Federal Advisory Committee Act

Federal Advisory Committee Act
Name	Federal Advisory Committee Act
Enacted by	United States Congress
Enacted	1972
Effective	1972
Public law	Public Law 92–463
Citations	5 U.S.C. App.
Status	in force

Contents

Federal Advisory Committee Act The Federal Advisory Committee Act establishes requirements for advisory committees created to provide advice to President of the United States, United States Congress, United States Department of Defense, United States Department of Health and Human Services, and other federal entities. Enacted as Public Law 92–463 in 1972 during the Nixon administration, it aimed to increase openness, accountability, and formalize procedures for groups such as the President's Foreign Intelligence Advisory Board, Council of Economic Advisers, and ad hoc task forces. The Act interacts with statutes like the Administrative Procedure Act and institutions including the General Services Administration and the Government Accountability Office.

Background and purpose

Congress passed the Act amid concerns raised by hearings in the United States House Committee on Government Operations and investigations by the United States Senate Committee on Government Operations into the use of advisory panels during the Vietnam War era and revelations from the Watergate scandal. Lawmakers sought to regulate bodies influencing the Executive Office of the President, Department of State, National Aeronautics and Space Administration, and agencies such as the Environmental Protection Agency to prevent secret deliberations like those criticized in reports by the Congressional Research Service and the Office of Management and Budget. The purpose was to standardize chartering, membership, recordkeeping, and public access to meetings of advisory committees advising entities such as the National Institutes of Health and the Federal Communications Commission.

The Act defines "advisory committee" to encompass standing committees, task forces like those formed by the Secretary of Defense, and panels advising agencies including the Department of Energy or Food and Drug Administration, while excluding bodies composed solely of federal officers such as the Federal Reserve Board and judicial bodies like the United States Supreme Court. It delineates application across branches, covering advisors to the White House and independent agencies like the Securities and Exchange Commission and Federal Trade Commission, and clarifies exemptions for entities such as the National Security Council and classified groups working with the Central Intelligence Agency.

Under the Act, advisory committees require charters filed with the General Services Administration and periodic renewal, with membership appointed by agency heads or the President of the United States as in the case of the President's Council on Bioethics. It sets rules on appointment of experts from institutions such as Harvard University, Johns Hopkins University, Massachusetts Institute of Technology, and Stanford University and limits on compensation and travel subsidies typically processed through the Office of Personnel Management. Committees must designate chairs, adopt bylaws, and follow Federal Register notice requirements for meetings and agendas that affect work of organizations like the National Academy of Sciences and the American Medical Association.

The statute mandates public notice in the Federal Register and opportunities for comment, enabling participation from stakeholders including American Civil Liberties Union, National Rifle Association, Sierra Club, and professional societies like the American Bar Association. It requires that records, transcripts, and recommendations be available to entities such as the Library of Congress and requests by the Government Accountability Office be honored, unless classified under statutes like the Freedom of Information Act exemptions or national security provisions involving the Department of Homeland Security or Defense Intelligence Agency. This framework aimed to prevent closed-door advisement exemplified in controversies surrounding the Church Committee and to support public scrutiny similar to processes used by the National Transportation Safety Board.

Enforcement mechanisms involve reporting to the Congressional Budget Office, audits by the Government Accountability Office, and administrative review by the General Services Administration and the Office of Management and Budget. Congress has amended and updated related provisions through laws affecting advisory committees linked to the Patient Protection and Affordable Care Act, Clean Air Act, and directives from successive Presidents including Jimmy Carter, Ronald Reagan, Bill Clinton, George W. Bush, and Barack Obama that issued executive orders modifying advisory committee practices. Litigation over compliance has reached the United States Court of Appeals and occasionally the United States Supreme Court in disputes involving access and exemption claims.

The Act reshaped advisory processes for agencies like the Environmental Protection Agency, Food and Drug Administration, and Federal Aviation Administration, influencing advisory panels at the National Institutes of Health and ethics councils at the Department of Defense. Critics argue that exemptions for national security bodies and the rise of informal "white house meetings" can circumvent transparency; high-profile controversies include disputes involving the President's Advisory Council on HIV/AIDS, panels advising on Tobacco policy, and alleged conflicts of interest tied to appointees from corporations like Boeing and Pfizer. Defenders credit the Act with improving accountability noted by reports from the Government Accountability Office and enabling public engagement in regulatory rulemaking alongside mechanisms in the Administrative Procedure Act.