[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: 41CFR102-3.40]

[Page 15-16]
 
           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. 102-3.40  What types of committees or groups are not covered by the Act 

and this part?

    The following are examples of committees or groups that are not 
covered by the Act or this Federal Advisory Committee Management part:
    (a) Committees created by the National Academy of Sciences (NAS) or 
the National Academy of Public Administration (NAPA). Any committee 
created by NAS or NAPA in accordance with section 15 of the Act, except 
as otherwise covered by subpart E of this part;
    (b) Advisory committees of the Central Intelligence Agency and the 
Federal Reserve System. Any advisory committee established or utilized 
by the Central Intelligence Agency or the Federal Reserve System;
    (c) Committees exempted by statute. Any committee specifically 
exempted from the Act by law;
    (d) Committees not actually managed or controlled by the executive 
branch. Any committee or group created by non-Federal entities (such as 
a contractor or private organization), provided that these committees or 
groups are not actually managed or controlled by the executive branch;
    (e) Groups assembled to provide individual advice. Any group that 
meets with a Federal official(s), including a public meeting, where 
advice is sought from the attendees on an individual basis and not from 
the group as a whole;
    (f) Groups assembled to exchange facts or information. Any group 
that meets with a Federal official(s) for the purpose of exchanging 
facts or information;
    (g) Intergovernmental committees. Any committee composed wholly of 
full-time or permanent part-time officers or employees of the Federal 
Government and elected officers of State, local and tribal governments 
(or their designated employees with authority to act on their behalf), 
acting in their official capacities. However, the purpose of such a 
committee must be solely to exchange views, information, or advice 
relating to the management or implementation of Federal programs 
established pursuant to statute, that explicitly or inherently share 
intergovernmental responsibilities or administration (see guidelines 
issued by the Office of Management and Budget (OMB) on section 204(b) of 
the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), OMB 
Memorandum M-95-20, dated September 21, 1995, available from the 
Committee Management Secretariat (MC), General Services Administration, 
1800 F Street, NW., Washington, DC 20405-0002);
    (h) Intragovernmental committees. Any committee composed wholly of 
full-time or permanent part-time officers or employees of the Federal 
Government;
    (i) Local civic groups. Any local civic group whose primary function 
is that of rendering a public service with respect to a Federal program;
    (j) Groups established to advise State or local officials. Any State 
or local committee, council, board, commission, or similar group 
established to advise or make recommendations to State or local 
officials or agencies; and
    (k) Operational committees. Any committee established to perform 
primarily operational as opposed to advisory functions. Operational 
functions are those specifically authorized by statute or Presidential 
directive, such as making or implementing Government decisions or 
policy. A committee designated operational may be covered

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by the Act if it becomes primarily advisory in nature. It is the 
responsibility of the administering agency to determine whether a 
committee is primarily operational. If so, it does not fall under the 
requirements of the Act and this part.