41 C.F.R. § 102-3.120

Responsibilities and functions of a DFO

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(a) The agency head or, in the case of an independent Presidential advisory committee, the Secretariat, must designate a Federal officer or employee to be the DFO for each advisory committee and its subcommittees, who must:

(1) Ensure that their committee activities comply with the Act, this part, their agency administrative procedures, and any other applicable laws and regulations;

(2) Approve or call all meetings of the advisory committee or subcommittee;

(3) Approve the agenda, except that this requirement does not apply to a Presidential advisory committee;

(4) Attend all advisory committee and subcommittee meetings for their duration;

(5) Adjourn any meeting when he or she determines it to be in the public interest;

(6) Chair any meeting when so directed by the agency head;

(7) Maintain information on advisory committee activities and provide such information to the public, as applicable; and

(8) Ensure advisory committee members and subcommittee members, as applicable, receive the appropriate training (e.g., FACA overview, ethics training) for compliance with the Act and this part.

(b) The DFO should ensure a public-facing website is created and maintained for each advisory committee, and include information such as: the advisory committee charter; relevant laws, regulations, and guidance; advisory committee member rosters; Federal Register notices; meeting information (such as agendas, meeting materials, and minutes); reports and recommendations; and any other information that would increase the transparency and public understanding of advisory committee functions and activities and assist in fulfilling the requirements under sec. 10(b) of the Act (codified at 5 U.S.C. 1009(b)).

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 2019–2021 · leading case: Elec. Privacy Info. Ctr. v. Drone Advisory Comm., 369 F. Supp. 3d 27 (D.C. Cir. 2019).
Elec. Privacy Info. Ctr. v. Drone Advisory Comm., 369 F. Supp. 3d 27 (D.C. Cir. 2019). · cites it 2× “41 C.F.R. § 102-3.120 . The authority of the FAA DFO over DACSC and DAC task groups meetings therefore does not suggest that the FAA bypassed the DAC in obtaining advice and recommendations.”
Elec. Privacy Info. Ctr. v. Drone Advisory Comm., 995 F.3d 993 (D.C. Cir. 2021). “13 regulations likewise required that same official to attend each meeting of the subgroups, 41 C.F.R. § 102-3.120 . Moreover, the regulations codify our holding in Anti-Hunger Coalition that FACA does “not apply to subcommittees of advisory committees that report to a parent…”
Elec. Privacy Info. Ctr. v. Drone Advisory Comm. (D.D.C. 2019). · cites it 2× “41 C.F.R. § 102-3.120 . The authority of the FAA DFO over DACSC and DAC task groups meetings therefore does not suggest that the FAA bypassed the DAC in obtaining advice and recommendations.”
Naacp Legal Def. & Educ. Fund, Inc. v. Barr (D.D.C. 2020). · cites it 2× “§ 10(e); 41 C.F.R. § 102-3.120 . And Count V alleges that LDF is entitled to a declaration that all of the foregoing conduct violates FACA.”
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