National Industrial Program Policy Advisory Committee (NISPPAC)
Bylaws (As amended in May 2007)
Article 1. Purpose
Article 2. Authority
Article 3. Membership
Article 4. Meetings
- Primary Membership
- Nominations
- Appointment
- Term of Membership
- Clearance
- Compensation
- Observers
Article 5. Voting
- General
- Quorum
- Open Meetings
- Closed Meetings
- Agenda
- Conduct of Meetings
- Minutes
- Public Comment
Article 6. Committee Officers and Responsibilities
- Voting Eligibility
- Voting Procedures
- Reporting of Votes
Article 7. Documents
- Chairman
- Designated Federal Officer
- Executive Secretary
- Committee Staff
Article 8. Committee Expenses and Cost Accounting
Article 9. Amendment of Charter and Bylaws
The purposes of the NISPPAC are to advise the Chairman on all matters concerning the policies of the National Industrial Security Program (NISP), including recommended changes to those policies; and to serve as a forum to discuss policy issues in dispute.
Executive Order 12829, "National Industrial Security Program," as amended, establishes the NISPPAC as an advisory committee acting through the Director, Information Security Oversight Office, who serves as the Chairman of the Committee, and who is responsible for implementing and monitoring the NISP, developing directives implementing E.O. 12829, as amended, reviewing agency implementing regulations, and overseeing agency and industry compliance. The framework for the Committee's membership, operations, and administration is set for in the Order. The NISPPAC is subject to the Federal Advisory Committee Act (FACA), the Freedom of Information Act (FOIA), and the Government in the Sunshine Act (GISA).
- Primary Membership.
Executive Order 12829, as amended, conveys to the Chairman of the NISPPAC the authority to appoint all members. The Committee's total membership of 24 voting members shall be comprised of 16 representatives from executive branch agencies (including the Chairman) and eight representatives from industry. The Chairman shall also appoint the Staff Director of the Security Policy Board as a member of the NISPPAC, but that representative shall have non-voting status, and such membership shall not affect other numerical requirements in these bylaws including quorums and votes. At least one industry member shall be representative of small business concerns, and at least one shall be representative of Department of Energy/Nuclear Regulatory Commission contractors or licensees. An industry member serves as a representative of industry, not as a representative of his or her employing company or corporation. For purposes of federal ethics law, the non-federal members of the NISPPAC have been determined to be "representatives" rather than "special government employees." - Nominations. The Chairman will solicit and accept nominations for Committee membership: (1) for representatives of the respective agencies, from the agency head; and (2) for representatives of industry, from the governing boards of professional, trade and other organizations whose membership is substantially comprised of employees of business concerns involved with classified contracts, licenses, or grants. Although an industry representative does not represent his or her employing company, the Chairman will solicit the approval of the Chief Executive Officer of that company to allow the nominated individual to serve on the NISPPAC.
- Appointment. The Chairman shall appoint all Committee members. Membership includes the responsibility of the member to attend NISPPAC meetings personally as often as possible. However, a member may select one or more alternates who may, with the advance written approval of the Chairman, serve for the member at meetings of the Committee when the member is unable to attend. An alternate so selected shall have all rights and authorities of the appointed member. When a member selects a previously approved alternate to attend any Committee meeting, the Chairman will be notified as soon as possible in advance of that meetings.
- Term of Membership. The term of membership for Government representatives shall be three years, with the terms of initial members ending on September 30, 1996. When renominated by the head of his or her agency, a representative of a Government agency may be selected to serve successive three-year terms. Commencing in fiscal year 1998, the term of membership for industry representatives shall be four years. The terms of industry representatives shall be staggered so that the terms of two industry representatives are completed at the end of each fiscal year. The terms of the industry representatives serving in fiscal year 1998 shall be adjusted so that they permit the establishment of staggered four-year terms. Industry representatives may not serve successive terms. When a Government or industry member is unable to serve his or her full term, or when, in view of the Chairman, a member has failed to meet his or her commitment to the NISPPAC, a replacement shall be selected in the same manner to complete the unexpired portion of that member's term. Each representative's term of membership shall be conveyed by letter from the Chairman.
- Clearance. Members and alternates must possess a current security clearance at the Secret level or above, and clearance certification shall be provided to the Chairman by the employing agency or company.
- Compensation. Federal Government employees serving on the Committee are not eligible for any form of compensation. The Government will pay travel and per diem for industry members at a rate equivalent to that allowable to Federal Government employees. Industry members will submit travel vouchers to the Executive Secretary within 15 days after each meeting.
- Observers. Any NISP participating organization (industry or Government) may send observers to attend meetings of the Committee. Such observers will have no voting authority and will be subject to the same restrictions on oral presentation, as would any member of the public. As determined by the Chairman, observers may be permitted to attend closed meetings. Industry observers will not receive travel or per diem compensation.
- General. The NISPPAC will meet at least twice each calendar
year as called by the Chairman. As the situation permits, the Executive Secretary
will canvass the membership in advance of the scheduling of meetings in order
to facilitate attendance by the largest number of members. The Chairman will
also call a meeting when so requested by a majority of the 16 Government members,
and a majority of the eight industry members. The Chairman will set the time
and place for meetings and will publish notice in the Federal Register at
least five calendar days prior to each meeting.
- Quorum. NISPPAC meetings will be held only when a quorum
is present. For this purpose, a quorum is defined as a simple majority of
the 16 Government members or alternates and a simple majority of the eight
industry members or alternates.
- Open Meetings. Unless otherwise determined in advance,
all meetings of the NISPPAC will be open to the public. Once an open meeting
has begun, it shall not be closed for any reason. All matters brought before
or presented to the Committee during the conduct of an open meeting, including
the minutes of the proceedings of an open meeting, shall be available to the
public for review or copying.
- Closed Meetings. Meetings of the NISPPAC will be closed
only in limited circumstances and in accordance with applicable law. When
the Chairman has determined in advance that discussions during a Committee
meeting will involve matters about which public disclosure would be harmful
to the interests of the Government, industry, or others, an advance notice
of a closed meeting, citing the applicable exemptions of the GISA, will be
published in the Federal Register. The notice may announce the closing of
all or just part of a meeting. If, during the course of an open meeting, matters
inappropriate for public disclosure arise during discussions, the Chairman
will order such discussion to cease, and shall schedule it for closed session.
Notices of closed meetings will be published in the Federal Register at least
15 calendar days in advance.
- Agenda. The Chairman shall approve the agenda for all meetings.
The Chairman will distribute the agenda to the members prior to each meeting
and will publish an outline of the agenda with the notice of the meeting in
the Federal Register. Items for the agenda may be submitted to the Chairman
by any regular member or alternate member of the Committee. Items may also
be suggested by non-members, including members of the public. To the extent
possible, all written recommendations for NISP or NISPOM policy changes, whether
or not they are placed on the agenda, will be provided to the Committee membership
prior to the start of any scheduled meeting. The Chairman will advise the
party making the recommendation what action was taken or is pending as a result
of the recommendation.
- Conduct of Meetings. Meetings will be called to order by
the Chairman, following which the Chairman or Executive Secretary will call
the roll or otherwise take attendance and read or reference the minutes of
the previous meeting. At that time the minutes will be corrected, as necessary,
and approved by the membership and certified by the Chairman. The Chairman
will then make announcements, ask for reports from subgroups or individual
members (as previously arranged), open discussion of unfinished business,
introduce new business, and invite membership comment on that business. Public
oral comment may be invited at any time during the meeting, but most likely
at the meeting's end, unless the meeting notice advised that written comment
was to be accepted in lieu of oral comment. Upon completion of the Committee's
business, as agreed upon by the members present, the meeting will be adjourned
by the Chairman.
- Minutes. The Committee's Executive Secretary shall prepare
minutes of each meeting and will distribute copies to each Committee member.
Minutes of open meetings will available to the public upon request.The minutes
will include a record of the persons present (including the names of committee
members, names of staff, and the names of members of the public from whom
written or oral presentations were made) and a complete and accurate description
of the matters discussed and conclusions reached, and copies of all reports
received, issued or approved by the Committee.
- Public Comment. Members of the public may attend any meeting
or portion of a meetings that is not closed to the public, and may at the
determination of the Chairman, offer public comment during a meeting. The
meeting announcement published in the Federal Register will note that oral
comment from the public is excluded and will invite written comment as an
alternative. Members of the public may submit written statements to the Committee
at any time.
When a decision or recommendation of the NISPPAC is required, the Chairman shall request a motion for a vote. Any member or approved alternate of the NISPPAC, including the Chairman, may make a motion for a vote. No second after a proper motion shall be required to bring any issue to a vote.
- Voting Eligibility. Only the Chairman and the appointed members, or their designated alternates may vote on an issue before the Committee.
- Voting Procedures. Votes shall ordinarily be taken and tabulated by a show of hands. Upon a motion approved by two-thirds of the members present, a vote by secret ballot may be taken. However, each ballot must indicate whether the vote is from and industry or Government representative.
- Reporting of Votes. The Chairman will report to the President, Executive Agent of the NISP, or other Government officials the results of Committee voting that pertain to the responsibilities of that official. In reporting or using the results of NISPPAC voting, the following terms shall apply: (1) Unanimous Decision. Results when every voting member, except abstentions, is in favor of or opposed to a particular motion; (2) Government and Industry Consensus. Results when two-thirds of those voting, including two-thirds of all Government members and two-thirds of all industry members, are in favor of or are opposed to a particular motion; (3) General Consensus. Results when two-thirds of the total vote casted are in favor of or are opposed to a particular motion; (4) Government and Industry Majority. Results when the majority of the votes casted, including a majority of all Government members and a majority of all industry members, are in favor of or are opposed to a particular motion; (5) General Majority. Results when a majority of the total votes cast are in favor of or are opposed to a particular motion.
Article 6. Committee Officers and Responsibilities
- Chairman. As established by Executive Order 12829, as amended, the Committee Chairman is the Director of the Information Security Oversight Office. The Chairman will: (1) call meetings of the full Committee; (2) set meeting agenda; (3) determine quorum; (4) open, preside over and adjourn meetings; and (5) certify meeting minutes. The Chairman also serves as the Committee's Designated Federal Officer, a position required by the FACA.
- Designated Federal Officer. The FACA requires each advisory committee to have a Designated Federal Officer (DFO) and alternate, one of whom must be present for all meetings. The Director and Associate Director, Information Security Oversight Office, are, respectively, the Designated Federal Officer and alternate for the NISPPAC. Any meeting held without the DFO or alternate present will be considered as a subgroup or working group meeting.
- Executive Secretary. The Executive Secretary shall be a member of the staff of the Information Security Oversight Office and shall be responsible for: (1) notifying members of the time and place for each meeting; (2) recording the proceedings of all meetings, including subgroups or working group activities that are presented to the full Committee; (3) maintaining the roll; (4) preparing the minutes of all meetings of the full Committee, including subgroups and working group activities that are presented to the full Committee; including subgroup and working group activities that are presented to the full Committee; (5) attending to official correspondence; (6) maintaining official Committee records and filing all papers and submissions to the Committee, including those items generated by subgroups and working groups; (7) acting as Committee Treasurer to collect, validate and pay all vouchers for preapproved expenditures presented to the Committee; (8) preparing a yearly financial report; and (9) preparing and filing the annual Committee report as required by the FACA.
- Committee Staff. The staff of the Information Security Oversight Office shall serve as the NISPPAC staff on an as needed basis, and shall provide all services normally performed by such staff, including assistance in the fulfilling of the functions of the Executive Secretary.
Documents presented to the Committee by any method at any time, including those distributed during the course of a meeting, are part of the official Committee files, and become agency records within the meaning of the FOIA, and are subject to the provisions of that Act. Documents originating with agencies of the Federal Government shall remain under the primary control of such agencies and will be on loan to the Committee. Any FOIA request for access to documents originating with any agency shall be referred to that agency. Documents originating with industry that have been submitted to the NISPPAC during the course of its official business shall also be subject to request for access under the FOIA. Proprietary information that may be contained within such documents should be clearly identified at the time of submission.
Article 8. Committee Expenses and Cost Accounting.
Committee expenses including travel and per diem of non-Government members will be borne by the Information Security Oversight Office to the extent of appropriated funds available for these expenditures. Cost accounting will be performed by the Committee's Executive Secretary. Expenditures by the Committee or any subgroup or working group must be approved in advance by the Chairman or the Executive Secretary.
Article 9. Amendment of Charter and Bylaws.
Amendments to the Charter and Bylaws of the Committee must conform to the requirements of the FACA and Executive Order 12829, as amended, and be agreed by two-thirds of the 16 Government members or alternates and two-thirds of the eight industry members or alternates. Confirmed receipt of notification to all Committee members must be completed before any vote is taken to amend either the Charter or bylaws.
