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OCR Page 1 of 3309/03/98
09:44
202 514 0563
OLC
5
001
U.S. DEPARTMENT OF JUSTICE
OFFICE OF LEGAL COUNSEL
WASHINGTON, D.C. 20530
FACSIMILE TRANSMISSION SHEET
DATE: SEPTEMBER 3 1998
OFFICE PHONE:
202/514-2027
FROM: ROSEMARY SENIOR COUNSEL HART
To:
MARY SMITH
OFFICE PHONE: 202/456-5571
DOMESTIC POLICY STAFF
FACSIMILE NUMBER: 456-7431
NUMBER OF PAGES: 1 + COVER
Mary: Suggested revisions attached. As I mentioned in my voice mail to you this morning,
the Federal Advisory Committee Act provides that "[e]ach advisory committee shall
terminate not later than the expiration of the two-year period beginning on the date of its
establishment unless in the case of an advisory committee established by the
President such advisory committee is renewed by the President prior to the end of such
period." 5 U.S.C. App, $ 14(a)(2). The FACA also provides that any advisory committee
renewed by the President "may be continued only for successive two-year periods." Id. at §
14(c). Because the advisory Board in question must terminate two years unless extended for 2
years by the President, it cannot be made permanent. Accordingly, the words "and may
permanent" must be removed from proposed section 2.
Similarly, terms of the Board members cannot run longer than two years. However,
we believe that the President may provide for the staggered terms that you propose as long as
it is clear that any term is subject to the Board being renewed as provided under the FACA.
Thus, we ask that you include the following sentence at the end of proposed section 3: "All
appointments are contingent upon renewal of the Board every two years pursuant to the
Federal Advisory Committee Act."