[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR102-3.60]

[Page 19]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
               CHAPTER 102--FEDERAL MANAGEMENT REGULATION
 
PART 102-3_FEDERAL ADVISORY COMMITTEE MANAGEMENT--Table of Contents
 
Subpart A_What Policies Apply to Advisory Committees Established Within 
                          the Executive Branch?
 
Sec. 102-3.60  What procedures are required to establish, renew, or 
          reestablish a discretionary advisory committee?

    (a) Consult with the Secretariat. Before establishing, renewing, or 
reestablishing a discretionary advisory committee and filing the charter 
as addressed later in Sec. 102-3.70, the agency head must consult with 
the Secretariat. As part of this consultation, agency heads are 
encouraged to engage in constructive dialogue with the Secretariat. With 
a full understanding of the background and purpose behind the proposed 
advisory committee, the Secretariat may share its knowledge and 
experience with the agency on how best to make use of the proposed 
advisory committee, suggest alternate methods of attaining its purpose 
that the agency may wish to consider, or inform the agency of a pre-
existing advisory committee performing similar functions.
    (b) Include required information in the consultation. Consultations 
covering the establishment, renewal, and reestablishment of advisory 
committees must, as a minimum, contain the following information:
    (1) Explanation of need. An explanation stating why the advisory 
committee is essential to the conduct of agency business and in the 
public interest;
    (2) Lack of duplication of resources. An explanation stating why the 
advisory committee's functions cannot be performed by the agency, 
another existing committee, or other means such as a public hearing; and
    (3) Fairly balanced membership. A description of the agency's plan 
to attain fairly balanced membership. The plan will ensure that, in the 
selection of members for the advisory committee, the agency will 
consider a cross-section of those directly affected, interested, and 
qualified, as appropriate to the nature and functions of the advisory 
committee. Advisory committees requiring technical expertise should 
include persons with demonstrated professional or personal 
qualifications and experience relevant to the functions and tasks to be 
performed.