75248 Federal Register / Vol. 88, No. 211 / Thursday, November 2, 2023 / Proposed Rules 

available through https://

www.regulations.gov and at the EPA 

Region IX Office (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

IV. Statutory and Executive Order 

Reviews 

Under the Clean Air Act, the 

Administrator is required to approve a 

SIP submission that complies with the 

provisions of the Act and applicable 

federal regulations. 42 U.S.C. 7410(k); 

40 CFR 52.02(a). Thus, in reviewing SIP 

submissions, the EPA’s role is to 

approve state choices, provided that 

they meet the criteria of the Clean Air 

Act. Accordingly, this proposed action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this proposed action: 

• Is not a significant regulatory action 

subject to review by the Office of 

Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it proposes to approve a state 

program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); and 

• Is not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the Clean Air Act. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the rule does not have 

tribal implications and will not impose 

substantial direct costs on Tribal 

Governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

Feb. 16, 1994) directs Federal agencies 

to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 

The State did not evaluate 

environmental justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA did not perform an 

EJ analysis and did not consider EJ in 

this action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral impact on the 

air quality of the affected area. 

Consideration of EJ is not required as 

part of this action, and there is no 

information in the record inconsistent 

with the stated goal of E.O. 12898 of 

achieving environmental justice for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Reporting 

and recordkeeping requirements, 

Volatile organic compounds. 

Dated: October 19, 2023. 

Martha Guzman Aceves, 

Regional Administrator, Region IX. 

[FR Doc. 2023–23607 Filed 11–1–23; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 102–3 

[FMR Case 2022–01; Docket No. 2022–0015, 

Sequence No. 1] 

RIN 3090–AK59 

Federal Management Regulation; 

Federal Advisory Committee 

Management 

AGENCY: Office of Governmentwide 

Policy (OGP), General Services 

Administration (GSA). 

ACTION: Proposed rule. 

SUMMARY: GSA proposes to amend the 

Federal Management Regulation (FMR) 

to update the regulations concerning 

Federal Advisory Committee 

Management. This rule proposes 

revisions that will implement legislative 

updates; help ensure that regulations 

concerning Federal Advisory Committee 

Management are user-friendly; clarify 

and update key roles; increase 

transparency, diversity, equity, access, 

accessibility, and inclusion throughout 

advisory committee processes and 

procedures; update the language 

regarding merger; and implement 

process improvements with respect to 

advisory committee charters and agency 

administrative guidelines. 

DATES: Interested parties should submit 

written comments to the Regulatory 

Secretariat at one of the addresses 

shown below on or before January 2, 

2024 to be considered in the formation 

of the final rule. 

ADDRESSES: Submit comments in 

response to FMR Case 2022–01 to 

Regulations.gov at https://

www.regulations.gov. Submit comments 

via the Federal eRulemaking portal by 

searching for ‘‘FMR Case 2022–01’’. 

Select the link ‘‘Comment Now’’ that 

corresponds with FMR Case 2022–01. 

Follow the instructions provided at the 

‘‘Comment Now’’ screen. Please include 

your name, company name (if any), and 

‘‘FMR Case 2022–01’’ on your attached 

document. If your comment cannot be 

submitted using https://

www.regulations.gov, call or email the 

points of contact in the FOR FURTHER

INFORMATION CONTACT section of this 

document for alternate instructions. 

Instructions: Please submit comments 

only and cite FMR Case 2022–01, in all 

correspondence related to this case. 

Comments received generally will be 

posted without change to https://

www.regulations.gov, including any 

personal and/or business confidential 

information provided. To confirm 

receipt of your comment(s), please 


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check www.regulations.gov, 

approximately two to three days after 

submission to verify posting. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Lorelei Kowalski, Director, Committee 

Management Secretariat, Office of Asset 

and Transportation Management, Office 

of Government-wide Policy, at 202– 

208–6035 or email at lorelei.kowalski@

gsa.gov. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat Division at 

202–501–4755 or GSARegSec@gsa.gov. 

Please cite FMR Case 2022–01. 

SUPPLEMENTARY INFORMATION: 

I. Discussion of Proposed Changes 

The Federal Advisory Committee Act 

(FACA or ‘‘the Act’’) as amended, 5 

U.S.C. Chapter 10, (codified at 5 U.S.C. 

1001 et seq.), governs the establishment, 

operation, and termination of advisory 

committees within the Executive Branch 

of the Federal Government. Advisory 

committees are a useful tool for 

‘‘furnishing expert advice, ideas, and 

diverse opinions to the Federal 

Government,’’ Sec. 2(a) (codified at 5 

U.S.C. 1002(a)), and the Act helps to 

ensure that Congress and the public are 

kept informed regarding the purpose, 

membership, activities, and cost of 

advisory committees, Sec. 2(b)(5) 

(codified at 5 U.S.C. 1002(b)(5)). 

GSA is responsible for administering 

the Act, including ‘‘prescribing 

administrative guidelines and 

management controls applicable to 

advisory committees, and, to the 

maximum extent feasible, providing 

advice, assistance, and guidance to 

advisory committees to improve their 

performance.’’ Sec. 7(c) (codified at 5 

U.S.C. 1006(c)); see also Executive 

Order 12024 (delegating to the 

Administrator of General Services 

almost all of ‘‘the functions vested in 

the President by the Federal Advisory 

Committee Act’’). 

The Administrator of General Services 

has delegated all of GSA’s FACA-related 

responsibilities to GSA’s Committee 

Management Secretariat (‘‘the 

Secretariat’’). See 41 CFR 102–3.100. 

Over the past forty years, the Secretariat 

has been implementing the Act through 

regulations concerning Federal 

Advisory Committee Management 

currently published at 41 CFR part 102– 

3. See Public Citizen v. DOJ, 491 U.S. 

440, 465 n.12 (1989). 

As explained throughout this section, 

GSA is now proposing to amend Part 

102–3 of the Federal Management 

Regulation to implement legislative 

updates; help ensure that regulations 

concerning Federal Advisory Committee 

Management are user-friendly; clarify 

and update key FACA roles; increase 

transparency, diversity, equity, access, 

accessibility, and inclusion throughout 

advisory committee processes and 

procedures; update the language 

regarding merger; and implement 

process improvements with respect to 

advisory committee charters and agency 

administrative guidelines. 

A. Implementing Legislative Updates 

GSA proposes to update 41 CFR 102– 

3.40 to reflect a legislative change that 

was made by the Intelligence 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–259), which states that the 

Director of National Intelligence may 

determine that, for reasons related to 

national security, FACA is not 

applicable to advisory committees of the 

Office of the Director of National 

Intelligence (ODNI). 

B. Removing Unnecessary Language and 

Information 

To make regulations concerning 

Federal Advisory Committee 

Management more user-friendly—and 

ultimately enhance the performance of 

advisory committees—GSA proposes to 

remove certain language and 

information from Part 102–3. See also 

Executive Order 14058 on Transforming 

Federal Customer Experience and 

Service Delivery to Rebuild Trust in 

Government (directing agency heads to 

identify opportunities, as appropriate 

and consistent with applicable law, to 

modify their regulations to enhance 

customer experience and service 

delivery outcomes). 

First, GSA proposes to remove 

Appendices throughout Part 102–3 

because that information—guidance in 

the form of answers to frequently asked 

questions—is better suited for GSA’s 

Federal Advisory Committee 

Management website, where GSA can 

more easily ‘‘provide advice, assistance, 

and guidance to advisory committees to 

improve their performance.’’ Sec. 7(c) 

(codified at 5 U.S.C. 1006(c)). 

Second, GSA proposes removing 

unnecessary language throughout Part 

102–3 because it either does not add 

meaningful clarification to the 

implementation of the Act, is not easily 

understandable, or is duplicative of 

language included elsewhere. 

For example, 41 CFR 102–3.30(b) on 

termination currently provides 

requirements for terminating an 

advisory committee, which are 

essentially repeated in 41 CFR 102–3.55 

on the duration of committees. GSA is 

also aware that the difference between 

‘‘termination’’ and ‘‘duration’’ has been 

a source of confusion during the 

advisory committee chartering process. 

Accordingly, GSA proposes revising 

both of those sections in order to 

remove duplicative language and to 

help ensure that the Act’s use of those 

terms is consistently applied throughout 

GSA’s regulations. 

Similarly, GSA proposes to remove 

certain language from 41 CFR 102–3.130 

that is already captured in other 

regulations or policies governing the 

appointment, compensation, or 

reimbursement of advisory committee 

members, staff, experts, and consultants. 

For example, the Office of Personnel 

Management (OPM) establishes policy 

for compensating Federal employees 

and hiring experts and consultants, and 

GSA need not repeat those policies in 

41 CFR 102–3.130. 

Overall, these proposed amendments 

will improve the clarity of regulations 

concerning Federal Advisory Committee 

Management, which will in turn 

enhance the performance of advisory 

committees. 

C. Updating Key Roles 

Consistent with the agency’s 

responsibility to ‘‘prescribe 

administrative guidelines and 

management controls applicable to 

advisory committees,’’ Sec. 7(c) 

(codified at 5 U.S.C. 1006(c)), GSA 

proposes clarifying the definitions and 

responsibilities of certain key roles. 

First, GSA proposes adding two key 

roles to the definitions section at 41 CFR 

102–3.25—the ‘‘Chairperson’’ and the 

‘‘Group Federal Officer.’’ 

• The Act refers to a chair of each 

advisory committee, see Sec. 10 

(codified at 5 U.S.C. 1009), but does not 

define the contours of that role. 

Accordingly, GSA proposes to define 

‘‘chairperson’’ as ‘‘the advisory 

committee or subcommittee member 

who serves in this role on an advisory 

committee or subcommittee by statutory 

requirement, or by appointment or 

invitation by presidential authority or 

an agency’s authority.’’ 

• GSA proposes defining ‘‘Group 

Federal Officer’’ as ‘‘an individual who 

assists the [Committee Management 

Officer] in overseeing and managing a 

portion of the agency’s Federal advisory 

committee management program.’’ GSA 

coined this term years ago to capture a 

key role that some agencies use to 

support their FACA programs, and GSA 

believes it is helpful to formally 

recognize what continues to be a key 

role for some agencies. 

Second, GSA proposes clarifying the 

responsibilities of certain roles: 

• GSA (41 CFR 102–3.100): Proposed 

revisions provide a more comprehensive 

description of actual Secretariat 

activities, update terminology, and 


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recognize a government-wide 

interagency group that has been in 

existence since GSA published the Final 

Rule in 2001, see Federal Advisory 

Committee Management, 66 FR 37727 

(July 19, 2001) (hereinafter ‘‘2001 Final 

Rule’’). 

• Agency Heads (41 CFR 102–3.105): 

Proposed revisions more clearly identify 

the role of the agency head with respect 

to advisory committee charters and 

members. 

• Committee Management Officer (41 

CFR 102–3.115): Proposed revisions 

help to clarify the full scope and 

importance of the Committee 

Management Officer, including 

acknowledgment of common actions 

implemented by Committee 

Management Officers across the 

executive branch in managing their 

agency’s Federal advisory committee 

program. 

• Designated Federal Officer (DFO) 

(41 CFR 102–3.120): Proposed revisions 

better reflect the central function of the 

DFO under the Act—including ensuring 

compliance with the Act, serving as a 

point of contact for members of the 

public, and maintaining appropriate 

record keeping and reporting of 

committee activities. 

Overall, these proposed amendments 

will improve the clarity of FACA-related 

responsibilities, which will in turn 

enhance the performance of advisory 

committees. 

D. Increasing Transparency, Diversity, 

Equity, Access, Accessibility, and 

Inclusion 

The Act states that advisory 

committees must be ‘‘fairly balanced in 

terms of the points of view represented 

and the functions to be performed.’’ Sec. 

5(b)(2), (c) (codified at 5 U.S.C. 

1004(b)(2), (c)). Further, the Act’s 

‘‘legislative history makes clear that the 

fairly balanced requirement was 

designed to ensure that persons or 

groups directly affected by the work of 

a particular advisory committee would 

have some representation on the 

committee.’’ Nat’l Anti-Hunger Coal. v. 

Exec. Comm. of President’s Priv. Sector 

Surv. on Cost Control, 711 F.2d 1071, 

1074 n. 2 (D.C. Cir. 1983). 

While the Act itself does not provide 

instructions on how agencies are to 

attain fairly balanced committee 

membership, the legislative history 

indicates that the Act, ‘‘[i]n the interest 

of economy and organization,’’ places 

‘‘substantial power in [the 

implementing agency] to establish 

guidelines for advisory committees and 

to direct the agencies’ use of them.’’ 118 

Cong. Rec. 16302 (1972) (statement of 

Rep. Moss) (referring to responsibilities 

that initially belonged to the Office of 

Management and Budget, which were 

later transferred to GSA in Executive 

Order 12024); see also 118 Cong. Rec. 

16305 (1972) (statement of Rep. Fascell) 

(referring to responsibilities that were 

eventually transferred to GSA and 

stating that the Act ‘‘is explicit and 

without any ambiguity as to the kind of 

authority [that the implementing 

agency] would have in making the 

guidelines’’); 118 Cong. Rec. 30280 

(1972) (statement of Sen. Roth) 

(recognizing that the Act would ‘‘offer[ 

] improved tools for the management of 

committees by [the implementing 

agency]’’). 

Over the past forty years, GSA has 

issued regulatory requirements and 

subregulatory guidance on how to 

ensure fairly balanced committee 

membership. Since 1983, GSA’s 

regulations have required agencies to 

consider a ‘‘cross-section’’ of 

‘‘interested’’ persons and groups with 

demonstrated professional or personal 

qualifications or experience to 

contribute to the ‘‘functions’’ and tasks 

to be performed. See Federal Advisory 

Committee Management, 48 FR 19324 

(Apr. 28, 1983). In response to 

comments, that language evolved over 

time, before settling in 1989 on the 

formulation that exists in the current 

regulatory text: that agencies must 

consider ‘‘a cross-section of those 

directly affected, interested, and 

qualified, as appropriate to the nature 

and functions of the committee,’’ which 

should ‘‘include persons with 

demonstrated professional or personal 

qualifications and experience relevant 

to the functions and tasks to be 

performed’’ by the advisory committee. 

Federal Advisory Committee 

Management, 54 FR 41215 (Oct. 5, 

1989). Further, in 2001, GSA responded 

to a commenter seeking further 

guidance on how to achieve fairly 

balanced committee membership by 

including an Appendix that encouraged 

agencies to consider several factors, 

including (1) the advisory committee’s 

mission; (2) the geographic, ethnic, 

social, economic, or scientific impact of 

the advisory committee’s 

recommendations; (3) the types of 

specific perspectives required, such as 

those of consumers, technical experts, 

the public at-large, academia, business, 

or other sectors; (4) the need to obtain 

divergent points of view on the issues 

before the advisory committee; and (5) 

the relevance of State, local, or tribal 

governments to the development of the 

advisory committee’s recommendations. 

See 2001 Final Rule, 66 FR 37727, 

37740. 

Consistent with the agency’s 

responsibility to ‘‘prescribe 

administrative guidelines and 

management controls applicable to 

advisory committees, and . . . [to] 

provide advice, assistance, and 

guidance to advisory committees to 

improve their performance,’’ Sec. 7(c) 

(codified at 5 U.S.C. 1006(c))—and in an 

effort to help committees to actually 

attain fairly balanced membership— 

GSA has long required agencies to 

submit ‘‘a description of the agency’s 

plan to attain balanced membership,’’ 

48 FR 19324 (Apr. 28, 1983). More 

recently, in an effort to collect more 

substantive information regarding an 

agency’s plan to attain a fairly balanced 

membership, GSA released guidance to 

the FACA community in 2011 on 

‘‘Preparing Membership Balance Plans’’ 

(MBPs). See https://www.gsa.gov/ 

cdnstatic/MembershipBalancePlan

Guidance-November_2011.pdf. 

Now, GSA proposes updating the 

regulatory language pertaining to the 

MBP (specifically at 41 CFR 102–3.60) 

to reflect GSA’s longstanding guidance. 

Furthermore, in response to feedback 

from agencies and consistent with 

recent Presidential Actions supporting 

diversity, equity, inclusion, and 

accessibility, GSA proposes clarifying 

the procedures for submitting a MBP 

that helps ensure fairly balanced 

committee membership. Under that 

proposal, an agency shall provide the 

Secretariat with a MBP that addresses 

how the agency will ensure 

representation of all points of view 

required for fairly balanced committee 

membership—including groups and 

entities potentially affected, those with 

relevant lived experience, and persons 

with demonstrated professional or 

personal qualifications—as well as how 

the agency intends to conduct broad 

outreach to ensure that the call for 

nominees reaches the targets and 

stakeholder groups likely to possess 

those points of view. 

By requiring agencies to seek out 

individuals for potential membership 

that have relevant professional and/or 

lived experience with topics likely to 

come before the advisory committee, 

agencies can help to ensure that those 

insights and experiences inform and 

enhance the committee’s work. See 

Syreeta Skelton-Wilson et al., ‘‘Methods 

and Emerging Strategies to Engage 

People with Lived Experience,’’ Office 

of the Assistant Secretary for Planning 

and Evaluation, U.S. Department of 

Health and Human Services (Dec. 21, 

2021), https://aspe.hhs.gov/sites/ 

default/files/documents/ 

47f62cae96710d1fa13b0f590f2d1b03/ 

lived-experience-brief.pdf. For example, 


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by engaging individuals with relevant 

lived experience, ‘‘[s]ome initiatives, 

especially those involving legislatively 

mandated advisory groups or research 

commissions, [have] reported benefits 

such as an improved ability to deliver 

responsive services, programming, 

training, and technical assistance.’’ Id. 

at 6. Overall, the proposed amendments 

will help to continue improving the 

quality of committee conclusions and 

recommendations—ultimately 

enhancing the performance of advisory 

committees. 

Further, GSA proposes updating the 

rules and principles that apply to the 

management of advisory committees 

(specifically at 41 CFR 102–3.95 and 41 

CFR 102–3.140), including (a) clarifying 

that adequate committee support 

includes access to adequate virtual 

meeting capabilities and access to 

communication modes that are more 

inclusive; (b) encouraging agencies to be 

as transparent, equitable, inclusive, and 

timely as possible when providing 

public access to committee activities 

and materials; and (c) fostering active 

engagement, participation, and 

expression from all committee members 

and any member dissenting opinions, as 

applicable. Overall, the proposed 

amendments will help improve public 

access to advisory committees and 

membership engagement, which will in 

turn enhance the performance of 

advisory committees. 

Finally, GSA proposes improving 

public access to advisory committee 

meetings through amendments to 41 

CFR 102–3.65, 102–3.150, and 102– 

3.165. The Act specifies that meeting 

notices shall be published in the 

Federal Register and states that GSA 

‘‘shall prescribe regulations to provide 

for other types of public notice to insure 

that all interested persons are notified of 

each meeting in advance.’’ Sec. 10(a)(2) 

(codified at 5 U.S.C. 1009(a)(2)). These 

amendments accordingly seek to expand 

public notification beyond publication 

in the Federal Register by encouraging 

use of agency websites and other online 

forums. These amendments will also 

improve public access to advisory 

committees and thus will enhance the 

performance of those advisory 

committees. 

E. Updating the Language Regarding 

Merger 

The Act instructs the Administrator of 

General Services to conduct an annual 

‘‘review of the activities and 

responsibilities of each advisory 

committee,’’ in part ‘‘to determine . . . 

whether the committee should be 

merged with other advisory 

committees.’’ Sec. 7(b) (codified at 5 

U.S.C. 1006(b)). Historically, merger of 

advisory committees has been 

infrequent. More recently, however, 

merger has become a more routine 

occurrence during the consultation 

process. Accordingly, to appropriately 

account for that trend, GSA proposes 

adding the term ‘‘merge’’ throughout 

Part 102–3—namely, to sections that 

apply to actions taken by an agency in 

the establishment, reestablishment, 

renewal, operation, and termination of 

Federal advisory committees. 

F. Implementing Process 

Improvements—Charters 

The Act identifies certain information 

that must be included in the charter for 

each committee. See Sec. 9 (codified at 

5 U.S.C. 1008). Over a decade ago— 

consistent with the Administrator’s 

responsibility to ‘‘provide advice, 

assistance, and guidance to advisory 

committees to improve their 

performance,’’ Sec. 7(c) (codified at 5 

U.S.C. 1006(c))—GSA issued guidance 

on Preparing Federal Advisory 

Committee Charters, available at: 

https://www.gsa.gov/cdnstatic/ 

Preparing_FAC_Charters_%28F%29- 

110211.pdf. In addition to setting forth 

the requirements included in Section 9 

of the Act (codified at 5 U.S.C. 1008), 

the guidance also includes other 

information that enhances the 

transparency of advisory committee 

operation to the public, such as 

information on the authority, formation 

of subcommittees, and recordkeeping. 

GSA now proposes updating the charter 

section at 41 CFR 102–3.75 to reflect 

this current guidance—ultimately with 

the goal of increasing transparency with 

respect to the operation of each advisory 

committee and enhancing the 

performance of advisory committees. 

Further, GSA proposes revising the 

charter amendment process. The current 

regulatory process for amending 

charters (per the 2001 Final Rule) 

stipulates two separate processes for 

amendments—one that applies to minor 

changes, and the other that applies to 

major changes. Those processes, 

however, are identical except for a 

requirement to consult with the 

Secretariat as to any major changes. 

Although GSA’s intent was to forgo the 

need for consultation with the 

Secretariat if the changes were truly 

minor, there has been confusion in the 

FACA community regarding what 

specifically constitutes a minor 

amendment. Further, this confusion has 

resulted in a number of agencies 

choosing to consult with the Secretariat 

on all charter amendments. 

Accordingly, to eliminate confusion, 

GSA proposes consolidating the charter 

amendment sections into a singular 

process, to appear at 41 CFR 102–3.80. 

In addition, consistent with GSA’s 

priority of increasing transparency with 

respect to advisory committee activities 

(as explained above), GSA proposes 

requiring that agencies post notice of the 

amendment to the relevant advisory 

committee website (if one exists). 

G. Implementing Process 

Improvements—Agency Administrative 

Guidelines 

The Act requires each agency head to 

‘‘establish uniform administrative 

guidelines and management controls for 

advisory committees established by that 

agency.’’ Sec. 8(a) (codified at 5 U.S.C. 

1007(a)). In recent years, the FACA 

community has inquired about 

appropriate content for those guidelines. 

In response, GSA now proposes revising 

41 CFR 102–3.125 to clarify some of the 

operational components that agency 

administrative guidelines should 

reflect—such as specifying the content 

of committee bylaws and providing 

instructions on how to identify, 

calculate, and document advisory 

committee costs. 

H. Severability 

GSA proposes adding a new subpart 

on severability at 41 CFR 102–3.190, 

which states that all provisions 

included in Part 102–3 are separate and 

severable from one another. 

Regulations concerning Federal 

Advisory Committee Management do a 

number of things—from outlining 

public notification requirements to 

explaining the role of an agency head. 

Overall, each constituent element in 

Part 102–3 operates independently to 

help ensure that standards and uniform 

procedures govern the establishment, 

operation, administration, and duration 

of advisory committees. See Sec. 2(b)(4) 

(codified at 5 U.S.C. 1002(b)(4)). 

Accordingly, if any particular 

provision in Part 102–3 were to be 

stayed or invalidated by a reviewing 

court, the remaining provisions would 

continue to function effectively for 

advisory committees. For example, if 41 

CFR 102–3.75 on charter requirements 

were invalidated, that would not make 

41 CFR 102–3.155, which lists the 

requirements for facilitating an advisory 

committee meeting that is closed to the 

public, unworkable. Likewise, if 41 CFR 

102–3.60(b)(3) on attaining fairly 

balanced membership were invalidated, 

that would not prevent an agency from 

relying on the definitions section at 41 

CFR 102–3.25 to understand what 

‘‘committee staff’’ means. 

Further, any cross-references that 

appear throughout Part 102–3 are 


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1U.S. Office of Personnel Management General 

Schedule. 

2OMB Memo M–08–13, dated March 11, 2008. 

3 Fact Sheet: Computing Hourly Rates of Pay 

Using the 2087-Hour Divisor. 

duplicative and are intended only to 

make the regulations more user-friendly. 

Invalidation of a particular provision 

that is cross-referenced elsewhere will 

not materially alter the provision that 

contains the cross-reference. 

In summary, removal of any particular 

provision from Part 102–3 would not 

render the entire regulatory scheme 

unworkable. Thus, GSA considers each 

of the provisions in Part 102–3 to be 

separate and severable from one 

another. In the event of a stay or 

invalidation of any particular provision, 

it is GSA’s intention that the remaining 

provisions shall continue in effect. 

II. Expected Impact of This Proposed 

Rule 

This rule will have a cost impact on 

the Federal Government; however, it 

will not impact the private sector or 

state, local, or Tribal Governments, as it 

relates solely to agency administration 

and management. GSA has already 

incorporated a number of the changes 

into the consultation process that occurs 

between the agencies and GSA, the 

government-wide training for agencies 

and personnel involved with committee 

work, and routine interactions regarding 

agency committee management 

programs. 

III. Expected Costs and Benefits 

GSA conducted an economic analysis 

of the proposed changes and determined 

that during the first and subsequent 

years after publication of the rule, there 

are compliance costs associated with the 

new rule. GSA estimates the overall 

total additional undiscounted cost of 

this proposed rule to be $7,007,064 over 

a ten-year period. See Section VI.A 

(providing a full breakdown of 

compliance costs). There are numerous 

benefits described throughout Section 

I—including implementing legislative 

updates; helping to ensure that 

regulations concerning Federal 

Advisory Committee Management are 

user-friendly; clarifying and updating 

key FACA roles; increasing 

transparency, diversity, equity, access, 

accessibility, and inclusion throughout 

advisory committee processes and 

procedures; updating language 

regarding merger; and implementing 

process improvements with respect to 

advisory committee charters and agency 

administrative guidelines. 

IV. Executive Orders 12866, 13563, and 

14094 

Executive Order (E.O.) 12866, 13463, 

and 14094 directs agencies to assess all 

costs and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, reducing costs, 

harmonizing rules, and promoting 

flexibility. E.O. 14094 supplements and 

reaffirms the principles, structures, and 

definitions governing contemporary 

regulatory review established in E.O. 

12866 and E.O. 13563. The Office of 

Management and Budget’s Office of 

Information and Regulatory Affairs 

(OIRA) has designated this rule as a 

significant regulatory action and, 

therefore, was subject to review under 

Section 6(b) of E.O. 12866. 

V. Regulatory Flexibility Act 

GSA certifies that this rule will not 

have a significant economic impact on 

a substantial number of small entities 

within the meaning of the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. This 

proposed rule applies only to Federal 

agencies and employees. 

A. Government Costs 

GSA has determined, based on an 

economic model, that there are 

compliance costs associated with the 

Proposed Rule. The following section is 

a list of activities related to regulatory 

familiarization and compliance that 

GSA anticipates will occur. Compliance 

activities would take place in the FACA 

community and would consist of 

amending charters, revising guidelines, 

training, and outreach for diversity, 

equity, inclusion, access, and 

accessibility. These assumptions were 

generated based on internal GSA 

expertise. GSA estimates this cost by 

multiplying the time required to 

conduct the compliance activity by the 

estimated compensation. GSA calculates 

the estimated hourly compensation 

using the U.S. Office of Personnel 

Management’s 2023 General Schedule 

(GS) Rest of United States Locality Pay 

Table and the full fringe benefit cost 

factor. 123

1. Amending Charters 

GSA estimates it will take 25 

government employees on average with 

a GS–14 step five average hourly rate of 

$86.12/hour, three hours each in years 

1 to 10 to amend charters with updated 

information from this rule. Therefore, 

GSA estimates the total estimated cost 

for this part of the rule per year to be 

$6,459 ( = [25 employees] × [$86.12/ 

hour] × [3 hours]). 

2. Revising Guidelines 

GSA estimates it will take 57 

government employees, Committee 

Management Officers with a GS–15 step 

five average hourly rate of $101.30/hour, 

four hours each in year 1 to update 

guidelines with updated information 

from this rule. Therefore, GSA estimates 

the total estimated cost for this part of 

the rule to be $23,096 ( = [57 employees] 

× [$101.30/hour] × [4 hours]). 

GSA estimates it will take 987 

government employees, Designated 

Federal Officers with a GS–12 step five 

average hourly rate of $61.29/hour, 0.5 

hours each in year 1 to update 

guidelines with updated information 

from this rule. Therefore, GSA estimates 

the total estimated cost for this part of 

the rule to be $30,245 ( = [987 

employees] × [$61.29/hour] × [0.5 

hours]). 

3. Training 

GSA estimates it will take 57 

government employees, Committee 

Management Officers with a GS–15 step 

five average hourly rate of $101.30/hour, 

0.5 hours each in year 1 to deliver 

training related to changes with this 

rule. Therefore, GSA estimates the total 

estimated cost for this part of the rule 

to be $2,887 ( = [57 employees] × 

[$101.30/hour] × [0.5 hours]). 

GSA estimates it will take 1,552 

government Full-Time Equivalents 

(FTEs) with a GS–12 step five average 

hourly rate of $61.29/hour 0.5 hours 

each in year 1 to receive training related 

to changes with this rule. Therefore, 

GSA estimates the total estimated cost 

for this part of the rule to be $47,558 

( = [1,552 FTEs] × [$61.29/hour] × [0.5 

hours]). 

4. Outreach for Diversity, Equity, 

Inclusion, Access, and Accessibility 

GSA estimates it will take government 

employees with a GS–13 step five 

average hourly rate of $72.88/hour four 

hours per membership slot, in years 1 to 

10 to conduct additional outreach in 

identifying 1,050 new members that 

may be able to participate in new 

advisory committees—ultimately to 

help ensure that committee membership 

is fairly balanced. Therefore, GSA 

estimates the total estimated cost for 

this part of the rule per year to be 

$306,081 ( = [1,050 membership slots] × 

[$72.88/hour per government employee] 

× [4 hours]). 

GSA estimates it will take government 

employees with a GS–13 step five 

average hourly rate of $72.88/hour) 0.5 

hours per membership slot in year 1, to 


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conduct additional outreach in 

identifying 31,831 new members that 

may be able to participate in U.S. 

Department of Health and Human 

Services grant reviews—ultimately to 

help ensure that committee membership 

is fairly balanced. Therefore, GSA 

estimates the total estimated cost for 

this part of the rule to be $1,163,509 

( = [31,831 membership slots] × [$72.88/ 

hour per government employee] × [0.5 

hours]). 

GSA estimates it will take government 

employees with a GS–13 step five 

average hourly rate of $72.88/hour) one 

hour per membership slot in years 1 and 

2 to conduct additional outreach in 

identifying 17,937 new members that 

may be able to participate in non-grant 

review Federal advisory committees— 

ultimately to help ensure that 

committee membership is fairly 

balanced. Therefore, GSA estimates the 

total estimated cost for this part of the 

rule per year to be $1,307,185 ( = 

[17,937 membership slots] × [$72.88/ 

hour] × [1 hour]). 

5. Total Government Costs 

GSA estimates the total government 

costs to be $7,007,064 for years 1 to 10. 

A breakdown of the total estimated 

government costs by year is provided in 

the table below. 

Year Costs 

1 ...................................... $2,887,020 

2 ...................................... 1,619,725 

3 ...................................... 312,540 

4 ...................................... 312,540 

5 ...................................... 312,540 

6 ...................................... 312,540 

7 ...................................... 312,540 

8 ...................................... 312,540 

9 ...................................... 312,540 

10 .................................... 312,540 

Total ......................... 7,007,064 

B. Overall Total Additional Costs 

The overall total additional 

undiscounted cost of this final rule is 

estimated to be $7,007,064 over a tenyear period. A summary of the 

estimated costs calculated for a ten-year 

period at a 3- and 7-percent discount 

rate is provided in the table below. GSA 

did not identify any cost savings based 

on the impact of the rule. 

Summay Total costs 

Present Value (3 percent) .... $6,397,671 

Annualized Costs (3 percent) 750,002 

Present Value (7 percent) .... 5,742,952 

Annualized Costs (7 percent) 817,667 

C. Analysis of Alternatives 

The preferred alternative is the 

process laid out in the analysis above. 

However, GSA has analyzed one 

alternative to the preferred process. 

As an alternative, GSA could decide 

not to update regulations concerning 

Federal Advisory Committee 

Management; however, that alternative 

would leave outdated content in the 

regulations, which would continue to 

cause confusion, impede accessibility 

and transparency by excluding the 

expansion of virtual formats, and waste 

government time and resources by 

forcing agencies to seek clarification on 

sections that contain unclear and 

unnecessary language. In light of those 

concerns, GSA rejects the alternative. 

VI. Paperwork Reduction Act 

The proposed rule does not contain 

any information collection requirements 

that require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). 

List of Subjects in 41 CFR Part 102–3 

Advisory committees; Governmental 

property management. 

Krystal J. Brumfield, 

Associate Administrator, Office of 

Government-wide Policy. 

Therefore, GSA proposes to amend 41 

CFR part 102–3 as set forth below: 

PART 102–3—FEDERAL ADVISORY 

COMMITTEE MANAGEMENT 

■ 1. The authority citation for part 102– 

3 continues to read as follows: 

Authority: Sec. 205(c), 63 Stat. 390 (40 

U.S.C. 486(c)); sec. 7, 5 U.S.C. Chapter 10; 

and E.O. 12024, 3 CFR, 1977 Comp., p. 158. 

■ 2. Amend § 102–3.5 by revising the 

first sentence to read as follows: 

§ 102–3.5 What does this subpart cover 

and how does it apply? 

This subpart provides the policy 

framework and establishes minimum 

requirements that must be used by 

agency heads and Federal officers in 

applying the Federal Advisory 

Committee Act, as amended (FACA or 

‘‘the Act’’), 5 U.S.C., Chapter 10, to 

advisory committees they establish and 

operate. * * * 

■ 3. Revise § 102–3.10 to read as 

follows: 

§ 102–3.10 What is the purpose of the 

Federal Advisory Committee Act? 

FACA governs the establishment, 

operation, administration, and 

termination of advisory committees 

within the executive branch of the 

Federal Government. The Act defines 

what constitutes a Federal advisory 

committee and provides general 

procedures for the executive branch to 

follow for the operation of these 

advisory committees. In addition, the 

Act is designed to assure that the 

Congress and the public are kept 

informed with respect to the number, 

purpose, membership, activities, 

recommendations, outcomes, and cost 

of advisory committees through 

reporting requirements. These 

requirements form the basis for 

implementing the Act at both the agency 

and government-wide levels. 

§§ 102–3.15 and 102–3.20 [Removed and 

Reserved] 

■ 4. Remove and reserve §§ 102–3.15 

and 102–3.20. 

■ 5. Amend § 102–3.25 by— 

■ a. Revising the definitions for ‘‘Act’’, 

‘‘Advisory committee’’ and ‘‘Agency’’; 

■ b. Adding, in alphabetical order, the 

definitions for ‘‘Agency Head’’ and 

‘‘Chairperson’’; 

■ c. Revising the definitions for 

‘‘Committee Management Officer’’, 

‘‘Committee Management Secretariat’’, 

‘‘Committee Meeting’’, ‘‘Committee 

member’’ and ‘‘Committee staff’’, and 

‘‘Designated Federal Officer’’; 

■ d. Adding, in alphabetical order, the 

definition for ‘‘Group Federal Officer 

(GFO)’’; and 

■ e. Revising the definitions for 

‘‘Independent Presidential advisory 

committee’’, ‘‘Non-discretionary 

advisory committee’’, ‘‘Subcommittee’’, 

and ‘‘Utilized’’. 

The additions and revisions read as 

follows: 

§ 102–3.25 What definitions apply to this 

part? 

* * * * * 

Act means the Federal Advisory 

Committee Act (FACA), as amended, 5 

U.S.C. Chapter 10. 

* * * * * 

Advisory committee means any 

committee, board, commission, council, 

conference, panel, task force, or other 

similar group, which is established by 

statute, or established or utilized by the 

President or by an agency official, for 

the purpose of obtaining the group’s 

advice or recommendations for the 

President or on issues or policies within 

the scope of agency responsibilities 

(codified at 5 U.S.C. 1001). Advisory 

committees are subject to the Act unless 

specifically exempted by the Act, or by 

other statutes, or not covered by this 

Part. 

Agency has the same meaning as in 5 

U.S.C. 551(1). 

Agency Head means the head of an 

executive branch agency, department, or 


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commission, or their designated 

delegate. 

Chairperson means the advisory 

committee or subcommittee member 

who serves in this role on an advisory 

committee or subcommittee by statutory 

requirement, or by appointment or 

invitation by Presidential authority or 

an agency’s authority. 

Committee Management Officer 

(CMO) means the individual designated 

by the agency head to implement the 

provisions of section 8(b) of the Act 

(codified at 5 U.S.C. 1007(b)) and any 

delegated responsibilities of the agency 

head under the Act. 

Committee Management Secretariat 

(Secretariat) means the organization 

established pursuant to section 7(a) of 

the Act (codified at 5 U.S.C. 1006(a)), 

which is responsible for all matters 

relating to advisory committees and 

carries out the responsibilities of the 

Administrator under the Act and E.O. 

12024 (3 CFR, 1977 Comp., p. 158). 

Committee meeting means any 

gathering of advisory committee 

members (whether in person or 

electronically, such as using 

telecommunications or through a virtual 

platform), held with the approval of an 

agency, and with a Designated Federal 

Officer in attendance, for the purpose of 

deliberating on the matters upon which 

the advisory committee provides advice 

or recommendations. 

Committee member means an 

individual who serves by appointment 

or invitation by the appointing authority 

on an advisory committee or 

subcommittee. 

Committee staff means any Federal 

employee, private individual, or other 

party (whether under contract or not) 

who is not a committee member, and 

who serves in a support capacity to an 

advisory committee or subcommittee. 

Committee staff serve in coordination 

with the Designated Federal Officer. 

Designated Federal Officer (DFO) 

means an individual designated by the 

agency head, for each advisory 

committee for which the agency head is 

responsible, to implement the 

provisions of sections 10(e) and (f) of 

the Act (codified at 5 U.S.C. 1009(e) and 

(f)) and any advisory committee 

procedures of the agency under the 

control and supervision of the CMO. 

* * * * * 

Group Federal Officer (GFO) means 

an individual who assists the CMO in 

overseeing and managing a portion of 

the agency’s Federal advisory committee 

management program. 

Independent Presidential advisory 

committee means any Presidential 

advisory committee not assigned by the 

Congress, or by the President or the 

President’s delegate, to an agency for 

administrative and other support. 

Non-discretionary advisory committee 

means any advisory committee either 

required by statute or by Presidential 

directive. A non-discretionary advisory 

committee required by statute generally 

is identified specifically in a statute by 

name, purpose, or function(s), and its 

establishment or termination is beyond 

the legal discretion of an agency head. 

* * * * * 

Subcommittee means the group that 

reports to an advisory committee, and 

not directly to a Federal officer or 

agency, whether or not its members are 

drawn in whole or in part from the 

parent advisory committee. However, if 

a subcommittee makes advice or 

recommendations directly to a Federal 

officer or agency, it is no longer 

functioning as a subcommittee, and 

must: file a charter following the 

requirements of subpart § 102–3.70, that 

includes the information required in 

§ 102–3.75; comply with all of the 

requirements of this part; and will be 

counted as a chartered advisory 

committee at an agency. 

Utilized by means a committee that is 

one over which the President or a 

Federal officer or agency exercises 

actual management or control of its 

operation, whether or not it was 

established by the Federal Government. 

■ 6. Amend § 102–3.30 by revising the 

introductory text and paragraphs (a) 

through (d) to read as follows: 

§ 102–3.30 What policies govern the use of 

advisory committees? 

These are the policies to be followed 

by Federal departments and agencies in 

establishing and operating advisory 

committees consistent with the Act: 

(a) Determination of need in the 

public interest. A discretionary advisory 

committee may be established only 

when it is essential to the conduct of 

agency business and when the 

information to be obtained is not 

already available through another 

advisory committee or source within the 

Federal Government. 

(b) Termination. Advisory committees 

terminate pursuant to § 102–3.55. 

(c) Fairly balanced membership. An 

advisory committee must be fairly 

balanced in its membership in terms of 

the points of view represented and the 

functions to be performed (as explained 

further in § 102–3.60). 

(d) Open meetings. Advisory 

committee meetings must be open to the 

public except when a meeting is closed 

or partially closed in accordance with 

the exemptions set forth in the 

Government in the Sunshine Act, 5 

U.S.C. 552b(c). 

(1) Compliance with section 504 of the 

Rehabilitation Act of 1973, as amended. 

With the support of the sponsoring 

Federal department or agency, the 

advisory committee must provide 

reasonable modifications for individuals 

with disabilities when the modifications 

are necessary to avoid discrimination on 

the basis of disability, unless the public 

entity can demonstrate that making the 

modifications would fundamentally 

alter the nature of the program or 

activity. The advisory committee must 

also take appropriate steps to ensure 

that communications with individuals 

with disabilities are as effective as 

communications with others, including 

by furnishing appropriate auxiliary aids 

and services where necessary to afford 

qualified individuals with disabilities 

an equal opportunity to participate in, 

and enjoy the benefits of, the advisory 

committee. Examples of auxiliary aids 

and services include qualified 

interpreters and information in alternate 

formats, such as braille or large print. In 

order to be effective, auxiliary aids and 

services must be provided in accessible 

formats, in a timely manner, and in such 

a way as to protect the privacy and 

independence of the individual with a 

disability. An advisory committee may 

not charge for the provision of auxiliary 

aids and services. An advisory 

committee is not required to provide an 

aid or service if it can demonstrate that 

providing that aid or service would 

result in a fundamental alteration in the 

nature of a program or activity or in 

undue financial and administrative 

burdens. See 29 U.S.C. 794. Advisory 

committees should consider how to 

ensure that advisory committee 

members and members of the public are 

made aware of available auxiliary aides 

and services, as well as the option to 

request reasonable modifications in 

advance of meetings, and should 

identify a point of contact to receive and 

respond to requests for reasonable 

modifications. 

(2) Ensuring language access and 

provision of language assistance 

services. With the support of the 

sponsoring Federal department or 

agency, the advisory committee must 

ensure equal participation by 

individuals with limited English 

proficiency. This may include 

conducting outreach and providing 

notifications in the language(s) used by 

the affected communities and potential 

or actual advisory committee members, 

as well as providing language assistance 

services, including electronic and 

printed written translated documents 

and oral interpretation services free of 


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charge and in a timely manner, when 

such services are necessary to provide 

meaningful access to a limited English 

proficient individual, consistent with 

Title VI of the Civil Rights Act of 1964, 

42 U.S.C. 2000d et seq., and E.O. 13166: 

Improving Access to Services for 

Persons With Limited English 

Proficiency (August 11, 2000), 3 CFR, 

2000 Comp., p. 289. 

* * * * * 

■ 7. Revise § 102–3.35 to read as 

follows: 

§ 102–3.35 What policies govern the use of 

subcommittees? 

(a) In general, the requirements of the 

Act and the policies of this Federal 

Advisory Committee Management part 

do not apply to subcommittees of 

advisory committees that report to a 

parent advisory committee and not 

directly to a Federal officer or agency. 

However, this section does not preclude 

an agency from applying any provision 

of the Act and this part to any 

subcommittee of an advisory committee. 

(b) If a subcommittee reports directly 

to a Federal officer or agency, it is no 

longer functioning as a subcommittee. 

In that case, the subcommittee must be 

chartered as a new advisory committee, 

must comply with all of the 

requirements of this part, and will be 

counted as a chartered advisory 

committee at an agency. 

(c) Unless required by statute or 

Presidential directive, the creation and 

operation of subcommittees must be 

approved by the agency establishing the 

parent advisory committee in 

coordination with the DFO. 

■ 8. Revise § 102–3.40 to read as 

follows: 

§ 102–3.40 What types of committees or 

groups are not covered by the Act and this 

part? 

In addition to the committees created 

by the National Academy of Sciences, 

Engineering, and Medicine and the 

National Academy of Public 

Administration (except as covered by 

subpart E of this part), the Central 

Intelligence Agency, and the Federal 

Reserve, the following are examples of 

committees or groups that are not 

covered by the Act or this Federal 

Advisory Committee Management part: 

(a) Any advisory committee 

established or utilized by the 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 nonFederal entities and not actually 

managed or controlled by the executive 

branch; 

(d) Groups assembled where attendees 

provide individual advice to a Federal 

official(s); 

(e) Groups assembled to exchange 

facts or information with a Federal 

official(s); 

(f) 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 Governments (or 

their designated employees with 

authority to act on their behalf), acting 

in their official capacities. 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 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 on the 

Committee Management Secretariat 

website); 

(g) Any committee composed wholly 

of full-time or permanent part-time 

officers or employees of the Federal 

Government; 

(h) Local civic groups whose primary 

function is that of rendering a public 

service with respect to a Federal 

program; 

(i) Groups established to advise State 

or local officials; 

(j) 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; 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. 

Appendix A to Subpart A of Part 102– 

3 [Removed] 

■ 9. Remove appendix A to subpart A of 

part 102–3. 

■ 10. Revise the heading of subpart B to 

read as follows: 

Subpart B—How Are Advisory 

Committees Established, Renewed, 

Reestablished, Merged, and 

Terminated? 

■ 11. Revise § 102–3.45 to read as 

follows: 

§ 102–3.45 What does this subpart cover 

and how does it apply? 

Requirements for establishing and 

terminating advisory committees vary 

depending on the establishing entity 

and the source of authority for the 

advisory committee. This subpart covers 

the procedures associated with the 

establishment, renewal, 

reestablishment, merger, and 

termination of advisory committees. 

These procedures include, but are not 

limited to, consulting with the 

Secretariat, preparing and filing an 

advisory committee charter, publishing 

notice in the Federal Register, and 

amending an advisory committee 

charter. 

■ 12. Amend § 102–3.50 by revising 

paragraphs (a) through (d) to read as 

follows: 

§ 102–3.50 What are the authorities for 

establishing advisory committees? 

* * * * * 

(a) Required by statute. By law where 

Congress establishes an advisory 

committee, or specifically directs the 

President or an agency to establish it 

(non-discretionary); 

(b) Presidential authority. By E.O. of 

the President or other Presidential 

directive (non-discretionary); 

(c) Authorized by statute. By law 

where Congress authorizes, but does not 

direct the President or an agency to 

establish it (discretionary); or 

(d) Agency authority. By an agency 

under general authority in title 5 of the 

United States Code or under other 

agency-authorizing statutes 

(discretionary). 

■ 13. Amend § 102–3.55 by revising 

paragraphs (a)(1) and (4) to read as 

follows: 

§ 102–3.55 What rules apply to the 

duration of an advisory committee? 

(a) * * * 

(1) The statutory authority used to 

establish the advisory committee 

provides a different duration or 

termination, either stated in or implied 

by operation of the statute; 

* * * * * 

(4) The President or agency head 

renews the advisory committee not later 

than two years after its date of 

establishment, renewal, or 


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reestablishment in accordance with 

§ 102–3.60. If the President or an agency 

needs an advisory committee that was 

terminated or an advisory committee 

terminated because it was not renewed 

in a timely manner, it can be 

reestablished in accordance with § 102– 

3.60. 

* * * * * 

■ 14. Revise § 102–3.60 to read as 

follows: 

§ 102–3.60 What procedures are required 

to establish, renew, reestablish, or merge a 

discretionary advisory committee? 

(a) Consultation with the Secretariat. 

The agency head must first consult with 

the Secretariat. As part of this 

consultation, agency heads should 

provide the Secretariat with a full 

understanding of the background and 

purpose behind the advisory committee, 

and the Secretariat should share its 

knowledge and experience with the 

agency. 

(b) Include required information in 

the consultation with the Secretariat. 

Consultations covering the 

establishment, renewal, 

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, as 

appropriate based on the nature and 

functions of the advisory committee, as 

documented through the agency’s 

Membership Balance Plan (MBP). 

(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 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 to ensure that the call for 

nominees reaches the targets and 

stakeholder groups likely to possess 

those points of view. Agencies should 

further ensure outreach to racially, 

ethnically, culturally, economically, and 

otherwise diverse groups, 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. 

■ 15. Revise § 102–3.65 to read as 

follows: 

§ 102–3.65 What are the public notification 

requirements for discretionary advisory 

committees? 

A notice to the public in the Federal 

Register is required when a 

discretionary advisory committee is 

established, renewed, or reestablished, 

or a new committee is established as the 

result of a merger of existing 

committees. The notices should be 

written in plain language and should 

not assume that the public has 

background knowledge or familiarity 

with an agency or the advisory 

committee. The agency is also strongly 

encouraged to make the notice available 

electronically in the languages 

represented by the affected communities 

on the agency’s advisory committee 

website, if one exists, as well as use 

additional notification methods (such as 

an agency’s social media accounts) to 

reach advisory committee stakeholders 

(such as professional trade or 

membership groups, civic groups, 

community-based organizations, ethnic 

media, representatives of affected 

stakeholder groups, and colleges and 

universities). Electronic notices must 

meet the requirements of Title VI and 

E.O. 13166, as well as obligations under 

section 508 of the Rehabilitation Act. 

(a) Procedure. Upon receiving notice 

from the Secretariat that its review is 

complete in accordance with § 102– 

3.60(a), the agency must publish a 

notice in the Federal Register 

announcing that the advisory committee 

is being established (including due to a 

merger), renewed, or reestablished. 

When establishing a new advisory 

committee, the notice also must 

describe the nature and purpose of the 

advisory committee and affirm that the 

advisory committee is necessary and in 

the public interest. 

(b) Time required for notices. Notices 

of advisory committee establishment 

(including due to a merger) and 

reestablishment must appear at least 15 

calendar days before the charter is filed, 

except that the Secretariat may approve 

less than 15 calendar days when 

requested by the agency in exceptional 

circumstances (such as a national 

emergency or natural disaster). This 

requirement for advance notice does not 

apply to advisory committee renewals, 

notices of which may be published 

concurrently with the filing of the 

charter. 

■ 16. Amend § 102–3.70 by revising the 

introductory text, the introductory text 

of paragraph (a), and paragraphs (a)(3), 

(b), and (c) to read as follows: 

§ 102–3.70 What are the charter filing 

requirements? 

No advisory committee may meet or 

take any action until a charter has been 

filed by the CMO or by another agency 

official designated by the agency head. 

(a) Requirement for discretionary 

advisory committees. To amend a 

charter, or establish (including due to a 

merger), renew, or reestablish a 

discretionary advisory committee, a 

charter must be filed with: 

* * * * * 

(3) The Library of Congress; and 

* * * * * 

(b) Requirement for non-discretionary 

advisory committees. Charter filing 

requirements for non-discretionary 

advisory committees are the same as 

those in paragraph (a) of this section, 

except that the date of establishment, 

renewal, or reestablishment for a 

Presidential advisory committee is the 

date the charter is filed with the 

Secretariat. 

(c) Requirement for subcommittees 

that report directly to the Government. 

Subcommittees that report directly to a 

Federal officer or agency must comply 

with this subpart and be chartered as a 

new advisory committee as they are no 

longer functioning as a subcommittee. 

■ 17. Revise § 102–3.75 to read as 

follows: 

§ 102–3.75 What information must be 

included in the charter of an advisory 

committee? 

Purpose and contents of an advisory 

committee charter. An advisory 

committee charter is intended to 


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provide a description of an advisory 

committee’s mission, goals, and 

objectives. The charter must contain the 

following information: 

(a) The advisory committee’s official 

designation (official name); 

(b) The legal authority that permits 

the advisory committee to be 

established; 

(c) The objectives and the scope of the 

advisory committee’s activities; 

(d) A description of the duties for 

which the advisory committee is 

responsible and specification of the 

authority for any non-advisory 

functions; 

(e) The agency or Federal officer to 

whom the advisory committee submits 

its recommendations; 

(f) The agency responsible for 

providing the necessary support to the 

advisory committee, including the name 

of the President’s delegate, agency, or 

organization responsible for fulfilling 

the reporting requirements of section 

6(b) of the Act (codified at 5 U.S.C. 

1005(b)), if appropriate; 

(g) The estimated annual costs to 

operate the advisory committee in 

dollars and person years (full time 

equivalents or FTE); 

(h) The role of the DFO; 

(i) The estimated number and 

frequency of the advisory committee’s 

meetings; 

(j) The period of time necessary to 

carry out the advisory committee’s 

purpose(s); 

(k) The planned termination date, if 

less than two years from the date of 

establishment of the advisory 

committee; 

(l) The estimated number of advisory 

committee members, the expertise or 

experience required, and the anticipated 

advisory committee member 

designations; 

(m) Whether subcommittees may be 

created, by whom, and how they operate 

under the chartered advisory committee; 

(n) The relevant recordkeeping 

disposition schedule(s); and 

(o) The date the charter is filed in 

accordance with § 102–3.70. 

■ 18. Revise § 102–3.80 to read as 

follows: 

§ 102–3.80 How are charter amendments 

accomplished? 

Responsibility and limitation. The 

agency head is responsible for amending 

the charter of an advisory committee. 

Amending any existing advisory 

committee charter does not constitute 

renewal of the advisory committee 

under § 102–3.60. The procedures for 

making changes and filing amended 

charters will depend upon the authority 

basis for the advisory committee, as 

stated below: 

(a) Non-discretionary advisory 

committees. The agency head must 

ensure that any changes made to current 

charters are consistent with the relevant 

authority. When Congress by law, or the 

President by Presidential directive (e.g., 

E.O.), changes the authorizing language 

that has been the basis for establishing 

an advisory committee, the agency head 

or the chairperson of an independent 

Presidential advisory committee must 

amend those sections of the current 

charter affected by the new statute or 

Presidential directive (e.g., E.O.), and 

file the amended charter as specified in 

§ 102–3.70, and notify the public as 

specified in paragraph (c) of this 

section. 

(b) Discretionary advisory committees. 

The charter of a discretionary advisory 

committee must be amended when an 

agency head determines that provisions 

of a filed charter are inaccurate, specific 

provisions have changed or become 

obsolete with the passing of time, or 

advisory committees need to be merged. 

Amendments could also include 

changing the name of the advisory 

committee, advisory committee 

authority, number of members, 

estimated number or frequency of 

meetings, objectives and scope, duties, 

and estimated costs. The agency must 

amend the charter language as necessary 

and the agency must: 

(1) First consult with the Secretariat 

and explain the purpose of the changes 

and why they are necessary. The 

Secretariat will notify the agency when 

the consultation process is complete. 

(2) Upon receiving notice from the 

Secretariat that the consultation is 

complete, file the amended charter as 

specified in § 102–3.70, and notify the 

public as specified in paragraph (c) of 

this section. 

(c) Public notification of charter 

amendments. Agencies must post an 

announcement and a copy of the charter 

amendment on the advisory committee 

website. If an advisory committee 

website is not available, the agency 

must publish a notice of amendment in 

the Federal Register. Federal Register 

notice publishing and website posting of 

charter amendments may be performed 

concurrently with the filing of the 

charter. The publishing requirement in 

the Federal Register does not apply to 

a non-discretionary advisory committee 

if the amendment was the result of a 

legislative change or Presidential 

directive. 

§ 102–3.85 [Removed and Reserved] 

■ 19. Remove and reserve § 102–3.85. 

Appendix A to Subpart B of Part 102– 

3 [Removed] 

■ 20. Remove appendix A to subpart B 

of part 102–3. 

■ 21. Revise § 102–3.90 to read as 

follows: 

§ 102–3.90 What does this subpart cover 

and how does it apply? 

This subpart outlines specific 

responsibilities and functions to be 

carried out by the U.S. General Services 

Administration (GSA), the agency head, 

the CMO, and the DFO under the Act. 

■ 22. Revise § 102–3.95 to read as 

follows: 

§ 102–3.95 What principles apply to the 

management of advisory committees? 

Agencies are encouraged to apply the 

following principles to the management 

of their advisory committees: 

(a) Provide adequate support and 

access. Before establishing an advisory 

committee, agencies should identify 

requirements and ensure that adequate 

resources are available to support 

anticipated activities. Considerations 

related to support could include work 

and meeting space, necessary 

technology, supplies and equipment 

(e.g., adequate virtual meeting 

capabilities), Federal staff support, 

access to key decisionmakers, and 

member access to meetings (e.g., travel 

reimbursement). These considerations 

should also include support for access 

to communication modes that are 

inclusive of individuals with limited 

English proficiency or individuals with 

disabilities (e.g., adequate virtual 

meeting capabilities). These 

considerations should also include 

whether there are physical barriers to 

attending in-person meetings. 

(b) Practice openness. Agencies 

should seek to be as transparent, 

equitable, inclusive, and timely as 

possible when providing public access 

to advisory committee activities and 

materials. Agencies should minimize, to 

the extent possible, closing or partially 

closing meetings, and are encouraged 

where appropriate to open 

subcommittee meetings to the public. 

Agencies should also create public 

facing websites at both the agency and 

advisory committee level to help the 

public understand an agency’s advisory 

committee program, and use additional 

notification methods, as appropriate, to 

reach advisory committee stakeholders, 

pursuant to section 10 of the Act 

(codified at 5 U.S.C. 1009). Such 

websites must be in compliance with 

E.O. 13166, section 508 of the 

Rehabilitation Act, and the 21st Century 

Integrated Digital Experience Act 

(IDEA). Section 3(e) of 21st Century 


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IDEA requires any public Federal 

agency website created after December 

2018 to be in compliance with the 

website standards of the Technology 

Transformation Services of the General 

Services Administration [GSA]. IDEA, 

Public Law 115–336, 132 Stat. 5025;. 

(c) Promote diversity and inclusivity. 

Once the Federal advisory committee is 

formed, committee chairs and DFOs 

should foster a culture of diversity and 

inclusion by encouraging engagement, 

participation, and expression from all 

committee members and any members 

with dissenting opinions, as applicable. 

(d) Seek feedback. Agencies should 

continually seek feedback from advisory 

committee members and the public 

regarding the advisory committee’s 

activities. At regular intervals, agencies 

should communicate to the members 

how their advice has affected agency 

programs and decision making and 

make this information available to the 

public. 

■ 23. Revise § 102–3.100 to read as 

follows: 

§ 102–3.100 What are the responsibilities 

and functions of GSA? 

(a) The responsibilities of the 

Administrator under section 7 of the Act 

(codified at 5 U.S.C. 1006) have been 

delegated by the Administrator to the 

Committee Management Secretariat 

within GSA’s Office of Governmentwide Policy. 

(b) The Secretariat carries out its 

responsibilities by: 

(1) Engaging in consultations with 

agencies on the establishment, reestablishment, renewal, merger, and 

termination of discretionary advisory 

committees; 

(2) Prescribing guidance applicable to 

advisory committees; 

(3) Assisting other agencies in 

implementing and interpreting the Act; 

(4) Conducting an annual 

comprehensive review of Governmentwide advisory committee 

accomplishments, costs, benefits, and 

other indicators to measure 

performance; 

(5) Developing and providing 

Government-wide training regarding the 

Act and related statutes and principles; 

(6) Supporting the Interagency 

Committee on Federal Advisory 

Committee Management and FACA 

Attorney Council to improve 

compliance with the Act; 

(7) Designing and maintaining a 

FACA database to facilitate data 

collection, reporting, and use of 

information required by the Act; 

(8) Preparing regulations on Federal 

advisory committees; 

(9) Identifying performance measures 

that may be used to evaluate advisory 

committee accomplishments; and 

(10) Providing recommendations for 

transmittal by the Administrator to 

Congress and the President regarding 

proposals to improve accomplishment 

of the objectives of the Act. 

■ 24. Amend § 102–3.105 by— 

■ a. Revising the introductory text and 

paragraphs (a), (b) and (c); 

■ b. Redesignating paragraphs (d) 

through (j) as paragraphs (f) through (l); 

■ c. Adding new paragraphs (d) and (e); 

■ d. Revising the newly designated 

paragraphs (f), (j), (k), and (l). 

The revisions and additions read as 

follows: 

§ 102–3.105 What are the responsibilities 

of an agency head? 

When a committee is utilized by or 

established by an agency, the agency 

head must: 

(a) Comply with the Act, this part, 

and other applicable laws and 

regulations; 

(b) Issue administrative guidelines 

and management controls providing the 

details that advisory committee staff 

need to implement during the creation, 

operation, and termination of their 

Federal advisory committees; 

(c) Designate a CMO; 

(d) Designate a DFO for each advisory 

committee and its subcommittees; 

(e) Approve the advisory committee 

charters for establishments, renewals, 

re-establishments, or mergers; 

(f) 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); 

* * * * * 

(j) 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 including any 

supplemental agency requirements, and 

other Federal ethics rules; 

(k) Appoint or invite individuals to 

serve on committees, unless otherwise 

provided for by a specific statute or 

Presidential directive; and 

(l) Provide the opportunity for 

reasonable participation, including 

accessibility considerations, by the 

public in advisory committee activities, 

subject to § 102–3.140 and the agency’s 

guidelines. 

■ 25. Amend § 102–3.110 by revising 

paragraphs (a) and (b) to read as follows: 

§ 102–3.110 What are the responsibilities 

of a chairperson of an independent 

Presidential advisory committee? 

* * * * * 

(a) Comply with the Act, this part, 

and other applicable laws and 

regulations; 

(b) Consult with the Secretariat 

concerning the designation of a CMO 

and DFO; and 

* * * * * 

■ 26. Amend § 102–3.115 by— 

■ a. Revising section heading and 

introductory text; 

■ b. Removing from paragraph (b) 

‘‘§ 102–3.175(b)’’ and adding ‘‘§ 102– 

3.175(b)’’ in its place; and 

■ c. Removing from paragraph (d) 

‘‘§ 102–3.105’’ and adding ‘‘§ 102– 

3.105(f)’’ in its place. 

The revisions read as follows: 

§ 102–3.115 What are the responsibilities 

and functions of an agency CMO? 

In addition to implementing the 

provisions of section 8(b) of the Act 

(codified at 5 U.S.C. 1007(b)), the CMO 

will carry out all responsibilities 

delegated by the agency head and 

manage the agency FACA program. 

Management includes consulting with 

the Secretariat on Federal advisory 

committees, as delegated by the agency 

head; tracking charter establishments, 

renewals, re-establishments, mergers, 

amendments, and terminations; 

coordinating the agency Annual 

Comprehensive Review within their 

agency and with the Secretariat; 

providing training for agency staff 

supporting the FACA program; working 

with GFOs, as appropriate, and DFOs; 

and attending GSA government-wide 

FACA training and Interagency 

Committee on Federal Advisory 

Committee Management meetings. The 

CMO should create and maintain a 

public facing CMO website to further 

the public’s understanding of the 

agency’s FACA program. The CMO also 

should ensure that sections 10(b), 12(a), 

and 13 of the Act (codified at 5 U.S.C. 

1009(b), 1011(a), and 1012, respectively) 

are implemented by the agency to 

provide for appropriate recordkeeping. 

Records to be kept by the CMO include, 

but are not limited to— 

* * * * * 

■ 27. Revise § 102–3.120 to read as 

follows: 

§ 102–3.120 What are the responsibilities 

and functions of a DFO? 

(a) The agency head or, in the case of 

an independent Presidential advisory 

committee, the Secretariat, must 

designate a Federal officer or employee 

who must be either full-time or 

permanent part-time, to be the DFO for 


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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) Fulfill the requirements under 

section 10(b) of the Act (codified at 5 

U.S.C. 1009(b)); 

(6) Adjourn any meeting when he or 

she determines it to be in the public 

interest; 

(7) Chair any meeting when so 

directed by the agency head; 

(8) Maintain information on advisory 

committee activities and provide such 

information to the public, as applicable; 

and 

(9) Ensure advisory committee 

members and subcommittee members, 

as applicable, receive the appropriate 

training (e.g., FACA overview, ethics 

training) for efficient operation and 

compliance with the Act and this part. 

(b) The DFO should ensure a public 

facing website is created and 

maintained (that complies with the 

requirements of section 508 of the 

Rehabilitation Act of 1973) for each 

advisory committee, and include 

information such as: the advisory 

committee charter; relevant laws, 

regulations, and guidance; advisory 

committee member rosters and 

subcommittee member rosters, as 

applicable; 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 section 10(b) of the 

Act (codified at 5 U.S.C. 1009(b)). 

■ 28. Revise § 102–3.125 to read as 

follows: 

§ 102–3.125 What is required to be 

included in an agency’s administrative 

guidelines to implement an advisory 

committee? 

An agency’s administrative guidelines 

provide the details that advisory 

committee staff need to implement 

FACA requirements during the creation, 

operation, and termination of their 

advisory committees. 

(a) Advisory committee bylaws. 

Advisory committee bylaws should be 

developed by the agency, with advisory 

committee input and buy-in. Agency 

guidelines should specify the content of 

bylaws and ensure that they provide 

clear operating procedures for advisory 

committee meetings, other committee 

activities, and the relationship between 

committee members, the DFO, and 

agency staff. 

(b) Advisory committee costs. Agency 

guidelines must: 

(1) Provide instructions on how to 

identify, calculate, and fully document 

advisory committee costs; and 

(2) Ensure agency committee cost 

records match the data reported to 

Congress and the public through the 

FACA database. 

■ 29. Revise § 102–3.130 to read as 

follows: 

§ 102–3.130 What policies apply to the 

appointment, and compensation or 

reimbursement of advisory committee 

members? 

In developing guidelines to 

implement the Act, this part, and other 

applicable laws and regulations at the 

agency level, agency heads should 

address the following issues: 

(a) Appointment and terms of 

advisory committee members. Unless 

otherwise provided by statute, 

Presidential directive, or other 

establishment authority, advisory 

committee members serve at the 

pleasure of the appointing or inviting 

authority. Membership terms are at the 

sole discretion of the appointing or 

inviting authority. Agency heads are 

encouraged to set member term limits, 

where possible, so that agencies 

continually ensure the committee is 

fairly balanced throughout the life of the 

advisory committee. 

(b) Compensation of advisory 

committee members. Agencies are not 

required to pay and are not prohibited 

from paying their advisory committee 

members, unless required to or 

prohibited from doing so by statute or 

Presidential authority. In determining 

the rate of compensation (per § 102– 

3.105(h)) the agency head may establish 

appropriate rates of pay (including any 

applicable locality pay authorized by 

the President’s Pay Agent under 5 

U.S.C. 5304(h)) not to exceed the rate for 

level IV of the Executive Schedule 

under 5 U.S.C. 5315, unless a higher 

rate expressly is allowed by another 

statute. The agency may pay advisory 

committee members on either an hourly 

or a daily rate basis. The agency may not 

provide additional compensation in any 

form, such as bonuses or premium pay. 

(c) Other compensation 

considerations. In establishing rates of 

pay for advisory committee members, 

the agency must comply with any 

applicable statutes, E.O.s, regulations, 

and administrative guidelines. In 

determining an appropriate rate of basic 

pay for advisory committee members, an 

agency must give consideration to the 

significance, scope, and technical 

complexity of the matters with which 

the advisory committee is concerned, 

and the qualifications required for the 

work involved. 

(d) Federal employees assigned to an 

advisory committee. Federal employees 

serving as either an advisory committee 

member or as a staff person remain 

covered during the assignment by the 

compensation system of their employing 

agency. Federal employees serving as an 

advisory committee member or as a staff 

person must first obtain both the 

approval of their direct supervisor and 

the respective committee’s DFO prior to 

serving in either capacity. 

(e) Other appointment considerations. 

Any advisory committee staff person 

who is not a current Federal employee 

must be appointed in accordance with 

applicable agency procedures, in 

consultation with the DFO, and, as 

appropriate, the members of the 

advisory committee involved. 

(f) Travel expenses. Advisory 

committee members, while engaged in 

the performance of their duties away 

from their homes or regular places of 

business, may be allowed 

reimbursement for travel expenses, 

including per diem, per the rates 

established for employees by the 

Administrator of General Services at 5 

U.S.C. 5702. 

(g) Services for advisory committee 

members with disabilities. While 

performing advisory committee duties, 

an advisory committee member with 

disabilities may be provided services by 

a personal assistant as those that may be 

provided to employees per 5 U.S.C. 

3102. Additional accommodations 

should be discussed in order to 

maximize accessibility, including 

technology, per section 508 of the 

Rehabilitation Act. 

Appendix A to Subpart C of Part 102– 

3 [Removed] 

■ 30. Remove appendix A to subpart C 

of part 102–3. 

■ 31. Revise § 102–3.140 to read as 

follows: 

§ 102–3.140 What policies apply to 

advisory committee meetings? 

(a) The agency head for a 

discretionary or non-discretionary 

advisory committee established or 

utilized by that agency, or the 

chairperson for an independent 


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Presidential advisory committee, must 

ensure that: 

(1) Each advisory committee meeting 

is held at a reasonable time and in a 

manner or place accessible to the public 

and includes consideration of affected 

communities, as appropriate, as well as 

facilities or technology that are readily 

accessible to and usable by persons with 

disabilities, consistent with the 

requirements set forth in section 504 of 

the Rehabilitation Act of 1973, as 

amended, 29 U.S.C. 794; 

(2) The physical meeting room is 

sufficient to accommodate advisory 

committee members, advisory 

committee or agency staff, and a 

reasonable number of interested 

members of the public. If electronic 

forums are used, agencies should opt for 

technology features that are compliant 

with section 508 of the Rehabilitation 

Act, accommodate advisory committee 

members, advisory committee or agency 

staff, and allow for maximum 

participation by members of the public, 

as appropriate; 

(3) Any member of the public is 

permitted to file a written statement 

with the advisory committee, whether 

or not the statement is related to a 

specific meeting; 

(4) Any member of the public may 

speak to or otherwise address the 

advisory committee if the agency’s 

guidelines so permit; and 

(5) Any advisory committee meeting 

conducted in whole or part through any 

electronic medium (such as a 

teleconference or through a virtual 

platform) meets the requirements of this 

subpart. 

(b) The Federal Register notices, 

agendas, and supporting materials 

should be posted on the agency advisory 

committee website (if one exists) as 

soon as they are available or at the time 

they are provided to the advisory 

committee members. 

■ 32. Revise § 102–3.145 to read as 

follows: 

§ 102–3.145 What policies apply to 

subcommittee meetings? 

If a subcommittee provides advice or 

recommendations directly to a Federal 

officer or agency, or if its advice or 

recommendations will be adopted by 

the parent advisory committee without 

further deliberations by the parent 

advisory committee, then the 

subcommittee’s meetings must be 

conducted in accordance with the 

requirements of this subpart. 

■ 33. Revise § 102–3.150 to read as 

follows: 

§ 102–3.150 How are advisory committee 

meetings announced to the public? 

(a) A notice in the Federal Register 

must be published at least 15 calendar 

days prior to an advisory committee 

meeting, which includes: 

(1) The name of the advisory 

committee (or subcommittee, if 

applicable); 

(2) The time, date, physical place 

(and/or instructions to connect 

electronically), and purpose of the 

meeting; 

(3) Whether meeting registration is 

required; 

(4) A summary of the agenda, and/or 

topics to be discussed and instructions 

on how to access meeting materials; 

(5) A statement whether all or part of 

the meeting is open to the public or 

closed; if the meeting is closed in whole 

or in part, state the reasons why, citing 

the specific exemption(s) of the 

Government in the Sunshine Act, 5 

U.S.C. 552b(c); 

(6) Instructions for submitting written 

comments, and oral comments if 

permitted; 

(7) Instructions on how to submit a 

request for physical meeting or 

electronic meeting accommodations 

consistent with the requirements of E.O. 

13166 and section 508 of the 

Rehabilitation Act (29 U.S.C. 794d), as 

amended; and 

(8) The name and telephone number 

(or email) of the DFO or other 

responsible agency official, or agency 

electronic mailbox for the committee, to 

contact for additional information 

concerning the meeting. 

(b) In exceptional circumstances, such 

as a national emergency or natural 

disaster, the agency or an independent 

Presidential advisory committee may 

give less than 15 calendar days notice, 

provided that the reasons for doing so 

are included in the advisory committee 

meeting notice published in the Federal 

Register. 

(c) In addition to the Federal Register, 

and consistent with standard agency 

practice, agencies should announce 

meetings through additional notification 

methods, such as websites and social 

media, to reach committee stakeholders. 

■ 34. Amend § 102–3.155 by revising 

the introductory text and paragraphs (a), 

(b), and (c) to read as follows: 

§ 102–3.155 How are advisory committee 

meetings closed to the public? 

To close all or part of an advisory 

committee meeting, the DFO must: 

(a) Obtain prior approval. Submit a 

request to the agency head, or in the 

case of an independent Presidential 

advisory committee, the Secretariat, 

citing the specific exemption(s) of the 

Government in the Sunshine Act, 5 

U.S.C. 552b(c), that justifies the closure. 

The request must provide the agency 

head or the Secretariat sufficient time 

(generally, 30 calendar days) to review 

the matter in order to make a 

determination before publication of the 

meeting notice required by 41 CFR 102– 

3.150; 

(b) Seek General Counsel review. The 

Office of the General Counsel (or 

equivalent legal office) of the agency or, 

in the case of an independent 

Presidential advisory committee, GSA’s 

Office of the General Counsel, should 

review all requests to close meetings; 

(c) Obtain agency determination. If 

the agency head, or in the case of an 

independent Presidential advisory 

committee, GSA, finds that the request 

is consistent with the provisions of the 

Government in the Sunshine Act and 

FACA, the appropriate agency official 

must issue a determination that all or 

part of the meeting will be closed; and 

* * * * * 

■ 35. Amend § 102–3.160 by revising 

paragraphs (a) and (b) to read as follows: 

§ 102–3.160 What activities of an advisory 

committee are not subject to the notice and 

open meeting requirements of the Act? 

* * * * * 

(a) Preparatory work. Meetings of two 

or more advisory committee or 

subcommittee members convened solely 

to gather information, conduct research, 

or analyze relevant issues and facts in 

preparation for deliberation by advisory 

committee or subcommittee members in 

a public meeting of the advisory 

committee or subcommittee. These 

meetings to conduct preparatory work 

do not include deliberation among 

advisory committee or subcommittee 

members; and 

(b) Administrative work. Meetings of 

two or more advisory committee or 

subcommittee members convened solely 

to discuss administrative matters of the 

advisory committee or subcommittee 

(such as meeting logistics) or to receive 

administrative information from a 

Federal officer or agency (such as a 

briefing on ethics or FACA procedural 

requirements). 

■ 36. Amend § 102–3.165 by revising 

paragraphs (b)(1) and (4) and (c) to read 

as follows: 

§ 102–3.165 How are advisory committee 

meetings documented? 

* * * * * 

(b) * * * 

(1) The time, date, and place (or 

electronic format) of the advisory 

committee meeting; 

* * * * * 


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(4) Copies of each report or other 

materials received, issued, or approved 

by the advisory committee at the 

meeting. 

(c) The DFO must ensure that minutes 

are certified for accuracy by the 

chairperson within 90 calendar days of 

the meeting to which they relate. 

Agencies should post the meeting 

minutes on the agency advisory 

committee website (if one exists) not 

later than 14 calendar days after the 

meeting minutes have been certified. 

■ 37. Revise § 102–3.170 to read as 

follows: 

§ 102–3.170 How does an interested party 

obtain access to advisory committee 

records? 

Timely access to advisory committee 

records is an important element of the 

public access requirements of the Act. 

Section 10(b) of the Act (codified at 5 

U.S.C. 1009(b)) provides for the 

contemporaneous availability of 

advisory committee records that, when 

taken in conjunction with the ability to 

attend committee meetings, provide a 

meaningful opportunity to comprehend 

fully the work undertaken by the 

advisory committee. Although advisory 

committee records may be withheld 

under the provisions of the Freedom of 

Information Act (FOIA) if there is a 

reasonable expectation that the records 

sought fall within the exemptions 

contained in 5 U.S.C. 552(b), agencies 

may not require members of the public 

or other interested parties to file 

requests for non-exempt advisory 

committee records under the request 

and review process established by 5 

U.S.C. 552(a)(3). 

■ 38. Revise § 102–3.175 to read as 

follows: 

§ 102–3.175 What are the reporting and 

recordkeeping requirements for an advisory 

committee? 

(a) Presidential advisory committee 

follow-up report. Within one year after 

a Presidential advisory committee has 

submitted a public report to the 

President, a follow-up report required 

by section 6(b) of the Act (codified at 5 

U.S.C. 1005(b)) must be prepared and 

transmitted to the Congress detailing the 

disposition of the advisory committee’s 

recommendations. These reports are 

prepared and transmitted to the 

Congress as directed by the President, 

either by the President’s delegate, by the 

agency responsible for providing 

support to a Presidential advisory 

committee, or by the responsible agency 

or organization designated in the charter 

of the Presidential advisory committee 

pursuant to § 102–3.75(f). 

(b) Annual comprehensive review of 

Federal advisory committees. Per 

section 7(b) of the Act (codified at 5 

U.S.C. 1006(b)), GSA is required to 

conduct an Annual Comprehensive 

Review (ACR) of the activities and 

responsibilities of each Federal advisory 

committee that was in existence during 

any part of a Federal fiscal year. The 

Secretariat initiates this review, 

provides guidance to the agencies and 

departments on how to conduct the 

review, and closes out the ACR when all 

reviews have been completed. Federal 

agencies are responsible for reporting 

data on each advisory committee, such 

as its purpose, performance measures, 

subcommittees (if applicable), meeting, 

membership, and cost, into the GSA 

FACA database. CMOs, DFOs, and other 

responsible agency officials, such as 

GFOs, enter this data for the advisory 

committees they are responsible for in 

their agency. The FACA database 

provides transparency to the public on 

the activities of Federal advisory 

committees government-wide. The 

database is also used by Congress to 

perform oversight of the FACA program, 

and by the general public, the media, 

and others to stay abreast of important 

developments resulting from Federal 

advisory committee activities. 

(c) Annual report of closed or 

partially closed meetings. In accordance 

with section 10(d) of the Act (codified 

at 5 U.S.C. 1009(d)), advisory 

committees holding closed or partially 

closed meetings must issue reports at 

least annually, setting forth a summary 

of activities and such related matters as 

would be informative to the public 

consistent with the policy of 5 U.S.C. 

552(b). 

(d) Advisory committee reports. 

Subject to 5 U.S.C. 552, copies of each 

report made by an advisory committee, 

including any report of closed or 

partially closed meetings as specified in 

paragraph (c) of this section and, where 

appropriate, background papers 

prepared by experts or consultants, 

must be filed with the Library of 

Congress as required by section 13 of 

the Act (codified at 5 U.S.C. 1012) for 

public inspection and use. 

(e) Advisory committee records. 

Official records generated by or for an 

advisory committee must be retained for 

the duration of the advisory committee. 

Upon termination of the advisory 

committee, the records must be 

processed in accordance with the 

Federal Records Act, 44 U.S.C. Chapters 

21, 29–33, and regulations issued by the 

National Archives and Records 

Administration (see 36 CFR parts 1220, 

1222, 1228, and 1234), or in accordance 

with the Presidential Records Act, 44 

U.S.C. Chapter 22. 

Appendix A to Subpart D of Part 102– 

3 [Removed] 

■ 39. Remove appendix A to subpart D 

of part 102–3. 

■ 40. Revise § 102–3.180 to read as 

follows: 

§ 102–3.180 What does this subpart cover 

and how does it apply? 

This subpart provides guidance to 

agencies on compliance with section 15 

of the Act (codified at 5 U.S.C. 1014). 

Section 15 establishes requirements that 

apply only in connection with a funding 

or other written agreement involving an 

agency’s use of advice or 

recommendations provided to the 

agency by the National Academy of 

Sciences (NAS) or the National 

Academy of Public Administration 

(NAPA), if such advice or 

recommendations were developed by 

use of a committee created by either 

academy. For purposes of this subpart, 

NAS also includes the National 

Academy of Engineering, the National 

Academy of Medicine, and the National 

Research Council. Except with respect 

to NAS committees that were the subject 

of judicial actions filed before December 

17, 1997, no part of the Act other than 

section 15 applies to any committee 

created by NAS or NAPA. 

■ 41. Revise § 102–3.185 to read as 

follows: 

§ 102–3.185 What does this subpart 

require agencies to do? 

(a) Section 15 requirements. An 

agency may not use any advice or 

recommendation provided to an agency 

by NAS or NAPA under an agreement 

between the agency and an academy, if 

such advice or recommendation was 

developed by use of a committee created 

by either academy, unless: 

(1) The committee was not subject to 

any actual management or control by an 

agency or officer of the Federal 

Government; and 

(2) In the case of NAS, the academy 

certifies that it has complied 

substantially with the requirements of 

section 15(b) of the Act (codified at 5 

U.S.C. 1014(b)); or 

(3) In the case of NAPA, the academy 

certifies that it has complied 

substantially with the requirements of 

sections 15(b) (1), (2), and (5) of the Act 

(codified at 5 U.S.C. 1014(b)(1), (2), and 

(5), respectively). 

(b) No agency management or control. 

Agencies must not manage or control 

the specific procedures adopted by each 

academy to comply with the 

requirements of section 15 of the Act 

(codified at 5 U.S.C. 1014) that are 

applicable to that academy. In addition, 

however, any committee created and 


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used by an academy in the development 

of any advice or recommendation to be 

provided by the academy to an agency 

must be subject to both actual 

management and control by that 

academy and not by the agency. 

(c) Funding agreements. Agencies 

may enter into contracts, grants, and 

cooperative agreements with NAS or 

NAPA that are consistent with the 

requirements of this subpart to obtain 

advice or recommendations from such 

academy. These funding agreements 

require, and agencies may rely upon, a 

written certification by an authorized 

representative of the academy provided 

to the agency upon delivery to the 

agency of each report containing advice 

or recommendations required under the 

agreement that: 

(1) The academy has adopted policies 

and procedures that comply with the 

applicable requirements of section 15 of 

the Act (codified at 5 U.S.C. 1014); and 

(2) To the best of the authorized 

representative’s knowledge and belief, 

these policies and procedures 

substantially have been complied with 

in performing the work required under 

the agreement. 

Appendix A to Subpart E of Part 102– 

3 [Removed] 

■ 42. Remove appendix A to subpart E 

of part 102–3. 

■ 43. Add Subpart F, consisting of 

§ 102–3.190, to read as follows: 

Subpart F—Severability 

§ 102–3.190 What portions of this part are 

severable? 

All provisions of this part are separate 

and severable from one another. If any 

provision is stayed or determined to be 

invalid, it is GSA’s intention that the 

remaining provisions shall continue in 

effect. 

[FR Doc. 2023–24181 Filed 10–31–23; 4:15 pm] 

BILLING CODE 6820–14–P 


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