Federal Advisory Committee Act (FACA)

Federal Advisory Committee Act (FACA) is a United States federal law that governs the establishment and operation of advisory committees, which are created to provide advice and guidance to federal agencies such as the National Institutes of Health, National Science Foundation, and Department of Energy. The law aims to ensure that these committees are transparent, accountable, and free from undue influence from special interest groups like the Chamber of Commerce of the United States of America and American Petroleum Institute. FACA applies to committees established by the President of the United States, such as the National Security Council and Council of Economic Advisers, as well as those established by Congress, including the House Committee on Energy and Commerce and Senate Committee on Commerce, Science, and Transportation. The law also affects the work of various federal agencies, including the Environmental Protection Agency, Food and Drug Administration, and Federal Communications Commission.

● Introduction

The Federal Advisory Committee Act (FACA) was enacted in response to concerns about the growing number of advisory committees and the potential for undue influence from special interest groups like the National Rifle Association and American Israel Public Affairs Committee. The law requires that advisory committees be established in accordance with certain procedures and that they operate in a transparent and accountable manner, with input from stakeholders such as the American Medical Association, National Education Association, and United States Chamber of Commerce. FACA applies to a wide range of advisory committees, including those established by the Executive Office of the President of the United States, such as the Office of Management and Budget and Office of Science and Technology Policy, as well as those established by federal agencies like the Department of Defense, Department of State, and Department of the Treasury. The law also affects the work of non-governmental organizations like the Brookings Institution, Cato Institute, and Heritage Foundation, which often participate in advisory committees.

● Legislative History

The Federal Advisory Committee Act (FACA) was passed by the 91st United States Congress and signed into law by President Richard Nixon on October 6, 1972. The law was enacted in response to concerns about the growing number of advisory committees and the potential for undue influence from special interest groups like the American Legislative Exchange Council and National Association of Manufacturers. The law was also influenced by the work of congressional committees such as the House Committee on Government Reform and Senate Committee on Homeland Security and Governmental Affairs, which had investigated the use of advisory committees by federal agencies like the Federal Bureau of Investigation and Central Intelligence Agency. The law has been amended several times since its enactment, including amendments made by the 104th United States Congress and 110th United States Congress, which affected the work of federal agencies like the Department of Homeland Security and Department of Veterans Affairs.

● Provisions and Requirements

The Federal Advisory Committee Act (FACA) establishes certain requirements for the establishment and operation of advisory committees, including the requirement that committees be established in accordance with certain procedures and that they operate in a transparent and accountable manner, with input from stakeholders such as the National Governors Association, United States Conference of Mayors, and National League of Cities. The law requires that advisory committees be chartered by the federal agency that establishes them, and that the charter be filed with the Committee on House Administration and Senate Committee on Rules and Administration. The law also requires that advisory committees meet in public, except in certain circumstances where the meeting may be closed, such as when discussing classified information with the National Security Agency or Defense Intelligence Agency. Additionally, the law requires that advisory committees provide written reports of their activities and recommendations to the federal agency that established them, which may include the Department of Agriculture, Department of Commerce, and Department of Labor.

● Implementation and Enforcement

The Federal Advisory Committee Act (FACA) is implemented and enforced by the General Services Administration (GSA), which is responsible for providing guidance and oversight to federal agencies on the establishment and operation of advisory committees, including those established by the Department of Health and Human Services, Department of Housing and Urban Development, and Department of the Interior. The GSA also maintains a database of advisory committees, which is available to the public through the Federal Advisory Committee Act website, and provides information on the activities and recommendations of advisory committees, including those established by the Federal Reserve System and Securities and Exchange Commission. The law also requires that federal agencies establish procedures for the establishment and operation of advisory committees, and that they provide training to committee members and staff on the requirements of the law, which may include training on ethics and conflict of interest rules, as well as procedures for handling Freedom of Information Act requests.

● Criticisms and Reforms

The Federal Advisory Committee Act (FACA) has been subject to criticism and calls for reform over the years, with some arguing that the law is too restrictive and limits the ability of federal agencies to receive advice and guidance from stakeholders such as the National Association of Counties and United States Conference of Catholic Bishops. Others have argued that the law does not go far enough in ensuring transparency and accountability, and that it should be strengthened to require more disclosure of advisory committee activities and recommendations, which could include disclosure of meetings with lobbyists from organizations like the Pharmaceutical Research and Manufacturers of America and National Association of Realtors. There have been several attempts to reform the law, including bills introduced in the 112th United States Congress and 115th United States Congress, which affected the work of federal agencies like the Department of Education and Department of Transportation.

● Case Law and Controversies

The Federal Advisory Committee Act (FACA) has been the subject of several court cases and controversies over the years, including cases involving the National Academy of Sciences, American Bar Association, and Chamber of Commerce of the United States of America. In one notable case, the United States Court of Appeals for the District of Columbia Circuit ruled that the law applies to advisory committees established by the Executive Office of the President of the United States, including the National Security Council and Council of Economic Advisers. The law has also been the subject of controversy, including allegations that federal agencies have failed to comply with the law's requirements, such as the Environmental Protection Agency and Federal Communications Commission, and that advisory committees have been used to promote the interests of special interest groups like the National Rifle Association and American Israel Public Affairs Committee. The law has also been criticized for its impact on the ability of federal agencies to receive advice and guidance from stakeholders, including the National Governors Association, United States Conference of Mayors, and National League of Cities, and for its limitations on the use of advisory committees by federal agencies like the Department of Defense, Department of State, and Department of the Treasury.

Category:United States federal legislation