Page images
PDF
EPUB

search, development work, or both, (3) to supervise, direct, coordinate, or review Government financed or conducted research, development work, or both, or (4) to act in a liaison capacity among governmental or nongovernmental agencies or individuals engaged in such work, falls within the provisions of paragraph (a) of this section, and it shall be presumed that any invention made by any other employee falls within the provisions of paragraph (b) of this section. Either presumption may be rebutted by a showing of the facts and circumstances and shall not preclude a determination that these facts and circumstances justify leaving the entire right, title and interest in and to the invention in the Government employee, subject to law.

(d) In any case wherein the Government neither (1) obtains the entire domestic right, title and interest in and to an invention pursuant to the provisions of paragraph (a) of this section, nor (2) reserves a nonexclusive, irrevocable, royalty-free license in the invention, with power to grant licenses for all governmental purposes, pursuant to the provisions of paragraph (b) of this section, the Government shall leave the entire right, title and interest in and to the invention in the Government employee, subject to law.

87.4 Option to acquire foreign rights.

In any case where it is determined that all domestic rights should be assigned to the Government, it shall further be determined, pursuant to Executive Order 9865 and Governmentwide regulations issued thereunder, that the Government shall reserve an option to require the assignment of such rights in all or in any specified foreign countries. In case where the inventor is not required to assign the patent rights in any foreign country or countries to the Government or the Government fails to exercise its option within such period of time as may be provided by regulations issued by the Commissioner of Patents, any application for a patent which may be filed in such country or countries by the inventor or his assignee shall nevertheless be subject to a nonexclusive, irrevocable, royalty-free license to the Government for all governmental pur

poses, including the power to issue sublicenses for use in behalf of the Government and/or in furtherance of the foreign policies of the Government.

87.7 Notice to employee of determination.

The employee-inventor shall be notified in writing of the Department's determination of the rights to his invention and of his right of appeal, if any. Notice need not be given if the employee stated in writing that he would agree to the determination of ownership which was in fact made.

§ 7.8 Employee's right of appeal.

An employee who is aggrieved by a determination of the Department may appeal to the Commissioner of Patents, pursuant to section 4(d) of Executive Order 10096, as amended by Executive Order 10930, and regulations issued thereunder, by filing a written appeal with the Commissioner, in duplicate, and a copy of the appeal with the Secretary within 30 days (or such longer period as the Commissioner may, for good cause, fix in any case) after receiving written notice of such determination.

[blocks in formation]

Sec.

11.13 When can an advisory committee meet or take action?

Subpart C-What Are the General Requirements for Committee and Subcommittee Membership?

11.20 Who may be a member of a committee or subcommittee?

11.21 What action may be taken by a subcommittee?

Subpart D-How Does an Advisory Committee Operate?

11.30 What meeting requirements affect advisory committees?

11.31 What is a quorum?

11.32 What special provisions govern the voting rights of certain committee members?

11.33 What notice is required for advisory committee and subcommittee meetings? 11.34 What public participation is allowed at advisory committee meetings? 11.35 What are the requirements for closing a meeting?

11.36 What special procedures may be used for emergency advisory committee meetings?

11.37 How is the agenda established and distributed?

11.38 What records are kept of advisory committee meetings?

11.39 What reports are made by advisory committees?

11.40 What records must an advisory committee make available to the public? AUTHORITY: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq, unless otherwise noted.

SOURCE: 52 FR 25152, July 2, 1987, unless otherwise noted.

Subpart A-General

§ 11.1 What is the purpose of these regulations?

The regulations in this part: (a) Implement the Federal Advisory Committee Act, as amended; and

(b) Provide guidance for advisory committees that are governed by Part D of the General Education Provisions Act, as amended.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

§ 11.2 What committees are governed by these regulations?

(a) The regulations in this part apply to all advisory committees and their subcommittees providing advice

to the Secretary or any other official of the Department. These regulations do not apply to any entity governed by the Government in the Sunshine Act.

(b) The functions of an advisory committee are to be solely advisory. If a group provides advice to the Department, but the group's advisory function is incidental to and inseparable from other (e.g., operational) functions, these regulations do not apply. However, if the advisory function is separable, the group is subject to these regulations to the extent that the group operates as an advisory committee.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

§ 11.3 What definitions apply to these regulations?

(a) Definitions in EDGAR. The following terms used in this part are defined in 34 CFR 77.1: Department

ED

EDGAR GEPA Secretary

(b) Definitions that apply to this part. That following definitions also apply to this part:

"Administrator" means Administrator of the General Services Administration.

"Advisory Committee" or "Committee," subject to the factors and exclusions described in §§ 11.4 and 11.5, means any committee, board, commission, council, conference, panel, task force, or other similar group, or any subcommittee or other subgroup thereof, which is established by statute or reorganization plan, or established or utilized by the Secretary in the interest of obtaining advice or recommendations for the President or one or more agencies or officers of the Federal Government.

"Committee Management Officer" or "CMO" is the ED employee designated as required by Section 8 of FACA.

"Committee Member" means an individual who serves by appointment on an advisory committee and, except as otherwise limited by statute or the terms under which the committee is

established, has the full right and obligation to participate in the activities of the committee, including voting rights.

"Designated Federal Official (DFO)" means the ED employee designated for each committee who performs duties under sections 10 (e) and (f) of FACA. The DFO is an employee who holds a full-time permanent position in the Department and may be assigned other administrative duties in connection with the committee.

"Executive Director" means the person who has that title and is responsible for overseeing the daily operation or staff or both of an advisory committee.

"FACA" means the Federal Advisory Committee Act, as amended, 5 U.S.C. Appendix 2.

"GEPA Presidential Advisory Committee" means a statutory advisory committee, governed by Part D of GEPA, the members of which are appointed by the President.

"GSA Committee Management Secretariat" is the office within the General Services Administration that administers FACA.

"Nonstatutory Advisory Committee" means an advisory committee established by the Secretary under section 442 of GEPA or by the President.

"OMB" means the Office of Management and Budget.

"Presidential Advisory Committee” as defined by FACA means an advisory committee which advises the President.

"Statutory Advisory Committee❞ means an advisory committee established by or pursuant to statute other than section 442 of GEPA.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

§ 11.4 What kind of group is an advisory committee?

Although no single factor is determinative in deciding whether a group is an advisory committee, the following factors are significant:

(a) Fixed membership, including at least one person who is not a full-time Federal employee.

(b) Establishment by a Federal official or law. If not Federally established, the initiative for its use as an

advisory body for the Federal Government comes from a Federal official rather than from a private group.

(c) A purpose of providing consensus advice regarding a particular subject or subjects.

(d) An organizational structure, e.g., officers and staff.

(e) Regular or periodic meetings. (Authority: 5 U.S.C. App. 2)

§ 11.5 What kind of group is excluded from these regulations?

Groups excluded from the effect of the regulations in this part include:

(a) Any committee which is composed wholly of full-time officers or employees of the Federal Government;

(b) Any committee which is exclusively operational in nature (e.g., has functions which include making or implementing decisions, as opposed to the offering of advice or recommendations);

(c) Any local civic group whose primary function is that of rendering a public service with respect to a Federal program;

(d) Any State or local committee or similar group established to advise State or local officials or agencies; and (e) Any body governed by the Government in the Sunshine Act, 5 U.S.C. 552b.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.; 5 U.S.C. 552b)

Subpart B-What are the Procedures for the Establishment or Renewal of an Advisory Committee?

§ 11.10 How does the Secretary establish or renew an advisory committee? (a) To establish or renew a non-statutory advisory committee, the Secretary:

(1) Determines that the committee is essential to the conduct of ED business and in the public interest and that its functions cannot otherwise be performed effectively within the Department or by an existing advisory committee;

(2) Consults with the Administrator; (3) After the consultation, publishes a notice in the FEDERAL REGISTER at

least 15 days before filing a charter for the advisory committee; and

(4) Files a charter.

(b) To establish or renew a statutory advisory committee, the Secretary:

(1) Notifies the GSA Committee Management Secretariat that the advisory committee is established or renewed pursuant to its enabling legislation; and

(2) Files a charter.

(Authority: 5 U.S.C. App. 2; 20 U.S.C 1233a)

§ 11.11 When is an advisory committee renewed?

(a) Except for an advisory committee established under section 442 of GEPA, the Secretary makes a renewal determination not more than 60 days before the scheduled date of termination of an advisory committee.

(b) A nonstatutory advisory committee established under section 442 of GEPA terminates not later than one year from the date of its creation, unless the Secretary determines in writing not more than 30 days prior to the expiration of the one-year period that renewal for a period not to exceed one year is necessary to complete the recommendations or reports for which it was established.

(c) For an advisory committee authorized by Congress for more than two years, the Secretary recharters the committee at the end of each twoyear period.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233a)

§ 11.12 How is an advisory committee chartered?

(a) An advisory committee charter must contain in a format approved by the Secretary:

(1) The committee's official designation;

(2) The committee's objectives and the scope of its activity;

(3) The period of time necessary for the committee to carry out its purpose;

(4) The official to whom the committee reports;

(5) The official responsible for providing the necessary support for the committee;

(6) A description of the duties for which the committee is responsible, in

cluding the specific authority for any non-advisory functions;

(7) The estimated annual operating costs in dollars and person-years for the committee;

(8) The estimated number and frequency of committee meetings; (9) The committee's termination date;

(10) The date the charter is approved by the Secretary; and

(11) The filing date.

(b) The Committee Management Officer includes information concerning a subcommittee in the charter of the parent committee if this information is known at the time of establishment or renewal. This information includes: (1) The subcommittee's name;

(2) A brief description of the functions of the subcommittee; and

(3) The frequency of meetings.

(c) If an advisory committee is being established or renewed and the functions of a subcommittee are not known at the time of establishment or renewal, the Committee Management Officer includes in the charter of the parent committee general language authorizing the parent committee to appoint subcommittees.

(d) The Committee Management Officer files the charter with the appropriate standing committees of the Senate and House of Representatives, and the Library of Congress. A copy is also filed with the GSA Committee Management Secretariat.

(Authority: 5 U.S.C. App. 2)

§ 11.13 When can an advisory committee meet or take action?

An advisory committee must be properly established or renewed, and chartered, as provided in §§11.10, 11.11 and 11.12, before it can meet or take any action.

(Authority: 5 U.S.C. App. 2)

Subpart C-What are the General Requirements for Committee and Subcommittee Membership?

§ 11.20 Who may be a member of a committee or subcommittee?

(a) In the selection of committee and subcommittee members, there must be

no discrimination on the basis of race, national origin, religion, creed, age, sex, or handicap.

(b) All members of a subcommittee must be drawn from the parent committee unless expressly allowed by statute.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

§ 11.21 What action may be taken by a subcommittee?

(a) Subcommittees shall act under the policies that have been established by the parent committee and shall comply with the requirements of FACA and applicable Department regulations.

(b) Unless expressly authorized by charter or by the full committee in advance, all recommendations and findings of subcommittees must be presented to the parent committee for subsequent action.

(Authority: 5 U.S.C. App. 2)

Subpart D-How Does an Advisory Committee Operate?

§ 11.30 What meeting requirements affect advisory committees?

(a) The DFO is not required to call, chair, attend or adjourn meetings of GEPA Presidential advisory committees. Meetings may be held and conducted without the DFO being present. The DFO does not approve the agenda for these meetings.

(b)(1) For Presidential advisory committees not governed by the provisions of GEPA, the DFO is required to:

(i) Call or approve meetings in advance; and

(ii) Chair or attend these meetings. (2) The DFO is authorized, whenever he or she determines it to be in the public interest, to adjourn any meeting.

(3) Meetings may not be conducted in the absence of the DFO.

(4) The DFO does not approve the agenda for these meetings.

(c)(1) For committees other than those covered by paragraph (a) or (b) of this section, the DFO is required to: (i) Call or approve meetings in advance; and

(ii) Chair or attend these meetings.

(2) The DFO is authorized, whenever he or she determines it to be in the public interest, to adjourn these meetings.

(3) Meetings may not be conducted in the absence of the DFO.

(4) The DFO approves the agenda for these meetings.

(Authority: 5 U.S.C. App. 2; 20 U.S.C. 1233 et seq.)

§ 11.31 What is a quorum?

(a) An advisory committee shall not hold a meeting and take any action on its deliberations without a quorum. Unless otherwise required by statute or provided in a committee's charter, a quorum consists of the majority of the committee's authorized membership including ex officio members.

(b) For a subcommittee, a quorum is the majority of the authorized membership of the subcommittee.

(Authority: 5 U.S.C. App. 2)

§ 11.32 What special provisions govern the voting rights of certain committee members?

(a) An ex officio committee member or a committee member who is a fulltime Federal employee may delegate his or her committee duties, including voting rights. An advisory committee member who is not a Federal employee may not delegate his or her duties, including voting rights, unless a delegation is explicitly permitted by legis lation establishing the committee.

(b) Unless provided in the legislation or charter governing a committee, ex officio members of committees must have full voting rights.

(Authority: 5 U.S.C. App. 2)

§ 11.33 What notice is required for advisory committee and subcommittee meetings?

(a)(1) Unless the Administrator determines otherwise for reasons of national security, or except as otherwise provided in the regulations in this part, notice of each advisory committee or subcommittee meeting must be published in the FEDERAL REGISTER. This requirement applies even if all or a part of a meeting is closed to the public.

« PreviousContinue »