§ 102-3.105 - What are the responsibilities of an agency head?

§ 102-3.105 What are the responsibilities of an agency head?

The head of each agency that establishes or utilizes one or more advisory committees When a committee is utilized by or established by an agency, the agency head must:

(a) Comply with the Act and , this Federal Advisory Committee Management partpart, and other applicable laws and regulations;

(b) Issue administrative guidelines and management controls that apply to all of the agency's advisory committees subject to the Actproviding the details that advisory committee staff need to implement during the creation, operation, and termination of their Federal advisory committees;

(c) Designate a Committee Management Officer ( CMO);

(d) Designate a DFO for each advisory committee and its subcommittees;

(e) Approve the advisory committee charters for establishments, renewals, re-establishments, or mergers;

(f) Provide a written determination stating the reasons for closing any advisory committee meeting to the public, in whole or in part, in accordance with the

exemption(s) of

exemptions set forth in the Government in the Sunshine Act, 5 U.S.C. 552b(c)

, as the basis for closure

;

(

e

g) Review, at least annually, the need to continue each existing advisory committee, consistent with the public interest and the purpose or functions of each advisory committee;

(

f

h) Determine that rates of compensation for members (if they are paid for their services) and staff of, and experts and consultants to advisory committees are justified and that levels of agency support are adequate;

(

g

i) Develop procedures to assure that the advice or recommendations of advisory committees will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee's independent judgment;

(

h

j) Assure that the interests and affiliations of

advisory

committee members are reviewed for conformance with applicable conflict of interest statutes, regulations issued by the U.S. Office of Government Ethics

(OGE)

including any supplemental agency requirements, and other Federal ethics rules;

(

i) Designate a Designated Federal Officer (DFO) for each advisory committee and its subcommittees; and(j

k) Appoint or invite individuals to serve on committees, unless otherwise provided for by a specific statute or Presidential directive; and

(l) Provide the opportunity for reasonable participation, including accessibility considerations, by the public in advisory committee activities, subject to § 102-3.140 and the agency's guidelines.