41 C.F.R. Appendix A to Subpart B of Part 102–3—Key Points and Principles
Title 41 - Public Contracts and Property Management
This appendix provides additional guidance in the form of answers to frequently asked questions and identifies key points and principles that may be applied to situations not covered elsewhere in this subpart. The guidance follows:
Title 41: Public Contracts and Property Management
PART 102–3—FEDERAL ADVISORY COMMITTEE MANAGEMENT
Subpart B—How Are Advisory Committees Established, Renewed, Reestablished, and Terminated?
Appendix A to Subpart B of Part 102–3—Key Points and Principles
---------------------------------------------------------------------------------------------------------------- Key points and principles Section(s) Question(s) Guidance----------------------------------------------------------------------------------------------------------------I. Agency heads must 102-3.60, 102-3.115 1. Can an agency head delegate to A. Yes. Many consult with the the Committee Management Officer administrative functions Secretariat prior to (CMO) responsibility for consulting performed to implement establishing a with the Secretariat regarding the the Act may be discretionary advisory establishment, renewal, or delegated. However, committee. reestablishment of discretionary those functions related advisory committees? to approving the final establishment, renewal, or reestablishment of discretionary advisory committees are reserved for the agency head. Each agency CMO should assure that their internal processes for managing advisory committees include appropriate certifications by the agency head.----------------------------------------------------------------------------------------------------------------II. Agency heads are 102-3.60(a), 102- 1. Who retains final authority for A. Although agency heads responsible for complying 3.105 establishing or renewing a retain final authority with the Act, including discretionary advisory committee? for establishing or determining which renewing discretionary discretionary advisory advisory committees, committees should be these decisions should established and renewed. be consistent with § 102-3.105(e) and reflect consultation with the Secretariat under § 102- 3.60(a).----------------------------------------------------------------------------------------------------------------III. An advisory committee 102-3.30(c), 102- 1. What factors should be considered A. The composition of an must be fairly balanced 3.60(b)(3) in achieving a ``balanced'' advisory committee's in its membership in advisory committee membership? membership will depend terms of the points of upon several factors, view represented and the including: (i) The functions to be advisory committee's performed. mission; (ii) The geographic, ethnic, social, economic, or scientific impact of the advisory committee's recommendations; (iii) The types of specific perspectives required, for example, such as those of consumers, technical experts, the public at-large, academia, business, or other sectors; (iv) The need to obtain divergent points of view on the issues before the advisory committee; and (v) The relevance of State, local, or tribal governments to the development of the advisory committee's recommendations.----------------------------------------------------------------------------------------------------------------IV. Charters for advisory 102-3.70(b) 1. If an advisory committee's A. Yes. Section 14(b)(2) committees required by duration exceeds two years, must a of the Act provides statute must be filed charter be filed with the Congress that: Any advisory every two years and GSA every two years? committee established by regardless of the an Act of Congress shall duration provided in the file a charter upon the statute. expiration of each successive two-year period following the date of enactment of the Act establishing such advisory committee.----------------------------------------------------------------------------------------------------------------
