Federal Advisory Committee Act (FACA): Legislation Governing Advisory Committees

The Federal Advisory Committee Act (FACA) is a United States law enacted in 1972 that governs the creation, management, operation, and transparency of federal advisory committees. It aims to ensure that such committees provide objective and accessible advice to the federal government.

The Federal Advisory Committee Act (FACA), enacted in 1972, is a crucial piece of United States legislation that governs the creation, management, operation, and transparency of federal advisory committees. It seeks to ensure that these committees deliver objective, considered advice to the federal government while maintaining transparency to the public. The act is frequently noted in the Federal Register when new advisory committees are created or when existing ones are managed.

History and Enactment

FACA was signed into law by President Richard Nixon on October 6, 1972. The primary motivation was to increase transparency and accountability within the myriad advisory committees that supported various federal agencies. By standardizing operations and implementing public oversight, the act sought to bolster public trust in these committees’ advisory roles.

Key Provisions of FACA

Establishment and Termination

FACA establishes the procedures for creating and terminating federal advisory committees. Agencies must provide justification for the committee’s existence, demonstrating that its functions cannot be performed by the agency or another existing committee.

Membership and Balance

The act mandates that the composition of advisory committees be balanced in terms of perspectives and expertise relevant to the committee’s charge, ensuring that no single viewpoint dominates the deliberations.

Transparency and Public Involvement

FACA requires advisory committee meetings to be open to the public, with adequate notice provided through publication in the Federal Register. Meeting minutes and reports must be made available to the public, furthering transparency.

Oversight and Reporting

Each federal agency with advisory committees must report annually on their activities, including committee costs and membership details. The General Services Administration (GSA) oversees the compliance and performance of these committees.

Applicability and Significance

Examples and Case Studies

Numerous advisory committees operate under FACA’s guidance, such as the National Advisory Council on Innovation & Entrepreneurship (NACIE) and the President’s Council of Advisors on Science and Technology (PCAST). These committees offer expert guidance on diverse subjects, ranging from technology and public health to education and environmental policy.

Comparisons with Other Jurisdictions

While FACA is specific to the United States, other nations have similar mechanisms to ensure advisory body transparency and accountability. For example, the United Kingdom has its Code of Practice for Scientific Advisory Committees.

Related Terms and Definitions

Federal Register

The official journal of the federal government of the United States, wherein new rules, proposed rules, and public notices of federal agencies and organizations are published.

General Services Administration (GSA)

An independent agency of the United States government established to support the basic functioning of federal agencies, including the management of FACA compliance.

FAQs

Why was FACA enacted?

FACA was enacted to ensure transparency, objectivity, and balanced representation within federal advisory committees, enhancing public trust and governmental accountability.

Who oversees the compliance of FACA?

The General Services Administration (GSA) is responsible for overseeing FACA compliance, ensuring that advisory committees adhere to the established guidelines.

Can the public attend advisory committee meetings?

Yes, under FACA, most advisory committee meetings must be open to the public, and adequate notice must be provided through the Federal Register.

References

1. Federal Advisory Committee Act of 1972, Pub. L. No. 92-463, 86 Stat. 770 (1972).
2. General Services Administration. (n.d.). Federal Advisory Committee Act (FACA) Management Overview.
3. Federal Register. National Archives.

Summary

The Federal Advisory Committee Act (FACA) plays a critical role in the governance of federal advisory committees, ensuring transparency, balanced representation, and public trust. By mandating clear guidelines for the establishment, operation, and oversight of these committees, FACA enhances the integrity and effectiveness of the advice provided to the federal government.