[Code of Federal Regulations]
[Title 44, Volume 1]
[Revised as of October 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 44CFR12.6]

[Page 140]
 
              TITLE 44--EMERGENCY MANAGEMENT AND ASSISTANCE
 
 CHAPTER I--FEDERAL EMERGENCY MANAGEMENT AGENCY, DEPARTMENT OF HOMELAND 
                                SECURITY
 
PART 12--ADVISORY COMMITTEES--Table of Contents
 
Sec. 12.6  Establishment of advisory committees.

    (a) No advisory committee shall be established under this part 
unless such establishment is:
    (1) Specifically authorized by statute or the President of the 
United States; or
    (2) Determined as a matter of formal record by the Director after 
consultation with the Secretariat, with timely notice published in the 
Federal Register as a matter of the public interest, in connection with 
the performance of duties imposed on the agency by law.
    (b) The determination required by paragraph (a)(2) of this section 
shall:
    (1) Contain a clearly defined purpose for the advisory committee;
    (2) Require the membership of the advisory committee to be fairly 
balanced in terms of the points of view represented in the functions 
performed by the advisory committee;
    (3) Contain appropriate provisions to assure that the advice and 
recommendations of the advisory committee will not be inappropriately 
influenced by the appointing authority or by any special interest, but 
will instead be the result of the advisory committee's independent 
judgment;
    (4) Contain provisions dealing with the date for submission of 
reports (if any), the duration of the advisory committee, and the 
publication of reports and other materials, to the extent that the 
agency determines the provisions of Sec. 12.16 of this part to be 
inadequate; and
    (5) Contain provisions which will assure that the advisory committee 
will have adequate staff (either supplied by the Agency or employed by 
it), will be provided adequate quarters, and will have funds available 
to meet its other necessary expenses.
    (c) Consultation with the Secretariat may be in the form of a letter 
from the Agency describing the nature and purpose of the proposed 
advisory committee, including an explanation of why the functions of the 
proposed committee could not be performed by FEMA or by an existing 
committee. The letter should describe the Agency's plan to attain 
balanced membership on the proposed committee, as prescribed in 
paragraph (b)(2) of this section. If the Secretariat is satisfied that 
the establishment of the advisory committee will be in accord with the 
Act, the Agency shall certify in writing that creation of the advisory 
committee is in the public interest.
    (d) Unless otherwise specifically provided by statute or 
Presidential directive, advisory committees shall be utilized solely for 
advisory functions.