[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: 41CFR102-3.30]

[Page 14-15]
 
           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. 102-3.30  What policies govern the use of advisory committees?

    The policies to be followed by Federal departments and agencies in 
establishing and operating advisory committees consistent with the Act 
are as follows:
    (a) Determination of need in the public interest. A discretionary 
advisory committee may be established only when it is essential to the 
conduct of agency business and when the information to be obtained is 
not already available through another advisory committee or source 
within the Federal Government. Reasons for deciding that an advisory 
committee is needed may include whether:
    (1) Advisory committee deliberations will result in the creation or 
elimination of (or change in) regulations, policies, or guidelines 
affecting agency business;
    (2) The advisory committee will make recommendations resulting in 
significant improvements in service or reductions in cost; or
    (3) The advisory committee's recommendations will provide an 
important additional perspective or viewpoint affecting agency 
operations.
    (b) Termination. An advisory committee must be terminated when:
    (1) The stated objectives of the committee have been accomplished;
    (2) The subject matter or work of the committee has become obsolete 
by the passing of time or the assumption of the committee's functions by 
another entity;
    (3) The agency determines that the cost of operation is excessive in 
relation to the benefits accruing to the Federal Government;
    (4) In the case of a discretionary advisory committee, upon the 
expiration of a period not to exceed two years, unless renewed;
    (5) In the case of a non-discretionary advisory committee required 
by Presidential directive, upon the expiration of a period not to exceed 
two years, unless renewed by authority of the President; or
    (6) In the case of a non-discretionary advisory committee required 
by statute, upon the expiration of the time explicitly specified in the 
statute, or implied by operation of the statute.
    (c) Balanced membership. An advisory committee must be fairly 
balanced in its membership in terms of the points of view represented 
and the functions to be performed.
    (d) Open meetings. Advisory committee meetings must be open to the 
public except where a closed or partially-closed meeting has been 
determined proper and consistent with the exemption(s) of the Government 
in the Sunshine Act, 5 U.S.C. 552b(c), as the basis for closure.
    (e) Advisory functions only. The function of advisory committees is 
advisory

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only, unless specifically provided by statute or Presidential directive.