§ 102-3.60 - What procedures are required to establish, renew, reestablish, or merge a discretionary advisory committee?

§ 102-3.60 What procedures are required to establish, renew, reestablish, or reestablish merge a discretionary advisory committee?

(a) Consult Consultation with the Secretariat. Before establishing To establish, renewingrenew, reestablish, or reestablishing merge a discretionary advisory committee and filing the charter as addressed later in § 102-3.70, the agency head must first consult with the Secretariat. As part of this consultation, agency heads are encouraged to engage in constructive dialogue with should provide the Secretariat . With with a full understanding of the background and purpose behind the proposed advisory committee, and the Secretariat may should share its knowledge and experience with the agency on how best to make use of the proposed advisory committee, suggest alternate methods of attaining its purpose that the agency may wish to consider, or inform the agency of a pre-existing advisory committee performing similar functions.

(b) Include required information in the consultation with the Secretariat. Consultations covering the establishment, renewal, and reestablishment, or merger of advisory committees must, as a minimum, contain the following information:

(1) Explanation of need. An explanation stating why the advisory committee is essential to the conduct of agency business and in the public interest or why it is necessary to merge one or more advisory committees;

(2) Lack of duplication of resources. An explanation stating why the advisory committee's functions cannot be performed by the agency, another existing committee, or other means such as a public hearing or other methods of public engagement; and

(3) Fairly balanced membership. A description of the agency's plan to attain fairly balanced membership. The plan will ensure that, in the selection of members for , as appropriate based on the nature and functions of the advisory committee, the agency will consider a cross-section of those directly affected, interested, and qualified, as appropriate to as documented through the agency's Membership Balance Plan (MBP). The MBP must be uploaded to the FACA database when the agency files the Federal advisory committee charter with the Secretariat.

(i) Points of view required. During the formation of the advisory committee membership and as membership vacancies occur, agencies should ensure that they fully consider and understand the potential implications or anticipated impacts of the advisory committee's potential recommendations. This includes consideration of the groups and entities potentially affected or interested in such recommendations, as appropriate based on the nature and functions of the advisory committee, so that the agency can make informed decisions on the areas of expertise or perspectives (including relevant lived experience) that would advance the work of the advisory committee. Advisory committees requiring technical expertise should include persons with demonstrated professional or personal qualifications and experience relevant to the functions and tasks to be performed by the committee. The MBP shall describe the agency's conclusions regarding the points of view that would promote fairly balanced committee membership.

(ii) Outreach. Having identified the points of view that would promote a fairly balanced advisory committee membership, agencies should conduct broad outreach, using a variety of means and methods, to ensure that the call for nominees reaches the interested parties and stakeholder groups likely to possess those points of view. Agencies should further ensure outreach to underserved communities, as appropriate to the nature and functions of the advisory committee. The MBP shall describe the agency's intended outreach efforts to accomplish these goals.

(iii) Selection. In the selection of members for the advisory committee and as membership vacancies occur, agencies shall ensure representation of persons with the points of view identified pursuant to this section that would promote a fairly balanced advisory committee membership. The MBP shall describe the agency's intended selection criteria and approach.