[Code of Federal Regulations]
[Title 41, Volume 3]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 41CFR102-3.185]

[Page 35]
 
           TITLE 41--PUBLIC CONTRACTS AND PROPERTY MANAGEMENT
 
               CHAPTER 102--FEDERAL MANAGEMENT REGULATION
 
PART 102-3_FEDERAL ADVISORY COMMITTEE MANAGEMENT--Table of Contents
 
   Subpart E_How Does This Subpart Apply to Advice or Recommendations 
Provided to Agencies by the National Academy of Sciences or the National 
                    Academy of Public Administration?
 
Sec. 102-3.185  What does this subpart require agencies to do?

    (a) Section 15 requirements. An agency may not use any advice or 
recommendation provided to an agency by the National Academy of Sciences 
(NAS) or the National Academy of Public Administration (NAPA) under an 
agreement between the agency and an academy, if such advice or 
recommendation was developed by use of a committee created by either 
academy, unless:
    (1) The committee was not subject to any actual management or 
control by an agency or officer of the Federal Government; and
    (2) In the case of NAS, the academy certifies that it has complied 
substantially with the requirements of section 15(b) of the Act; or
    (3) In the case of NAPA, the academy certifies that it has complied 
substantially with the requirements of sections 15(b) (1), (2), and (5) 
of the Act.
    (b) No agency management or control. Agencies must not manage or 
control the specific procedures adopted by each academy to comply with 
the requirements of section 15 of the Act that are applicable to that 
academy. In addition, however, any committee created and used by an 
academy in the development of any advice or recommendation to be 
provided by the academy to an agency must be subject to both actual 
management and control by that academy and not by the agency.
    (c) Funding agreements. Agencies may enter into contracts, grants, 
and cooperative agreements with NAS or NAPA that are consistent with the 
requirements of this subpart to obtain advice or recommendations from 
such academy. These funding agreements require, and agencies may rely 
upon, a written certification by an authorized representative of the 
academy provided to the agency upon delivery to the agency of each 
report containing advice or recommendations required under the agreement 
that:
    (1) The academy has adopted policies and procedures that comply with 
the applicable requirements of section 15 of the Act; and
    (2) To the best of the authorized representative's knowledge and 
belief, these policies and procedures substantially have been complied 
with in performing the work required under the agreement.