41 C.F.R. Appendix A to Subpart E 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 E—How Does This Subpart Apply to Advice or Recommendations Provided to Agencies by the National Academy of Sciences or the National Academy of Public Administration?
Appendix A to Subpart E of Part 102–3—Key Points and Principles
---------------------------------------------------------------------------------------------------------------- Key points and principles Section(s) Question(s) Guidance----------------------------------------------------------------------------------------------------------------I. Section 15 of the Act 102-3.185(a) 1. May agencies rely upon an academy A. Yes. NAS and NAPA are allows the National certification regarding compliance completely separate Academy of Sciences (NAS) with section 15 of the Act if organizations. Each is and the National Academy different policies and procedures independently chartered of Public Administration are adopted by NAS and NAPA? by the Congress for (NAPA) to adopt separate different purposes, and procedures for complying Congress has recognized with FACA that the two organizations are structured and operate differently. Agencies should defer to the discretion of each academy to adopt policies and procedures that will enable it to comply substantially with the provisions of section 15 of the Act that apply to that academy.----------------------------------------------------------------------------------------------------------------II. Section 15 of the Act 102-3.185(c) 1. Can an agency enter into a A. Yes, if the members of allows agencies to enter funding agreement with an academy the committee are into funding agreements which provides for the preparation selected by the academy with NAS and NAPA without of one or more academy reports and if the committee's the academies' committees containing advice or meetings, deliberations, being ``managed'' or recommendations to the agency, to and the preparation of ``controlled'' be developed by the academy by use reports are all of a committee created by the controlled by the academy, without subjecting an academy. Under these academy to ``actual management or circumstances, neither control'' by the agency? the existence of the funding agreement nor the fact that it contemplates use by the academy of an academy committee would constitute actual management or control of the committee by the agency.----------------------------------------------------------------------------------------------------------------
