§ 102-3.40 - What types of committees or groups are not covered by the Act and this part?

§ 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

In addition to the committees created by the National Academy of Sciences

(NAS) or

, Engineering, and Medicine and 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.

, the following are examples of committees or groups that are not covered by the Act or this part:

(a) 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

Office of the Director of National Intelligence, if the Director of National Intelligence determines that for reasons of national security such advisory committee cannot comply with the requirements of the Act;

(b) Committees specifically exempted by statute;

(c) Committees created by non-Federal entities

(such as a contractor or private organization), provided that these committees or groups are

and not actually managed or controlled by the executive branch;

(

e

d) Groups assembled

to

where attendees provide individual advice

. Any group that meets with

to 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

e) 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

f)

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

Tribal governments (or their designated employees with authority to act on their behalf), acting in their official capacities.

However, the

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

sec. 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), and OMB Memorandum M-95-20, dated September 21, 1995, available

from

on the Committee Management Secretariat

(MC), General Services Administration, 1800 F Street, NW., Washington, DC 20405-0002);(h) Intragovernmental committees.

website);

(g) Any committee composed wholly of full-time or permanent part-time officers or employees of the Federal Government;

(

i

h) Local civic groups

. Any local civic group

whose primary function is that of rendering a public service with respect to a Federal program;

(

j

i) 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

j)

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 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

; and

(k) Any committee established, created, managed, and staffed by the government of a foreign country; or any committee created, managed, and staffed by an executive branch agency to advise or make recommendations to a government official, government group, or government agency of a foreign country.