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Effective Date: 5/12/75

Series: Departmental Management

Part 308: Committee Management

Chapter 8: Appointments to Advisory Committees

Originating Office: Immediate Office of the Secretary

8.1 Purpose. This chapter provides information and guidance regarding the appointment of members to advisory committees established by the Department, or those advisory committees for which the Department has appointing authority.

8.2 Appointing Authority. Unless otherwise provided by statute, regulation, or individual committee charter, the authority to appoint members to advisory committees is reserved by the Secretary, and exercised only by him (308 DM 1.4B and 308 DM 2.lA).

8.3 Standards for Selection and Conduct of Members.

A General. The Federal Advisory Committee Act, Public Law 92-463, requires that the membership of advisory committees shall be fairly balanced in terms of the points of view represented and the functions to be performed by the advisory committee. Appointees should be selected in such a manner to assure that the advice and recommendations of the advisory committee will not be inappropriately influenced by the appointing authority or by any special interest, but will instead be the result of the advisory committee=s independent judgment. Additional considerations for selection of members are:

(1) The membership of a committee necessarily depends upon its functions. For example, the membership of a committee whose sole function is to consider scientific questions may be limited to scientists. However, an effort should be made to include scientists representing different points of views and different types of employment (university, industry, etc.).

(2) If a committee is concerned with matters involving questions of social policy, representatives of the public interest should be included and representation of a variety of economic and social groups and geographic areas is desirable.

(3) No strict rule of proportional representation of the various types of groups is applicable. However, in regard to the selection of committee members, there is to be no discrimination on the basis of race, color, national origin, religion, or sex.

B. Public Members. Public members should be selected on the basis of their experience or capability in the fields of activity on which the committee is expected to provide advice and recommendations. Considerations should also be given to the inclusion of representatives of any part of the public which might be affected by the advice or recommendations of the committee.

C. Federal Government Employees. Selection of a Department or other Federal Government employee as a committee member shall be based on the individual=s ability to provide information relating to the business of the committee. The employee selected for service on an advisory committee shall present the official view, rather than his personal view, on all problems under consideration. He shall defend this position in such committee deliberations. However, he may make concessions provided they are within the framework of his instructions or are subject to further review. He shall be responsible for keeping the interested officials of the Department informed on actions taken by the committee.

(1) Regular Federal Government employees serving on an advisory committee and who, by such service, are determined to be subject to Conflict of Interest Statutes shall be required to file with the appropriate Ethics Counselor a Statement of Employment and Financial Interests (Form DI 212) for the duties assigned as committee member. The statement shall be filed and reviewed in accordance with the provisions of 43 CFR 20.735.

D. Disclosure of Financial Interests. Each public member of an advisory committee who is deemed to be a special Government employee (as defined in 18 U.S.C. 202) shall be required to file with the office tendering the appointment a Statement of Employment and Financial Interests (Form DI-213). The statement must be submitted no later than the time of employment. The statements of employment and financial interest shall be filed and reviewed in accordance with the provisions of 43 CER 20.735.

E. Conduct. All committee members are subject to the provisions of the Orders and regulations noted in 308 DM 2.1B.

F. Length of Appointment. Unless otherwise provided by law, persons other than full-time salaried officers or employees of the Government should not be appointed to serve on advisory committees for more than 365 day periods.

8.4 Procedures.

A. Appointments and Reappointments. Nominations for appointment to newly established committees, to fill vacancies resulting from the incumbent=s expiration of term, or reappointment of incumbents will be forwarded to the Assistant Secretary - Program Development and Budget through the appropriate program Assistant Secretary. Form DI-244 will be used to provide information for each nominee.

B. Notice of Vacancies. Officials maintaining the records of advisory committees shall advise the Assistant Secretary - Program Development and Budget through the appropriate program Assistant Secretary, 90 days in advance of any expected vacancy or expiration of term of appointment, and immediately of any vacancies resulting from resignation or death. Such notices will be prepared and forwarded as provided in sub-paragraph A above using Form DI-244.

8.5 Letters of Appointment. Unless provided otherwise by statute, regulation, or individual committee charter, all letters designating or appointing members of advisory committees other than regular officers or employees of the Government will be signed by the Secretary of the Interior.

8.6 Certificates of Appointment. The Department has developed a ACertificate of Appointment@ to advisory committees which will be used by all bureaus and offices which process such certificates for the signature of the Secretary. Certificates and the insertion of individual names and committee titles may be ordered from the Division of Printing and Publications, Office of Management Operations.

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5/12/75 #3520

Replaces 5/12/75 #1759