Section 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 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 non-Federal 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 sec. 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.