8.3—Scope.
(a)
The Federal Advisory Committee Act applies to committees “established” by the Government and to committees “utilized” though not established by the Government.
(1)
The President and the Congress, or the Department in consultation with the Office of Management and Budget, may establish a group which shall be known as an advisory committee for the purpose of obtaining advice or recommendations and which shall be subject to the Federal Advisory Committee Act throughout its existence.
(2)
Though not established by the President or the Department, a group utilized for the purpose of obtaining advice or recommendations must file a charter prior to a meeting, and otherwise conform to the requirements of the Act during any meetings or other contacts with the Department.
(b)
One requisite for coverage of either type (established or utilized) under the Federal Advisory Committee Act is that the group can be defined as a committee as set forth in the definition of a committee, as contained in § 8.4 of these regulations, and have all or most of the following characteristics:
(1)
The purpose, objective or intent is that of providing advice to any officer or organizational component of the Department;
(3)
Has fixed membership (membership may include more than one full time Federal officer or employee but is not comprised wholly of Government personnel);
(c)
Where a group provides some advice to an agency, but the group's advisory function is incidental to and inseparable from other operational functions such as making or implementing decisions, the Federal Advisory Committee Act does not apply.
(d)
Where the advisory function of a group is separable from its operational function, the group is subject to the Act to the extent that it operates as an advisory committee.