[Code of Federal Regulations] [Title 41, Volume 3] [Revised as of July 1, 2003] From the U.S. Government Printing Office via GPO Access [CITE: 41CFR102-3.85] [Page 22-23] TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT CHAPTER 102--FEDERAL MANAGEMENT REGULATION PART 102-3--FEDERAL ADVISORY COMMITTEE MANAGEMENT--Table of Contents Subpart B--How Are Advisory Committees Established, Renewed, Reestablished, and Terminated? Sec. 102-3.85 How are major charter amendments accomplished? Procedures for making major amendments to advisory committee charters, such as substantial changes in objectives and scope, duties, and estimated costs, are the same as in Sec. 102-3.80, except that for discretionary advisory committees an agency must: (a) Consult with the Secretariat on the amended language, and explain the purpose of the changes and why they are necessary; and (b) File the amended charter as specified in Sec. 102-3.70. Appendix A to Subpart B of Part 102-3--Key Points and Principles 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: [[Page 23]] Appendix A to Subpart B -------------------------------------------------------------------------------------------------------------------------------------------------------- Key points and principles Section(s) Question(s) Guidance -------------------------------------------------------------------------------------------------------------------------------------------------------- I. Agency heads must consult with the 102-3.60, 102-3.115......... 1. Can an agency head delegate to the A. Yes. Many administrative functions Secretariat prior to establishing a Committee Management Officer (CMO) performed to implement the Act may discretionary advisory committee. responsibility for consulting with the be delegated. However, those Secretariat regarding the functions related to approving the establishment, renewal, or final establishment, renewal, or reestablishment of discretionary reestablishment of discretionary advisory committees? 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 responsible for 102-3.60(a), 102-3.105...... 1. Who retains final authority for A. Although agency heads retain final complying with the Act, including establishing or renewing a authority for establishing or determining which discretionary advisory discretionary advisory committee? renewing discretionary advisory committees should be established and committees, these decisions should renewed. be consistent with Sec. 102-3.105(e) and reflect consultation with the Secretariat under Sec. 102-3.60(a). -------------------------------------------------------------------------------------------------------------------------------------------------------- III. An advisory committee must be fairly 102-3.30(c), 102-3.60(b)(3). 1. What factors should be considered in A. The composition of an advisory balanced in its membership in terms of achieving a ``balanced'' advisory committee's membership will depend the points of view represented and the committee membership? upon several factors, including: (i) functions to be performed. The advisory committee's 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 committees 102-3.70(b)................. 1. If an advisory committee's duration A. Yes. Section 14(b)(2) of the Act required by statute must be filed every exceeds two years, must a charter be provides that: Any advisory two years regardless of the duration filed with the Congress and GSA every committee established by an Act of provided in the statute. two years? Congress shall file a charter upon the expiration of each successive two-year period following the date of enactment of the Act establishing such advisory committee. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 24]]