TREASURY DIRECTIVE 21-03

DATE: January 17, 2025

SUBJECT: Establishment and Management of Treasury Federal Advisory Committees

  1. PURPOSE.  This Directive establishes policy for the establishment and management of advisory committees (“committees”) within the Department of the Treasury (Department). This Directive also authorizes the release of Treasury Directive Publication (TD P) 21-03, “Federal Advisory Committee Management,” which provides additional guidance and direction to all bureaus, offices, and organizations for managing and maintaining their committee management programs.
  2. SCOPE.  This Directive applies to all bureaus, offices, and organizations in the Department of the Treasury, including the offices of Inspectors General within the Department. The provisions of this Directive shall not be construed to interfere with or impede the authorities or independence of the Department’s Inspectors General. The Federal Advisory Committee Act does not apply to committees solely comprised of federal members.
  3. BACKGROUND.  The Federal Advisory Committee Act (FACA), as amended (the “Act”), (5 U.S.C. § 1001 et seq.) and the regulations issued by the General Services Administration (GSA) at 41 Code of Federal Regulations (CFR) Part 102-3, “Federal Advisory Committee Management,” created requirements that Federal Agencies must follow in establishing, operating, overseeing and terminating advisory committees. These requirements include that committees be chartered; generally, have their meetings be open to the public and announced in advance; and have their work products be made publicly available.
  4. POLICY.  It is the policy of the Department that bureaus and offices can only establish and manage advisory committees in accordance with the Federal Advisory Committee Act (FACA) and other Federal laws, regulations and policies, unless exempted by statute. Any bureaus that have established committees must consult with the Department’s Committee Management Officer (CMO) to ensure that such programs are effectively and efficiently managed.
  5. RESPONSIBILITIES.
    1. The Secretary of the Treasury designates the Committee Management Officer (CMO); and can establish or terminate any discretionary advisory committee.
    2. The Assistant Secretary for Management is the designated CMO and is responsible for issuing administrative guidelines.
    3. The Office of Privacy, Transparency, and Records (PTR), is responsible for providing support services to the Assistant Secretary for Management to carry out the functions of the CMO, and shall assist Treasury officials in establishing and managing advisory committees.
    4. Bureau or office heads (or designees) are the Treasury Sponsoring Official for each committee within their bureau or office and are responsible for selecting the Designated Federal Official for each committee.
    5. The Designated Federal Officer (DFO) is a federal employee who must manage the committee and must implement sections 10(e) and (f) of the Act. This includes approving meetings and meeting agendas; ensuring each meeting has a federal chair; ensuring that meeting minutes are captured and published; and ensuring charters and membership packages are approved and filed in a timely manner.
  6. AUTHORITIES/REFERENCES.
    1. Federal Advisory Committee Act, as amended (Pub L. 92-463, codified at 5 U.S.C. 1001-1014)
    2. Executive Order 12024, “Relating to the Transfer of Certain Advisory Committee Functions,” dated December 1, 1977.
    3. Executive Order 12838, “Termination and Limitation of Federal Advisory Committees,” dated February 10, 1993.
    4. 41 CFR Part 102-3, Federal Advisory Committee Management.
    5. OMB Circular No. A-135, “Management of Federal Advisory Committees,” dated October 5, 1994.
  7. CANCELLATION.  Treasury Directive 21-03, “Establishment and Management of Treasury Federal Advisory Committees,” dated July 30, 2007, is superseded.
  8. OFFICE OF PRIMARY INTEREST.  Office of Privacy, Transparency, and Records, Office of the Assistant Secretary for Management.

 

/S/
Aditi Hardikar
Assistant Secretary for Management