[Code of Federal Regulations]

[Title 44, Volume 1]

[Revised as of October 1, 2005]

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.