Procedures for making major amendments to advisory committee charters, such as substantial changes in objectives and scope, duties, and estimated costs, are the same as in Sec. 102-3.80, except that for discretionary advisory committees an agency must:
(a) Consult with the Secretariat on the amended language, and explain the purpose of the changes and why they are necessary; and
(b) File the amended charter as specified in Sec. 102-3.70.
Sec. Appendix A to Subpart B of Part 102-3--Key Points and Principles
This appendix provides additional guidance in the form of answers to frequently asked questions and identifies key points and principles that may be applied to situations not covered elsewhere in this subpart. The guidance follows: ----------------------------------------------------------------------------------------------------------------
Key points and principles Section(s) Question(s) Guidance----------------------------------------------------------------------------------------------------------------I. Agency heads must 102-3.60, 102-3.115 1. Can an agency head delegate to A. Yes. Many
consult with the the Committee Management Officer administrative functions
Secretariat prior to (CMO) responsibility for consulting performed to implement
establishing a with the Secretariat regarding the the Act may be
discretionary advisory establishment, renewal, or delegated. However,
committee. reestablishment of discretionary those functions related
advisory committees? 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 102-3.60(a), 102- 1. Who retains final authority for A. Although agency heads
responsible for complying 3.105 establishing or renewing a retain final authority
with the Act, including discretionary advisory committee? for establishing or
determining which renewing discretionary
discretionary advisory advisory committees,
committees should be these decisions should
established and renewed. be consistent with Sec.
102-3.105(e) and
reflect consultation
with the Secretariat
under Sec. 102-
3.60(a).----------------------------------------------------------------------------------------------------------------
III. An advisory committee 102-3.30(c), 102- 1. What factors should be considered A. The composition of an
must be fairly balanced 3.60(b)(3) in achieving a ``balanced'' advisory committee's
in its membership in advisory committee membership? membership will depend
terms of the points of upon several factors,
view represented and the including: (i) The
functions to be advisory committee's
performed. 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 102-3.70(b) 1. If an advisory committee's A. Yes. Section 14(b)(2)
committees required by duration exceeds two years, must a of the Act provides
statute must be filed charter be filed with the Congress that: Any advisory
every two years and GSA every two years? committee established by
regardless of the an Act of Congress shall
duration provided in the file a charter upon the
statute. expiration of each
successive two-year
period following the
date of enactment of the
Act establishing such
advisory committee.----------------------------------------------------------------------------------------------------------------