# 41 CFR § 102-3.40: Activities, committees, or groups not covered by the Act and this part > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.40 ## Section - **Citation:** 41 CFR § 102-3.40 - **Heading:** Activities, committees, or groups not covered by the Act and this part - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 41—Public Contracts and Property Management > Subtitle C—Federal Property Management Regulations System > CHAPTER 102—FEDERAL MANAGEMENT REGULATION > SUBCHAPTER A—GENERAL > PART 102-3—FEDERAL ADVISORY COMMITTEE MANAGEMENT > Subpart A—Federal Advisory Committee Management Policies ## Text 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, and exclusively discussing matters relating to the management or implementation of Federal programs established pursuant to public law that explicitly or inherently share intergovernmental responsibilities or administration (sec. 204(b) of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1534(b), and Office of Management and Budget (OMB) Memorandum M-95-20, dated September 21, 1995); (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 primarily 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; (k) Meetings where individual rather than consensus advice is sought, such as roundtable discussions, workshops, townhall meetings, listening sessions, fact-finding meetings, meetings with an individual, or meetings with small groups of experts that do not involve regular meetings and collective recommendations; (l) Public engagement that is required by statutes, including but not limited to: notice and comment rulemaking under the Administrative Procedure Act (5 U.S.C. 551-559), public meetings required under the National Environmental Policy Act (42 U.S.C. 4321), or public participation under the Resource Conservation and Recovery Act (42 U.S.C. 6974(b)), the Clean Water Act (33 U.S.C. 1251(e)), or the Safe Drinking Water Act (42 U.S.C. 300j-9) and the National Historic Preservation Act section 106 (54 U.S.C. 306108); (m) Meetings with pre-existing non-governmental groups such as trade associations, advocacy groups, veterans organizations, environmental groups, or religious organizations where each group already has formulated views that it seeks to share with the Government; and (n) Meetings where an agency is either providing its views to the private sector, or is assisting the private sector in developing guidance for itself. ## Nearby sections - [41 CFR § 102-3.5 § 102-3.5 Coverage and application of this part.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.5.md) - [41 CFR § 102-3.10 § 102-3.10 Purpose and scope of the Federal Advisory Committee Act.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.10.md) - [41 CFR § 102-3.25 § 102-3.25 Definitions.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.25.md) - [41 CFR § 102-3.35 § 102-3.35 Policies governing the use of subcommittees.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.35.md) - [41 CFR § 102-3.40 § 102-3.40 Activities, committees, or groups not covered by the Act and this part.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.40.md) - [41 CFR § 102-3.45 § 102-3.45 Requirements for establishing and terminating advisory committees.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.45.md) - [41 CFR § 102-3.50 § 102-3.50 Authorities for establishing advisory committees.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.50.md) - [41 CFR § 102-3.55 § 102-3.55 Duration of advisory committees.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.55.md) - [41 CFR § 102-3.60 § 102-3.60 Procedures for establishing, renewing, reestablishing, or merging discretionary advisory committees.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.60.md) - [41 CFR § 102-3.65 § 102-3.65 Public notification requirements for discretionary advisory committees.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.65.md) - [41 CFR § 102-3.70 § 102-3.70 Filing requirements for advisory committee charters.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.70.md) - [41 CFR § 102-3.75 § 102-3.75 Content of advisory committee charters.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.75.md) - [41 CFR § 102-3.80 § 102-3.80 Amendments to advisory committee charters.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.80.md) - [41 CFR § 102-3.90 § 102-3.90 Responsibilities and functions under this subpart.](https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.90.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-41-102-3.40. Check the current official text before relying on it. Not legal advice.