricultural commodities, must be protected. The general policy is to hold briefing sessions for the press on the background of items on the agenda, and when conclusions are firmed up, press releases or reports are usually available. The Department works with the press to provide such appropriate additional information as may be requested.

The responsibility for releases rests with the chairman of the advisory committee working with the heads of agencies concerned and with the Department's Office of Information.