When a committee is utilized by or established by an agency, the agency head must:
(a) Issue administrative guidelines and management controls consistent with guidance issued by the Administrator;
(b) Maintain information on the nature, functions, and operation of each advisory committee within its jurisdiction;
(c) Designate a CMO for the agency and a DFO for each advisory committee and its subcommittees;
(d) Approve the advisory committee charters for establishments, renewals, re-establishments, or mergers;
(e) 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 exemptions set forth in the Government in the Sunshine Act, 5 U.S.C. 552b(c);
(f) 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. This review must address all of the criteria listed in § 102-3.60;
(g) 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) Assure that the interests and affiliations of committee members are reviewed for conformance with applicable conflict of interest statutes, regulations issued by the U.S. Office of Government Ethics (5 CFR chapter XVI, subchapter B) including any supplemental agency requirements, and other Federal ethics rules; and
(i) Appoint or invite individuals to serve on committees, unless otherwise provided for by a specific statute or Presidential directive.
Notes of Decisions
Union of Concerned Scientists v. Wheeler, 377 F. Supp. 3d 34 (D.D.C. 2019).
· cites it 4× “See 41 C.F.R. § 102-3.105 (h). The Court finds that Count 2, like Count 1, is nonjusticiable and fails to state a claim.”
Physicians for Soc. Responsibility v. Andrew Wheeler, 956 F.3d 634 (D.C. Cir. 2020).
“and other Federal ethics rules,” 41 C.F.R. § 102-3.105 (h). GSA regulations, in other words, dictate that advisory committee members, just like all other government employees, are bound by federal ethics rules.”
Town of Marshfield v. Fed. Aviation Admin., 552 F.3d 1 (1st Cir. 2008).
“2 §§ 2(a), (b), 3(2), 10(a)(1), 10(a)(2); 41 C.F.R. § 102-3.105 (g) (2001). FACA does not apply to every entity whose views may be sought or considered by an agency — vast numbers of private *6 organizations express their views to regulators; rather, it applies only to advisory…”
Nat. Resources Def. Council, Inc. v. U.S Env't Prot. Agency (S.D.N.Y. 2020).
· cites it 2× “41 C.F.R. § 102-3.105 . The regulations also provide that “advisory committee members serve at the pleasure of,” and “[m]embership terms are at the sole discretion of,” the appointing authority, “[u]nless otherwise provided by statute, Presidential directive, or other…”
Physicians for Soc. Responsibility v. Pruitt (D.D.C. 2019).
“To be sure, because agencies must ensure that committee members are not conflicted, 41 C.F.R. § 102-3.105 (h), agency heads may not craft appointment policies that disregard applicable ethics rules.”
Stirrup v. United States Dep't of Def. (D.D.C. 2023).
“” 41 C.F.R. § 102-3.105 (g). Thus, the Secretary of Defense has issued an “[i]nstruction” that governs, among other committees, these Boards.”
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