[Code of Federal Regulations]
[Title 29, Volume 4]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 29CFR1430.3]

[Page 66-67]
 
                             TITLE 29--LABOR
 
                        AND CONCILIATION SERVICE
 
PART 1430--FEDERAL MEDIATION AND CONCILIATION SERVICE ADVISORY COMMITTEES--
Table of Contents
 
Sec. 1430.3  Establishment of advisory committees.

    (a) Guidelines for establishing advisory committees. The guidelines 
in establishing advisory committees are as follows:
    (1) No advisory committee shall be established if its functions are 
being or could be performed by an agency or an existing committee;
    (2) The purpose of the advisory committee shall be clearly defined;
    (3) The membership of the advisory committee shall be fairly 
balanced in terms of the points of view represented and the committee's 
functions;
    (4) There shall be appropriate safeguards to assure that an advisory 
committee's advice and recommendations will not be inappropriately 
influenced by any special interests; and
    (5) At least once a year, a report shall be prepared for each 
advisory

[[Page 67]]

committee, describing the committee's membership, functions, and 
actions.
    (b) Advisory committees established by the Service not pursuant to 
specific statutory authority. (1) Advisory committees established by the 
Service not pursuant to specific statutory authority may be created by 
the Director after consultation with the secretariat.
    (2) When the Director determines that such an advisory committee 
needs to be established, he shall notify the secretariat of his 
determination and shall inform the secretariat of the nature and purpose 
of the committee, the reasons why the committee is needed, and the 
inability of any existing agency or committee to perform the committee's 
functions.
    (3) After the secretariat has determined that establishment of such 
a committee is in conformance with the Act and has so informed the 
Director, the Director shall prepare a certification of the committee, 
stating the committee's nature and purpose, and that it is established 
in the public interest. That certification shall be published in the 
Federal Register.
    (c) Advisory committees created pursuant to Presidential directive. 
Advisory committees established by Presidential directive are those 
created pursuant to Executive Order, executive memorandum, or 
reorganization plan. The Director shall create such committees in 
accordance with the provisions of the Presidential directive and shall 
follow the provisions of this part, to the extent they are not 
inconsistent with the directive.
    (d) Advisory committees created pursuant to specific statutory 
authority. The Director shall create advisory committees established 
pursuant to specific statutory authority in accordance with the 
provisions of the statute and shall follow the provisions of this part, 
to the extent they are not inconsistent with the statute: Provided, 
however, That the Director need not utilize the procedures described in 
paragraph (b) of this section.
    (e) Advisory committees established by persons outside the Federal 
Government, but utilized by the Service to obtain advice or opinion. In 
utilizing such committees, the Director shall follow the provisions of 
this part and the requirements of the Act. Such committees, to the 
extent they are utilized by the Service, shall be considered, for the 
purposes of this part, to be advisory committees established by the 
Service.