[Code of Federal Regulations]
[Title 22, Volume 1]
[Revised as of April 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 22CFR8.3]

[Page 26-27]
 
                       TITLE 22--FOREIGN RELATIONS
 
                     CHAPTER I--DEPARTMENT OF STATE
 
PART 8_ADVISORY COMMITTEE MANAGEMENT--Table of Contents
 
Sec.  8.3  Scope.

    (a) The Federal Advisory Committee Act applies to committees 
``established'' by the Government and to committees ``utilized'' though 
not established by the Government.
    (1) The President and the Congress, or the Department in 
consultation with the Office of Management and Budget, may establish a 
group which shall be known as an advisory committee for the purpose of 
obtaining advice or recommendations and which

[[Page 27]]

shall be subject to the Federal Advisory Committee Act throughout its 
existence.
    (2) Though not established by the President or the Department, a 
group utilized for the purpose of obtaining advice or recommendations 
must file a charter prior to a meeting, and otherwise conform to the 
requirements of the Act during any meetings or other contacts with the 
Department.
    (b) One requisite for coverage of either type (established or 
utilized) under the Federal Advisory Committee Act is that the group can 
be defined as a committee as set forth in the definition of a committee, 
as contained in Sec.  8.4 of these regulations, and have all or most of 
the following characteristics:
    (1) The purpose, objective or intent is that of providing advice to 
any officer or organizational component of the Department;
    (2) Has regular or periodic meetings;
    (3) Has fixed membership (membership may include more than one full 
time Federal officer or employee but is not comprised wholly of 
Government personnel);
    (4) Has an organizational structure (e.g., officers) and a staff.
    (c) Where a group provides some advice to an agency, but the group's 
advisory function is incidental to and inseparable from other 
operational functions such as making or implementing decisions, the 
Federal Advisory Committee Act does not apply.
    (d) Where the advisory function of a group is separable from its 
operational function, the group is subject to the Act to the extent that 
it operates as an advisory committee.