Who may have access to the records of the NSTAC?
The FACA established the public’s right to be kept informed with respect to the number, purpose, membership, activities and cost of Federal advisory committees. The Federal Register publishes notices of meetings. Unless the meeting is closed for national security reasons, interested persons are permitted to attend. FACA requires that “…the records, reports, transcripts, minutes, appendixes, working papers, drafts, studies, agenda, or other documents which were made available to or prepared for or by each advisory committee shall be available for public inspection.” For NSTAC purposes, this means the material presented by the IES to the NSTAC itself, not any subcommittee material, be made available. The NSTAC fulfills this responsibility by posting the reports on its website. Again, a national security exemption may be applied. The Freedom of Information Act (FOIA) does not apply to the NSTAC since it is not a Federal “agency” subject to that act. Material in the physical possession of