C.F.R. » Title 41 » CHAPTER 102—FEDERAL MANAGEMENT REGULATION › SUBCHAPTER A—GENERAL › PART 102-3—FEDERAL ADVISORY COMMITTEE MANAGEMENT › Subpart A—Federal Advisory Committee Management Policies

41 C.F.R. § 102-3.35

Policies governing the use of subcommittees

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In general, the requirements of the Act and the policies of this part do not apply to subcommittees of advisory committees as long as the subcommittee reports only to that parent advisory committee and not directly to a Federal officer or agency. However, before establishing a subcommittee under a discretionary committee that is not made up entirely of members of a parent advisory committee, the head of the agency shall follow the same consultation process and document in writing the same determination of need for the subcommittee as is required under § 102-3.60(a) for the creation of a discretionary advisory committee.

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).
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Elec. Privacy Info. Ctr. v. Drone Advisory Comm., 369 F. Supp. 3d 27 (D.C. Cir. 2019). · cites it 4× “" 41 C.F.R. § 102-3.35 . But while GSA regulations specifically note that subcommittee meetings need not comply with FACA's openness requirements if the subcommittee reports to a parent advisory committee, id.”
Elec. Privacy Info. Ctr. v. Drone Advisory Comm., 995 F.3d 993 (D.C. Cir. 2021). · cites it 6× “” 41 C.F.R. § 102-3.35 (a). But “[i]f a subcommittee makes recommendations directly to a Federal officer or agency, or if its recommendations will be adopted by the parent advisory committee without further deliberations by the parent advisory committee, then the subcommittee’s…”
W. Org. Councils v. Bernhardt, 362 F. Supp. 3d 900 (D. Mont. 2019). “See 41 C.F.R. § 102-3.35 (a). However, that general rule is subject to exception if an agency's regulations require such openness, id.”
Elec. Privacy Info. Ctr. v. Drone Advisory Comm. (D.D.C. 2019). · cites it 4× “” 41 C.F.R. § 102-3.35 . But while GSA regulations specifically note that subcommittee meetings need not comply with FACA’s openness requirements if the subcommittee reports to a parent advisory committee, id.”
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