Code of Federal Regulations Title 41. Public Contracts and Property Management 41 CFR Pt. 102-3, Subpt. B, App. A Appendix A to Subpart B of Part 102–3—Key Points and Principles

Key points and principles

Section(s)

Question(s)

Guidance

I. Agency heads must consult with the Secretariat prior to establishing a discretionary advisory committee.

102-3.60, 102-3.115

1. Can an agency head delegate to the Committee Management Officer (CMO) responsibility for consulting with the Secretariat regarding the establishment, renewal, or reestablishment of discretionary advisory committees?

A. Yes. Many administrative functions performed to implement the Act may be delegated. However, those functions related to approving the final establishment, renewal, or reestablishment of discretionary advisory committees are reserved for the agency head. Each agency CMO should assure that their internal processes for managing advisory committees include appropriate certifications by the agency head.

II. Agency heads are responsible for complying with the Act, including determining which discretionary advisory committees should be established and renewed.

102-3.60(a), 102-3.105

1. Who retains final authority for establishing or renewing a discretionary advisory committee?

A. Although agency heads retain final authority for establishing or renewing discretionary advisory committees, these decisions should be consistent with § 102-3.105(e) and reflect consultation with the Secretariat under § 102-3.60(a).

III. An advisory committee must be fairly balanced in its membership in terms of the points of view represented and the functions to be performed.

102-3.30(c), 102-3.60(b)(3)

1. What factors should be considered in achieving a “balanced” advisory committee membership?

A. The composition of an advisory committee's membership will depend upon several factors, including: (i) The advisory committee's mission; (ii) The geographic, ethnic, social, economic, or scientific impact of the advisory committee's recommendations; (iii) The types of specific perspectives required, for example, such as those of consumers, technical experts, the public at-large, academia, business, or other sectors; (iv) The need to obtain divergent points of view on the issues before the advisory committee; and (v) The relevance of State, local, or tribal governments to the development of the advisory committee's recommendations.

IV. Charters for advisory committees required by statute must be filed every two years regardless of the duration provided in the statute.

102-3.70(b)

1. If an advisory committee's duration exceeds two years, must a charter be filed with the Congress and GSA every two years?

A. Yes. Section 14(b)(2) of the Act provides that: Any advisory committee established by an Act of Congress shall file a charter upon the expiration of each successive two-year period following the date of enactment of the Act establishing such advisory committee.